Municipal ElectionsReferendum
Section § 9235
Generally, a new city law, known as an ordinance, doesn't take effect until 30 days have passed since it was approved. However, there are exceptions where ordinances can become effective sooner. These exceptions include laws related to elections, urgent measures needed to protect public peace, health, or safety which require a city council supermajority vote, those about street improvements, and laws controlled by specific state rules for their approval.
Section § 9236
This law section outlines the process for cities involved in joint powers entities to issue revenue bonds. It specifies that such ordinances take 60 days to become effective. If the number of people who voted for Governor in the city's last election exceeds 500,000, a referendum can be triggered by a petition signed by at least 5% of those voters. If the voter count is below 500,000, the threshold for signatures increases to 10%. The law also provides a template for how the bond issuance question should appear on ballots if a referendum occurs.
Section § 9237
This law states that if you don't agree with a new city ordinance, you can start a petition to challenge it. For the petition to be valid, it must be submitted to the city elections office within 30 days after the ordinance is officially confirmed by the city clerk, and it must be signed by at least 10% of the city's registered voters based on the latest registration report. In smaller cities with 1,000 or fewer registered voters, the petition needs signatures from either 25% of the voters or 100 voters, whichever is less. If these conditions are met, the ordinance won't take effect immediately, and the city must take another look at it.
Section § 9237.2
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.
Section § 9237.5
This law section explains that the existing rules about how to format petitions, the responsibilities of county election officials, and how to conduct elections also apply when you're handling petition procedures and submitting ordinances for a vote.
Section § 9238
This section explains the requirements for creating a referendum petition to challenge an ordinance passed by a city council. The top of each petition page must say “Referendum Against an Ordinance Passed by the City Council.”
Every section of the petition needs to include the ordinance’s identifying number or title and either the full text or a 5,000-word summary prepared by the city attorney. If the city attorney doesn’t approve a summary in time, the proponents' version is used. The proponents have 30 days to gather signatures, and the ordinance cannot take effect until this period is over. Petition design and signature declarations must follow specific formats outlined in other sections.
Section § 9239
This statute states that petitions need to be submitted to the city elections official at their office during normal posted business hours. The elections official is responsible for counting the signatures on each petition according to the rules outlined in Section 9210.
Section § 9240
Once a petition is filed, the city's elections official needs to check it and confirm the results, just like they do with county petitions. However, instead of sending results to the county's board of supervisors, they send them to the city's legislative body, like a city council.
Section § 9241
If a petition is filed against a local ordinance and the city council or similar legislative body doesn’t completely repeal it, they must give voters the chance to decide on the ordinance. This can be through the next regular municipal election or a specially called election, both happening no sooner than 88 days after they make the decision. The ordinance only goes into effect if more than half the voters support it. If voters don't approve it or if it's repealed, the ordinance can't be brought back for another year.
Section § 9242
If you're gathering signatures for a petition about a new city ordinance, you have 30 days from when the ordinance is adopted to collect and submit the signatures. Make sure to submit the petition to the city's election official during their office hours. If you miss this 30-day deadline, your petition won't be valid.
Section § 9243
This law section states that any elections held under this article must follow the rules and procedures laid out in Sections 9217 through 9225.
Section § 9244
This law section explains that if a city's legislative body votes to repeal an ordinance after voters have protested, but the mayor vetoes this decision, and the legislative body doesn't manage to override the veto, the ordinance won't be repealed. The inability to override the veto means the decision to repeal fails.
Section § 9245
This section explains how to determine the official date an ordinance is considered finally passed. If the mayor's approval is needed, the date they approve it is the date of final passage. If no action is taken and the approval or veto period expires, then the date the period ends becomes the final passage date.
Section § 9246
This law states that any responsibilities a city council has for organizing and handling a municipal election also apply to any other officials who have related duties. Everyone involved must do what's necessary to ensure the election process is completed as required by law.
Section § 9247
This law section states that certain rules don't apply to cities with a specific type of government charter. These cities can have their voters directly create laws, which means the regular rule doesn't cover them. Additionally, the rules don't apply to city projects like street improvements or changes where the costs are paid through special real estate assessments.