BILL NUMBER: AB 2597 CHAPTERED 06/06/02 CHAPTER 53 FILED WITH SECRETARY OF STATE JUNE 6, 2002 APPROVED BY GOVERNOR JUNE 5, 2002 PASSED THE SENATE MAY 23, 2002 PASSED THE ASSEMBLY APRIL 11, 2002 INTRODUCED BY Committee on Elections, Reapportionment and Constitutional Amendments (Longville (Chair), Cardenas, Cardoza, Firebaugh, Horton, Kehoe, Oropeza, Shelley, and Vargas) FEBRUARY 21, 2002 An act to amend Sections 9255 and 9265 of the Elections Code, relating to municipal elections. LEGISLATIVE COUNSEL'S DIGEST AB 2597, Committee on Elections, Reapportionment and Constitutional Amendments. Municipal elections. Existing law requires that specified charter proposals be submitted to the voters, including charter proposals to amend or repeal a city charter proposed by a petition signed by 15% of the registered voters of the city, and charter proposals to amend or repeal of a city and county charter proposed by a petition signed by 10% of the registered voters of the city and county. Existing law requires that the number of registered voters be determined according to the county elections official's last official report of registration to the Secretary of State. This bill would require that the report of registration used for this determination be the report effective at the time that the proponents of a measure proposing to amend a charter give notice of their intent to circulate the petition. Existing law requires that a petition to amend a municipal charter be filed with the elections official not later than 200 days after the date on which the notice of intent to circulate the petition was published or posed, or both. This bill would require that the petition be filed within 180 days from the date of receipt of the title and summary, or after termination of an action for a writ of mandate requiring that the ballot title or summary be amended and, if applicable, receipt of an amended title or summary, or both, whichever comes later. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 9255 of the Elections Code is amended to read: 9255. (a) The following city or city and county charter proposals shall be submitted to the voters at either a special election called for that purpose, at any established municipal election date, or at any established election date pursuant to Section 1000, provided that there are at least 88 days before the election: (1) A charter proposed by a charter commission, whether elected or appointed by a governing body. A charter commission may also submit a charter pursuant to Section 34455 of the Government Code. (2) An amendment or repeal of a charter proposed by the governing body of a city or a city and county on its own motion. (3) An amendment or repeal of a city charter proposed by a petition signed by 15 percent of the registered voters of the city. (4) An amendment or repeal of a city and county charter proposed by a petition signed by 10 percent of the registered voters of the city and county. (5) A recodification of the charter proposed by the governing body on its own motion, provided that the recodification does not, in any manner, substantially change the provisions of the charter. (b) Charter proposals by the governing body and charter proposals by petition of the voters may be submitted at the same election. (c) The total number of registered voters of the city or city and county shall be determined according to the county elections official' s last official report of registration to the Secretary of State that was effective at the time the notice required pursuant to Section 9256 was given. SEC. 2. Section 9265 of the Elections Code is amended to read: 9265. The petition shall be filed with the elections official by the proponents, or by any person or persons authorized in writing by the proponents. All sections of the petition shall be filed at one time, and a petition section submitted subsequently may not be accepted by the elections official. The petition shall be filed (1) within 180 days from the date of receipt of the title and summary, or (2) after termination of any action for a writ of mandate pursuant to Section 9204, and, if applicable, receipt of an amended title or summary, or both, whichever comes later.