County ElectionsInitiative
Section § 9100
Ordinances in any county can be created not only through pre-existing methods, but also through the process described in this specific article.
Section § 9101
Section § 9102
This law states that any changes to a county charter through an initiative petition must be submitted to the board of supervisors, but ultimately, the proposal can't become law unless approved by voters. The board doesn't have the power to make these changes without voter consent.
Section § 9103
If you want to start a petition about county-level changes like initiating a local law or changing county borders, you need to file a notice with the county elections official first. Your notice must list the names and addresses of one to five people supporting it and include the text of the proposal. You also need to request a ballot title and summary.
You'll have to pay a fee of up to $200 when you file the notice. This fee is refunded if your petition is officially recognized within a year.
Section § 9103.5
This law outlines the responsibilities of the county elections official regarding initiative petitions. Until certain conditions are met, such as the petition not meeting signature requirements, the election is held, or the ordinance is adopted, the official must keep certain materials on file. These materials include the notice of intention, the initiative's text, and the request for a ballot title and summary. The official must also provide copies of these materials to anyone who asks, charging only the actual cost of making copies.
Section § 9104
This law requires a notice of intention to be filed when someone wants to start a petition. This notice must include the printed name, signature, and address (business or home) of at least one, but no more than five people who support the petition. It can also include a statement explaining why the petition is being proposed, but this statement can't be longer than 500 words. The notice should follow a specific format, essentially announcing the intent to circulate the petition and stating its purpose within a particular county. The statement explaining the reasons for the petition is optional.
Section § 9105
This law details the process for handling proposed measures in a county. When a proposed measure is filed, the county elections official must quickly send a copy to the county counsel. Within 15 days, the county counsel needs to create and return a ballot title and summary of the measure's purpose, in 500 words or less, that is unbiased and doesn't promote for or against it.
The elections official sends this title and summary to the people proposing the measure, who must publish it along with a Notice of Intention in a local newspaper and provide proof of this publication. When collecting signatures, the ballot title and summary must be placed above the proposed measure’s text on each page, with the title in a clear and readable font size.
Section § 9106
If you live in the county and think the ballot title or summary written by the county counsel is wrong or misleading, you can ask the court to change it. The court has to hurry up with the case. However, the court will only change it if there's strong evidence showing the title or summary is inaccurate or doesn't follow the rules in Section 9105.
Section § 9107
The law states that the county elections official must calculate how many signatures are needed for an initiative petition by looking at how many people voted for Governor in the last election before the notice to start the petition was published.
Section § 9108
This law explains that the people who propose a petition can start collecting signatures from registered voters in their county once the county counsel publishes the title and summary of the petition. Each part of the petition must include a copy of the notice of intention and the title and summary prepared by the county counsel.
Section § 9109
This section states that each part of a petition must include an affidavit filled out by the person who collects the signatures. The affidavit should closely follow a specific format described in Section 104.
Section § 9110
You have 180 days to collect signatures and submit your petition to the county elections official. This countdown starts from when you get the title and summary, or after any related legal issues are resolved, whichever is later.
Section § 9111
This law allows a county's board of supervisors to request a report from county agencies about a proposed initiative measure. This report can cover various impacts, like financial effects, consistency with county plans, housing and land use issues, infrastructure funding, business and employment, and other local concerns. The report must be completed and presented within 30 days after verifying the petition's sufficiency.
Section § 9112
This law requires each county's elections official to submit a report to the Secretary of State by April 1 of every odd-numbered year. The report must include details on county initiative petitions from the past two years. Specifically, it should state how many petitions were circulated but didn't make it to the ballot, and how many had reports prepared. Furthermore, it has to clarify how many of the initiatives that did make it to the ballot were approved or rejected by voters, also indicating how many generated reports were prepared.
Section § 9113
This statute explains how petitions should be filed. The proponents or their authorized representatives must file all sections of the petition together, or else they will be invalid. Once filed, no changes can be made to the petition sections unless ordered by a court. After filing, the county elections official counts the signatures on the petition. If the number of signatures meets or exceeds the required minimum, further examination of the petition will occur. If not, the process stops there.
Section § 9114
This law section explains the process for election officials in California to verify signatures on a petition. Once a petition is filed, officials have 30 days, not counting weekends and holidays, to check if the needed number of valid signatures is present.
The officials can compare signatures with registered signature samples, and minor differences like using initials won't make a signature invalid. They then inform the petition's proponents about whether the petition has enough valid signatures or not.
If it doesn't, no further action is taken, but a new petition can be filed later on the same topic. If it does, the results are certified and sent to the board of supervisors at their next meeting.
Section § 9115
This law section explains the procedures an elections official follows to verify signatures on a petition. If more than 500 signatures are collected, a random sampling method can be used to check their validity. Every signature should have an equal chance of being chosen, and the sample must include at least 500 signatures or 3%, whichever is greater. Minor variations in signatures do not make them invalid.
If the sampling shows that the number of valid signatures is close to what's needed (between 95% and 110%), the official must verify all signatures within 90 days. They can stop if they find enough valid signatures before checking them all. Signatures can be compared with voters' signature facsimiles, as long as this follows the law.
The official must attach a certificate with the verification results and notify the petition's proponents whether it is sufficient or not. An insufficient petition ends the process, but a new petition can be started. A sufficient petition is certified and reported to the board of supervisors at their next meeting.
Section § 9118
If enough people sign a petition (at least 10% of the voters who voted for Governor in the last election), the county supervisors have three options: adopt the proposed law as is, ask voters to decide on it, or request a report. If they choose the report, they must decide to either adopt the law or call an election soon after reviewing the report.
Section § 9118.5
If you've proposed an initiative, you can take it back anytime before the 88th day leading up to the election. This holds true even if officials have already said your petition meets the requirements.
Section § 9119
This law says that if a county ordinance needs to be voted on in an election, the county elections official must ensure the ordinance is printed. A voter can ask for a copy of the ordinance, and it should be provided to them.
Section § 9120
This section indicates that if you want to submit arguments for county initiatives, you should follow the rules and procedures detailed in Article 3, starting with Section 9160.
Section § 9121
This law allows for multiple proposed ordinances to be included on the ballot and voted on during the same election.
Section § 9122
If most voters say 'yes' to a proposed county ordinance, it becomes official. The ordinance is seen as adopted once the board of supervisors announces the vote results, and it becomes effective 10 days later.
Section § 9123
When there are two or more conflicting ordinances voted on in the same election, the one that gets more 'yes' votes will be the one that counts.
Section § 9124
This law states that when a county puts an ordinance (a local law) to a vote by the people, it must start with a specific opening statement: 'The people of the County of ____ ordain as follows.'
Section § 9125
If an ordinance (a local law or regulation) is proposed through an initiative petition and then adopted, it can only be repealed or changed by another public vote unless the original ordinance states another way to change it. Otherwise, once adopted, it holds the same power as any other ordinance the board of supervisors passes.