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FEB -28-2000 10:44 SBDO CO ROV REGISTRAR OF VOTERS 777 East Rialto Avenue • Sen Bernardino, CA 92415-0770 • (909) 387-8300 Fax (909) 387-2022 February 28, 2000 Dean Derleth and Sonia Carvalho, Attorneys Best, Best and Krieger Post Office Box 1028 Riverside, CA 92502 P. 01/01 COUNTY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AND PUBLIC SERVICES GROUP INGRID E. GONZALES Registrar of voters RE: ELECTION TO FILL VACANT OFFICE OF MAYOR Dear Mr. Derleth and Ms. Carvalho: I am writing in response to your letter of February 25, 2000, which was received by fax. Following discussion with legal counsel for the Registrar of Voters office, I must decline to conduct an election to fill the mayoral vacancy in Colton unless such election is held on November 7, 2000. 1 am not convinced that Elections Code section 1003 applies to a vacancy election and do not see any way to interpret it differently_ When the Registrar of Voters conducts an election the public perception is that it is in accordance with election law. Therefore, l cannot knowingly conduct an election that I feel is not in compliance with such law. If the City proceeds with an earlier election, there are election vendors who could provide assistance. As the "keeper of the voter file', our office would provide services that would enable the city to conduct their own election. It is my preference to conduct all elections within the County of San Bernardino in order to maintain continuity in the process and avoid voter confusion. I am sorry that 1 am unable to do so in this situation. If you have any questions or wish to discuss this further, please do not hesitate to contact either Sharon Beringson or myself. B: GONZP r of Voters Cc: Henry Garcia, City Manager Teresa Delgado, Acting City Clerk Dan Haueter, Chief Deputy County Counsel .. p_y r' .. ,,. gni^i.. `x.' .:'� C d.l,..,_� V' ....... S�n..•aci r:..trct 'F �r•.° .... _ .. .. TOTAL P.01