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FEB -2S-00 13=24 FROM= I112 PAGE 2/2 <br />LAW OFFICES of <br />BEST BEST & KRIEGER LLP <br />February 2;5, 2000 <br />MEMORANDUM <br />Tye: Sharon Beringson, Elections Technician <br />San Bernardino County Registrar of Voters <br />fltOM: Colton City Attorney <br />RjE: Election to Fill Vacant Office of Mayor <br />We serve as City Attorney for the City of Colton. We understand that the Colton <br />A ting City Clerk, Teresa Delgado, has asked you whether the Registrar of Voters could conduct <br />a special election in June or July of 2000 for the Colton electorate to fill the vacant office of <br />Mayor. Ms. Delgado tells us that it is the Registrar's opinion that the earliest date on which an <br />el,;%tion can be held for this purpose is November 7, 2000, as this is the next established election <br />dvite as set forth in Elections Code section 1000. <br />We are writing to ask whether the Registrar of Voters would reconsider whither a <br />special election can be held sooner than November 7, 2000, based on consideration that an <br />EjYctions Code section 1003 exception may apply. <br />Section 1003 permits a city to hold a special election on any date if it involves an <br />initiative, referendum or recall_ We understand that other cities and counties have applied this <br />exception when filling a vacancy by election. <br />Please call us this afternoon if you have any questions_ We would appreciate a <br />reiiponse by Monday since we need to give immediate direction to the City. <br />DEAN DERLETH <br />SOMA CARVALHO <br />cc Henry Garcia, City Manager <br />Teresa Delgado, Acting City Clerk <br />RV IMH%SRC�554597 <br />