Fairfax Municipal Code Ch. 2.04 Municipal Elections

(A) Beginning with the November, 2020 election, all general municipal elections shall be held on the first Tuesday after the first Monday in November of even-numbered years and shall be consolidated with the statewide general election held on that day.

(B) When a municipal election is held in the town and the election is consolidated with another election, the provisions contained in Cal. Elections Code §§ 23300 et seq. shall govern the consolidation, and, if the County Clerk is requested to conduct the municipal election, Cal. Elections Code § 22003 shall be applicable to that election.

(Prior Code, § 2.02.010) (Ord. 620, passed - -1993; Am. Ord. 807, passed 5-3-2017)

(A) If a vacancy occurs on the Town Council, the Town Council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy as provided by Cal. Gov’t Code § 36512(b).

(B) If the Town Council fills the vacancy by appointment, the person appointed shall hold office only until the date on which the town holds a special election, which shall immediately be called to fill the remainder of the term as permitted under Cal. Gov’t Code § 36512(c)(3). The special election may be held either on the date of the next regularly established election or regularly scheduled municipal election to be held throughout the town not less than 114 days from the call of the special election, as provided by Cal. Gov’t Code § 36512(c)(3).

(Ord. 769, passed 4-3-2013; Am. Ord. 807, passed 5-3-2017)

(A) Required use of electronic filing system.

(1) Except as set forth in division (B) of this section, any elected officer, candidate, committee, other person required to file specified statements, reports, forms, or other documents with the Town Clerk as required by Chapter 4 (commencing with § 84100 of Title 9 of the California Government Code, also known as the Political Reform Act), and that has received contributions or made expenditures of $2,000 or more in a calendar year, may electronically file such statements using the town's online system according to procedures established by the Town Clerk. However, to ensure reporting continuity, once a statement, report, form, or other document is filed electronically on behalf of any elected officer, candidate, committee, or other person, all future statements, reports, forms, and other documents filed on behalf of that officer, candidate, committee, or other person must be filed electronically.

(2) An elected officer, candidate, committee, or other person may choose not to use the electronic filing system by filing all original statements, reports, forms, or other documents in paper format with the Town Clerk, until such time as the Town Council determines that electronic filing is mandatory for all filers.

(B) Paper filing not required after electronic filing. Any elected officer, candidate, committee, or other person who has electronically filed a statement, report, form, or other document using the town's online system is not also required to file a copy of that document in a paper format with the Town Clerk.

(C) Filing options when a copy must be filed with Town Clerk. In any instance in which an original statement, report, form, or other document must be filed with the Secretary of State or other agency, and a copy of that document is required to be filed with the Town Clerk, the filer may electronically file a copy with the Town Clerk, or may file in a paper format.

(D) Paper filing when cannot file electronically. If, for technical reasons, the town's system is not capable of accepting a particular type of statement, report, form or other document, an elected officer, candidate, committee, or other person shall timely file that document in paper format with the Town Clerk.

(E) Internet posting of data. The Town Clerk shall ensure that the town's system makes all electronically filed statements, reports, forms, or other documents available on the internet in an easily understood format that provides the greatest public access. The data shall be made available free of charge and as soon as possible after receipt/deadline. The data made available on the internet shall not contain the street name of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer. The Town Clerk's office shall also make a complete, unredacted copy of the statement, report, form, or other document available to the Fair Political Practices Commission for Government Code § 87200 filers.

(F) Records retention. The Town Clerk's office shall maintain records according to the town's records retention schedule and applicable state law commencing from the date filed, a secured, official version of each online or electronic statement, report, form, or other document, which shall serve as the official version of that record.

(Ord. 889, passed 6-5-2024)