HomeMy WebLinkAboutORD NO 1385 ORI)INANCE NO. 11385 NEW SERIES
AN EMERGENCY ORDINANCE ADDING CHAPTER 4.10 TO
THE MUNICIPAL CODE OF THE CITY OF BAKERSFIELD
PRESCRIBING A PROCEDURE FOR SPECIAL Er. ECTIONS
FOR THE PURPOSE OF F~JT.ING A VACANCY ON THE
COUNCIL OF THE CITY OF BAKERSFIELD.
WHEREAS, the Charter of the City of Bakersfield requires that
where a vacancy exists on the Council and a petition is filed with
said Council praying for a special election~ it shall be mandatory on
the Council to call such special election, and
WHEREAS, it is the desire of the Council to establish a pro-
cedure for the filing of the nora{nation declaration and. certificate
and other necessar~ documents~ resolutions and papers relating to
special elections to fill vacancies in the office of councilman, and
for the conduct of said elections for said office, to carry out the
intent and purposes of the Charter~ .and
WHEREAS~ there exists a vacancy on the Council and a petition
has been filed with the City calling for a special election and there
is no ordinance providing for the procedure to be followed in conducting
said special election~ in order for the imm--diate preservation of the
public health~ peace~ property and providing for the daily operation
of the municipal departments, it is necessary to enact this ordinance
as an emergency measure.
NOW~ THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
4.10.010 Resolution Callin~ Special Election. Within thirty
days of the verification and certification of a petition praying for
a special election as provided in Section 16 of the Charter, the
Council shall adopt a resolution calling the special election and
setting the date on which the special election will be held.
4.10.020 Time of Holding Special Election. Whenever it becomes
mandatory upon the Council by the Charter to call a special election
to fill a vacancy in the office of councilman the Council shall by
resolution call such election to be held not earlier than ninety (90)
days nor later than one hundred twenty (120) days from the time said
resolution calling the special election is adopted except as otherwise
provided in this ordinance.
4.10.030 Vacancy Within One Year of General Election. Whenever
a vacancy occurs on the Council within one year of the general election
for councilman in the ward where the vacancy occurs and it becomes
mandatory for the Council to call a special election, such election
shall be held on the same date as the general election, and the Council
by majority vote may fill the vacancy by appointment during the interim
period that exists between the time the Council by resolution calls
the election and the date on which the election is held.
4.10.040 Time and Form of Declaration of Candidacy. The time
and form of declaration of candidacy for the office of councilman
shall be substantially as set forth in Section 68 of the Charter of
the City of Bakersfield.
4.10.050 Form of Nominating Petition. The form of the
nominating petition shall be as set forth in Section 69 of the Charter
provided, however, said petition shall refer to the special election.
4.10.060 Number of Certificates and Requir~-~nts. The petition
for nomination shall consist of not less than twenty-five (25) nor
more than fifty (50) individual certificates and said certificates
shall meet the following requirements: Each certificate must be a
separate paper. Ail certificates must be of a uniform size, as de-
ternu[ned by the Clerk. Each certificate must contain the u;m- of one
si~ner thereto and the name of but one candidate. Each si~ner must
be an elector, entitled to vote for the candidate named, and must not,
2.
at the time of signing a certificate, have si~ned any other certificate
for the s;m- office. Tn case an elector has si~ned two or more con-
flitting certificates, all except the one first presented shall be
rejected. Each si~ner must si~n his n;me in the presence of the veri-
fication deputy, who must take oath before some officer authorized to
adm~nister and certify oaths, that the signatures thereto and each
thereof, were made in his presence, and are genuine.
4.10.070 Clerk to Furnish Certificates. It shall be the duty
of the Clerk to furnish, upon application, a reasonable number of
forms of individual certificates.
4.10.080 Time For Presentin~ Petition For Nc,,~--_tio~. A
petition for noncLnation consisting of not less than twenty-five (25)
nor more than fifty (50) individual certificates m,y be presented to
the Clerk not earlier than ninety (90) days, nor later than sixty
days before the date set for the special election. The Clerk shall
endorse thereon the day, hour and m~nute when the petition was presented
to him.
4.10.090 Exam~nation of Petitions by Cit]~ Clerk. The
nation of petitions of nomination and the correction of said petitions
shall be governed by the prov~sions of Section 73 of the Charter.
When a petition of nomination is presented for filing to the Clerk, he
shall forthwith examine the same and ascertain whether it is sufficient
under the prov~sions of the Charter. Within seven days thereafter he
must examine and determine whether or not it is sufficient and shall
attach to said petition his certificate, showing the result of said
examination, and forthwith send by registered mail, or deliver a copy
of said certificate to the person seeking a nomination. If the
petition be found insufficient, such certificate of the Clerk shall
designate each individual certificate found to be defective and the
defect therein. If the petition be insufficient, it may be amended
or supplemented by the presentation of an additional nor~nating
petition or petitions containing additional nominating certificates,
not later than forty-five days before the date of the special election.
The Clerk shall, within five days after the presenta-tion of such
additional nominating petition, make like examination and determination
of the amended petition, and attach to it a like certificate and mail
a copy as aforesaid, and if his certificate shall show the amended
petition to be insufficient, the petition shall be returned to the
person seeking a nomination named as the person to whom the petition
is to be returned.
4.10.00 List of Candidates. The City Clerk shall not later
t/~an forty (40) days before the date set for the special election~
enter the names of the candidates in a list and shall certify such
list as being the list of candidates nominated~ and the Council shall
cause said certified list to be filed and published in the proclamation
callin§ the election for three (3) successive days, co.,..,~ncing seven
(7) days .before the day of election.
4.10.110 N~mes on Ballot and Order. Whenever anyone has
qualified as a candidate for a special election his name shall be
printed upon the ballot for the primary election unless he has died and
that fact has been ascertained by the officer charged with the duty
of printing the ballot at least forty (40) days before the day of
election. The names of the candidates for the office of councilman
shall be arranged on the ballot in alphabetical order by surnames, as
prescribed in Section 80 of the Charter..
4.10.120 Election Procl~m-tion. The election proclamation
shall be substantially in ~he following form:
NOTICE OF ELECTION
Notice is hereby given that a special municipal election for
the purpose of electing a councilman for the City of Bakersfield to
fill a vacancy on the City Council from the ward in the City
of Bakersfield will be held on the day of , and said
day shall be, and is hereby proclaimed to be election day in the
ward within the City of Bakersfield.
The list of candidates for the office of councilman from the
ward to appear on the ballot, is as follows:
Such election shall be held and conducted in accordance with
the charter and ordinances of the City of Bakersfield and the laws of
the State of California applicable thereto.
Such election shall be held and conducted within the City of
Bakersfield. The election precincts, polling places, and voting booths
shall all be in the ward in the City of Bakersfield as pro-
vided for by order of the City Council of the City of Bakersfield.
The polls will be open between the hours of 7:00 o'clock A.M.
and 7:00 o'clock P.M.
4.10.130 Applicable Provisions of State Law --d City Charter.
The provisions of state law relating to the qualification of voters,
the m-uner of voting, the duties of election officers, the canvassing
~f returns and other particulars pertaining to the management of
elections, in so far as they may be applicable and not inconsistent
with the City Charter and this ord/nance shall govern the election of
councilman in a special election to fill a vacancy.
4.10.140 Successful Candidate. The candidate receiving ~he
highest number of votes in the election shall fill the unexpired term
of councilman for which the special election was held, provided ~hat
where t~wo or more persons receive an equal and the highest number of
votes for the office of councilman in the special election the Council
shall determine the tie by lot.
4..10.150 Elected Councilman. The councilman who has been
elected to office pursuant to this ordinance shall after being sworn
in, take office on the first regular council meeting following the
date of the special election.
...... o0o
I HEREBY CERTIFY that the foregoing Emergency Ordinance was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on the 16th day of October, 1961, by the
fo llow~ng vote:
AYES~ BALFANZ, ~ CROES, DOC)LIN, MARCHBANKS, MOSSMAN, STIERN
NOES, .~?,~,,'~,,..~__~"
AB~ENL ~"~?~l~,~lle~' ~ ,
ABSTAINING~ _~"/,~,.j,,~.~ ~' __
CI'~'~}CLEid( and E~-Off[c~-Clerk of the
Council of the City of Bakersfield.
Affi av ! of Iosfing
STATE OF CALIFORNIA, /
County of Kern~ ss.
MARIAN S. IRVIN, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that
on ................. ...O~...~.o_..b...e..r.....~...7..~ .............................................. , 19---r-6--~- she posted on the Bulletin Board at
the City Hall, a full, true and correct copy of an ordinance passed by the Counci~ of said City at a
meeting thereof duly held on .............. ...o~....t...o.b...e._r._]:..6., ........................... /. ...... ,19..6...1..., which ordinance
was numbered .............. .1...3..8...5. ............ New Series, and entitled:
AN I~ERGENCY OP, DINANCE ADDING CHAPTER 4.10
TO THE MUNICIPAL CODE OF THE CITY OF BAKERS-
FIm.D PRESCRIBING A PROCEDURE FOR SPECIAL -
ELECTIONS FOR THE PURPOSE OF FILLING A VACANCY
ON THE COUNCIL OF THE CITY OF BAKERSFIELD.
Subscribed and sworn to before me this
17thda_ of October ,~ 61
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