Chapter 2.55
ELECTIONS
Sections:
2.55.020 Filing fee for candidates.
2.55.030 Two-year term for city council in 1996 election.
2.55.040 Limitations on terms for council members and mayor.
2.55.050 Consolidation of municipal elections.
2.55.060 Election of mayor and council members.
2.55.010 Generally.
This chapter is enacted to designate any requirements or prerequisites necessary for an individual to participate in the process of running as a candidate for an elected office of the city. The city council may instruct the city clerk by council resolution to contract with the county for partial election services. (Ord. 87-07 §1(part), 1987).
2.55.020 Filing fee for candidates.
Any individual wishing to be considered as a candidate for an elected office of the city must pay a filing fee of twenty-five dollars unless otherwise exempt under state or federal law and complete necessary forms in the city clerk’s office. (Ord. 87-07 §1(part), 1987).
2.55.030 Two-year term for city council in 1996 election.
A. In the 1996 municipal election only, the city council office which receives the least votes of those elected, other than the office of the mayor, shall serve a two-year term. In the event of a tie for such position, the holder of the two-year term shall be decided by lot.
B. The ordinance codified in this section shall be effective on a one-time basis only at the general municipal election held in 1996. After the conclusion of the election and the expiration of time for any challenges or requests for recounts of the ballots, this section shall be repealed, and have no further force or effect. (Ord. 92-15 §1, 1992).
2.55.040 Limitation on terms for council members and mayor.
A. A person is not eligible to serve more than two consecutive terms on the city council. A person is not eligible to serve more than two consecutive terms as mayor. The limitation of this section shall not prohibit a person from serving two consecutive terms on the city council and then serving for not more than two consecutive terms as mayor. "Consecutive" as used herein shall mean terms following one another without interruption of at least two years. "Term" as used herein shall not include an office held for less than half the duration of a term as specified by ordinance or statute.
B. The foregoing term limitations apply only to terms to which persons are elected or appointed on or after June 4, 1996. Current or previous terms of council members or mayors shall not be counted in applying the limitations of this section.
C. If any part of this section or the application of it to any person or circumstance is held to be invalid, the invalidity shall not affect other provisions or applications which reasonably can be given effect without the invalid provision or application. (Ord. 96-01 §2, 1996).
2.55.050 Consolidation of municipal elections.
A. The municipal election following the effective date of the ordinance codified in this section, and each municipal election thereafter, shall be conducted on the day of the statewide general election.
B. Those city officers whose terms of office would have, prior to the adoption of said ordinance, expired on the Tuesday succeeding the second Tuesday in April of an even-numbered year shall, instead, continue in their offices until not later than the fourth Tuesday after the day of the general municipal election, and until their successors are elected and qualified. Notwithstanding the foregoing, no term of office shall be increased or decreased by more than twelve months. (Ord. 97-05 §3, 1997).
2.55.060 Election of mayor and council members.
A. Findings.
1. The city of Kerman ("city") currently elects the members of the city council using an at-large system of elections; and
2. Pursuant to Government Code Section 34886, the city council has the authority to adopt an ordinance changing the system of elections in the city from an at-large elections system to a by-district elections system; and
3. The city council of the city now desires to adopt an ordinance changing the system of elections in the city from an at-large system of elections to a by-district elections system; and
4. The change in method for electing members of the city council is made in furtherance of the purposes of the California Voting Rights Act of 2001 (Elections Code Section 14025, et seq.); and
5. Pursuant to the requirements of Elections Code Section 10010, the city council held public hearings on January 10, 2018, and January 17, 2018, in order to receive testimony regarding the potential composition of city council districts; and
6. Pursuant to the requirements of Elections Code Section 10010, the city council held public hearings regarding proposed draft maps and election scenarios on February 7, 15, and 21, 2018, received comments from members of the public and deliberated on the maps and sequencing of elections; and
7. The city council selected one of the proposed district maps to establish the city council electoral districts in the city, which is attached to the ordinance codified in this section as Exhibit "A" and incorporated herein by reference; and
8. The city council now desires to adopt the ordinance codified in this section to establish by-district elections in four single-member districts in the city, and to adopt the map describing the boundaries and identifying number of the four city council districts in the city.
B. Declaration of Purpose. The city council hereby declares the purpose of this chapter is to further the purposes of the California Voting Rights Act of 2001 (Elections Code Section 14025, et seq.), as amended.
C. At-Large Election of Mayor.
1. As authorized by the city voters on April 14, 1992, the position of mayor is elected at large by a vote of all electors residing within the city and the term of the mayor shall be for a period of two years.
2. Pursuant to Government Code Section 34882, the mayor elected to represent the city must reside in the city and be a registered voter in the city, and any candidate for mayor must reside in, and be a registered voter in, the city in which he or she seeks election at the time nomination papers are issued, pursuant to Elections Code Section 10227.
D. By-District Elections for City Council.
1. Pursuant to Government Code Section 34886, members of the city council shall be elected by-district in four single-member districts. Members of the city council shall be elected by-district, as that term is defined in Government Code Section 34871(a), as amended, meaning one member of the city council shall be elected from each district by the voters of that district alone. Each member of the city council shall serve a four-year term until his or her successor is qualified.
2. Pursuant to Government Code Section 34882, the city council member elected to represent a district must reside in that district and be a registered voter in that district, and any candidate for city council must reside in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued, pursuant to Elections Code Section 10227.
E. City Council Districts Established.
1. The district boundaries for the four city council districts shall be as depicted on the "City Council District Boundaries Map" in Exhibit "A" of Ordinance No. 22-02 and on file in the city clerk’s office which is hereby adopted and incorporated herein by this reference.
2. The city council district boundaries established under this section shall continue in effect until they are amended or repealed by ordinance in accordance with law. The boundaries of the city council districts shall be reapportioned from time to time as required by the California Elections Code, federal and state voting rights laws, or any other applicable law.
F. Implementation of By-District Elections.
1. The by-district system of elections shall be implemented, beginning at the general municipal election held in November 2018, as follows:
a. Members of the city council shall be elected in Districts 1 and 3 beginning at the general municipal election in November 2018, and every four years thereafter; and
b. Members of the city council shall be elected in Districts 2 and 4 beginning at the general municipal election in November 2020, and every four years thereafter.
2. The term of any member of the city council that commenced prior to the effective date of this section shall not be affected by the adoption of this section.
G. Notwithstanding any other provision of this section and pursuant to California Elections Code Sections 21606(a) and (b), each of the members of the city council currently in office at the time the ordinance codified in this section takes effect shall continue in office until the expiration of the full term to which he or she was regularly elected or appointed. Any vacancy in or recall election for a council term currently in effect shall be filled based on the council districts in effect at the time the current council term was last regularly elected. (Ord. 22-02 §§3, 4, 2022; Ord. 18-06 §1, 2018).