Berkeley Municipal Code Ch. 2.90 Binding Review of Initiative and Referendum Petitions by the City Clerk…

The council finds as follows:

A. The initiative and referendum process provides an important method for citizens of Berkeley to propose legislation and review council enacted legislation.

B. The initiative and referendum provisions of the California Election Code specify certain requirements as to form that each petition must meet prior to acceptance of the petition by the City Clerk.

C. The California Election Code provisions are complex and difficult to interpret.

D. In order to facilitate the circulation of citizen initiatives and referenda, it is necessary for the City Clerk to provide some guidance to citizens regarding the petition requirements of the California Election Code.

E. City Charter Section 92(10) authorizes the council to enact by ordinance appropriate legislation necessary to implement Charter Section 92 regarding initiatives; Charter Section 95 authorizes the council to enact appropriate legislation to implement Article XIV of the Charter regarding referendum and Charter Section 118 authorizes the council to enact legislation which may be necessary and proper to carry out any of the provisions of the Charter.

F. Enactment of legislation providing for review of initiative or referendum petitions by the City Clerk is necessary and proper for the reasons set forth above. (Ord. 5729-NS § 1, 1986)

The City Clerk, at the request of proponents of an initiative or referendum, shall review any referendum or initiative petition prior to circulation and advise proponents, in writing, of any violation of the California Election Code apparent on the face of the petition. (Ord. 5729-NS § 2, 1986)

A. The City Clerk shall complete any requested review of an initiative petition within three working days after a review is requested.

B. The City Clerk will complete any review of a referendum petition within one working day of submission. (Ord. 5729-NS § 3, 1986)

No initiative or referendum petition shall thereafter be deemed insufficient as to form by the City Clerk if the alleged defect was present at the time of the City Clerk’s review and the City Clerk failed to advise the proponents of such defect in writing. In such event, the initiative or referendum shall be deemed to have substantially followed the applicable legal requirements notwithstanding any such pre-existing defect. (Ord. 5729-NS § 4, 1986)

The City Clerk shall retain a copy of all petitions reviewed as well as the Clerk’s written determination as to the legal sufficiency of such petitions for six months subsequent to such review. (Ord. 5729-NS § 5, 1986)