Chapter 2.50
MUNICIPAL ELECTIONS*

Sections:

2.50.010    Hours polls are to be open.

2.50.020    Authority for polling hours.

2.50.030    Authority for CVMC 2.50.030 through 2.50.130.

2.50.040    Canvass board – Composition – Compensation.

2.50.050    Canvass board – Appointment – Qualifications.

2.50.060    Canvass board – Alternate members appointment.

2.50.070    Canvass board – Meetings – Duties.

2.50.080    Canvass to continue until completed – Certification of results.

2.50.090    Resolution to certify election results required – Contents.

2.50.100    Challenge of election – Permitted generally.

2.50.110    Challenge of election – Form of filing – Affidavit required – Procedure.

2.50.120    Challenge of election – Public hearing when – Determination of decision.

2.50.130    Recount – Payment of costs.

2.50.140    Candidates names to be listed randomly on ballots.

2.50.150    Ballot measures.

*    For City Charter provisions regarding municipal elections generally, see Charter §§ 900 – 904. For other statutory provisions regarding municipal elections, see CA Elections Code.

2.50.010 Hours polls are to be open.

The polls in any municipal election of the city in which only municipal matters are submitted to the voters shall be open for 12 consecutive hours from 7:00 a.m. to 7:00 p.m. (Ord. 875 § 1, 1964).

2.50.020 Authority for polling hours.

CVMC 2.50.010 is adopted pursuant to Section 1002 of the Charter and shall have priority and prevail over any provision of the Election Code of the state of California inconsistent therewith. (Ord. 875 § 2, 1964).

2.50.030 Authority for CVMC 2.50.030 through 2.50.130.

CVMC 2.50.030 through 2.50.130 are adopted pursuant to Section 1002 of the Charter of the city. (Ord. 892, 1964; prior code §  2.80).

2.50.040 Canvass board – Composition – Compensation.

The city council shall appoint a board of five persons, one of whom shall be the city clerk, and which shall be presided over by the city clerk, for the purpose of canvassing the returns of municipal elections. The council may by resolution establish or change compensation for such service. (Ord. 892, 1964; prior code § 2.81).

2.50.050 Canvass board – Appointment – Qualifications.

The city council shall, within 30 days prior to any such municipal election, appoint the said board consisting of the city clerk and four others, all of whom shall be electors in the city. (Ord. 892, 1964; prior code § 2.82).

2.50.060 Canvass board – Alternate members appointment.

The city council at the same time shall appoint two additional persons, electors of the city, who shall serve as alternates on the board in case of the inability of any of the regular appointed members to serve. (Ord. 892, 1964; prior code § 2.83).

2.50.070 Canvass board – Meetings – Duties.

The board so appointed shall be known as the “canvass board” and shall meet in the council chambers at 8:00 a.m. on the Tuesday following any general or special election and shall forthwith cause the returns from the precincts and absentee ballots to be canvassed, and the city clerk shall make a written report to the city council at the meeting thereof on the first Tuesday following any such election. (Ord. 892, 1964; prior code § 2.84).

2.50.080 Canvass to continue until completed – Certification of results.

The canvass shall continue until completed, and at the conclusion of the canvass by the canvass board, the clerk shall certify the results thereof to the city council. (Ord. 892, 1964; prior code § 2.85).

2.50.090 Resolution to certify election results required – Contents.

The city council shall, before installing the new officers, pass a resolution reciting the fact of the election and:

A. The whole number of votes cast in the city;

B. The names of the persons voted for;

C. The measures voted on;

D. For what office each person was voted for;

E. The number of votes given at each precinct to each person and for and against each measure;

F. The number of votes given in the city to each person and for and against each measure. (Ord. 892, 1964; prior code § 2.86).

2.50.100 Challenge of election – Permitted generally.

Any elector of the city may challenge the conduct of the entire election or the results pertaining to any office or proposition voted for, or may demand a recount of the entire ballots cast or those cast for any office or proposition. (Ord. 892, 1964; prior code § 2.87).

2.50.110 Challenge of election – Form of filing – Affidavit required – Procedure.

Such challenge must be filed with the city clerk in writing within 30 days after such election. Such challenge shall be accompanied by sworn statements in form of affidavit setting forth the facts upon which the contestant bases his challenge. The city clerk shall place same on the council agenda at the next regular or adjourned council meeting. (Ord. 892, 1964; prior code § 2.88).

2.50.120 Challenge of election – Public hearing when – Determination of decision.

The city council shall consider such application and accompanying statements and shall hear any other evidence which may be presented. The city council may cause the matter to be set for public hearing at the next regular or adjourned meeting, following a 10-day notice by publication in the official newspaper; may cause an independent investigation of the facts alleged to be made; may forthwith order a recount of ballots or of the precinct returns, or any combination thereof. The public hearing may be continued from time to time. Within 30 days after the contest is filed, or after the conclusion of any hearing, whichever is later, the city council shall determine any such contest and announce such decision in writing and file same with the city clerk. (Ord. 892, 1964; prior code § 2.89).

2.50.130 Recount – Payment of costs.

Should the city council order a recount of the ballots, it may do so on its own motion or at the request of any contestant. Should the city council determine that the recount is made at the request of a contestant, the contestant shall deposit with the finance officer the required fee(s). If the moneys are not so deposited within five days, the contestant shall forfeit his right to a recount. (Ord. 2506 § 1, 1992; Ord. 892, 1964; prior code § 2.90).

2.50.140 Candidates names to be listed randomly on ballots.

The city clerk, the county registrar of voters, or that official responsible for the preparation of ballots for any municipal election in the city shall in the listing of candidates for any office undertake by lot or similar method the arrangement of candidates’ names on the ballot in a random manner. Neither incumbency nor alphabetical order shall henceforth be used to establish the order of listing of candidates’ names on ballots. (Ord. 1562 § 1, 1974).

2.50.150 Ballot measures.

A. Authors of Written Arguments.

1. Measures Placed on the Ballot by Petition.

a. The City Council may authorize one or more of its members to prepare and file an argument against the measure. The member(s) designated shall be deemed the “author(s)” of the argument.

b. The person(s) who filed the initiative petition may file a written argument in favor of the measure. Such person(s) shall be deemed the “author(s)” of the argument.

2. Measures Placed on the Ballot by the City Council.

a. The City Council may authorize one or more of its members to prepare and file an argument in favor of, or against, the measure. The member(s) designated shall be deemed the “author(s)” of the argument.

b. An individual who is eligible to vote on the measure, and/or an organization or association meeting the requirements of Elections Code Section 9287(e), may file a written argument for or against the measure. The individual voter, or, in the case of an organization or association, the principal officer(s) whose name(s) and signature(s) appears on the written argument, shall be the “author(s)” of the argument.

B. Signers of Written Arguments. The author(s) of an argument for or against a ballot measure may allow additional persons to sign the argument. Additional signers of the argument are permitted at the discretion of the author(s), unless otherwise specified in a City Council resolution. The additional signers are not required to meet the qualifications specified in California Elections Code Section 9282. (Ord. 3427 § 1, 2018).