Division IV — VOTER'S PAMPHLET

Whenever the people by an initiative petition or the City Council, on its own motion, proposes any measure for approval or disapproval of the voters at an election, the procedure set forth in this Division shall be employed to inform the voters concerning the same. The procedure set forth in this Division shall also apply to measures placing an ordinance on the ballot as a result of a referendum petition.

(ORD-23-0049 § 2(Exh. A), 2023)

The Mayor, with the approval of the City Council, may designate a person, or association of persons, to write arguments either for or against or both for and against the adoption of any measure placed on the ballot. In making such designation the Mayor shall designate one (1) of the following:

A.

The Mayor;

B.

An officeholder;

C.

An appointive officer of the City;

D.

An association of citizens; or

E.

An individual voter.

Provided, however, in no event shall more than one (1) argument for and one (1) argument against any measure be submitted to the voters. Whenever arguments are to be presented on one (1) side of a measure, all reasonable effort shall be made to obtain an argument in support of the opposite side to the end that whenever an argument for one (1) side is to be presented, arguments for both sides shall be presented.

(ORD-23-0049 § 2(Exh. A), 2023)

Arguments for or against any measure shall not exceed three hundred (300) words each, and shall be submitted to the City Clerk on or before the date set by the City Clerk to permit the preparation of rebuttal arguments as provided in this Division. All dates relating to the submission of arguments or rebuttal arguments shall be set by the City Clerk to ensure timely printing of the arguments and rebuttal arguments for the sample ballots required by law.

(ORD-23-0049 § 2(Exh. A), 2023)

A.

If any person submits an argument against a City measure, and an argument has been filed in favor of the City measure, the Clerk shall immediately send copies of that argument to the persons filing the argument in favor of the City measure. The persons filing the argument in favor of the City measure may prepare and submit a rebuttal argument not exceeding two hundred fifty (250) words.

B.

The Clerk shall send copies of the argument in favor of the measure to the persons filing the argument against the City measure, who may prepare and submit a rebuttal to the argument in favor of the City measure not exceeding two hundred fifty (250) words. The rebuttal arguments shall be filed with the Clerk not more than ten (10) days after the final date for filing direct arguments.

C.

Copies of rebuttal arguments shall not be released by the City Clerk to proponents or opponents of measures or to the public before the deadline for filing such arguments.

D.

Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

(ORD-23-0049 § 2(Exh. A), 2023)

All arguments and all rebuttal arguments shall include the printed name and the signature of the person or association preparing such arguments. In cases where arguments are prepared by an association, the name and signature of at least one (1) of the principal officers of such association shall be submitted with the argument. The name or names of the person or persons signing the arguments shall be shown on the copies of the arguments submitted to the voters, as provided in this Division. No more than five (5) signatures shall appear with any argument printed in the ballot pamphlet. In case any argument is signed by more than five (5) persons, the signatures of the first five (5) shall be printed.

(ORD-23-0049 § 2(Exh. A), 2023)

When an argument for or an argument against the adoption of any measure or any rebuttal argument has been prepared as provided in this Division and submitted within the required time, it shall be printed and submitted to each voter and may be mailed together with the sample ballot for the election concerned.

(ORD-23-0049 § 2(Exh. A), 2023)

When a pamphlet is prepared containing proposed Charter amendments or other measures, the proposed Charter amendments, measures and such argument or arguments and rebuttal arguments may be combined therein in an appropriate manner, or may be printed separately. The fact that only an argument

for or only an argument against a measure is so prepared and submitted shall not prevent the argument being so submitted to each voter.

(ORD-23-0049 § 2(Exh. A), 2023)

Argument for and argument against the adoption of any measure or any rebuttal argument shall appear in the same order as on the ballot, and each argument shall refer to the respective number or letter and the title or heading on the ballot.

(ORD-23-0049 § 2(Exh. A), 2023)

Whenever any City measure qualifies for a place on the ballot, the City Attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. If the measure affects the organization of salaries of the office of the City Attorney, the City Council may direct the City Clerk to prepare the impartial analysis. The analysis shall be printed preceding the arguments for and against the measure. The analysis shall not exceed five hundred (500) words in length.

(ORD-23-0049 § 2(Exh. A), 2023)

Whenever any Charter amendment qualifies for a place on the ballot, the City Council may direct the City Clerk to have the amendment printed in the pamphlet containing the impartial analysis, arguments and the rebuttal argument so as to indicate the material being deleted and the new material being added thereto.

(ORD-23-0049 § 2(Exh. A), 2023)

A.

The failure to appoint persons to draft the arguments or the failure of the arguments or rebuttal arguments to be prepared or submitted to the voters as contemplated by this Division, shall not affect the validity of any election held pursuant to law applicable to the City in the holding of elections.

B.

No election, proceeding, or measure, otherwise valid, shall be deemed invalid for any failure to conform to the time limits specified in this Division, provided the voters of this City, voting thereon, have voted in favor of the measure.

(ORD-23-0049 § 2(Exh. A), 2023)

Notwithstanding any provision of the California Elections Code, for primary and special elections the City Clerk shall make a copy of the material referred to in California Elections Code Sections 9223, 9280, 9281, 9282 and 9285 available for public inspection in the City Clerk's office for a period of eight (8) business days immediately following the filing deadline for submission of those materials. Any person may obtain a copy of the materials from the City Clerk during normal business hours for use outside of the City Clerk's office. The City Clerk may charge a fee to any person obtaining a copy of the material. The fee may not exceed the actual cost incurred by the City Clerk in providing the copy. During the eight (8) business day public examination period provided by this Section, any voter of the jurisdiction in which the election is being held, or the elections official, may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted. The writ of mandate or injunction request shall be filed no later than the end of the public examination period.

(ORD-23-0049 § 2(Exh. A), 2023)

A.

For primary and special elections the City Clerk shall make a copy of the material referred to in Section 13307 available for public inspection in the City Clerk's office for a period of ten (10) calendar days immediately following the filing deadline for submission of those materials. Any person may obtain a copy of the materials from the City Clerk during normal business hours for use outside of the City Clerk's office. The City Clerk may charge a fee to any person obtaining a copy of the material. The fee may not exceed the actual cost incurred by the City Clerk in providing the copy.

B.

During the ten (10) calendar day public examination period provided by this Section, any voter of the jurisdiction in which the election is being held, or the elections official, may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted. The writ of mandate or injunction request shall be filed no later than the end of the public examination period.

(ORD-23-0049 § 2(Exh. A), 2023)