Section § 23700

Explanation

This law allows counties in California to create new charters or make changes to existing ones, following specific procedures outlined in this chapter.

Counties may enact charters or revise existing charters according to the provisions of this chapter.

Section § 23701

Explanation

This law explains how a county can start the process to create or change its charter, which is like a constitution for local government. The process can begin in two ways: first, through an ordinance (which is a local law) passed by most of the county's governing body members saying they need a 15-member charter commission elected by the public; or second, by a petition signed by enough county voters. This charter commission is responsible for drafting the charter, which voters will ultimately approve or reject at an election.

Proceedings to enact or revise a charter may be initiated by ordinance, adopted by a majority vote of the members of the governing body of each county. The ordinance shall declare that the public interest requires the election of a charter commission composed of 15 qualified electors of the county, to be elected by the qualified electors of the county, at a general or special election. Proceedings to enact or revise a charter may also be initiated by a petition of qualified electors of the county as provided in this chapter.

Section § 23702

Explanation

This law states that if someone wants to propose a new city charter or change an existing one, they must follow specific procedures outlined in the California Elections Code, starting from Section 9100 of Chapter 2, Division 9.

Petitions to propose or revise a charter shall be subject to Article 1 (commencing with Section 9100) of Chapter 2 of Division 9 of the Elections Code.

Section § 23705

Explanation

This law states that when either a new ordinance is adopted or a petition is presented, the local government must organize a special election to choose a charter commission. This election must take place on a predetermined election date that is at least 88 days after the ordinance is adopted or the petition is presented.

Upon the adoption of such ordinance, or the presentation of such petition, the governing body shall order the holding of a special election for the purpose of electing a charter commission, which special election shall be held on the next established election date not less than 88 days after the adoption of the ordinance or the presentation of the petition to the governing body.

Section § 23706

Explanation

If you're running for a position on the charter commission, you need to be nominated just like someone running for a county office, following the same general legal process.

Candidates for election as members of the charter commission shall be nominated substantially in the same manner provided by general law for the nomination of candidates for county offices.

Section § 23707

Explanation

In an election, voters first decide if a charter commission should be set up to propose or change a city charter. If most voters agree, the top 15 candidates with the most votes become the commission members. If there isn't majority support for setting up a commission, then no commission is created.

At such election the electors shall vote first on the question “Shall a charter commission be elected to propose or revise a charter?” and secondly, for the candidates for the office of charter commissioner. If the first question receives a majority of the votes of the qualified voters voting at such election, the 15 candidates for the office of charter commissioner receiving the highest number of votes shall forthwith organize as a charter commission, but if the first question receives less than a majority of the votes of the qualified voters voting at such election, no charter commission shall be deemed to have been elected.

Section § 23708

Explanation

This section explains that the charter commission must create and suggest a new or updated charter for the county. The charter needs to be signed by most members of the commission and filed in two places: the county clerk's office and the county recorder's office.

It shall be the duty of the charter commission to prepare and propose a charter or revised charter for the county, which shall be signed in duplicate by the members of the charter commission, or a majority of them, and be filed, one copy in the office of the county clerk and the other in the office of the county recorder.

Section § 23709

Explanation

If there's a proposed or revised charter for a county, the elections official must print it, and any voter can get a copy by asking for it. Additionally, the impartial analysis of the charter will inform voters that they can request a free mailed copy by calling the elections official’s office.

The county elections official shall cause the complete text of the proposed charter or revised charter to be printed. A copy of the proposed charter shall be made available to any voter upon request.
The impartial analysis prepared pursuant to Section 9160 of the Elections Code shall include a statement notifying voters that they may call the elections official’s office and request that a copy of the proposed or revised charter be mailed to them at no cost.

Section § 23710

Explanation

This law section states that once a proposed or revised charter for a county is ready, the county's governing body must present it to the registered voters for a vote. The vote should take place during a special election, which must be scheduled on the next established election date at least 88 days after the charter has been published or posted as per the rules outlined in Section 23709.

The proposed charter or revised charter shall be submitted by the governing body to the eligible registered voters of the county at a special election held on the next established election date not less than 88 days after the completion of the publication, or posting provided for in Section 23709.

Section § 23711

Explanation

This law allows a county's governing body in California to propose or revise a county charter and submit it for voter approval. They can do this either at a special election specifically called for this purpose or at any other general or special election. The proposed charter must be advertised in the same way as charters proposed by a charter commission. The election to vote on the charter must be held at least 88 days after the advertisement is complete.

As an alternative to the procedure provided for in Sections 23700 through 23710 of this article, the governing body of any county, on its own motion may propose or cause to be proposed or revise or cause to be revised, a proposed charter and submit the proposal for adoption to the voters at either a special election called for that purpose or at any general or special election. Any charter so submitted shall be advertised in the same manner as provided for the advertisement of a charter proposed by a charter commission; and the election on such charter shall be held on the next established election date not less than 88 days after the completion of the advertising in the official paper.

Section § 23712

Explanation

This law explains that if voters approve a proposed or revised county charter during an election, it is considered ratified. However, the charter will only become effective once it is accepted and filed by the Secretary of State as outlined in another section.

If the electors, voting at a general or special election, shall vote in favor of the charter proposed or revised by a charter commission or the governing body of a county, it shall be deemed to be ratified, but shall not take effect until accepted and filed by the Secretary of State pursuant to the provisions of Section 23713.

Section § 23713

Explanation

This law outlines the procedure for handling the official documents related to a county charter proposal or change in California. Once the charter changes are ratified by voters, two copies of the full text must be prepared. These copies need certification by certain county officials to confirm they were presented to and approved by the voters. One copy is recorded with the county recorder and then filed with the county elections office. The second copy is sent to the Secretary of State, accompanied by certified publications, notices, any voter arguments, and the election results showing voter approval.

Two copies of the complete text of a charter proposal or of any revised, amended, or repealed section ratified by the electors of a county shall be certified and authenticated by the chairperson and clerk of the governing body and attested by the county elections official, setting forth the submission of the charter to the electors of the county, and its ratification by them. One copy shall be recorded in the office of the recorder of the county and then shall be filed in the office of the county elections official.
The county elections official shall file the second copy with the Secretary of State along with the following:
(a)CA Government Code § 23713(a) Certified copies of all publications and notices required of the county by this chapter or by the laws of this state in connection with an election to propose or revise a county charter.
(b)CA Government Code § 23713(b) Certified copies of any arguments for or against the charter proposal or revision that were mailed to voters pursuant to Sections 9162 and 13303 of the Elections Code.
(c)CA Government Code § 23713(c) A certified abstract of the vote at the election at which the charter proposal or revision was approved by the voters.

Section § 23714

Explanation

If voters in a county approve a charter proposal or revision, and it is submitted correctly, the Secretary of State must accept and officially file it. This filed charter is then published under a specific series in the state's statutes, noting the election and filing dates.

Once filed, the charter becomes the main governing document for that county on the subjects it covers, replacing any previous charter or conflicting laws related to those subjects.

A charter proposal or revision ratified by the voters of a county and submitted to the Secretary of State in compliance with the provisions of this chapter shall be accepted and filed by the Secretary of State. The charter shall be published in the statutes in a charter chapter series under the designation “Statutes of ____ (year), Charter Chapter ____.” Under the chapter number, the date of the ratification election and the date of filing with the Secretary of State shall be indicated.
A charter accepted and filed by the Secretary of State shall be the charter of such county and shall become the organic law thereof relative to the matters provided therein, and supersede any existing charter, and shall supersede all laws inconsistent with such charter relative to the matters provided in such charter.