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Glendale Municipal Code: Title 1 | Chapter 08
Table of Contents
City Charter
Title 1
Title 2
Title 3
Title 4
Title 5
Title 6
Title 7
Title 8
Title 9
Title 10
Title 11
Title 12
Title 13
Title 14
Title 15
Title 16
Titles 17 - 29
Title 30
Statutory References

 


Chapter 1.08 ELECTIONS

Editor's Note: Pursuant to Charter, Art. V, § 5, the city operates under the provisions of the general state law applicable to elections, except as otherwise provided in the charter.

Sections:
1.08.010 State laws applicable to city elections-Exceptions.
1.08.020 Declaration of candidacy.
1.08.030 Nomination papers, time for circulation thereof-Extension of time if incumbent fails to file--Appointment if nominees do not exceed number of offices.
1.08.040 Filing fee.
1.08.050 Vote by mail (absentee) ballot applications and ballots in municipal elections.
1.08.060 Arguments concerning measures and propositions submitted to or by voters.
1.08.070 Council meeting after election.
1.08.080 Appointment of election officers and polling places.

1.08.010 State laws applicable to city elections--Exceptions.*

For the purpose of providing for the manner of holding and conducting municipal elections in the city, provisions of the Elections Code of the state 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 of the city. (Prior code § 6-1)

* For charter provisions providing that the members of council, the members of the board of education, the city treasurer and the city clerk shall be elected from the city at large, see Charter, Art. IV, § 1. For provisions relative to elections generally, see Charter, Art. V, §§ 1 to 6. As to vacancies in elective offices, see Charter, Art. VI, § 13. As to increase in compensation of elective officers, see Charter, Art. XXIII, § 4. As to payment for nomination, etc., to office, see Charter, Art. XXIII, § 10.

For similar charter provisions, see Charter, Art. V, § 5.

1.08.020 Declaration of candidacy.

Nomination papers for candidates for the offices of council member, member of the board of education, city clerk or city treasurer shall be issued by the city clerk after a declaration of candidacy has been filed by the candidate with the city clerk. Such declaration of candidacy shall state:

A. The candidate's residence, with street and number, if any;

B. The candidate's election precinct;

C. The name of the office for which he or she is a candidate;

D. That he or she will not withdraw as a candidate before the election, if nominated; and

E. That if elected, the candidate will qualify for the office. (Prior code § 6-2)

1.08.030 Nomination papers, time for circulation thereof--Extension of time if incumbent fails to file--Appointment if nominees do not exceed number of offices.

A. Nomination papers shall be signed by not less than one hundred registered voters qualified to vote at the next city general election. Nomination papers may be circulated in sections. All sections shall be filed at the same time. Nomination papers may be circulated for signatures not earlier than the eighty ninth day nor later than the sixty eighth day before the general election.

B. In the event a declaration of candidacy is not filed by an incumbent member of the city council by five thirty p.m. on the sixty eighth day before the election, any person other than the person who was the incumbent on the sixty eighth day, shall have until five thirty p.m. on the sixty third day before an election to file nomination papers. This subsection shall also apply to the board of education and community college district should an incumbent not file nomination papers within the time set forth herein.

C. If by five thirty p.m. on the sixty-third day prior to the date fixed for a board of education member or community college district board member election, only one person has been nominated for any elective office to be filled at that election, or no one has been nominated for the office, or in the case of members to be elected from the district at large, the number of candidates for governing board member at large does not exceed the number of offices to be filled at that election, or in the case of members to be nominated by trustee area and elected at large, the number of candidates do not exceed the number required to be elected governing board member at large nominated by that trustee area, and a petition signed by ten percent of the voters or fifty voters, whichever is the smaller number, in the district or trustee area, if elected by trustee area, requesting that a school district election be held for the offices has not been presented to the officer conducting the election, appointment will be made as prescribed by California Education Code Section 5328.

D. If, by five-thirty p.m. on the sixty-eighth day prior to the day fixed for a regularly scheduled municipal election or the sixty-third day if an incumbent fails to file, (i) no one or only one person has been nominated for any office which is elected on a citywide basis, or (ii) in the case of any office or offices to be elected at large, the number of persons who have been nominated for those offices does not exceed the number to be filled at that election, the city elections official shall submit a certificate of these facts to the governing body of the city and inform the governing body of the city that it may, at a regular or special meeting held before the municipal election, adopt one of the following courses of action:

1. Appoint to the office the person(s) who has been nominated;

2. Appoint to the office any eligible elector if no one has been nominated;

3. Hold the election, if either no one, or only one person has been nominated. The city elections official shall publish a notice of the facts described in this section and the courses of action available under this subdivision. Publication shall be made pursuant to Section 6061 of the Government Code in any newspaper of general circulation as designated by the city elections official.

After the fifth day following the date of posting or publication, the governing body of the city may make the appointment or direct an election to be held. The person(s) appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office.

If, by the fifty fifth day before the municipal election, no person has been appointed to office pursuant to subsection (C)(1) or (C)(2) of this section, the election shall be held.

E. Subdivision D shall not apply if, at the regularly scheduled municipal election, more than one person has been nominated to another city office to be elected on a citywide basis or, a city measure has qualified and is to be submitted to the voters at that municipal election.

F. Notwithstanding Chapter 1 of Part 3 of Division 8 of the California Elections Code, or any other provision of the law to the contrary, if the governing body of the city makes an appointment pursuant to subdivision D, the elections official shall not accept for filing any statement of write-in candidacy that is submitted after the appointment is made. (Ord. 5214 § 1, 1999: Ord. 5198 § 1, 1998: Ord. 5138 § 1, 1996: prior code § 6-3)

1.08.040 Filing fee.

A filing fee of twenty five dollars shall be paid to the city clerk for filing a declaration of candidacy, except no filing fee shall be required for any candidate for an office to the holder of which no compensation is payable. (Prior code § 6-4)

1.08.050 Vote by mail (absentee) ballot applications and ballots in municipal elections.

A. Legislative Purpose. To minimize delays in the handling, processing and delivery of vote by mail (absentee) ballot applications, reduce the risk of loss or mishandling of vote by mail (absentee) ballot applications, and to address the perception of improper influence with the entire vote by mail process. This legislation is intended to require direct delivery (mail or by hand) of a completed vote by mail ballot application to the city clerk by the recipient of a vote by mail ballot application.

B. No person, corporation, firm, association, campaign committee, company, partnership, business trust or any group or organization shall be involved with, or participate in any way in, the handling of completed vote by mail ballot applications, except for the initial distribution.

C. The initial distribution of vote by mail ballot applications and the distribution and voting of vote by mail ballots shall be pursuant to the California Elections Code as same exists or may hereafter be amended.

D. In lieu of the requirements of Elections Code Section 3006(b)(3), any vote by mail application mailed by a person, campaign committee, group, or organization other than the city clerk that contains preprinted information shall contain a conspicuously printed statement, as follows: “You must mail or deliver this application directly to the City Clerk for the City of Glendale, 613 East Broadway Suite 110 Glendale, California 91209-2005.”

1. In the event the city clerk designates a different address, the candidates shall be informed in writing and the vote by mail application printed statement shall include the newly designated address.

E. Nothing in this section precludes any person or entity described in subsection B of this section from conducting voter registration programs or activities, voter education programs or activities, or educating or assisting voters with a vote by mail ballot application. As used in the previous sentence “Educating or assisting with a vote by mail ballot application” does not include the voter to whom a vote by mail application is mailed submitting the completed application to any person or entity described in subsection B of this section other than the city clerk.

F. For purposes of this section, “person” in subsection B of this section does not include the voter to whom a vote by mail ballot application form is mailed or delivered, or a member of his or her immediate family.

G. This section shall not apply to persons who have been designated permanent absentee voters under the Elections Code. (Ord. 5595 § 1, 2008: Ord. 5138 § 2, 1996: prior code § 6-6)

1.08.060 Arguments concerning measures and propositions submitted to or by voters.

Whenever the council, of its own motion, proposes an ordinance, order, resolution, charter amendment, proposition for incurring indebtedness or any other kind of proposition to the voters for their approval or disapproval, and whenever a proposal to amend the charter is instituted by initiative petition to be submitted to the voters for their approval or disapproval, the following procedure shall be employed to inform the voters concerning the same; provided, that the action of the council to submit the measure or proposition to a vote of the voters or the filing of a sufficient initiative petition occurs at least ninety days prior to the election on such measures or propositions:

A. Request to Write. At least eighty-five days prior to the date of the election, persons or associations desiring to write arguments for or against the adoption of any measure or proposition shall file a written request with the city clerk.

B. Appointment of Persons to Write. The city clerk shall deliver to the council all such written requests, and from the persons or associations making such requests the council shall appoint, at least seventy-five days prior to the election, a person or an association to draft one argument for and one argument against the adoption of such measure or proposition. The council, in making such appointments, shall give preference in the order named as follows:

1. Officers of the city elected by the people;

2. Appointive officers of the city;

3. In the case of initiative charter amendment, the proponent of the petition;

4. Bona fide associations of citizens;

5. Individual voters.

C. Length-Signing of. An argument for or against any measure or proposition shall not exceed three hundred words and shall be submitted to the city clerk at least sixty-five days prior to the date of the election. Each argument shall be signed by the person or association preparing it. In cases where an argument is prepared by an association, the names of two of the officers of such association shall be signed thereto following the name of the association. The name of the person signing such argument shall be shown on the copies of the argument submitted to the voters, as hereinafter provided.

D. Printing-Mailing. When an argument for or an argument against the adoption of any measure or proposition shall have been prepared as herein provided and submitted within the required time, it shall be printed and submitted to each voter and may be mailed together with the sample ballot for the election concerned. The fact that only an argument for or only an argument against a measure or proposition shall be so prepared and submitted shall not prevent such argument being so submitted to each voter.

E. Failure to Prepare. The failure to appoint persons to draft such arguments, or the failure of such arguments to be prepared or submitted to the voters as contemplated by this section shall not affect the validity of any election held. No election or proceeding or proposition, measure or amendment, otherwise valid, shall be deemed invalid for any failure to conform to the time limits specified in this chapter; provided, that the voters of the city voting thereon have voted in favor of such proposition, measure or amendment.

F. Pamphlet Containing Measures. When a pamphlet is prepared containing proposed charter amendments or other measures or propositions, such proposed charter amendments, measures or propositions and any argument thereon may be combined therein, or may be printed separately.

G. Inapplicability of Section. The provisions of this section shall not apply to initiative and referendum matters referred to a vote of the people pursuant to the laws of the state providing for the initiative and referendum in cities. (Prior code § 6-7)

1.08.070 Council meeting after election.

The council shall meet in regular session on the second Monday of April at eight p.m., to install the newly elected officers. The council shall declare elected the persons having the highest number of votes given for each office. Upon completion of the canvass and before installing the new officers, the council shall pass a resolution reciting the facts of the election and such other matters as required by the Charter. (Ord. 5161 § 1, 1997: prior code § 6-8)

1.08.080 Appointment of election officers and polling places.

A. The city clerk shall appoint the election officers for each precinct for each municipal election, who shall have charge of the election in and for the regular or consolidated precincts for which they are appointed. The precinct officers shall receive such compensation as the council may fix.

B. Not later than twenty days prior to the municipal election, the city clerk shall post conspicuously at a public place at the city hall the list of names of the election officers appointed and the polling places designated for each election precinct. The list shall be headed "Election Officers and Polling Places." (Prior code § 6-9)

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