Message to Candidates ........................................................................................... 1 City Council Wards ................................................................................................ 2 City of San Bernardino Officials ............................................................................ 3 Frequently Asked Questions .................................................................................. . 5 Fast Facts ................................................................................................................ 7 Important Phone Numbers ...................................................................................... 9 Dates to Remember ................................................................................................ 10 Residency Policy .................................................................................................... 1 5 Candidate Checklist .......... ................................................. . .................................... 23 Name to Appear On Ballot ..................................................................................... 2 4 Ballot Designation Provisions ................................................................................ 2 5 Candidate Statement Guidelines ............................................................................ 28 Word Counting Guidelines .................................................................................... 3 4 Political Signage .................................................................................................... 3 5 Campaign Disclosure ............................................................................................. 38 Financial Campaign Disclosure ............................................................................. 39 Review of Reporting Requirements ....................................................................... 40 Statement of Economic Interest ............................................................................. 4 1 Things to Remember about Disclosure .................................................................. 42 Additional Reference Material ............................................................................... 4 4 City of San Bernardino Ordinances ....................................................................... 4 6 San Bernardino County Filing Guide .................................................................... 5 4 Filing Schedule for Candidates & their controlled committees ............................ 9 6 After the Election .................................................................................................. 98 FPPC Local Candidate Campaign Disclosure Guide Manual 2 ........................... 10 0 Candidat e Nomination Process . ......................................... . .................................... 2 2
MESSAGE TO CANDIDATES
Dear Candidate: Thank you for your interest in the City of San Bernardino and running for a seat on the San Bernardino City Council. Running for public office is a challenging and exciting experience that carries with it certain legal responsibilities and obligations. This Candidate Information Guide provides you with an overview of the major provisions related to the election process and the issuance of nomination documents for the March 5, 2024, Primary Municipal Election as outlined in local and state law. The Candidate Information Guide contains critical deadlines, rules and guidelines for campaigning, campaign finance disclosure filing requirements and a number of City and State conditions. It should be noted that the March 5, 2024, Primary Municipal Election will be a consolidated election with the San Bernardino County Registrar of Voters which means that election responsibilities will be shared. Running for office can be a confusing and difficult process as laws frequently change. Forms, schedules and instructional materials are enclosed for you to use in meeting such requirements and I encourage your careful review of this information. For additional regulations, you may wish to review the California Elections Code, the California Government Code and the California Secretary of State website. The City Clerk’s Department also recommends that any prospective candidate obtain legal advice to assist in complying with applicable California laws. Please plan on setting aside approximately 30 minutes when scheduling an appointment with the City Clerk’s Department to return your nomination documents. Appointment to submit nomination documents are required. The City Clerk’s Department is committed to providing the best possible service to you, your campaign staff, and the voters of the City of San Bernardino. The official election hours for the San Bernardino City Clerk’s Department are Monday through Friday 9:00 a.m. to 4:00 p.m., excluding holidays. Please do not hesitate to contact my office at 909-384-5002 with any questions or to schedule an appointment to return your nomination documents. Sincerely,
Genoveva Rocha, CMC City Clerk
Disclaimers: The Candidate Information Guide is for general guidance only and is distributed with the understanding that the City Clerk’s Department is not rendering legal advice. It has been prepared to assist candidates in filing documents relating to the City’s election. It includes a calendar of events and summary of provisions and filing requirements. Candidates bear full responsibility to make their own determination as to all legal standards and duties.
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CITY OF SAN BERNARDINO OFFICIALS
Mayor and City Council Helen Tran
Mayor
tran_he@sbcity.org sanchez_th@sbcity.org ibarra_sa@sbcity.org figueroa_ju@sbcity.org shorett_fr@sbcity.org reynoso_be@sbcity.org calvin_ki@sbcity.org alexander_da@sbcity.org
Theodore Sanchez
Council Member, Ward 1 Council Member, Ward 2 Council Member, Ward 3
Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kim Calvin
Council Member, Ward 4 (Mayor- Pro-Tem)
Council Member, Ward 5 Council Member, Ward 6 Council Member Ward 7
Damon L. Alexander
City Manager and Assistant City Manager Charles A. Montoya, City Manager
montoya_ch@sbcity.org
Edelia Eveland, Assistant City Manager
eveland_ed@sbcity.org
City Attorney and Assistant City Attorney Sonia Carvalho, City Attorney Best Best and Krieger
sonia.carvalho@bbklaw.com
Thomas A, Rice, Assistant City Attorney
thomas.rice@bbklaw.com
City Clerk and Deputy City Clerks Genoveva Rocha, City Clerk
rocha_ge@sbcity.org
Telicia Lopez, Chief Deputy City Clerk
lopez_te@sbcity.org
Perla Lopez, Deputy City Clerk
lopez_pe@sbcity.org
Courtney Bowen, Deputy City Clerk
bowen_co@sbcity.org
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CITY OF SAN BERNARDINO OFFICIALS
Executive Team
Animal Services
Kristine Watson, Director Mary Lanier, Interim Director Barbara Whitehorn, Director Suzie Soren, Director Rolland Kornblau, Director Lydie Gutfeld, Director
watson_kr@sbcity.org lanier_ma@sbcity.org whitehorn_ba@sbcity.org soren_su@sbcity.org kornblau_ro@sbcity.org gutfeld_ly@sbcity.org
Community, Housing & Economic Development Human Resources & Risk Management Information Technology Finance Parks, Recreation & Community Services Police Department Library and Water Department Library Public Works
Darren Goodman, Police Chief goodman_da@sbcity.org
Vacant
Ed Erjavek, Director Miguel Guerrero, General Manager
erjavek.ed@sbpl.org
Water
miguel.guerrero@sbmwd.org
San Bernardino County Fire Department Daniel R. Munsey
Fire Chief/Fire Warden Assistant Chief, Division 2
Martin Serna
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FREQUENTLY ASKED QUESTIONS
Q. A.
How many Council seats will be open for this election?
Four Council seats representing Ward 3,5,6, and 7 will be voted on for the 2024 election.
Q.
What are the eligibility requirements for running for a City Council seat?
A. Only registered voters of the City shall be eligible to hold the office of Council member or Mayor. Those elected shall have been qualified electors and residents of their respective wards for a period of at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office. If an elected official moves from their place of residence outside of their respective District or City limits or ceases to be an elector of the City during their term of office, the office of that elected official shall immediately become vacant. (California Government Code [“G.C.”] §36502.) Q. What are some City Council responsibilities? A. Some include participating in State and local committees, Community meetings, Council meetings, and attending various community events as a representative of the City of San Bernardino. Q. Is there a filing fee involved in my candidacy? A. Yes! There is a $25 filing fee for a candidate for municipal office in San Bernardino. A deposit will also be required to cover the cost of printing and the required translation of the Candidate Statement if you choose to file one. Q. Who can sign my nomination paper? A. Any registered voter in the jurisdiction of the incorporated City of San Bernardino residing within the Candidate Specific Council District may sign a nomination paper. This includes the candidate and/or the circulator. No voter may sign more than one nomination paper for the same office. Each seat on the City Council is a separate office. Your nomination paper must contain at least 20 and no more than 30 signatures; a minimum of 20 must be verified for your nomination to be valid. Q. When does a candidate’s nomination become public? A. A candidate’s name becomes public information from the time a candidate submits his/her nomination paper or files a Candidate Intention Statement (Form 501). The nomination paper, however, is not immediately available for the public view. Q. What happens if some of the signatures I obtain on my nomination paper are disqualified? A. These signatures will not be counted toward the 20 signatures required for you to run for office. You must have 20 valid signatures to qualify as a candidate. The petition has 30 lines for signatures, so it is advisable to get all thirty lines with qualified signatures. You may also want to file your nomination paper as early as possible so that the signatures can be validated. If you file early, you may still have an opportunity to receive and circulate a Supplemental Nomination Paper to obtain additional signatures in order to qualify you as a candidate. Q. What if I change my mind about running for office after filing nomination paper? A. You may withdraw as a candidate at any time PRIOR to the close of the nomination period, Friday, December 8, 2023. You are NOT permitted to officially withdraw after that date, and your name will appear on the ballot. Q. May I change or correct the spelling/wording on my Candidate Statement after it has been submitted? A. No, you may not. Check your Candidate’s Statement carefully before it is submitted. It will be printed exactly as submitted. It can be withdrawn until 5:00 p.m. of the next working day following the close of the filing period, assuming all nomination paper signatures have been verified. Q. Does it cost anything to open a committee and file a Statement of Organization (Form 410)? A. Yes, effective January 1, 2013 (pursuant to SB 1001 (Yee)) all committees required to file the Form 410 must pay a $50“annual” fee to the Secretary of State, the fee must be paid within 15 days of filing the Form 410. The annual fee must be paid no later than January 15 of each year until the committee terminates. If you have questions, please call the Secretary of State’s Office at (916) 653-6224. Q. May I circulate Vote-By-Mail ballot applications? A. Yes, an individual, group or organization may distribute applications for Vote-By-Mail ballots. However, applications must use the uniform format approved by the Secretary of State. See the Secretary of State guidelines for distributing Vote-By-Mail Application. Q. When officeholders or candidates receive contributions of $2,000 or more, are they required to have a committee? A. Yes, an officeholder or candidate who receives contributions (including loans) that total $2,000 or more in a calendar year must file a Statement of Organization, Form 410.
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FREQUENTLY ASKED QUESTIONS
Q. If I am only spending my own money on my campaign, do I still need to file campaign statements? A. Yes, you are still subject to the filing requirements of the Political Reform Act. If you plan to use personal funds to pay for campaign expenses, you should first deposit those funds into a campaign bank account opened for the purpose of your campaign. PLEASE NOTE : The only exception to this is that a candidate MAY use personal funds to pay the cost of their candidate’s statement without first depositing those funds into a campaign bank account. Q. Must a committee wait until $2,000 is received to file a statement of organization? A. No, a committee may file a Statement of Organization before it is actually qualified. “Not Yet Qualified” should be entered in the “Date Qualified” space on the form. Q. Where can I obtain filing forms? A. Campaign disclosure forms are available from the Fair Political Practices Commission (FPPC) website at http://www.fppc.ca.gov/; click on “View All Forms”; then click on the appropriate Form and/or Manual. Q. May I serve as my own campaign treasurer? A. Yes, State law allows you to serve as your own treasurer, as long as this is designated on the Form 410 - Statement of Organization. Q. What happens if a candidate or treasurer is not available to sign a campaign disclosure statement on or before the filing deadline? A. An agent of the candidate or treasurer may sign the campaign disclosure statement. The agent must attach an explanatory note to the statement stating that as soon as the candidate or treasurer is available, he/she will verify and sign the statement and an amendment with the proper signature will be filed. In the event a committee treasurer will be unavailable to carry out his/her duties for an extended period of time, a new treasurer should be designated and the committee’s Statement of Organization, Form 410, amended. Q. Are extensions given for campaign disclosure filing deadlines? A. Except for deadlines that fall on a Saturday, Sunday or official state holidays, no provisions exist for extensions of filing deadlines. A statement not filed on or before the deadline is considered late and is subject to late-filing penalties. Q. Why is there so much paperwork involved in being a candidate? A. State law requires that you file the appropriate materials to assure the voters that you are fully disclosing all information pertinent to your candidacy. The purpose of the requirement is to ensure a fair and democratic electoral process. Q. When will sample ballots be mailed to voters? A. State law requires sample ballots be mailed to all qualified voters between 40 and 10 days before the election. Sample ballots will be mailed by the San Bernardino County Election Division. Q. How can I find out the election results? A. All semi-final results will be released form the San Bernardino County Registrar of Voter’s Office 777 East Rialto Ave, San Bernardino, CA 92415 Semi-final election results will be continuously updated and displayed on the County’s website, https://sbcountyelections.com/ throughout Election Night and during the Official Canvass process. Bulletins are updated and results released approximately every 30 minutes until the last Semi-Official Results are tallied on Election Night. The County has (28) Days following the date of the election to complete the canvass. Q. When will newly elected Council members take office? A. The Mayor and City Council members elected in each election shall be sworn in and begin their term of service upon certification of the general election results and shall serve until their successors qualify.
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F AST FA CTS
OUR CITY The City of San Bernardino is a community rich in history and cultural diversity. Influences of Native Americans, Mexican settlers, Spanish missionaries and Mormon emigrants can still be seen throughout the City today. From the day in 1810 when Franciscan missionary Father Dumetz named the area San Bernardino to the present, San Bernardino - nestled south of the San Bernardino Mountains and west of the lower desert - has been recognized for its scenic beauty and strategic location. Today, the City of San Bernardino serves as the county seat and is the largest city in the County of San Bernardino with a population of over 222,000. GOVERNMENT Founded in 1810, and officially incorporated in 1886, San Bernardino is a “Charter” city. Charter cities operate under City Charter. San Bernardino is a full-service City, offering its own police, public works, water, planning, economic development, library, parks and community services programs. MAYOR AND CITY COUNCIL In the 2016 general election, City of San Bernardino voters approved a new city charter providing for a Council- Manager form of government. Under this governance plan, which is common to most California cities, the elected Mayor and City Council appoints a full-time professional City Manager responsible for the day-to-day administration of city government. The Mayor and City Council (the legislative branch) are responsible for setting City policy and allocating resources. The City Manager and staff (the executive branch) are tasked with recommending policy and implementing the Mayor and Council's direction. Each City department, office and agency is administered by an executive appointed by and subject to the direction and supervision of the City Manager, except the City Attorney, City Clerk, the Library Board of Trustees, and the Water Board, which are administered by their respective executive officers. San Bernardino City Council Wards are made up of 7 wards with the Mayor being selected “At-Large.” Voters in each ward will elect one City Council representative who also lives in that ward. As elected representatives of its citizens, the City Council develops and establishes ordinances, provides direction to staff and sets policies in the best interest of the City. The City Council is the legislative body and is similar to a board of directors in a private corporation, appointing a City Manager to conduct the City’s date-to-day affairs. Appointment of the Mayor Pro Tem The Mayor Pro Tem is appointed by the City Council and acts in place of Mayor during his/her absence. Compensation Each City Council member shall receive the following compensation: A. Annual salary of $37,500; B. Employer health benefits contribution equivalent to that offered by the City to management employees; C. An auto allowance of $725 per month D. An annual cost of living adjustment equivalent to that offered by the City to management employees.
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FAST FACTS
The compensation set forth herein shall be paid without regard to the number of City Council meetings attended by the applicable City Council member. Any City Council member may waive all or any portion of her or his own compensation. The compensation set forth herein is exclusive of any amounts payable to a City Council member as per day compensation for City business-related travel and further exclusive of any amounts payable to a City Council member for out of town attendance on City-related business Commencing with the certification of the November 2022 election, the Mayor shall receive the following compensation: A. Annual salary of $50,000; B. Employer health benefits contribution equivalent to that offered by the City to management employees; and C. An auto allowance of $725 per month. The compensation set forth herein shall be paid without regard to the number of City Council meetings attended by the Mayor. The Mayor may waive all or any portion of her or his own compensation. The compensation set forth herein is exclusive of any amounts payable to the Mayor as per day compensation for City business-related travel and further exclusive of any amounts payable to the Mayor for out of town attendance on City-related Regular City Council meetings are held on the first and third Wednesday of the month at the Bing Wong Auditorium with Closed Session commencing at 5:30 p.m., when scheduled, and the Open Session commencing at 7:00 p.m. Agenda Packets Agendas and all supporting documentation for Mayor and City Council meetings as well as the various City boards, commissions and committees are fully accessible on the City’s website at https://sanbernardino.primegov.com/public/committees . The agenda and packet can be reviewed and printed at your leisure. City of San Bernardino Budget The City Council adopted the Budget for Fiscal Year 2023-2024, a copy of which is available at https://www.sbcity.org/cms/one.aspx?objectId=18178950 ; from the home page click on government, administrative services, select Finance and click on Budget Books. San Bernardino Municipal Code The Municipal Code can be accessed online at https://www.sbcity.org/home, Departments - City Clerk, left navigation menu under “Municipal Code” or by clicking on following link: https://www.sbcity.org/city_hall/city_clerk/municipal_code. business. Meetings
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IMPORTANT PHONE NUMBERS
FAIR POLITICAL PRACTICES COMMISSION 1102 Q Street, Suite 3000 Sacramento, CA 95811 Phone: (866) 275-3772 (toll free) Fax (916) 332-5660 Website: www.fppc.ca.gov Campaign Disclosure State Contributions Limits Conflict of Interest Disclosure
ATTORNEY GENERAL Phone: (800) 952-5225
Brown Act Requirements SAN BERNARDINO CITY CLERK 201 North E Street, Suite A San Bernardino, CA 92401 Phone: 909-384-5002 Email: sbcityclerk@sbcity.org Website: www.sbcity.org Resolutions and Publication of Legal Notices Candidate Information Packet Issuance, Acceptance and Verification of Nomination Documents Candidate Qualifications and Verification Campaign Finance Disclosure City Election Information Certification of Election SAN BERNARDINO COUNTY REGISTRAR OF VOTERS 777 East Rialto Ave San Bernardino, CA 92415 Phone: 909-387-8300 Website: https://sbcountyelections.com/ Vote-By-Mail Applications Precincts and Voting Center Workers Ballots, Sample Ballot Booklet and Multilingual Ballot Materials Index of Registered Voters Voting Center Maps Translations Election Tally, Returns and Semi-Official Results For Reports, Materials, and Maps: https://sbcountyelections.com/about-us/
Lobbying Disclosure Conflict of Interests Disqualification
Proper Use of Campaign Funds Fill out Forms Electronically
SECRETARY OF STATE Political Reform Division 1500 11 th Street, Room 495 Sacramento, CA 95814 Phone: (916) 653-6224
Committee Identification Numbers Termination of Committees https://www.fppc.ca.gov/
Elections Division 1500 11 th Street, 5 th Floor Sacramento, CA 95814 Phone: (916) 657-2166
Questions related to the Elections Code
STATE FRANCHISE TAX BOARD Phone: (800) 852-5711 Committee Tax Status
Tax-Deductible Contributions Charitable Non-Profit Groups Any Other tax-related questions
INTERNAL REVENUE SERVICE Phone: (800) 829-1040
Federal Taxpayer ID Numbers Any other tax-related questions
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DATES TO REMEMBER
The contents of this calendar and any legal interpretations contained herein are not to be relied upon as being correct either factually or as legal opinion. Note: Whenever a date prescribed by law falls on a weekend or holiday, such act may be performed on the next business day. Dates have been adjusted. (Cal. Elec. Code §15; Government Code §§6700, 6701, 6706, 6707) **Note: Date falls on a weekend or state holiday; it does not move forward to the next business day. (Cal. Elec. Code. §1301, §9200 et seq., §10002, §10100 et seq.)
RESPONSIBLE PARTY City Council/ City Clerk
DATE
DESCRIPTION
Adopt Resolution Calling Election (Cal. Elec. Code §330, §10002)
Oct 27 (E-130)
Suggested date to adopt resolution calling an election to be consolidated with a statewide election and identifying the city offices up for election.
Notice of Election Publication Period (Cal. Elec. Code §12101; Government Code §6060, §6061)
Oct 30 to Nov 13 (E-127 to E-113)
City Clerk
Publish Notice of Election one time between these dates. If there is no newspaper of general circulation published and circulated in the city, the notice shall be typewritten and copies shall be posted conspicuously within the time prescribed in at least three public places in the city. Deadline to Adopt Regulations Regarding Candidate Statements (Cal. Elec. Code §13307(f)) Deadline for jurisdictions to adopt or amend regulations regarding charges for printing candidate statements. Candidate Filing Period (Cal. Elec. Code §8020(b) §10220, §13311; Government Code §87200 et seq.) Candidates may request and file candidate filing documents in order to run for office. Candidate statements are confidential until the end of the filing period. Candidates must file a Statement of Economic Interest. Candidacy Withdrawal Period (Cal. Elec. Code §10224) A candidate may withdraw his or her nomination papers until the close of the nomination period.
Nov 6 (E-120)
City Council/ City Clerk
Nov 13 to Dec 8 (E-113 to E-88)
Candidates/ City Clerk
Nov 13 to Dec 8 (E-113 to E-88)
Candidates/ City Clerk
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RESPONSIBLE PARTY
DATE
DESCRIPTION
Deadline to Submit Ordinance/Measure (Cal. Elec. Code §1405, §9222)
Dec 8 (E- 88)
City Clerk
Last day for all documents associated with an ordinance or measure to be submitted to ROV if a measure is to be included on the ballot.
Candidate Filing Extension Period (Cal. Elec. Code §10225)
**Dec 9 to Dec
Candidates/ City Clerk
13 (E-87 to E- 83)
If an eligible incumbent fails to file candidate filing documents by December 8, 2023, there will be a 5-calendar-day extension during which any candidate, other than the incumbent, may file. Note: There is no eligible incumbent in the first election for a newly created City Council office by district/division/ward.
Start of Appointment to Office Period (Cal. Elec. Code §10229)
If on this date no one or only one person has been nominated, the officer conducting the election shall inform the governing body that it may, at a regular meeting or special meeting held before the election, adopt one of the following: 1. Appoint the person who was nominated. 2. If no one has been nominated, appoint any eligible elector. 3. Hold the election. The provisions of this section 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. If by the 75 th day before the municipal election, no person has been appointed to office pursuant to Cal. Elec. Code §10229, the election will be held. Notwithstanding Chapter 1 (commencing with Section §8600) of Part 3 of Division 8 or any other provision of the law to the contrary, if the governing body of the city makes an appointment pursuant to Cal. Elec. Code §10229, the City Clerk shall not accept for filing any statement of write-in candidacy, which is submitted after appointment.
**Dec 9 or Dec 14 to Dec 21 (E-87 or E-82 to E-75)
City Clerk
Candidate Statement Public Examination Period (Cal. Elec. Code §13313)
**Dec 9 to Dec 18 (E-87 to E- 78)
City Clerk
Candidate statements are available for public examination. During this period, any voter of the jurisdiction in which the election is being held, or the elections official, himself or herself, may seek a writ of mandate or an injunction requiring the material in the statements to be amended or deleted.
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RESPONSIBLE PARTY
DATE
DESCRIPTION
Deadline to Withdraw Candidate Statements (Cal. Elec. Code §13307(a)(3))
Candidates/ City Clerk
Dec 11 (E-85)
Last day to withdraw candidate statements, unless there is an extension of the nomination period. Withdrawal of candidate statements must be in writing to the City Clerk.
Deadline to Withdraw Measure (Cal. Elec. Code §9605)
City Council
Dec 13 (E-83)
Whenever a legislative body has ordered that a measure be submitted to the voters of any jurisdiction at an election, the order of election shall not be amended or withdrawn after this date. Extension of Candidate Statement Public Examination Period (Cal. Elec. Code §13313) Candidate statements filed during the candidate filing extension period are available for public examination. During this period, any voter of the jurisdiction in which the election is being held, or the elections official, himself or herself, may seek a writ of mandate or an injunction requiring the material in the statements to be amended or deleted.
City Clerk
**Dec 14 to Dec 23 (E-82 to E-73)
Randomized Alphabet Drawing Date (Cal. Elec. Code §13112)
Secretary of State
Dec 14 (E-82)
The Secretary of State shall conduct a drawing of letters of the alphabet to determine the order in which candidates will appear on the ballot. Deadline to Withdraw Candidate Statements Submitted During Extension Period (Cal. Elec. Code §13307(a)(3)) In the event there is an extension of the nomination period, candidates may have until this date to withdraw their candidate’s statement. Withdrawal of candidate statements must be in writing to the City Clerk.
Candidates/ City Clerk
Dec 14 (E-82)
Deadline to Submit Names of Candidates to ROV (Cal. Elec. Code §10403(c))
City Clerk
Dec 15 (E-81)
Submit the names and ballot designations of candidates as they are to appear on the ballot to the ROV. The Certified List should be submitted in alphabetical order by office.
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RESPONSIBLE PARTY
DATE
DESCRIPTION
Publication of Nominee Names (Cal. Elec. Code §12110; Government Code §6060)
City Clerk
Dec 15 to Feb 27 (E-81 to E-7)
The City Clerk shall not later than one week before the election publish a list of names of the nominees, in the order in which they will appear on the ballot. Write-in Candidate Filing Period (Cal. Elec. Code §8600 et seq.; §15340 et seq.) Write-in candidates may request and file candidate filing papers to become a qualified write-in candidate on the ballot. Deadline FPPC: 1 st Pre-Election Campaign Statement Filing (Government Code §84200.8(a)) Candidates must file the first pre-election campaign disclosure statement. All candidates listed on the ballot must file a Form 460 or 470.
Candidates/ City Clerk
Jan 8 to Feb 20 (E-57 to E-14)
Candidates/ Committees / City Clerk
Jan 25 (E-40)
Deadline FPPC: Semi-Annual Filing (Government Code §84200)
Candidates/ Committees / City Clerk
Jan 31 (E-34)
Deadline to submit semi-annual campaign disclosure statement. The period covered begins on the day after the closing date of the last statement filed, through December 31, 2023. * Due to the Election Date, the Semi-Annual Statement may be filed on January 25, 2024. Deadline to Submit Voter Registration (Cal. Elec. Code §2102) Deadline for voter registration to be postmarked or submitted electronically to be eligible to vote in this election. After this date, voter registration must be completed in person.
*Feb 20 (E-14)
Voters/ Registrar of Voters
Conditional Voter Registration Period (Cal. Elec. Code §2170)
Feb 20 to March 5 (E-14 to E-0)
Voters/ Registrar of Voters
Citizens that miss the voter registration deadline can still register and vote in person at ROV office or at an Early Vote site on or before Election Day, or at a polling place on Election Day. Deadline FPPC: 2nd Pre-Election Campaign Statement Filing (Gov’t. Code §84200.8(b)) All committees must file the second pre-election campaign disclosure statement.
Candidates / Committees / City Clerk
Feb 22 (E-12)
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RESPONSIBLE PARTY
DATE
DESCRIPTION
Deadline to Request a Replacement Vote by Mail Ballot (Cal. Elec. Code §3001, §3014) Applications to be mailed a replacement ballot must be submitted to ROV by this date.
Feb 27 (E- 7)
Voters/ Registrar of Voters
Election Day Polls are open from 7 a.m. to 8 p.m.
Marc h 5 (E-0)
Official Canvass Period (Cal. Elec. Code §15301, §15302, §15303, §15372)
Registrar of Voters
March 6 to
ROV shall commence the official canvass no later than the first Thursday following the election. The certified statement of results shall be completed no later than 30 days after the election.
April 4 (E+1 to E+30)
Statement of Results (Cal. Elec. Code §15372(a))
The elections official shall prepare a certified statement of the results of the election and submit it to the governing body within 30 days of the election. (Cal. Elec. Code §10262(b)) For a consolidated election, the city elections official, upon receipt of the results of the election from the elections official conducting the election, shall certify the results to the governing body which shall, no later than the next regularly scheduled city council meeting following presentation of the canvass of the returns, or at a special meeting called for this purpose, comply with applicable provisions of Section 10263. Declare Candidates (Cal. Elec. Code §10263(b)) For a consolidated election, the governing body shall meet at its usual place of meeting no later than the next regularly scheduled city council meeting following presentation of the canvass of the returns, or at a special meeting called for this purpose, to declare the results and to install the newly elected officers.
Apri l 4 (E+ 30)
City Clerk / City Council
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RESIDENCY POLICY
RESIDENCY POLICY NEXT PAGE…
RESOLUTION NO. 2023-140 SEPTEMBER 6, 2023
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RESOLUTION NO. Resolution No. 2023-140
PAGE 1 of 6
ADMINISTRATIVE POLICIES
REVISION 1
SUPERSEDES Res. 2022-024
SUBJECT Residency Policy for Elected Officials and Candidates for Elected Office
APPROVED BY: City Council
EFFECTIVE DATE 09/07/2023
SECTION I: PURPOSE OF POLICY The following policy is enacted to establish what forms of supporting documentation may be provided by City Council and Mayoral candidates and current City Councilmembers and the Mayor to demonstrate that the candidate or elected official resides in their respective Ward or within City limits. A. To establish what forms of documentation are sufficient to establish residency pursuant to Charter section 301. B. To establish what forms of documentation are sufficient to verify continued residency in the Ward or in the City for current elected officials. C. To protect the interests of all San Bernardino citizens and maintain proper representation by developing policies that will help ensure that the Councilmembers truly reside in the Ward they represent and the Mayor truly resides in the City of San Bernardino D. To adopt enabling legislation via a municipal resolution to establish necessary policies to accomplish the aforementioned objectives. Accomplishing the above stated objectives will help ensure that both the letter and spirit of Charter Section 301 will be implemented as San Bernardino voters intended. SECTION II: RESIDENCY REQUIREMENTS FOR MAYOR AND COUNCIL CANDIDATES In addition to providing proof of voter registration at a residential address in the respective Ward when running for a City Council seat or within the City for the Mayoral seat, candidates must provide no less than two (2) of the following forms of additional documentation, one from each of the separate subcategories (A-D) in this section listed below, to the City Clerk to verify that candidates meet the thirty (30) consecutive day residency requirement. This additional documentation must be current and valid, in the candidate's name, and for an address at which the candidate has resided for a period of at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office: A. PROOF OF HOME OWNERSHIP/RENTAL PROPERTY. Proof of home ownership as evidenced by 1) a copy of a title deed or grant deed, a mortgage payment billing statement verifying the candidate’s address, or any other document that can verify home ownership and residency of the property; or 2) evidence of a homeowner's property tax exemption filed with the County of San Bernardino Assessor for proof that the home is the primary residence; or
[1]
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If candidates do not have a tax exemption on file, they must submit an affidavit signed by the candidate under penalty of perjury verifying that the home is the candidate's primary residence; or If the home ownership is in the name of a person other than the candidate, or in the name of a legal entity, such as a trust, partnership, or corporation, the candidate must submit a signed and notarized affidavit, under penalty of perjury, by the homeowner or authorized legal representative of the entity verifying that candidate is living in the home as their primary residence; or If the residence is rented or leased by the candidate, the candidate must provide proof of residency by submitting a signed copy of a current and legally enforceable lease or rental agreement demonstrating that the candidate has been a resident of their respective ward (or the City for Mayor) for a period of at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office; or If a candidate is living at a residence without a lease or rental agreement and whose name otherwise does not appear in the proof of home ownership, the candidate must submit a notarized affidavit signed by the residence’s landlord or property owner, under penalty of perjury, that the candidate resides at the landlord or owner's property. B. PROOF OF CALIFORNIA MOTOR VEHICLE REGISTRATION WITH INSURANCE. Proof of California motor vehicle registration and current vehicle insurance, if any motor vehicles are registered to the candidate at the residence claimed, or proof of a valid and unexpired California driver's license or identification card showing their name and address is consistent with the address shown on the nomination paper. If the residence address on either the driver's license or auto registration is in the process of being changed to the candidate’s current address in the respective Ward (or City for the Mayor) , the candidate must provide a document from the California Department of Motor Vehicles (Form DMV 14, Notice of Change of Address) verifying the change was in process no less than at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office. If a candidate does not own an automobile or does not have a California driver's license or identification card, the candidate may submit any other State of California issued identification showing the residence address on the identifying document is consistent with the residence address shown on the nomination paper filed. C. UTILITY BILL. An electric, gas, water, sewer, refuse, internet, cable TB, or landline phone bill in the candidate's name showing that the service address is consistent with the residence address in the candidate's nomination paper. In the event a utility bill has not yet been generated, a letter from an authorized representative of the utility provider stating that an account has been opened in the candidate's name at the residence address in the candidate's nomination paper that is dated no less than a period of at least thirty (30) days immediately preceding the date of filing their nomination papers for the office will suffice. D. OTHER DOCUMENTS WITH CURRENT ADDRESS DATED NOT OLDER THAN 90 DAYS AND AT LEAST THIRTY (30) CONSECUTIVE DAYS IMMEDIATELY PRECEDING THE DATE OF FILING THEIR NOMINATION PAPERS FOR THE OFFICE .
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1. School records or any official document issued by an accredited educational institution which lists the candidate’s current address.
2. Current paycheck stub or personnel record issued by the candidate's employer showing the candidate's current residence address.
3. Current homeowner or renter's insurance policy.
4. Current documents issued by any California court or federal court that which list the candidate’s current address.
5. Original record issued by any state or national bank, state or federal savings association, trust company, industrial loan company, state or federal credit union, or any institution or entity that has issued a creditcard which lists the candidate’s current address. In addition to items A-D above, the candidate must sign an affidavit, in a form approved by the City Clerk and City Attorney, verifying residency under penalty of perjury. If the candidate fails to provide any two (2) of the above-required documents (Items A-D) and the required affidavit, the candidate will not be permitted to file their nomination papers, for failure to meet the Charter Section 301 Ward residency requirement. SECTION III: PROVIDING PROOF OF RESIDENCY FOR COUNCIL CANDIDATES Candidates are required to file all of the documents specified in Section II above with the San Bernardino City Clerk’s Office for verification to demonstrate that they have been qualified electors and residents of their respective wards for a period of at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office. The City Clerk will review and verify that all required information is correct and meets the requirements of this Policy. No later than five (5) calendar days from receipt of the candidate's documents, the City Clerk shall complete the review and verification of the documents. The City Clerk will then do one of the following: A. If all City residency requirements are satisfied pursuant to the Policy, the City Clerk's Office will correspond by email or certified mail to the candidate confirming that the candidate has met the City's residency requirements; or B. If any deficiencies are discovered in the documents provided or certain documents are missing, the City Clerk's Office will correspond by email or certified mail to the candidate identifying the specific deficiency(ies) or missing document(s). The candidate will have until the closing date of the nomination period to correct the deficiencies and re-submit the required documents for verification to the City Clerk; or
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C. If the candidate either fails to complete verification of all the submitted residency documents required by this Policy within the prescribed time limits, or the resubmitted documents do not meet the requirements of the Policy, the City Clerk will correspond by email or certified mail to the candidate advising them of the failure to meet the requirements of the Policy; or D. If the documents resubmitted by the candidate meet all requirements of this Policy, the City Clerk Office will correspond by email or certified mail to the candidate confirming that the Policy's residency requirements have been met. SECTION IV: PROVIDING PROOF OF RESIDENCY FOR COUNCILMEMBERS AND MAYOR Councilmembers are required to live in the Ward they represent and the Mayor is required to live in the City of San Bernardino during their entire term in office. To ensure that the Councilmembers and Mayor continue to live in the area they represent, each elected official must submit one (1) of the following documents to the City Clerk during the last 31 calendar days of the year (December 1st to 31st), with the exception of the first year in office: A . Proof of home ownership as evidenced by 1) a copy of a title deed or grant deed, a mortgage payment billing statement verifying the address or any other document that can verify home ownership and residency of the property, or 2) evidence of a homeowner's property tax exemption filed with the County of San Bernardino Assessor for proof that the home is their primary residence. If the elected official does not have a tax exemption on file, they must submit an affidavit, signed by the elected official under penalty of perjury, verifying that the home is their primary residence; or If the home ownership is in the name of a person other than the elected official, or in the name of a legal entity, such as a trust, partnership or corporation, the elected official must submit an affidavit signed by the homeowner or authorized legal representative of the entity verifying, under penalty of perjury, that the elected official is living in the home as their primary residence; or If the residence is rented or leased by the elected official, the elected official will provide proof of residency by submitting a signed copy of a current and legally enforceable lease or rental agreement demonstrating that the elected official resides at the specified address; or If an elected official is living at a residence without a lease/rental agreement the elected official must have the landlord or property owner sign anaffidavit verifying, under penalty of perjury, the elected official’s residency in landlord or owner’s property. B . Proof of current motor vehicle registration, if any motor vehicles are registered to the elected official for the residence claimed or proof of a valid California driver's license showing their address on their license is within the ward they represent (or within the City for the Mayor). If the residence address on either the driver's license or auto registration is in process of being changed, the elected official must provide a document from the California Department of Motor Vehicles (Form DMC14) verifying the change is in process. If the elected official does not own an automobile or does not have a
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California driver's license, the elected official must submit any other State of California issued identification showing that their address on the identification document is consistent with the address shown on their current voter registration. C . A current utility bill in the elected member's name showing that the service address is within the respective Ward for the Councilmember (or within the City for the Mayor) in the elected official's name. In the event a utility bill is not available, a letter from an authorized representative of the utility provider stating that an account has been opened in the elected official's name will suffice. If there is an agreement with a landlord or other legal entity, as verified by a rental contract or lease contract, that the landlord or other legal entity will pay the utility bill, the elected official must submit an affidavit signed by the landlord or the other legal entity's authorized legal representative, verifying under penalty of perjury that the landlord or other legal entity is responsible for paying the utility bill.
D . Other documents showing current residence address in the respective Ward for the Councilmember or City for theMayor:
1. School records or any official document issued by an accredited educational institution which lists the elected official’s current address. 2. Current paycheck stub or personnel record issued by the elected official'semployer.
3. Current homeowner or renter insurancepolicy.
4. Current documents issued by any California court or a federal court that lists the name of the elected official and their residence address.
5. Original record issued by any state or national bank, state or federal savings association, trust company, industrial loan company, state or federal credit union, or any institution or entity that has issued a credit card, which lists the elected official’s current residence Additionally, the elected official must sign an affidavit verifying, under penalty of perjury, residency. In the event that a Councilmember moved to a new residence within the Ward after the filing of the previous affidavit, the elected official must confirm the new address within 60 days of moving by providing one of the documents listed in items A through D under Section III above, and an affidavit signed under penalty of perjury to the City Clerk. Incumbent elected officials who have not relocated since the information required by this Section was last provided may comply with this Section by supplying a copy of a current driver's license or State of California issued identification card and an affidavit that they have not relocated and all previously supplied information remains true and correct. The City Clerk shall confirm that the
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residence address on the incumbent elected official's voter registration is consistent with the other items supplied to demonstrate proof of residence. Failure to provide any of the above-required documents on or before December 31 st of each year shall be referred to the City Council for further action. SECTION V: INVESTIGATION AND ENFORCEMENT Any complaint alleging fraudulent compliance with this policy shall be submitted to the City Attorney for review and potential investigation. The City Attorney may refer such complaints to the County of San Bernardino District Attorney. The District Attorney shall have the discretion to investigate residency complaints and if sufficient evidence of fraud is found during the investigation, the District Attorney can elect to prosecute. Nothing herein shall preclude the City Council from investigating the matter through other means, for example through a private investigator or outside counsel. In addition, nothing herein shall preclude the City Council from enforcing a violation of this policy in any manner available under applicable law. Nothing herein shall create a private course of action not already available under applicable law. SECTION VI: TRANSPARENCY The City Clerk shall post the names and corresponding Council Ward, as appropriate, consistent with applicable confidentiality laws, of all candidates that have met the residency requirements of this Policy on the City's website and have a hard copy of the list available to be picked up at the City Clerk's Office during normal business hours. Any confidential information shall be redacted before the public record is made available for inspection in accordance with the California Public Records Act. After the election, the list of qualified candidates shall be removed from the City website and hard copies will no longer be available for pickup at the City Clerk's Office. A copy of this Policy shall be available, year-round on the City's website and a hard copy shall be available by request at the City Clerk Office during normal business hours. This will enable prospective candidates to review the residency requirements pursuant to this Policy. SECTION VII: REVIEW The Council may request, at a regularly scheduled meeting, to review the implementation and practice of this Policy and, if necessary, amend the Policy to reflect required changes. SECTION 8: EFFECTIVE DATE This Policy shall take effect upon final passage. This Policy, along with any subsequent amendments, shall be the Council Residency Policy of the City of San Bernardino. Council Residency Policy Adopted February 2, 2022, by Resolution No. 2022-24. Amended Council Residency Policy Adopted September 6, 2023 by Resolution No. 2023-140.
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