San Francisco County Municipal Code Art. IX Miscellaneous

Sec. 910. Special Election Fund. Sec. 920. Retention of Records. Sec. 940. Code Provisions are Directory Only; Substantial Compliance. Sec. 950. Successive Provisions of the California Elections Code. Sec. 960. Severability. Sec. 970. Giving, Receiving Anything of Value in Consideration of Voting Prohibited. Sec. 980. Preparation of Backup Plan; Contracts for Voting Equipment.

SEC. 910. SPECIAL ELECTION FUND. The Board of Supervisors shall maintain a fund of not less than $100,000 to be known as the Special Election Fund, to be used exclusively for defraying the costs of verifying petitions and other expenses of all special elections, including recall elections. In the event of the expenditure of any of said fund, the Board of Supervisors in the next succeeding annual budget shall appropriate a sum sufficient to reimburse said Special Election Fund. (Added by Ord. 429-97, App. 11/17/97) SEC. 920. RETENTION OF RECORDS. The Director of Elections shall preserve for a period of two years all candidates' declarations, petitions and all nomination certificates filed in accordance with this Code. After two years, the Director of Elections may destroy these records. (Added by Ord. 429-97, App. 11/17/97)

SEC. 930. (Added by Ord. 429-97, App. 11/17/97; repealed by Ord. 183-03, File No. 030652, App. 7/25/2003) SEC. 940. CODE PROVISIONS ARE DIRECTORY ONLY; SUBSTANTIAL COMPLIANCE. All provisions of this Code imposing obligations and deadlines on City officials are directory only, and shall not provide a basis for invalidating action taken by City officials which does not comply with the Code. No informalities in conducting elections shall invalidate such elections if they have been conducted fairly and in substantial compliance with and conformity to the legal requirements. (Added by Ord. 429-97, App. 11/17/97) SEC. 950. SUCCESSIVE PROVISIONS OF THE CALIFORNIA ELECTIONS CODE. Whenever this Code incorporates a specific section or sections of the California Elections Code or other law, the intent is to also incorporate subsequent amendments to that section or sections, and any successor sections. (Added by Ord. 429-97, App. 11/17/97) SEC. 960. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Code is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Code. The Board of Supervisors hereby declares that it would have passed this Code and each and every article, section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Code would be subsequently declared invalid or unconstitutional. (Added by Ord. 429-97, App. 11/17/97) SEC. 970. GIVING, RECEIVING ANYTHING OF VALUE IN CONSIDERATION OF VOTING PROHIBITED. (a) No person shall directly or through any other person pay, lend, or contribute or offer or promise to pay, lend, or contribute, any money or other valuable consideration to or for any voter or to or for any other person to: (1) Induce any person to: (A) Vote at any municipal election; (B) Refrain from voting at any municipal election; (C) Vote or refrain from voting at a municipal election for or against any particular person or measure; or (D) Remain away from the polls during a municipal election; or (2) Reward any person for having: (A) Voted at any municipal election; (B) Refrained from voting at any municipal election; (C) Voted or refrained from voting at a municipal election for or against any particular person or measure; or (D) Remained away from the polls during a municipal election.

(b) No person may directly or through any other person solicit, accept, receive, agree to accept, or contract for, before, during or after a municipal election, any money, gift, loan, or other valuable consideration, offer, place, or employment for himself or herself or any other person because he or she or any other person: (1) Voted or agreed to vote at any municipal election; (2) Refrained or agreed to refrain from voting at a municipal election; (3) Voted, agreed to vote, refrained from voting, or agreed to refrain from voting for or against any particular person or measure at a municipal election; (4) Remained away or agreed to remain away from the polls during a municipal election; or (5) Induced any other person to: (A) Vote or agree to vote at any municipal election; (B) Refrain from voting or agree to refrain from voting at a municipal election; (C) Vote, agree to vote, refrain from voting, or agree to refrain from voting for or against any particular person or measure at a municipal election; or (D) Remain or agree to remain away from the polls during a municipal election. (c) Any person violating any of the provisions of this section shall be guilty of a misdemeanor and, upon a final judgment of conviction of same, shall be removed from office or in the alternative shall be subject to a penalty of not more than six months in jail and/or fine of not more than $1,000, as well as removal. (d) "Person" means an individual, partnership, corporation, association, firm or other organization or entity, however organized. (e) Nothing in this section shall prohibit the following: (1) Making an expenditure for, offering, providing, accepting or receiving transportation to or from the polls; or (2) Making an expenditure for, organizing or attending a gathering providing complementary food, beverages and/or entertainment, provided that no valuable consideration is offered, promised, solicited, accepted or received in consideration of the conduct described in subsection (a); or (3) Making expenditures for the organization and conduct of get-out-the-vote rallies. (f) Pursuant to the procedures set forth in San Francisco Charter Sections 15.102 and C3.699-10 et seq., the Ethics Commission shall adopt regulations consistent with this section for the purpose of implementing this Section while avoiding any application that would prohibit conduct protected by the United States Constitution or the California Constitution. (Added by Ord. 4-02, File No. 011909, App. 1/18/2002) SEC. 980. PREPARATION OF BACKUP PLAN; CONTRACTS FOR VOTING EQUIPMENT. The Department of Elections shall prepare a backup plan for any election for which the voting system that the Department of Elections intends to use in compliance with the San Francisco Charter and state law at that election is pending certification from the California Secretary of State. This backup plan shall be included as part of the written plan submitted to the Elections Commission pursuant to Section 13.103.5 of the Charter. The backup plan shall comply with the San Francisco Charter and state law and provide for alternate vote-counting methods and procedures, including but not limited to the possibility of entering into a contract with an alternate vendor. In addition, when considering the approval of a contract for voting equipment, the Board of Supervisors shall give great consideration to whether that equipment complies at the time of signing the contract with the San Francisco Charter and has gained all necessary certifications from the California Secretary of State. (Added by Ord. 130-06, File No. 060387, App. 6/22/2006)