City of Banning: Election Non-Compliance

Published: May 14, 2025 8 pages

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Findings and Recommendations 4 findings

The City of Banning violated California Election Code §13313 by failing to ensure that its employees were prepared to provide voters with candidate statements on the first day of the 10-day examination period

Related Recommendations (1)

The Riverside County Civil Grand Jury recommends that the City of Banning establish and implement a policy that mandates compliance with all provisions of California Election Code §13313 no later than December 1, 2025. Based on Findings: F-1 Financial Impact: Minimal

The City of Banning processed candidate documents inconsistently.

Related Recommendations (1)

The Riverside County Civil Grand Jury recommends that the City of Banning train additional city employees to manage the Administrative City Clerk’s election duties when the Administrative City Clerk is unavailable to assist the public no later than December 1, 2025. Based on Findings: F-1, F-2, and F-3 Financial Impact: Minimal

The City of Banning “date-stamped” candidate documents inconsistently.

Related Recommendations (1)

The Riverside County Civil Grand Jury recommends that the City of Banning establish and implement a policy requiring city personnel to process candidate documents consistently and date-stamp all candidate documents no later than December 1, 2025. Based on Findings: F-1, F-2, and F-3 Financial Impact: Minimal 8 Statutes of California and Digest of Measures, 2002, Volume 1, Chapter 228, Section 12, p.1021. URL is https://clerk.assembly.ca.gov/sites/clerk.assembly.ca.gov/files/archive/Statutes/2002/2002_Statutes_1667_Vo l_1.pdf#page=427. Accessed April 15, 2025. City of Banning, Municode Codification, Ordinances, Title 1 – General Provisions, Chapter 1.12. URL is https://library.municode.com/ca/banning/codes/code_of_ordinances/450194?nodeId=TIT1GEPR_CH1.12EL. Accessed on April 15, 2025. 6

The City of Banning has not updated its election ordinances to align with current California election laws. RECOMMENDATIONS

Related Recommendations (1)

The Riverside County Civil Grand Jury recommends that the City of Banning review and revise all election ordinances to conform to current California election laws no later than June 30, 2026. Based on Findings: F-4 Financial Impact: Minimal REQUIRED RESPONSES According to California Penal Code §933, governing bodies, such as the Banning City Council, have 90 days to respond to Grand Jury report findings and recommendations. The California Penal Code §933.05 outlines the limits within which governing bodies are allowable to respond. Banning City Council Findings: F-1, F-2, F-3, and F-4 Recommendations: R-1, R-2, R-3, and R-4 Report Issued Date: 5-20-2025 Report Public Date: 5-23-2025 Response Due Date: 8-23-2025 7

Agency Responses 2

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.

City of Banning

September 04, 2019 • 2 pages View Details ▾

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Executive Office response to the 2024-2025 Grand Jury Report: City of Banning: Election Non-Complian

May 20, 2025 • 4 pages • 4 responses • Score: -3 (+0, 1, -3) View Details ▾

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4 responses to findings and recommendations

Response: Will Not Implement

Score: -1

: The Riverside County Civil Grand Jury recommends that the City of Banning establish and implement a policy that mandates compliance with all provisions of California Election Code §13313 no later than December 1, 2025. Response: Will not be implemented. For the reasons noted in response to Finding F-4, the City believes that the City and its Municipal Code already incorporate and is bound by the provisions of Elections Code section 13313. As the City's existing Municipal Code meets all legal obligations, and properly incorporates and applies state law, no further modifications to the Municip...

The City of Banning processed candidate documents inconsistently.

Response: Disagree Partially Score: 0

: The City of Banning processed candidate documents inconsistently. The City agrees in part, and disagrees in part, with this Finding. There was one set of otherwise timely filed candidate documents that may have been marked by City staff in a manner not normally expected, but this does not mean election-related documents were not processed consistently or in accordance with Elections Code requirements. To the contrary, all electionrelated documents submitted to the City were processed appropriately using the same following procedure: 1. The City of Banning consolidates its general municipal e...

Response: Will Not Implement

Score: -1

Will not be implemented as phrased. The City's existing processes comply with all provisions of the California Elections Code and the Municipal Code. The date/time stamping of documents by the City is not required under any law or ordinance, nor does it affect the integrity of the election process. R-4 The Riverside County Civil Grand Jury recommends that the City of Banning review and revise all election ordinances to conform to current California election laws no later than June 30, 2026. Response: Will not be implemented. For the reasons set forth in response to Finding F-4, and Recommendat...

Response: Will Not Implement

Score: -1

Will not be implemented. For the reasons set forth in response to Finding F-4, and Recommendation R-1, the City believes that modifications to its elections ordinances and Municipal Code are not required and, to the extent changes would restate or duplicate state law, would be inappropriate as a conflict of jurisdiction. 4