HomeMy WebLinkAboutORD NO 2376ORDINANCE NO. 2376 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING THE BAKERSFIELD MUNICIPAiL
CODE BY REPEALING CHAPTER 4.16 AND SUBSTITUTING
IN LIEU THEREOF A NEW CHAPTER 4.16, CONCERNING
PROCEDURE FOR GENERAL MUNICIPAL ELECTION.
BE IT ORDAINED by the Council of the City of 'Bakersfield
as follows:
SECTION 1.
That the Bakersfield Municipal Code is hereby amended by
repealing Chapter 4.16 of Title 4, and substituting in lieu thereof
a new Chapter 4.16 to read as follows:
Sections:
4.16. 010
4.16.020
4.16. 030
4 16.040
4 16.050
4 16. 060
4 16.070
4 16.080
4 16. 090
4.16. 100
Chapter 4.16
PROCEDURE FOR GENERAL MUNICIPAL ELECTION
Authority for Procedure
Date of General Municipal Election
Petition For Nomination; Filing Fee; Petition
Lieu of Filing Fee
Examinations of Petitions by City Clerk
Withdrawal of Candidate For Nomination
List of Candidates
City Charter and Elections Code Provisions
Extra Help For Clerk
Informalities in Election
Qualification of Members of Council
in
4.16.010 Authority For Procedure. This chapter is enacted pur-
suant to Section 74 of the City Charter and is supplementary to the
provisions of the City Charter.
4.16.020 Date of General Municipal Election. A General Municipal
Election for the election of members of the Council shall be held on
the first Tuesday after the first Monday in March in each odd-numbered
year. The persons having the highest number of votes given for each
office shall be elected. The members of the Council elected shall
hold office until their successors are elected and qualified.
4.16.030 Petition For Nomination; Filing Fee; Petition in Lieu
of Filing Fee.
(a) A petition for nomination, consisting of not less than
twenty-five nor more than fifty individual certificates for any one
candidate, shall be presented to the City Clerk not earlier than the
108th day nor later than the 78th day before the General Municipal
Election. The Clerk shall endorse thereon the day, hour and minute
when the petition was presented to him.
(b) All candidates for the office of member of the Council
shall pay a filing fee of twenty-five dollars to be paid upon the
first presentation of the petition of nomination.
(c) Notwithstanding the provision of subsection (b), a candidate
may submit, in addition to the required individual certificates, a
separate petition containing four signatures of registered voters
entitled to vote for the candidate for each dollar of the filing fee,
in lieu of the filing fee. At the time of the first presentation of
the petition of nomination, the candidate shall pay any portion of
the fee not credited to the candidate by virtue of the separate
petition he presents. A candidate may submit the appropriate number
of signatures to cover all or any pro rata portion of the filing fee.
(d) The separate petition for which credit may be given under
subsection (c) shall be on a form furnished by the City Clerk and shall
read substantially as follows:
"Petition in Lieu of Filing Fee"
"I, the undersigned, certify that I do hereby join in
a petition in lieu of filing fee, for the nomination of .,
to be voted for at the forthcoming election, for the office
of .; that I believe he is fully qualified for. said
office, and should be elected thereto; and I further
certify that I am a qualified elector, and am not a signer
of any other petition nominating any candidate for the
above-named office.
Signature Printed Name Residence Address Date of Signing"
(e) The City Council reserves the right to waive filing fees
for all candidates.
4.16.040 Examinations of Petitions by City Clerk. When a petition
of nomination is presented for filing to the Clerk, he shall forth-
with examine the same, and ascertain whether it is sufficient under
the provisions of this chapter. Within seven days thereafter he must
examine and determine whether or not it is sufficient and shall attach
to the petition his certificate, showing the result of the examination,
and forthwith send by mail or deliver, a copy of the certificate to
the person seeking a nomination. If the petition is found insuffi-
cient, such certificate of the Clerk shall designate each individual
certificate found to be defective and the defect therein. If the
petition is insufficient, it may be amended or supplemented by the
presentation of an additional nominating petition or petitions con-
taining additional nominating certificates, not later than the 70th
day before the date of the General Municipal Election. The Clerk shall,
within two days after the presentation of such additional nominating
petition, make like examination and determination of the amended
petition, and attach to it a like certificate and mail or deliver a
copy as aforesaid, and if such certificate shows the amended petition
to be insufficient, the petition shall be returned to the person
seeking a nomination who shall not be eligible for the office at
this election.
4.16.050 Withdrawal of Candidate For Nomination. Any person who
has filed his declaration of candidacy, as provided in this chapter,
may, not later than the 70th day before the day of the General Muni-
cipal Election, cause his name to be withdrawn from nomination, by
filing with the Clerk an affidavit stating that he so withdraws, and
no name so withdrawn shall be printed on the ballot.
4.16.060 List of Candidates. Immediately after the petitions
for nomination are filed, the City Clerk shall enter the names of
the candidates in a list, with the offices to be filled, whether for
a full or unexpired term and the names of the candidates for each,
and shall, not later than 68 days before the Municipal General Election,
certify such list as being the list of candidates nominated.
4.16.070 City Charter and Elections Code Provisions. Except as
otherwise provided in this chapter, and the City Charter, elections
shall be held in accordance with the provisions of the Elections Code
of the State of California.
4.16.080 Extra Help For Clerk. If necessary, the Council pro-
vides extra help to enable the Clerk to perform his duties, under
any election provision of the Charter, state statutes and this chapter.
4.16.090 Informalities in Election. No informalities in conduc-
ting elections shall invalidate the same, if they have been conducted
fairly and in substantial conformity to the requirements of this
Charter and the ordinances relating thereto.
4.16.100 Qualification of Members of Council. A person is not
eligible to hold office as member of the City Council unless he is
otherwise qualified, resides in the ward and both resided in the
geographical area making up the ward from which he is elected and
was a registered voter of the City at the time nomination papers are
issued to the candidate as provided for in Section 22842 of the
Elections Code as it may be amended from time to time.
SECTION 2.
This ordinance shall become effective thirty days from and
after the date of its passage.
.......... o0o ..........
I HEREBY CERTIFY that the foregoing ordinance was passed
· 1
and adopted by the Council of the City of Bakersfze d at a regular
meeting thereof held on the 26th day of October, 1977, by the follow-
ing vote:
CITY C~?~ and the
Council of the City of ~akersfield
APPROVED this 26th day ~f October, 1977
~ o'Z~ t~fte Czty of Bakersfield
APPROVED as to form:
CITY ATtO Y o~ ~City of Bakersfield
Affii avit of finsting (Orilinanres
STATE OF CALIFORNIA, ~
County of Kern ~ ss.
H. E. BERGEN, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that oa .........................(~...c...t....o....b.~.~.....2_.~ ................................................................19.~..~.._. he posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on ........... p..c...~..~.~.9..~.....~..~ ..............................., 19....7...~.., which ordinance
was numbered ....... 2~.76 ...........New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING THE BAKERSFIELD MUNICIPAL
CODE BY REPEALING CHAPTER 4.16 AND SUBSTITUTING
IN LIEU THEREOF A NEW CHAPTER 4.16, CONCERNING
PROCEDURE FOR GENERAL MUNICIPAL ELECTION.
Subscribed and sworn to before me this
~7~.. day of 0~ t~).b~.r ............. 19. ~.7..