BILL ANALYSIS �
SENATE GOVERNANCE & FINANCE COMMITTEE
Senator Lois Wolk, Chair
BILL NO: SB 311 HEARING: 4/17/13
AUTHOR: Padilla FISCAL: No
VERSION: 2/15/13 TAX LEVY: No
CONSULTANT: Ewing
CITY CHARTER ELECTIONS
Requires city charter measures to be submitted to voters at
a statewide general election.
Background and Existing Law
Article XI, Section 3 of the California Constitution
authorizes cities to adopt, amend, or repeal city charters
with majority approval of city voters. State statute
determines the process for the review and adoption of city
charters. Charters can be proposed by a city council, or
through a charter commission established for that purpose,
which can be called for through a voter petition. Charters
can be amended or repealed directly through a voter
petition.
Local agencies must ensure there are at least 88 days
between calling the election and the date of the election
to adopt, amend or repeal a charter. Charters proposed by
a charter commission require 95 days' notice.
In response to perceived abuses of cities' charter
authority, AB 1344 (Feuer, 2011) established the following
requirements for city charter elections:
Cities must hold at least two public hearings on a
city charter proposal.
Ballots must include a description of all new city
powers that would result from adoption of the charter.
Ballots must indicate whether the city council
would have the power to raise its own compensation and
the compensation of others without voter approval.
AB 1344 also required city charter proposals to be
submitted at an established statewide general, statewide
primary, or regularly scheduled municipal election
provided, eliminating the use of special elections to
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adopt, amend or repeal city charters.
Statewide general elections are held on the first Tuesday,
after the first Monday, in November of each even-numbered
year. Statewide primary elections are held on the first
Tuesday, after the first Monday, in June of each
even-numbered year. Municipal elections can fall on a
range of dates. Charter cities can establish generally
scheduled elections based on their charters.
Some people would like city charter measures to be limited
to statewide general elections to ensure the highest level
of voter turnout for decisions on the fundamental
governance issues included in a charter.
Proposed Law
Senate Bill 311 requires cities to submit city charter
proposals to voters at an established statewide general
election. The bill repeals cities' authority to submit
charter proposals to voters at a statewide primary election
or a regularly scheduled municipal election.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill . Senate Bill 311 ensures that
cities placing charter measures on the ballot do so during
the elections with the highest level of voter participation
- statewide general elections. City charters have a
constitution-like status in a city's operations. Because
of the authority they confer, the adoption, amendment or
repeal of a city charter is among the most significant
governance decisions made at the ballot box. California
elections have a mixed history with voter turnout, with the
greatest level of voter participation occurring during
statewide general elections. Given the significance of a
charter measure, those measures should only be placed on
ballots during a statewide general election to ensure the
greatest level of accountability to the voters and the
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greatest level of participation in the most important of
decisions.
2. Local should mean local . The California Constitution
empowers cities to propose and adopt charters with a
majority vote of participating electors. SB 311 would
impede voters' ability to make this decision by limiting
the opportunities to consider a charter measure. In
effect, SB 311 puts in place a higher standard for charter
measures than other significant ballot measures, including
electing a Governor, which can be done through a special
election.
3. Too much too soon ? In 2011 the Legislature passed AB
1344 (Feuer), which was a response to the controversies in
the City of Bell, including the use of a special election
to adopt a charter that permitted the city to inflate
compensation for the city's municipal officers. AB 1344
eliminated the use of special elections for considering
charter measures, required two public hearings and a
minimum time frame for considering those measures. SB 311
would go further in regulating how a city adopts, amends or
repeals a charter before the impact of the 2011 reforms
have had a chance to take effect. The Committee may wish
to consider waiting to evaluate the impact of the AB 1344
reforms before further limiting the authority of cities to
consider charter proposals.
4. Petition measures too ? City charter measures can be
placed on the ballot through petition, either by petition
calling for a charter commission or petition to amend or
repeal a charter. SB 311 would prevent charter measures
called for through petition from being considered at a
regularly scheduled municipal election, or a statewide
primary. Recognizing the value of voter-led initiatives,
the Committee may wish to consider amending SB 311 to
preserve the use of a regularly scheduled municipal
election or a statewide primary for charter measures place
on the ballot by petition.
5. Turning out voters . SB 311 recognizes the significance
of a charter to the operations of city government, and
calls for charter measures to be voted on during the
elections with the highest levels of voter turnout. Yet
even statewide general elections have a mixed record of
voter turnout. The Secretary of State's Office reports
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that just six of the last 12 statewide general elections
achieved a voter turnout of greater than 50 percent of
eligible voters, although turnout of registered voters was
higher, ranging from 51 percent in 2002 to 79 percent in
2008, with an average turnout of 65 percent. The Public
Policy Institute of California reports that 27 percent of
eligible adults are not registered to vote.
6. Greater turnout, lower visibility . SB 202 (Hancock,
Chapter 558, Statutes of 2011) required initiative and
referenda measures to be considered during the statewide
general election held in November of even-numbered years.
The statewide general election also includes federal, state
and local races and other ballot measures. By requiring
city charter measures to be placed only on the statewide
general election ballot, SB 311 would ensure charter
measures occur during the election with greatest turnout,
but also is likely to result in charter measures receiving
limited scrutiny on a ballot crowded with presidential,
gubernatorial, Senate, Assembly, and other races.
Support and Opposition (4/11/13)
Support : American Federation of State, County and
Municipal Employees, AFL-CIO; California Professional
Firefighters; California State Association of Electrical
Workers; California State Council of the Service Employees
International Union; California State Pipe Trades Council,
City of Costa Mesa Councilmember, Wendy Leece; Costa Mesans
for Responsible Government; Northern California Carpenters
Regional Council; State Building and Construction Trades
Council of California; Western States Council of Sheet
Metal Workers; 20 individuals.
Opposition : League of California Cities.