Chapter 1.08
ELECTIONS
Editor's Note: Pursuant to Charter, Art. V, º 5, the city operates under the provisions of the general state law applicable to elections, except as otherwise provided in the charter.
1.08.010 State laws applicable to city elections-Exceptions.
1.08.020 Declaration of candidacy.
1.08.030 Nomination papers, time for circulation thereof.
1.08.040 Filing fee.
1.08.050 Absentee voter ballots.
1.08.060 Arguments concerning measures and propositions submitted to or by voters.
1.08.070 Council meeting after election.
1.08.080 Appointment of election officers and polling places.
1.08.010 State laws applicable to city elections-Exceptions.*
For the purpose of providing for the manner of holding and conducting municipal elections in the city, provisions of the Elections Code of the state relating to the qualification of electors, the manner of voting, the duties of election officers and all particulars in respect to the management of municipal elections, so far as they may be applicable, shall govern all municipal elections of the city except as otherwise provided in this chapter or in the charter of the city. (Prior code º 6-1)
* For charter provisions providing that the members of council, the members of the board of education, the city treasurer and the city clerk shall be elected from the city at large, see Charter, Art. IV, º 1. For provisions relative to elections generally, see Charter, Art. V, ºº 1 to 6. As to vacancies in elective offices, see Charter, Art. VI, º 13. As to increase in compensation of elective officers, see Charter, Art. XXIII, º 4. As to payment for nomination, etc., to office, see Charter, Art. XXIII, º 10.
For similar charter provisions, see Charter, Art. V, º 5.
1.08.020 Declaration of candidacy.
Nomination papers for candidates for the offices of council member, member of the board of education, city clerk or city treasurer shall be issued by the city clerk after a declaration of candidacy has been filed by the candidate with the city clerk. Such declaration of candidacy shall state:
A. The candidate's residence, with street and number, if any;
B. The candidate's election precinct;
C. The name of the office for which he or she is a candidate;
D. That he or she will not withdraw as a candidate before the election, if nominated; and
E. That if elected, the candidate will qualify for the office. (Prior code º 6-2)
1.08.030 Nomination papers, time for circulation thereof.
Nomination papers shall be signed by not less than five hundred registered voters qualified to vote at the next city general election. Nomination papers may be circulated in sections. All sections shall be filed at the same time. Nomination papers may be circulated for signatures not earlier than the eighty-ninth day nor later than the sixty-eighth day before the general municipal election. (Ord. 5138 º 1, 1996: prior code º 6-3)
1.08.040 Filing fee.
A filing fee of twenty-five dollars shall be paid to the city clerk for filing a declaration of candidacy, except no filing fee shall be required for any candidate for an office to the holder of which no compensation is payable. (Prior code º 6-4)
1.08.050 Absentee voter ballots.
Absentee voter ballots shall be voted pursuant to California Elections Code, Section 3017, as same exists or may hereafter be amended. (Ord. 5138 º 2, 1996: prior code º 6-6)
1.08.060 Arguments concerning measures and propositions submitted to or by voters.
Whenever the council, of its own motion, proposes an ordinance, order, resolution, charter amendment, proposition for incurring indebtedness or any other kind of proposition to the voters for their approval or disapproval, and whenever a proposal to amend the charter is instituted by initiative petition to be submitted to the voters for their approval or disapproval, the following procedure shall be employed to inform the voters concerning the same; provided, that the action of the council to submit the measure or proposition to a vote of the voters or the filing of a sufficient initiative petition occurs at least ninety days prior to the election on such measures or propositions:
A. Request to Write. At least eighty-five days prior to the date of the election, persons or associations desiring to write arguments for or against the adoption of any measure or proposition shall file a written request with the city clerk.
B. Appointment of Persons to Write. The city clerk shall deliver to the council all such written requests, and from the persons or associations making such requests the council shall appoint, at least seventy-five days prior to the election, a person or an association to draft one argument for and one argument against the adoption of such measure or proposition. The council, in making such appointments, shall give preference in the order named as follows:
1. Officers of the city elected by the people;
2. Appointive officers of the city;
3. In the case of initiative charter amendment, the proponent of the petition;
4. Bona fide associations of citizens;
5. Individual voters.
C. Length-Signing of. An argument for or against any measure or proposition shall not exceed three hundred words and shall be submitted to the city clerk at least sixty-five days prior to the date of the election. Each argument shall be signed by the person or association preparing it. In cases where an argument is prepared by an association, the names of two of the officers of such association shall be signed thereto following the name of the association. The name of the person signing such argument shall be shown on the copies of the argument submitted to the voters, as hereinafter provided.
D. Printing-Mailing. When an argument for or an argument against the adoption of any measure or proposition shall have been prepared as herein provided and submitted within the required time, it shall be printed and submitted to each voter and may be mailed together with the sample ballot for the election concerned. The fact that only an argument for or only an argument against a measure or proposition shall be so prepared and submitted shall not prevent such argument being so submitted to each voter.
E. Failure to Prepare. The failure to appoint persons to draft such arguments, or the failure of such arguments to be prepared or submitted to the voters as contemplated by this section shall not affect the validity of any election held. No election or proceeding or proposition, measure or amendment, otherwise valid, shall be deemed invalid for any failure to conform to the time limits specified in this chapter; provided, that the voters of the city voting thereon have voted in favor of such proposition, measure or amendment.
F. Pamphlet Containing Measures. When a pamphlet is prepared containing proposed charter amendments or other measures or propositions, such proposed charter amendments, measures or propositions and any argument thereon may be combined therein, or may be printed separately.
G. Inapplicability of Section. The provisions of this section shall not apply to initiative and referendum matters referred to a vote of the people pursuant to the laws of the state providing for the initiative and referendum in cities. (Prior code º 6-7)
1.08.070 Council meeting after election.
The council shall meet in regular session on the second Monday of April at eight p.m., to install the newly elected officers. The council shall declare elected the persons having the highest number of votes given for each office. Upon completion of the canvass and before installing the new officers, the council shall pass a resolution reciting the facts of the election and such other matters as required by the Charter. (Ord. 5161 º 1, 1997: prior code º 6-8)
1.08.080 Appointment of election officers and polling places.
A. The city clerk shall appoint the election offi-
cers for each precinct for each municipal election, who shall have charge of the election in and for the regular or consolidated precincts for which they are appointed. The precinct officers shall receive such compensation as the council may fix.
B. Not later than twenty days prior to the municipal election, the city clerk shall post conspicuously at a public place at the city hall the list of names of the election officers appointed and the polling places designated for each election precinct. The list shall be headed "Election Officers and Polling Places." (Prior code º 6-9)