2.10.150 - Effect of violation on outcome of election.

If a candidate is convicted of a violation of any provision of this chapter, and if the court determines that the violation was substantial and that it might have had a bearing on the outcome of the election, then: (1)

If such conviction becomes final before the date of the election, the votes for such candidate shall not be counted, and the election shall be determined on the basis of the votes cast for the other candidates in that race.

(2)

If such conviction becomes final after the date of the election, and if such candidate was declared to have been elected, then such candidate shall not assume office, the office shall be deemed vacant and shall be filled as otherwise provided by state law.

The city clerk shall not issue any certificate of nomination or election to any candidate until his or her pre-election campaign statements required by the Political Reform Act of 1974, as amended, or, if no campaign statement is required, the written declaration permitted under Section 84205 of the Government Code, have been filed in the form and at the place required by the Political Reform Act of 1974.

(Ord. 401 §1(part), 1987).