Section § 10300

Explanation

This law allows city voters to ask the Governor to appoint three election commissioners if the city hasn't elected its officers according to its charter, leaving it without leadership or failing to hold an election. It also applies if the city tried but failed to adopt a new charter, and the charter was invalidated, which resulted in not legally electing officers.

The voters of a city may present a petition to the Governor for the appointment of three commissioners of election pursuant to this chapter if:
(a)CA Elections Code § 10300(a) The city has failed to elect officers in accordance with its charter, and there are no officers to carry on the city government, or the city has failed to call an election of officers.
(b)CA Elections Code § 10300(b) The city has attempted to adopt a freeholders charter under the State Constitution, and has failed to legally elect officers, and the freeholders charter is held to be invalid.

Section § 10301

Explanation

This law outlines what needs to be included in a petition when submitting it to the Governor. It must include the city's name, the date and how it was organized, and details about the last election and current status of city officers. It should also mention the rules for who can vote according to the city's charter, confirm that everyone signing the petition is qualified to vote as per these rules, and that all signers are homeowners and property owners in the city.

The petition to the Governor shall set forth:
(a)CA Elections Code § 10301(a) The name of the city, with the date and manner of organization.
(b)CA Elections Code § 10301(b) The date of the last election for officers; whether they are performing their duties, and if not, how long since they have ceased to do so.
(c)CA Elections Code § 10301(c) The provision of the charter relating to the qualifications of voters.
(d)CA Elections Code § 10301(d) That each person signing the petition possesses the qualifications provided for voters by the charter.
(e)CA Elections Code § 10301(e) That each of the signers of the petition is a householder and freeholder in the city.

Section § 10302

Explanation

This law requires a petition in a city to be signed by at least 75 individuals who meet specific qualifications stated in the petition. Additionally, at least two of the signers must confirm that the information in the petition is accurate and that all signers are qualified.

The petition shall be signed by not less than 75 persons in the city, each of whom possesses all the qualifications mentioned in the body of the petition. The petition shall be verified by at least two of the signers, that, of their own knowledge, the petition is true, and that all the signers are qualified.

Section § 10303

Explanation

When a petition is presented to the Governor, they must either make a decision on it or ask for more evidence. If the Governor is convinced the petition is accurate, they will appoint three people to serve as election commissioners for the city. This group will be called the board of election commissioners, using the city's name.

Upon the presentation of the petition to the Governor, he or she shall either act upon it or require additional evidence of the matters set forth in the petition. Upon being satisfied of the truth of the matters set forth in the petition, the Governor shall appoint three persons as commissioners of election for that city. The commission shall be known as the board of election commissioners for (here give name of the city).

Section § 10304

Explanation

After being appointed, the commissioners are given a formal confirmation by the Governor, which proves that everything was done properly up to that point. Within 10 days of their appointment, they need to take an official oath of office, and this oath must be attached to their commission and filed with the Secretary of State. The commission must then appoint a president and a secretary from among themselves and keep a record of their meetings, which the president and secretary need to sign.

The Governor shall issue a commission to the commissioners, and the issuance of the commission shall be conclusive evidence of the regularity of all the proceedings to and including the appointment of the commissioners. Within 10 days after their appointment, the commissioners shall take the constitutional oath of office before some officer authorized to administer oaths. The oath shall be indorsed upon the commission, and a copy filed in the office of the Secretary of State. The commission shall organize by the election of a president and secretary from their own members. The commission shall keep minutes of all its proceedings, which minutes shall be signed at the close of each meeting by the president and secretary.

Section § 10305

Explanation

This law allows city officials to call for an election to fill municipal offices specified by the city charter. They must enter the decision into their records and clearly list the positions and date of the election. If the election is for a particular part of the city, like a ward or subdivision, that must be stated in the order.

The commissioners may, by an order entered in their minutes, call an election for the officers required by the charter of the city, to be elected only by the voters in the city. The order shall specify the names of the offices to be filled and the date of the election. When any office is to be filled by an election in any ward or subdivision of the city, the order shall so state.

Section § 10306

Explanation

Before an election, the commission must set up precinct boards and decide where the election will be held, following the city charter. They need to announce the election in local newspapers or by posting notices at least 20 days before the election. The election is held according to city charter rules, but printed voter lists aren't necessary. If a voter's name isn't on the county register, they can swear under oath that they believe it is, and this statement is enough for the precinct board if no other proof is provided.

Prior to the election, the commission shall appoint precinct boards and fix the places of holding the election, as required in the city charter. The commission shall cause notice of the election to be published in one or more newspapers published in the city, or if none is published therein, then by posting notices for at least 20 days before election. The election shall be conducted as required by the city charter for the election of officers, except that it shall not be necessary to use printed registers. If a voter is challenged on the ground that his or her name does not appear on the register of the county, it shall be sufficient for him or her to state, under oath, that he or she believes his or her name is upon the register, and if no other evidence is offered, the precinct board shall accept that statement as true.

Section § 10307

Explanation

This law states that precinct boards must return the election results to the commission as outlined by the city charter. They should report results for all officers, regardless of the scope of their election (city-wide or specific areas). A precinct board member is not allowed to issue an election certificate.

Except that the returns shall be returned and delivered to the commission, the precinct boards shall make return of the election as required in the charter of all officers voted for at the election, without reference to whether they were voted for in the whole or only a ward or subdivision of the city. A member of a precinct board shall not issue a certificate of election.

Section § 10308

Explanation

After an election, the commissioners have five days to review the election results and announce who won. They then provide official election certificates to the winners. These certificates, signed by all the commissioners, act as proof that the election process was conducted correctly. However, this proof can be challenged if someone wants to legally contest a winner's right to hold office.

Within five days after the election, the commissioners shall canvass the returns and declare which persons were elected. The commission shall issue certificates of election to the persons so declared to be elected. The certificates shall be signed by all the commissioners, and shall be conclusive evidence of the regularity of all the proceedings taken in the election and by the commission, except as against any suit or proceeding to oust from office any person holding a certificate.

Section § 10309

Explanation

After being officially elected, individuals have 10 days to take their oath and start their duties as required by the charter. If they don't do this in time, their position is considered vacant.

Within 10 days after issuance of the certificates of election, the officers shall qualify and enter upon the discharge of their duties, in accordance with the charter. If any person chosen at the election fails to take the oath of office and enter upon the discharge of his or her duties within the time above specified, the office to which he or she shall have been elected shall be deemed vacant.

Section § 10310

Explanation

After an election, election commissioners need to hand over all related documents to the city's governing body during their first meeting. Then, these documents are to be officially filed by the elections official. The governing body will also record important documents like the Governor-issued commission, the commissioners’ meeting minutes, and the election notice in their official minutes book. These records are to be treated as solid proof of what they contain, just like the original documents.

At the first meeting of the governing body of the city after the election, the commissioners shall deliver to the governing body all books and papers in their possession, relating to their office of election commissioners. The governing body shall cause them to be filed by their elections official, and shall cause the commission issued by the Governor to the commissioners, the minutes of the commissioners, and notice of the election to be entered in the book of minutes of the governing body. These entries shall thereupon be evidence of all the matters therein stated, and as conclusive as the originals.

Section § 10311

Explanation

This law says that once the newly elected or appointed city officials have officially taken on their responsibilities, the city is considered to be fully functioning and organized, even if their election didn't happen exactly as the city's rules originally planned.

Whenever the officers elected at the election, and the officers authorized by the charter to be elected or appointed by the governing body or executive department of the city, have qualified and entered upon the discharge of their duties, the city shall be as fully organized and in operation as if the election had been held at the time and in the manner required by the charter.

Section § 10312

Explanation

This law mandates that when a city's government is fully operational, its governing body must officially record this status with a resolution in their official minutes. This resolution serves as undeniable proof of the government's operational status, unless a legal action is taken specifically to challenge or nullify it.

Whenever the government of the city is in full operation, the governing body shall enter a resolution in its minutes declaring that fact. The resolution shall be conclusive evidence of that fact, except as against a direct action or proceeding to set aside or annul the government.