County ChartersEnacting a Charter
Section § 23700
This law allows counties in California to create new charters or make changes to existing ones, following specific procedures outlined in this chapter.
Section § 23701
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.
Section § 23702
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.
Section § 23705
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.
Section § 23706
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.
Section § 23707
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.
Section § 23708
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.
Section § 23709
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.
Section § 23710
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.
Section § 23711
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.
Section § 23712
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.
Section § 23713
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.
Section § 23714
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.