San Bernardino Municipal Code Ch. 2.56 Elections

Section

Cross-reference:

For Charter provisions on elections, see Charter, Arts. II and VII

Statutory reference:

For provisions on notice of elections, see Cal. Election Code, §§ 10100 et seq.

City elections shall follow the provisions and procedures of the California Elections Code as applicable to general law cities, except as provided in the Charter or in this chapter.

(Ord. MC-268, passed 4-26-1983; Ord. MC-476, passed 9-24-1985; Ord. MC-478, passed 9-24-1985; Ord. MC-1318, passed 10-20-2009; Ord. MC-1453, passed 1-17-2018)

(A) Beginning in 2018, primary elections in the city shall be held in consolidation with the statewide primary election. Beginning in 2020, primary elections in the city shall be held in consolidation with the statewide primary election and every two years thereafter.

(B) Beginning in 2018, general elections in the city shall be held in consolidation with the statewide general election and every two years thereafter.

(C) In 2018, and every four years thereafter, the following offices will be elected and seated: Mayor, members of the City Council from the First Ward, the Second Ward and the Fourth Ward.

(D) In 2020, and every four years thereafter, the following offices will be elected and seated: members of the City Council from the Third Ward, the Fifth Ward, the Sixth Ward and the Seventh Ward.

(Ord. 2048, passed 10-5-1954; Ord. 3448, passed 10-30-1974; Ord. 3601, passed 9-7-1976; Ord. MC-934, passed 3-9-1995; Ord. MC-1318, passed 10-20-2009; Ord. MC-1453, passed 1-17-2018)

The filing fee for nomination papers or for supplemental nomination papers shall be $25. No nomination papers or supplemental nomination papers shall be filed except upon proof of said payment. The filing fee(s) shall not be refunded in the event the candidate fails to qualify as a candidate.

(Ord. 2048, passed 10-5-1954; Ord. 3601, passed 9-7-1976; Ord. MC-1318, passed 10-20-2009; Ord. MC-1453, passed 1-17-2018)

The City Clerk shall serve as the city’s elections official and shall carry out or cause to be carried out all the duties imposed on the elections official by the California Elections Code, except as those duties may be carried out by the county elections official for consolidated elections.

(Ord. 2048, passed 10-5-1954; Ord. 2779, passed 11-8-1966; Ord. 3792, passed 12-20-1978; Ord. MC-1318, passed 10-20-2009; Ord. MC-1453, passed 1-17-2018)

(A) In the event that any candidate receives a majority of the votes cast for an office at the primary election, that candidate shall be elected to the office, and shall be seated following certification of the general election results.

(B) In the event no candidate receives a majority of the votes cast for an office in the primary election, the two candidates receiving the highest number of votes for the office shall be the candidates for that office whose names shall appear on the ballots to be used at the general municipal election.

(C) In the case of a tie vote among candidates at a primary election for a voter-nominated office, all candidates receiving the highest number of votes cast for any candidate shall be candidates at the ensuing general election, whether or not there are more candidates at the general election than prescribed by this chapter.

(D) If only one candidate receives the highest number of votes cast but there is a tie vote among two or more candidates receiving the second highest number of votes cast, each of those second-place candidates shall be a candidate at the ensuing general election along with the candidate receiving the highest number of votes cast, regardless of whether there are more candidates at the general election than prescribed by this chapter.

(Ord. 2048, passed 10-5-1954; Ord. 3271, passed 6-28-1972; Ord. MC-852, passed 11-3-1992; Ord. MC-1318, passed 10-20-2009; Ord. MC-1453, passed 1-17-2018)

The Mayor and City Council members elected in each election shall be sworn in and begin their term of service upon certification of the general election results, and shall serve until their successors qualify.

(Ord. 2048, passed 10-5-1954; Ord. 2429, passed 3-27-1962; Ord. MC-1318, passed 10-20-2009; Ord. MC-1453, passed 1-17-2018)

In the event of a vacancy in the office of the Mayor, the City Council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment pursuant to the provisions applicable to general law cities, including, but not limited to, the term of the appointment, or call a special election in compliance with the provisions of Cal. Gov’t Code, § 36512 and Cal. Elections Code, §§ 1002 and 12001.

(Ord. 2048, passed 10-5-1954; Ord. 2429, passed 3-27-1962; Ord. MC-1318, passed 10-20-2009; Ord. MC-1453, passed 1-17-2018)

In the event of a vacancy in a Council seat, the City Council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment pursuant to the provisions applicable to general law cities, including, but not limited to, the term of the appointment, or call a special election in compliance with the provisions set forth in Cal. Gov’t Code, § 36512 and Cal. Elections Code, §§ 1002 and 12001.

(Ord. 2048, passed 10-5-1954; Ord. 3306, passed 10-24-1972; Ord. MC-852, passed 11-3-1992; Ord. MC-1318, passed 10-20-2009; Ord. MC-1453, passed 1-17-2018)

Whenever any city measure qualifies for a place on the ballot, the Mayor and City Council may direct designated city officers to prepare an initial fiscal analysis of the measure showing the amount of any increase or decrease in revenue or cost to the city. The fiscal analysis shall be printed preceding the arguments for and against the measure. If a City Attorney’s analysis has also been directed pursuant to the Cal. Elections Code, § 9280, the City Attorney’s analysis and the fiscal analysis shall be separately set forth.

(Ord. 2048, passed 10-5-1954; Ord. 2429, passed 3-27-1962; Ord. 3601, passed 9-7-1976; Ord. MC-1318, passed 10-20-2009; Ord. MC-1453, passed 1-17-2018)

[Reserved]

(Repealed by Ord. MC-1453, passed 1-17-2018 and Ord. MC-1318, passed 10-20-2009)

[Reserved]

(Repealed by Ord. MC-1453, passed 1-17-2018)

[Reserved]

(Repealed by Ord. MC-1453, passed 1-17-2018)

[Reserved]

(Repealed by Ord. MC-1453, passed 1-17-2018)

[Reserved]

(Repealed by Ord. MC-1453, passed 1-17-2018)

[Reserved]

(Repealed by Ord. MC-1453, passed 1-17-2018)

[Reserved]

(Repealed by Ord. MC-1453, passed 1-17-2018)

[Reserved]

(Repealed by Ord. MC-1453, passed 1-17-2018)

[Reserved]

(Repealed by Ord. MC-1318, passed 10-20-2009)

[Reserved]

(Repealed by Ord. MC-1318, passed 10-20-2009)

[Reserved]

(Repealed by Ord. MC-1318, passed 10-20-2009)

[Reserved]

(Repealed by Ord. MC-1453, passed 1-17-2018)

[Reserved]

(Repealed by Ord. MC-1453, passed 1-17-2018)

[Reserved]

(Repealed by Ord. MC-1453, passed 1-17-2018)

[Reserved]

(Repealed by Ord. MC-1453, passed 1-17-2018)

[Reserved]

(Repealed by Ord. MC-1453, passed 1-17-2018)

[Reserved]

(Repealed by Ord. MC-1453, passed 1-17-2018)

[Reserved]

(Repealed by Ord. MC-1453, passed 1-17-2018)

[Reserved]

(Repealed by Ord. MC-1453, passed 1-17-2018)

[Reserved]

(Repealed by Ord. MC-1453, passed 1-17-2018)

[Reserved]

(Repealed by Ord. MC-1318, passed 10-20-2009)