Ordinance - 2295ORDINANCE NO. 2295
AN ORDINANCE OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING ARTICLE XI (LOCAL OFFICER ELECTIONS) OF
CHAPTER 2 RELATING TO CITY OFFICER ELECTION RECOUNTS
WHEREAS, in some past elections for city council the vote count for the two candidates for a
single seat have been extremely close, within a few votes; and
WHEREAS, past recounts of city election results, in elections consolidated with the County of
Los Angeles, have demonstrated multiple counting errors which could have
affected the results of the election; and
WHEREAS, conducting a recount of votes for local elections is expensive and burdensome and
unduly increases the potential costs of running for local office, and can discourage
candidates from running and discourage voters from requesting a recount to
ensure the voters' will is carried out; and
WHEREAS, the City is currently unable to control the accuracy of the count for local elections
because the counting of ballots and votes is conducted by Los Angeles County;
and
WHEREAS, in order to encourage residents to run for local office and reduce the potential
impacts to the City and its citizens of inaccurate vote counting, the City wishes to
establish an ordinance allowing the City to reimburse the costs of recounts in any
election involving city officials where the margin of victory for the winning
candidate over the losing candidate for a single seat is one -quarter of one percent
or less of the ballots cast.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION NO. 1: Article XI (Local Officer Elections) of Chapter 2 (Administration) is
hereby amended to read as follows:
Article XI. LOCAL OFFICER ELECTIONS
See.2-600. Purpose.
The purpose of this ordinance is encourage citizens of West Covina to run for city elected
positions and to minimize the risk that vote counting errors will go uncorrected due to lack of
funds for candidates or citizens to pay the costs of a recount in very close elections. Actions
taken by the City Council and payments made pursuant to this ordinance shall not be considered a
contribution to any candidate who may be involved in a vote recount authorized by the City
Council as provided herein.
See.2-601. Applicability.
This ordinance shall only apply to elective offices of the City.
Sec. 2-602 Reimbursement for Recount Costs.
Whenever the margin of victory between two candidates for an elective city office is one -quarter
of one percent or less of the ballots cast after completion of the official canvass, and one of the
candidates would be considered elected and the other would not be elected as a result, and a voter
has timely requested a manual recount pursuant to California Elections Code section 15620, and
requests in writing that the City reimburse the costs of the recount, the City shall reimburse the
voter for the total cost of the full recount within fifteen (15) days of submission of documentation
of the recount cost. To qualify for reimbursement, the manual recount shall be a complete
manual recount of all ballots cast, conducted in the most cost efficient way possible. No
reimbursement may be made where the recount changes the election result and the voter is
required to be reimbursed by the County for the costs. No reimbursement shall be made for any
amount which is refunded to the voter by the County because it exceeds the actual cost of the
recount. No reimbursement may be made to any voter who has violated the City's Campaign
Contribution Ordinance (West Covina Municipal Code section 2-400, et seq.) in connection with
the election in question.
SECTION NO. 2: The City Clerk shall certify the adoption of this Ordinance and
shall cause the same to be posted or published in the manner as required by law.
SECTION NO. 3: This ordinance shall take effect and be in force thirty (30) days
from and after the date of its passage.
PASSED, APPROVED AND ADOPTED on this 19`h day of April, 2016.
APPROVED AS TO FORM:
<-�,_ J,_�
Kimberly lJoBarlow
City Attorney
J es Toma
ayor
ATTEST:
Nickolas S.-Lewis
City Clerk - -
I, NICKOLAS S. LEWIS, CITY CLERK of the City of West Covina, California, do hereby
certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at
a regular meeting of the City Council on the 5"' day of April, 2016. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 19`" day
of April, 2016, by the following vote:
AYES:
Johnnson, Spence, Wu, Toma
NOES:
Warshaw
ABSENT:
None
ABSTAIN:
None
Nickolas S. Lewis -
City Clerk