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(a) Applicability. This section governs recounts of elections of the City of Los Angeles and Los Angeles Unified School District conducted by the City Clerk. Nothing in this section shall be construed to prevent any person from contesting the results of any election by judicial proceedings authorized by law.
(b) Procedure. Within five days after the Council's declaration of the results of an election, any registered voter of the City, or of the School District in the case of Board of Education elections, may file with the City Clerk a written request to recount all of the votes cast at that election for candidates for any office, or for and against any measure. The request shall comply with the requirements of the City Election Code. The recount shall be conducted publicly and shall commence not more than seven calendar days after the City Clerk's acceptance of the recount request. No person who is an interested party to the recount shall be involved in the recount. The recount shall otherwise be conducted in accordance with procedures set forth in the City Election Code.
(c) Results of Recount. Upon completion of the recount, the Council shall declare the result. If any person who had not been declared nominated or elected is found upon the recount to be entitled to nomination or election, the Council shall so declare and direct that the proper certificate of nomination or election be issued to that person. If by the recount it is determined that the result of a ballot measure election is different than as already declared, the Council shall so declare.
(d) Costs of Recount. Any request for recount shall be accompanied by a bond or cash deposit in a sum specified by ordinance, in a form satisfactory to the City Clerk. The bond or deposit shall be payable to the City of Los Angeles in the event that the recount does not change the result of the election. If the result of an election is changed by the recount, the expense of the recount shall be borne by the City, and the bond or cash deposit shall be returned to the elector who requested the recount. The results of an election are considered changed if the identity of any person who had been declared nominated or elected is changed, or if the approval or disapproval of any ballot measure is changed.
SECTION HISTORY
Amended by: Charter Amendment 1, approved March 3, 2015, effective April 2, 2015; Charter Amendment 2, approved March 3, 2015, effective April 2, 2015.
(a) Election. To be eligible for nomination or election to any office under the Charter, a person must be a registered voter of the City or of the School District in the case of candidates for the Board of Education, at the time of his or her nomination and election, and have been a resident of the City, in the case of candidates for Mayor, Controller, or City Attorney, or of the Council district or Board district from which he or she is nominated or elected in the case of candidates for City Council and Board of Education, for at least 30 days immediately preceding the first day upon which candidates could file a Declaration of Intention to run for office at that election. When an election is to be held to fill a vacancy in an elected office and the Charter does not require the filing of a Declaration of Intention to run for that office, the 30 day residency requirement shall be measured from and precede the first day upon which candidates are permitted to secure Nominating Petitions for that office from the City Clerk.
(b) Appointment. The eligibility requirements of subsection (a) shall also apply to persons appointed to fill a vacancy in an elected office; however, the 30 day residency requirement shall be measured from and precede the date of appointment.
(c) Disqualification. No person shall be eligible to file a Declaration of Intention to run for City office or for election or appointment to any elected City office, who, within the prior five years:
(1) was convicted of a felony or entered a plea of guilty or no contest to a felony charge; or
(2) was convicted of a violation of the conflict of interest or governmental ethics provisions of the Charter, City ordinances, or state or federal law, unless the court at the time of sentencing specifically determines that this provision shall not apply.
(d) Any person disqualified under these provisions from seeking election or appointment to an elected City office shall likewise be ineligible for the same period of time to hold any appointed position in the City government.
To be eligible to vote at any of the elections held under the Charter, a person must be registered in the manner and have the qualifications required by the general laws of this state respecting the registration and qualification of voters for state and county elections.
Vacancies in the offices of Mayor, City Attorney, Controller and members of the City Council shall be filled by appointment or election in the manner set forth in this section.
(a) Appointment. The Council may fill a vacancy by appointing a person to hold the office for the portion of the unexpired term remaining until the next second Monday in December of an even-numbered year. If any portion of the term remains after that date, the Council shall also call a special election or elections to fill the remainder of the term, and shall consolidate the election with the primary nominating election and general municipal election next following the appointment. If a vacancy is filled by appointment after the first date fixed by law for filing a Declaration of Intention to become a candidate at the next primary nominating election, the person appointed shall hold the office for the remainder of the unexpired term.
(b) Special Election. The Council may call a special election, and special runoff election, if necessary, by ordinance for the purpose of filling the vacancy for the remainder of the unexpired term. The Council shall provide in the ordinance for the consolidation of the election with any other election and for the procedure for nominating candidates, including the amount of the filing fee, if any, to be paid by candidates and other matters pertaining to the election. The Council also may appoint a person to hold the office temporarily until the vacancy election is conducted and the election results are certified and declared.
(c) Recall. Any person appointed or elected to fill a vacancy may be removed from office by the recall in the same manner as if he or she had been elected to office.
SECTION HISTORY
Amended by: Charter Amendment 1, approved March 3, 2015, effective April 2, 2015; Charter Amendment E, approved November 6, 2018, effective December 14, 2018.
Vacancies in the office of Members of the Board of Education shall be filled by appointment or election in the manner set forth in this section.
(a) Appointment. The Board of Education may fill a vacancy by appointing a person to hold the office for the portion of the unexpired term remaining until the next second Monday in December of an even-numbered year. If any portion of the term remains after that date, the Board shall also request the City of Los Angeles to call a special election or elections to fill the remainder of the term, and the Council shall consolidate the election with the primary nominating election and general municipal election next following the appointment. If a vacancy is filled by appointment after the first date fixed by law for filing a Declaration of Intention to become a candidate at the next primary nominating election, the person appointed shall hold the office for the remainder of the unexpired term.
(b) Special Election. The Board of Education may request the City of Los Angeles to call a special election or elections for the purpose of filling the vacancy for the remainder of the unexpired term. Within 30 days of the Board's request, the City Council shall adopt an ordinance calling a special election, and special runoff election, if necessary, for the purpose of filling the vacancy. The Council shall provide in the ordinance for the consolidation of the election with any other election and for the procedure for nominating candidates, including the amount of the filing fee, if any, to be paid by candidates and other matters pertaining to the election. The Los Angeles Unified School District shall pay for all costs incurred in conducting the special election or elections. The Board of Education also may appoint a person to hold the office temporarily until the vacancy election is conducted and the election results are certified and declared.
(c) Recall. Any person appointed or elected to fill a vacancy may be removed from office by the recall in the same manner as if he or she had otherwise been elected to office.
SECTION HISTORY
Amended by: Charter Amendment 1, approved March 3, 2015, effective April 2, 2015; Charter Amendment 2, approved March 3, 2015, effective April 2, 2015; Charter Amendment E, approved November 6, 2018, effective December 14, 2018; Charter Amendment EE, approved November 6, 2018, effective December 14, 2018.
All elections conducted by the City Clerk, unless otherwise provided in the Charter, shall be conducted and held in accordance with the provisions of the City Election Code. No amendment to the City Election Code shall affect any election, petition, or other election-related proceeding occurring within six months following the publication of the ordinance effecting the amendment.
SECTION HISTORY
Amended by: Charter Amendment 1, approved March 3, 2015, effective April 2, 2015; Charter Amendment 2, approved March 3, 2015, effective April 2, 2015.
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