The board of supervisors may submit to the voters, without a petition, an ordinance for the repeal, amendment, or enactment of any ordinance. The ordinance shall be voted upon at any succeeding regular or special election and, if it receives a majority of the votes cast, the ordinance shall be repealed, amended, or enacted accordingly.
County ElectionsReferendum
Section § 9140
This law allows the board of supervisors to present any ordinance changes to the public for a vote without needing a petition. If the majority of voters agree in a regular or special election, the ordinance can be repealed, amended, or enacted based on the vote results.
board of supervisors voter submission ordinance repeal
Section § 9141
This law explains when certain types of ordinances (local laws) in California take effect. Generally, most ordinances take effect 30 days after they are passed. However, some ordinances become active immediately. These include ordinances about elections, ones legally required to take effect right away, tax-related ordinances, and those necessary for public safety or health. Emergency ordinances require a four-fifths vote and must explain why they need to be immediate.
(a)CA Elections Code § 9141(a) Except an ordinance granting a franchise, the following ordinances shall take effect immediately:
(1)CA Elections Code § 9141(a)(1) Those calling or otherwise relating to an election.
(2)CA Elections Code § 9141(a)(2) Those specifically required by law to take immediate effect.
(3)CA Elections Code § 9141(a)(3) Those fixing the amount of money to be raised by taxation or the rate of taxes to be levied.
(4)CA Elections Code § 9141(a)(4) Those for the immediate preservation of the public peace, health, or safety. The ordinances referred to in this subdivision shall contain a declaration of the facts constituting the necessity and shall be passed by a four-fifths vote of the board of supervisors.
(b)CA Elections Code § 9141(b) All other ordinances, including ordinances granting a franchise, shall become effective 30 days from and after the date of final passage.
franchise ordinances election ordinances immediate effect
Section § 9142
This law states that when a county plans to issue revenue bonds through a joint powers entity, the ordinance allowing this won't take effect for 60 days. If more than 500,000 votes were cast for Governor in the last election within that county, residents can challenge the ordinance through a referendum with signatures from at least 5% of those voters. If fewer than 500,000 votes were cast, then 10% of signatures are needed. The ballot for this referendum will ask whether the county should authorize the joint powers entity to issue bonds, noting the amount, ordinance number, date, and intended purpose and redemption method for the bonds.
(a)CA Elections Code § 9142(a) Notwithstanding Section 9141, ordinances authorizing the issuance of revenue bonds by a county as part of a joint powers entity pursuant to Section 6547 of the Government Code shall not take effect for 60 days.
(b)CA Elections Code § 9142(b) When the number of votes cast for all candidates for Governor at the last gubernatorial election within the boundaries of the county described in subdivision (a) exceeds 500,000, the ordinance is subject to referendum upon presentation of a petition bearing
signatures of at least 5 percent of the entire vote cast within the boundaries of the county for all candidates for Governor at the last gubernatorial election. When the number of votes cast for all candidates for Governor at the last gubernatorial election within the boundaries of the county is less than 500,000, the ordinance is subject to referendum upon presentation of a petition bearing signatures of at least 10 percent of the entire vote cast within the boundaries of the county for all candidates for Governor at the last gubernatorial election.
(c)CA Elections Code § 9142(c) For the purpose of submitting the question to the voters pursuant to subdivision (b), the ballot wording shall approximate the following:
“Shall the
_____
(county
name)
_____
,
as a member of the
_____
(joint powers entity name)
_____
,
revenue bonds joint powers entity county ordinance
Section § 9143
This law states that any part of an ordinance that changes the salaries of supervisors will take effect 60 days after it is officially passed, even if other sections apply.
Notwithstanding Section 9141, that portion of any ordinance that changes supervisorial salaries shall become effective 60 days from the date of its final passage.
supervisorial salaries ordinance changes effective date
Section § 9144
If people in a county don't like a new local law, they can collect enough signatures from voters to pause the law and force local officials to think about it again. They need to get signatures from at least 10% of the people who voted for Governor in the last election for this to happen.
If a petition protesting the adoption of an ordinance is submitted to the county elections official before the effective date of the ordinance, the ordinance shall be suspended and the board of supervisors shall reconsider the ordinance. The petition shall be signed by voters of the county equal in number to at least 10 percent of the entire vote cast within the county for all candidates for Governor at the last gubernatorial election.
petition ordinance protest suspend ordinance
Section § 9144.5
If you've started a referendum in California, you can cancel it any time before the 88th day leading up to the election. This is true regardless of whether the elections official has already reviewed and approved your petition.
The proponent of a referendum may withdraw the referendum at any time before the 88th day before the election, whether or not the petition has already been found sufficient by the elections official.
referendum withdrawal proponent rights petition sufficiency
Section § 9145
If the board of supervisors decides not to fully repeal an ordinance that a petition challenges, they must let voters decide on it. This happens at the next county election or a special election, as long as it's at least 88 days later. For the ordinance to take effect, more than half of the voters must approve it.
If the board of supervisors does not entirely repeal the ordinance against which a petition is filed, the board shall submit the ordinance to the voters either at the next regularly scheduled county election occurring not less than 88 days after the date of the order, or at a special election called for that purpose not less than 88 days after the date of the order. The ordinance shall not become effective unless and until a majority of the voters voting on the ordinance vote in favor of it.
board of supervisors repeal ordinance petition challenge
Section § 9146
This section explains that the same rules and procedures that apply to proposing an ordinance through an initiative petition also apply to handling ordinances when there's a formal protest against them. This includes how petitions are structured, the responsibilities of county election officials, and how elections are conducted.
The provisions of this code relating to the form of petitions, the duties of the county elections official, and the manner of holding elections, when an ordinance is proposed by initiative petition, govern the procedure on ordinances against which a protest is filed.
initiative petition ordinance protest petition format
Section § 9147
This law outlines the requirements for a referendum measure in California. It specifies that the heading of a proposed referendum should state it is against an ordinance passed by the Board of Supervisors. Additionally, each section of the referendum petition must include the title and text of the ordinance or the part of the ordinance being challenged.
(a)CA Elections Code § 9147(a) The heading of a proposed referendum measure shall be in substantially the following form:
Referendum Against an Ordinance Passed by the Board of Supervisors.
(b)CA Elections Code § 9147(b) Each section of the referendum petition shall contain the title and text of the ordinance or the portion of the ordinance which is the subject of the referendum.
referendum measure ordinance Board of Supervisors
