SB 311, as introduced, Padilla. Local elections: charters and charter proposals.
Existing law requires a charter or charter amendment proposed by a charter commission for a city or city and county to be submitted to the voters at an established statewide general, statewide primary, or regularly scheduled municipal election date, provided there are at least 95 days before the election. Existing law requires specified city or city and county charter proposals to be submitted to the voters at an established statewide general, statewide primary, or regularly scheduled municipal election, provided there are at least 88 days before the election. Existing law also authorizes the governing body of any city or city and county to propose a charter and submit the proposal for the adoption to the voters at the next established statewide general, statewide primary, or regularly scheduled municipal election, provided there are at least 88 days before the election.
This bill would eliminate the option of submitting a city or city and county charter, charter amendment, or charter proposal to the voters at a statewide primary or regularly scheduled municipal election, and would require the charter, charter amendment, or charter proposal to be submitted to the voters at a statewide general election, provide there are at least 95 or 88 days, as applicable, before the election.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1415 of the Elections Code is amended
2to read:
City or city and county charter proposals that qualify
4pursuant to Section 9255 shall be submitted to the voters atbegin delete eitherend delete
5 the nextbegin delete regular general municipal election occurring not less than establishedbegin insert statewide
688 days after the date of the order of election, or at a special
7election called for that purpose or on anyend delete
8generalend insert election datebegin delete pursuant to Section 1000end delete occurring not less
9than 88 days after the date of the order of
election.
Section 9255 of the Elections Code is amended to read:
(a) A charter or charter amendment proposed by a charter
12commission, whether elected or appointed by a governing body,
13for a city or city and county shall be submitted to the voters at an
14established statewide generalbegin delete, statewide primary, or regularly election date pursuant to Section 1200,
15scheduled municipalend deletebegin delete 1201, provided
16or 1301,end deletebegin delete thatend delete there are at least 95 days before the election.
17A charter commission may also submit a charter pursuant to
18Section 34455 of the Government Code.
19(b) The following city or city and
county charter proposals shall
20be submitted to the voters at an established statewide generalbegin delete,
21statewide primary, or regularly scheduled municipal election,end delete
22begin insert electionend insert pursuant to Section 1200,begin delete 1201, or 1301,end delete providedbegin delete thatend delete
23 there are at least 88 days before the election:
24(1) An amendment or repeal of a charter proposed by the
25governing body of a city or a city and county on its own motion.
26(2) An amendment or repeal of a city charter proposed by a
27petition signed by 15 percent of the registered voters of the city.
28(3) An amendment or repeal of a city and county charter
29proposed by a petition signed by 10 percent of the registered voters
30of the city and county.
31(4) A recodification of the charter proposed by the governing
32body on its own motion, provided that the recodification does not,
33in any manner, substantially change the provisions of the charter.
P3 1(c) Charter proposals by the governing body and charter
2proposals by petition of the voters may be submitted at the same
3election.
4(d) The total number of registered voters of the city or city and
5county shall be determined according to the county elections
6official’s last official report of registration to the Secretary of State
7that was effective at the time the notice required pursuant to Section
89256 was
given.
Section 9260 of the Elections Code is amended to read:
The petition shall be in substantially the following form:
11
12Petition for Submission to Voters of Proposed Amendment to
13the Charter of the City (or City and County) of ____
15To the city council (or other legislative body) of the City (or
16City and County) of ____:
17We, the undersigned, registered and qualified voters of the State
18of California, residents of the City (or City and County) of ____,
19pursuant to Section 3 of Article XI of the California Constitution
20and Chapter 2 (commencing with Section 34450) of Part 1 of
21Division 2 of Title 4 of the Government Code, present to the city
22council (or other
legislative body) of the city (or city and county)
23this petition and request that the following proposed amendment
24to the charter of the city (or city and county) be submitted to the
25registered and qualified voters of the city (or city and county) for
26their adoption or rejection at the next statewide generalbegin delete, statewide election date pursuant
27primary, or regularly scheduled municipalend delete
28to Section 1200begin delete, 1201, or 1301end delete.
29The proposed charter amendment reads as follows:
31First. (setting forth the text of the amendment) ____ (etc.)
Signature |
Printed Name |
Residence |
Date |
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Section 34457 of the Government Code is amended
39to read:
After the charter prepared by the charter commission
2has been filed in the office of the clerk of the governing body of
3the city or city and county pursuant to Section 34455, the proposed
4charter shall be submitted to the voters of the city or city and
5county at the next established statewide generalbegin delete, statewide primary, election date pursuant to Section
6or regularly scheduled municipalend delete
71200begin delete, 1201, or 1301end delete of the Elections Code, provided there are at
8least 95 days before the election.
Section 34458 of the Government Code is amended
10to read:
(a) As an alternative to the procedure provided for in
12Sections 34450 to 34457, inclusive, the governing body of any
13city or city and county, on its own motion may propose or cause
14to be proposed, amend or cause to be amended, or repeal or cause
15to be repealed, a charter, and may submit the proposal for the
16adoption, amendment, or repeal thereof, to the voters at the next
17established statewide generalbegin delete, statewide primary, or regularly election date pursuant to Section 1200
18scheduled municipalend deletebegin delete, 1201, of the Elections Codebegin insert,end insert provided there are at least 88
days
19or 1301end delete
20before the election.
21(b) Prior to approving the submission to the voters of a proposal
22to adopt a charter, the governing body shall hold at least two public
23hearings on the matter of the proposal of a charter and the content
24of the proposed charter. Notice of the public hearings shall be
25given by publication pursuant to Section 6066, in a newspaper
26designated by the governing body and circulated throughout the
27city, and by posting the notice in three public places within the
28jurisdiction at least 21 calendar days prior to the date of each public
29hearing. The second public hearing shall be held at least 30 days
30after the first public hearing. At least one of the public hearings
31shall be held outside of normal business hours to facilitate public
32participation. The governing body shall not conduct a vote on
33whether to approve the submission to the voters of the proposal
34to adopt a charter until 21 days after the second public
hearing.
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