Burbank Municipal Code Art. 1 General Provisions

This Article constitutes the City Elections Code referred to in Section 800 of the City Charter. It shall be known as the City of Burbank Elections Code or Burbank Elections Code, and whenever cited in this chapter may be referred to as “this chapter” or “this Elections Code.” [Added by Ord. No. 20-3,933, eff. 4/17/20.]

For the purpose of providing for the manner of holding and conducting municipal elections in the city, provisions of the California Elections Code relating to the qualification of electors, the manner of voting, the duties of election officers and all particulars in respect to the management of municipal elections, so far as they may be applicable, shall govern all municipal elections of the city except as otherwise provided in this chapter or in the Charter. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

The provisions of this chapter shall be liberally construed to promote its objects and, if there has been substantial compliance therewith, no error, omission, or irregularity in the conduct of a municipal election shall invalidate such election. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

The following words and phrases, whenever used in this chapter, shall be construed as defined herein:

CITY: City of Burbank

CITY CLERK: For the purposes of the Municipal Election shall act as the Elections Official.

ELECTION OR MUNICIPAL ELECTION: Municipal elections held in the City.

ELECTIVE OFFICER OF THE CITY OR ELECTIVE OFFICE OF THE CITY: Every office filled by municipal election.

ELECTOR: Any person who qualifies as such under Section 1, Article II of the State Constitution.

MAJORITY: The number larger than half the total.

OATH: Includes affirmation.

REGISTER: The affidavits of registration prepared and bound by the County Registrar of Voters.

VOTER: Any person who has conformed to the general laws of the State governing the registration of voters and by reason of registration in the City of Burbank is entitled to vote in a municipal election. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

Municipal elections held in the City of Burbank shall be classified as two (2) kinds:

1. General Municipal Elections; and,

2. Special Elections. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

EMPLOY/SUPERVISE ELECTION OFFICERS:

The City Clerk and/or their designated City Clerk’s Office staff, in the absence of the City Clerk, shall supervise all municipal elections and may prescribe rules and regulations for the conduct of such elections that are not in conflict with the provisions of this chapter, the City Charter, or such laws of the State as may be applicable thereto.

Whenever any statement is made in this Elections Code to the effect that the City Clerk shall perform any clerical work in connection with the conduct of an election, such work may be delegated to one of their staff, or to any person specially employed by the City Clerk during the election period to assist in the conduct of such election.

The City Clerk and/or their designated City Clerk’s Office staff shall employ all election officers and shall supervise them in the performance of their duties. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

If the day for the performance of any act provided for by this chapter shall fall on a day that the City Clerk’s Office is closed, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

No approval by the City of Burbank of any agreement between the City and the Burbank-Glendale-Pasadena Airport Authority for a relocated or expanded airport terminal project, or any other discretionary act by the City relating to the approval of a relocated or expanded airport terminal project shall be valid and effective unless previously approved by the voters voting at a City election. [Added by Ord. No. 20- 3,933, eff. 4/17/20.]

The elective officers of the City are five (5) members of the City Council, a City Treasurer, and a City Clerk. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

All elective officers of the City shall hold office for terms of four (4) years or until their successors are elected and qualified. Pursuant to Burbank Municipal Code Section 2-1-223, the terms of office shall commence on the Council Reorganization Meeting date, which is the sixth Monday after the November Election Date, which is the first Tuesday after the first Monday in November, where newly elected members shall be inducted into office and the newly constituted Council shall choose one member to serve as Mayor and one member to serve as Vice Mayor. An example is as follows:

Reorganization Meeting
Election Date Date

November 3, 2020 December 14, 2020 November 2, 2021 December 13, 2021 November 8, 2022 December 19, 2022 November 7, 2023 December 18, 2023 November 5, 2024 December 16, 2024

[Added by Ord. No. 20-3,933, eff. 4/17/20.]

All elective officers of the City must be electors of the City at the time of their nomination and must have resided in the City for at least twenty-nine (29) days prior to filing their nomination papers or declaration of candidacy. Members of the City Council shall not hold any other elective office to which compensation is attached. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

Pursuant to Charter Section 800, General Municipal Elections for the election of officers and for such other purposes as the Council may prescribe shall be held biennially on the first Tuesday after the first Monday in November in each even-numbered year, or to coincide with any general statewide election held in November of each even-numbered year. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

Pursuant to Charter Section 800, Candidates to be elected to the office of Council Member, City Clerk or City Treasurer shall be elected at a General Municipal Election. The candidate who receives the highest number of votes for that office is elected. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

Except as to the date thereof, every Special Election shall be ordered, held, conducted, and the results thereof made known and delivered, in the same manner as other municipal elections. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

The City Council may consolidate Special Elections with each other or with any municipal, County, or State election. When consolidated, they shall be held, conducted, and the returns thereof canvassed and the results thereof declared, in all particulars the same as one election. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

Pursuant to Charter Section 900 (b), if the seats of a majority of the City Council shall become vacant, then the City Clerk shall call a Special Election at once to fill the vacancies for the unexpired terms. The Special Election called for such purpose shall be conducted substantially in the manner provided for General Municipal Elections, and the candidates receiving the greatest number of votes, equal to the number of vacancies, shall be deemed elected. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

A. Except as provided by Section 2-3-116 of this Article, the City Council shall, by resolution, order the holding of all municipal elections. Whenever two (2) or more municipal elections are consolidated, they may be ordered and consolidated by the same resolution.

B. Every resolution calling an election shall specify the object and time of holding the election and any other requirement as prescribed by the Los Angeles Registrar-Recorder/County Clerk’s Office and/or State Law. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

ELECTIONS ARE CONSOLIDATED:

A. With State or County Election: If a municipal election is consolidated with a State or County election, the resolution calling the municipal election need not set forth the precincts, polling places, ballot drop-off locations or election officers, but reference shall be made to the notice or resolution of the County Board of Supervisors calling such State or County election in which the information concerning the election is set forth.

B. With Another Municipal Election: If two (2) or more municipal elections are consolidated, but not consolidated with either a State or County election, then the precincts, ballot drop-off locations or polling places, and election officers need be set forth in only one list. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

Every resolution ordering the holding of a municipal election or the consolidation of a municipal election with another municipal election or with a State or County election shall be published once, at least five (5) days prior to the date of the election, in a daily newspaper of general circulation (as defined in the California Government Code) in the City. The publication also serves as the Notice of Election. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

A. Pursuant to Section 800 of the Charter of the City of Burbank, the City Council may authorize the conduct of mailed ballot elections for General Municipal Elections and Special Elections. Such mailed ballot elections shall be conducted in accordance with the applicable provisions of the California Elections Code, except as otherwise provided in this Section.

B. California Elections Code Sections 3001 through 3008, 3013, 3015 through 3017, 3019(f) and 3020 through 3022 shall not be applicable to City elections conducted pursuant to this section. Chapter 1 of Division 4 of the California Elections Code (commencing with Section 4000) and Elections Code Sections 4103 through 4108 shall not be applicable to the City elections conducted pursuant to this section.

C. Any voter may return a voted ballot by mail or personally return the ballot to any designated ballot drop-off location. A voter may also designate and authorize, in the voter’s own handwriting at the appropriate place on the outside of the ballot envelope, any adult person other than any candidate for any office in such election, to deliver the voter’s ballot to a designated ballot drop-off location. The City Clerk shall provide the appropriate location on the ballot envelope for the voter’s handwritten and signed designation and authorization. The person who delivers any other voter’s ballot to a ballot drop-off location shall sign their name in the appropriate location on the outside of the ballot envelope indicating that the ballot was dropped off by someone other than the voter.

D. California Elections Code Section 3019 shall apply with the added provision that the City Clerk may compare a copy of a voter’s signature produced from the original ballot envelope to the voter’s signature on the original affidavit, or may arrange with the County Registrar of Voters to compare such signature copies on the City’s behalf, and if a ballot shall be rejected on the basis of such comparison an appropriate notation shall be marked on the original ballot envelope as required by Section 3019 of the California Elections Code.

E. In all other respects, General Municipal Elections and Special Elections conducted wholly by mail shall be conducted in conformance with all other applicable provisions of this Article. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

All nominations for an elective office of the City shall comply with the provisions of this Article. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

No person shall be eligible to be nominated for an elective office of the City unless:

A. They have resided in the City for at least twenty-nine (29) days prior to filing their nomination papers or declaration of candidacy.

B. They are a qualified elector of the City at the time of nomination or election to office, whichever is sooner. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

Candidates may be nominated for any elective office of the City by the filing of a nomination paper with the City Clerk; provided, however, that no candidate shall be nominated for more than one office at the same election. If nomination papers for more than one office are presented on behalf of a candidate, the City Clerk shall accept only one office for filing. Any person who runs for office as a write-in candidate shall file a declaration stating that they are a write-in candidate for nomination or election to the particular office and giving the title to that office. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

Nomination papers shall be filed not earlier than the one hundred thirteenth day before the Election Date nor later than five o’clock (5:00) p.m. on the eighty-eighth (88) day before the Election Date, but any person filing a declaration for office as a write-in candidate may do so no later than the fourteenth day before the Election Date. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

Each candidate filing nomination papers or a declaration of candidacy as a write-in candidate shall pay a filing fee of twenty-five dollars ($25.00) to the City and shall file with the fee nomination papers in support of their candidacy signed by not less than fifty (50) nor more than one hundred (100) voters. Said filing fee shall not be refundable. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

No person shall be a candidate for any elective office of the City unless they have made such financial disclosures as may be required by law. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

No person shall circulate nomination papers unless they are a resident within the City. A candidate may circulate their own nomination papers. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

The City Clerk or designated staff shall prepare and issue nomination papers to any person desiring them. At the time of issuance, the City Clerk shall fill in the name of the candidate and the office which the candidate seeks, shall imprint or type the words “Official Filing Form” on the form and shall affix their signature. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

A person may sign their name to any number of nomination papers, provided they do not sign more papers for any particular office than there are candidates to be elected. Should a person sign their name to additional nomination papers for the same office beyond the number of candidates to be elected, their signatures shall be counted only on as many petitions, in the order of their filing, as there are candidates to be elected to such office. A candidate may sign their own nomination paper and their signature shall be given the same effect as that of any other qualified signer. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

Each signer of a nomination paper shall state their residence, giving the street and number, if any. If the signer’s residence has no street or number, the signer shall designate their place of residence by such description as will enable its location to be readily ascertained. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

Every nomination paper shall have an affidavit of the person who circulated it annexed thereto, stating the dates between which all signatures to the paper were obtained, that they saw the signatures appended thereto signed and knows that they are the signatures of the persons whose names they purport to be. Further, the circulator shall affix their residential address including street and number. If no street or number exists, a designation of my residence adequate to readily ascertain its location. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

Each nominating paper shall contain the constitutional oath or affirmation of the candidate and a verified statement that the candidate will accept the nomination and the office if elected. Such statement shall contain a blank space wherein the candidate shall be required to fill in their name in the manner in which they wish the same to appear on the ballot and also the designation which they wish to have under their name on the ballot, which designation shall conform to one of the designations permitted under California Elections Code relating to the form of ballots generally. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

The nomination paper, declaration of circulator, affidavit of nominee and oath of affirmation of allegiance shall be followed in accordance to California Elections Code Section 10226. [Added by Ord. No. 20- 3,933, eff. 4/17/20.]

All nomination papers shall be numbered consecutively by the City Clerk in the order of their filing and shall be checked for sufficiency when the time for nominations has closed. [Added by Ord. No. 20- 3,933, eff. 4/17/20.]

Any candidate may withdraw their nomination paper at any time on or before the eighty-eighth day prior to the Election Date for said office. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

Any person who falsely makes or fraudulently defaces or destroys all or any part of a nomination paper shall be guilty of a misdemeanor. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

Any person who files a nomination paper which they know is false in whole or in part, is guilty of a misdemeanor. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

The City Attorney shall prepare a ballot title and an impartial analysis for each measure and/or proposition to be submitted to the voters of the City. Such ballot title and impartial analysis shall be prepared within fifteen (15) days from the date the measure or proposition has been approved by the City Council and shall not exceed five hundred (500) words (except as to bond propositions). The ballot title shall be phrased in such language that it shall not be intentionally an argument or designed to create prejudice either for or against the measure or proposition. The impartial analysis shall show the effect of the measure on the existing law and the operation of the proposed measure. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

For a citywide mailed ballot election as prescribed in Section 2-3-120 of this Article, the City Clerk shall provide a sufficient number of official ballots for all registered voters Citywide. For a polling place election, a sufficient number of ballots shall be provided in each precinct to reasonably meet the needs of the voters in that precinct and such additional number of ballots as may be necessary for vote by mail and emergency purposes. Prior to the date of the election, the City Clerk shall deliver a sufficient quantity of ballots to each Precinct Board to meet the requirements of the precinct. Delivery may be made to any member of the Board. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

Only ballots furnished by the Los Angeles County Registrar-Recorder/County Clerk’s Office shall be used at municipal elections unless it is a citywide mailed election as prescribed in Section 2-3-120 of this Article. Any person knowingly preparing, delivering, or using any other ballot at a municipal election shall be guilty of a misdemeanor. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

The Los Angeles County Registrar-Recorder/County Clerk’s Office shall send notice of the ballot drop-off location or polling place to each voter with the sample ballot. Only official matter shall be sent out with the sample ballot as provided by law. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

Written arguments for or against measures or propositions on the ballot shall be selected by the City Clerk and printed and mailed with the sample ballot as provided in Division 9, Chapter 3, Article 4 and Section 9290 of the State Elections Code. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

A. Form of Statement and Filing Period: Each candidate for a City of Burbank elective office may prepare a candidate’s statement. The statement may include the name, age, and occupation of the candidate and a brief description of no more than two hundred (200) words, of the candidate’s education and qualifications expressed by the candidate themselves. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations. For the General Municipal Election, the statement shall be filed in the City Clerk’s Office at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until five o’clock (5:00) p.m. of the next working day after the close of the nomination period.

B. Mailing, Printing, Translation: The Los Angeles County Registrar-Recorder/County Clerk’s Office shall send to each voter together with the sample ballot, a voter’s pamphlet which contains the candidates’ statements prepared pursuant to this Section. The statement of each candidate shall be printed in type of uniform size and darkness, and with uniform spacing. The Los Angeles County Registrar- Recorder/County Clerk’s Office shall print any required translation of a candidate’s statement in the voter’s pamphlet in compliance with the requirements of the Voting Rights Act of 1965 (42 USC §1971 et seq.). Any additional translations will be printed as requested by the candidate at the time the statement is submitted.

C. Charges for Statement; City Council Resolution: Before the nominating period opens, the City Council shall, by resolution, determine whether charges shall be levied against candidates for the cost of sending the candidates’ statements to the voters including any legally-mandated translations. The City Clerk shall provide each candidate or the candidate’s representative with a copy of this Section and such resolution at the time they pick up the nomination papers and/or forms for candidates’ statements.

D. Payment of Charges: If the Council determines that the charges should be levied against the candidates for candidates’ statements, the City Clerk shall estimate the total cost of printing, handling, legally mandated translating, and mailing the candidates’ statements, including any other requested language translations, and shall require each candidate filing a statement, as a condition of having their statement included in the voter’s pamphlet, to pay in advance an estimate of their fees. Candidates requesting additional language translations beyond the legally mandated, shall be required to pay for the entire cost of such translation. The candidate shall be responsible for paying the City Clerk for any charges over and above the original estimated amount. No statement will be included in the voter’s pamphlet where the payment for the estimated fees has not been timely made, unless as otherwise provided in Section 2-3-144 of this Article. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

A. Statement of Financial Worth: Notwithstanding Section 2-3-143 of this Article, if a candidate claims to be indigent and unable to pay in advance the requisite fee for submitting a candidate’s statement, the candidate shall submit to the City Clerk a Statement of Financial Worth to be used in determining whether or not they are eligible to submit a candidate’s statement without payment of the fee in advance. The Statement of Financial Worth shall be submitted by the candidate together with their candidate’s statement on a form provided by the City Clerk’s Office. The Statement of Financial Worth form may include questions relating to the candidate’s employer, income, real estate holdings, tangible personal property, and financial obligations. The candidate shall certify the truthfulness of the content of the statement under penalty of perjury. The candidate shall also sign a release form and provide a copy of the candidate’s most recent Federal income tax report.

B. Determination of Indigency: Upon receipt of a Statement of Financial Worth, the City Clerk shall, in their sole and exclusive discretion, determine whether or not the candidate is indigent and unable to pay, and shall notify the candidate of the decision in writing via overnight mail. If it is determined that the candidate is not indigent, the candidate shall within three (3) working days of the notification, withdraw the statement or pay the requisite fee. If the candidate fails to respond within the time prescribed, the City Clerk shall not be obligated to print and mail the statement. If it is determined that the candidate is indigent, the City Clerk shall print and mail the statement.

C. Payment After Election: Even if determined to be indigent, the candidate is still responsible for payment of said costs for the candidate statement. Nothing in this Section shall prohibit the City Clerk from billing and attempting to collect the cost of printing and mailing the candidate statement. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

A. Within five (5) days after the results of the election have been posted, any voter of the City may file a verified written protest with the City Clerk, if the Election is being conducted by the City Clerk’s Office, or the Los Angeles County Registrar-Recorder/County Clerk, if the Los Angeles County Registrar-Recorder/County Clerk’s Office is conducting the Election on behalf of the City, contesting the count of the ballots. Such protest shall set forth specifically the following:

1. The name and address of the voter protesting;

2. The name of the person whose right to be nominated or elected to office, stating the office, is being contested; or the proposition being contested;

3. The number of the precinct or precincts wherein it is claimed errors in the counting of ballots would give a different result, if corrected;

4. A statement of particulars as to the errors claimed to have been made in the original count;

5. A demand for a recount of the ballots cast in the specified precinct or precincts; and,

6. A deposit in an amount estimated by the City Clerk, if the Election is being conducted by the City Clerk’s Office, or the Los Angeles County Registrar-Recorder/County Clerk, if the Los Angeles County Registrar-Recorder/County Clerk’s Office is being conducting the Election on behalf of the City, to cover the cost of the recount.

B. Should the City Clerk or the Los Angeles County Registrar-Recorder/County Clerk’s Office, as applicable, have reasonable cause to believe the ballots in a precinct(s) have been miscounted, they may order a recount. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

The City Clerk shall present the results of the election to the City Council at the first regular City Council meeting following receipt of the official election certification from the Los Angeles County Registrar- Recorder/County Clerk’s Office. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

Whenever it appears upon the canvass of the returns of an election that two (2) or more persons have received an equal number of votes for any office so that it is impossible to determine who has been elected to such office, the persons tied shall be notified by the City Clerk in writing to appear before the City Council in open session at a time specified in the notice for the purpose of breaking the tie by the drawing of lots. At the time and place appointed, lots shall be drawn in such manner as the City Council shall prescribe. If any tied candidate does not appear, the City Clerk shall act for them in the drawing of lots. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

If no voter protests have been filed and a recount has not been ordered, the City Council shall accept the canvass of returns by the Los Angeles Registrar-Recorder/County-Clerk’s Office as correct. If however, any protest has been filed and/or a recount has been ordered, the City Council shall fix a time not more than seven (7) days after the presentation of the results to the City Council for the Los Angeles Registrar-Recorder/County Clerk’s Office to conduct a recount of the ballots and as to the officers and propositions involved in the protest. The City Clerk shall publicly present the results of the recount by the Los Angeles Registrar-Recorder/County Clerk’s Office to the City Council at their next meeting for action. The action of the City Council shall be final. If the election to the office of the City Clerk is the subject of the recount, the City Council shall appoint an officer, other than the City Clerk, to perform the duties of this Section. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

The voter filing the request seeking the recount pursuant to subsection 2-3-145A of this Article shall, before the recount is commenced and at the beginning of each day following, deposit with the City Clerk, if the Election is being conducted by the City Clerk’s Office, or the Los Angeles County Registrar-Recorder/County Clerk, if the Los Angeles County Registrar-Recorder/County Clerk’s Office is conducting the Election on behalf of the City, a sum as required to cover the cost of the recount for that day. The money deposited shall be returned to the depositor if, upon completion of the recount the recount was successful in changing the election result as to the candidate, or the position on the measure (affirmative or negative) for which the protest is filed. The depositor shall be entitled to the return of any money deposited in excess of the cost of the recount if the candidate, or position on the measure was not successful in changing the election result. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

On recount, ballots may be challenged for incompleteness, ambiguity, or other defects, in accordance with the following procedure:

A. The person challenging the ballot shall state the reason for the challenge.

B. The official counting the ballot shall count it as they believe proper and then set it aside with a notation as to how it was counted.

C. The City Clerk or the Los Angeles County Registrar-Recorder/County Clerk’s Office, as applicable, shall, before the recount is official, determine whether the challenge is to be allowed. The decision of the City Clerk is final. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

The City Council shall be the judge of the qualifications of all elective officers of the City. The action of the City Council shall be final and conclusive. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

As soon as the election results have been declared by the City Council, the City Clerk shall enter the resolution containing the following in the minutes of the Council:

A. The whole number of votes cast in the City;

B. The names of the persons voted for;

C. The measures or propositions voted upon;

D. For what office each person was voted for;

E. The number of votes given at each precinct, if applicable, to each person, and for and against each measure or proposition;

F. The number of votes given in the City to each person, and for and against each measure or proposition. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

Every person elected under the provisions of this chapter shall take and subscribe to the oath of office prescribed by the State Constitution before entering upon the performance of their official duties. The oath shall be administered by the City Clerk. The oath for the Office of City Clerk shall be administered by the City Clerk’s Office designated staff. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

After administering the oath of office to an elected candidate, the City Clerk shall present them with a Certificate of Election. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

All nomination documents shall be held by the City Clerk in accordance with State laws and the City’s Records Retention Schedule. Thereafter, the documents shall be destroyed as soon as practicable unless they either are in evidence in some action or proceeding then pending or unless the City Clerk has received a written request from a governing body that the documents must be preserved for use in a pending or ongoing investigation into election irregularities. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

The City Clerk shall preserve any initiative or referendum petition as specified in California Elections Code Section 17200. Public access to any such petition shall be restricted in accordance with CA Government Code Section 6253.5. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

No person may, directly or indirectly, or through any other person, advance or pay any money or other thing of value to or for the use of any other person, in consideration of a person withdrawing as a candidate for an elective office in a municipal election. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

No person may, with the intent to promote the election of any person, furnish or engage to pay or deliver any money or property for the purpose of either:

A. Procuring the attendance of voters at the polls; or

B. Compensating any person for procuring the attendance of voters at the polls, except for conveying them to or from the polls. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

It shall be unlawful for a person, before or during an election, to receive or enter into an agreement to receive an office, employment, money, loan or other thing of value, for themselves or any other person, for either:

A. Voting or agreeing to vote;

B. Coming or agreeing to come to the polls;

C. Refraining or agreeing to refrain from voting;

D. Voting or agreeing to vote for any particular person or measure; or

E. Refraining or agreeing to refrain from voting for any particular person or measure. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

It shall be unlawful, during or after an election, for a person to receive, directly or through any other person, an office, employment, money, loan, or other thing of value because that person or any other person either:

A. Voted or refrained from voting for any particular person or measure;

B. Came to the polls or remained away from the polls; or

C. Induced any other person to:

1. Vote or refrain from voting;

2. Vote or refrain from voting for any particular person or measure; or

3. Come to or remain away from the polls. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

No person may, directly or indirectly, or through any other person, advance or pay any money or other thing of value to or for the use of any other person, with the intent that it, or any part thereof, shall be used in bribery at any election, or knowingly pay any money or other thing of value to any person in discharge or repayment of any money, wholly or in part, expended in bribery at any election. [Added by Ord. No. 20-3,933, eff. 4/17/20.]

Every person is guilty of a misdemeanor who knowingly challenges or causes another person to challenge a person’s right to vote without probable cause or on fraudulent or spurious grounds, or who engages in mass, indiscriminate, and groundless challenging of voters solely for the purpose of preventing such voters from voting or to delay the process of voting, or who fraudulently advises any person that they are not eligible to vote or is not registered to vote when in fact such person is eligible or is registered or who violates any part of this chapter. [Added by Ord. No. 20-3,933, eff. 4/17/20.]