Article II — Elections for Elective Office

The City Clerk shall prepare and issue nomination petitions to all candidates for municipal office. Nomination petitions shall be obtained from and issued by the City Clerk or his or her authorized representative.

The period for the filing of nomination documents by candidates in municipal elections consolidated with the regularly scheduled State elections shall commence on the one hundred thirteenth day prior to the election. The nomination document for municipal elections consolidated with regularly scheduled State

elections shall be filed in the Office of the City Clerk on the eighty-eighth day prior to the election during normal office hours.

Notwithstanding the above, if nomination papers for an incumbent officer of the City are not properly filed by or on the eighty-eighth day before the election, the voters shall have until the eighty-third day before the election during normal office hours to nominate candidates other than the person who was the incumbent on the eighty-eighth day, for that incumbent's elective office. This extension is not applicable where the incumbent is not eligible for the upcoming election.

The City Clerk may, in their discretion, extend normal office hours for the final day of filing. Such hours shall be announced by posting on the City Clerk's website no later than twenty-four (24) hours in advance of the deadline for filing.

The City Clerk shall issue forty (40) nomination petitions to each candidate containing adequate space for five (5) signatures per page, for a total of two hundred (200) signatures and no additional nomination petitions will be issued to any candidate(s). The City Clerk shall accept up to forty (40) nomination petitions from each candidate for verification. Nomination petitions may be issued to the candidate(s) only, in person, or to an authorized representative in possession of a written request of authorization to receive the nomination petitions, signed and dated by the candidate(s). Nomination petitions may only be returned by the candidate(s), in person, and must be signed and dated by the candidate(s).

For district offices, nomination petitions shall bear the signatures of not less than fifty (50) nor more than one hundred (100) registered voters of the city who are residents of the district of the office for which the candidate seeks nomination.

For city-wide offices, nomination petitions shall bear the signatures of not less than fifty (50) nor more than one hundred (100) registered voters who are residents of the city.

Candidates must file original nomination petitions issued by the City Clerk, no copies will be accepted by the City Clerk.

(Ord. No. 13802, § 1, 7-2-2024; Prior code § 11-2.01)

The circulators of nomination petitions for candidates for district office shall be registered voters who are residents of the district of the office for which the candidate seeks nomination. Circulators of nomination petitions for city-wide offices shall be registered voters of the city. The affidavit of circulator must be completed on the bottom of each nomination petition indicating the circulator's name and residence address at which he or she is registered to vote.

(Prior code § 11-2.02)

Every candidate shall at the time the candidate receives nomination petitions from the Office of the City Clerk, pay a deposit of fifty dollars ($50.00) toward the total filing fee, as set forth in the City of Oakland Master Fee Schedule, to be paid by each candidate. Each candidate may pay the total filing fee at the time

the candidate's nomination petitions are issued. However, no portion of that filing fee is refundable. Every candidate shall at the time the candidate's nomination petitions are filed, pay to the City Clerk the balance, if any is due, with credit given for the deposit paid at the time the nomination petitions were issued. A refund is not available regardless of whether the nomination petitions are found sufficient or insufficient.

(Ord. No. 13702, § 2, 7-19-2022; Prior code § 11-2.03)

The Clerk shall accept nomination petitions without payment from any candidate who certifies under penalty of perjury on a form provided by the Clerk that he or she is unable to pay the filing fee; but the obligation to pay the filing fee shall remain a debt owing to the city for a period of two years. Any person who files nomination petitions with an affidavit of inability to pay the filing fee, but who has at the time of filing the nomination petitions, or within two years thereafter, income, compensation, assets, or real property, including the income, compensation, assets or real property of a spouse, shall be liable for the unpaid fees, and interest, in an action by the City Clerk in the name of the city in any court of competent jurisdiction. If a candidate files an affidavit of inability to pay the filing fee, that affidavit applies to the deposit and any remaining balance. An action to collect these unpaid fees must be commenced within two years of the date of filing of the nomination petitions, whether his or her nomination petitions are found sufficient or insufficient.

(Prior code § 11-2.04)

At the time his or her nomination petitions are filed, every candidate shall file with the City Clerk a verified statement of his or her qualifications on a form provided by the City Clerk, setting forth her or his name, the office for which he or she is a candidate, his or her place of residency for the past five (5) years, his or her occupation for the past five (5) years, public offices he or she has held, if any, and a brief description not to exceed one hundred fifty (150) words describing his or her qualifications for the office, including, for example, education and experience. The City Clerk shall reject any statement which includes any of the matters prohibited by general law or which contains any reference whatsoever to any partisan political party or organization including membership or activity therein, or endorsement thereby. Such statement shall also contain the signatures and addresses of not less than ten (10) nor more than twenty (20) registered voters that are residents of the City sponsoring such candidate, who need not have signed such candidate's nomination petition. Such candidate may also file with his or her qualifications statement a true and accurate portrait photograph of such candidate taken within two (2) years prior thereto and suitable for newsprint. The photograph must be at least four (4) by six (6) inches in size. A copy of such qualifications statement and a reproduction of the photograph, if furnished, shall be mailed by the City Clerk to each qualified elector with the sample ballot for said election. The qualifications statement mailed by the City Clerk with the sample ballot shall be printed and distributed without the inclusion of the addresses of the candidate and his or her sponsors. No qualifications statement shall be filed by candidates at a second or general municipal election following the nominating municipal election or shall any qualifications statement or photograph be distributed to the voters by the City Clerk prior to such second election.

(Ord. No. 13802, § 1, 7-2-2024; Prior code § 11-2.05)

Every person who desires to be a write-in candidate and have his or her name as written on the ballot of a municipal election counted for a particular office shall file:

A.

A statement of write-in candidacy which shall contain the following information:

Candidate's name,

Residence address,

A declaration stating that he or she is a write-in candidate,

The title of the office for which he or she is running, and

The date of the election;

B.

The requisite number of signatures on the nomination petitions required pursuant to Section 3.08.040.

(Prior code § 11-2.06)

The qualifications statement and nomination petitions of write-in candidates shall be filed with the City Clerk no later than the fourteenth day prior to the election.

(Prior code § 11-2.07)

The nomination petitions for a write-in candidate and the document in which circulators are appointed by the write-in candidates shall be in the same form as those petitions and documents used for candidates who are not write-in candidates.

(Prior code § 11-2.08)

Signers of nomination petitions for district write-in candidates shall be registered voters who are residents of the district of the office for which the candidate seeks nomination. Signers of nomination petitions for city-wide write-in candidates shall be registered voters of the city.

(Prior code § 11-2.09)

Every write-in candidate shall at the time his or her nomination petitions are filed, pay to the City Clerk a filing fee of twenty-five dollars ($25.00). The City Clerk shall accept nomination petitions without payment from any write-in candidate who certifies under penalty of perjury, on an affidavit of inability to pay the filing fee provided by the City Clerk, that he or she is unable to pay the filing fee; but the obligation to pay the filing fee shall remain a debt owing to the city, for a period of two years.

(Prior code § 11-2.10)

Editor's note— Ord. No. 12998, § 1, adopted March 2, 2010, repealed the former section 3.08.140 in its entirety, which pertained to the election of candidates, and derived from the prior code, § 11-2.11.

A.

Within ten days following the last day on which nominating petitions may be filed for an Oakland municipal election in which nominating petitions are accepted, the City Clerk shall hold a public drawing to determine the order in which the names of qualifying candidates for each office shall appear on the ballot.

The City Clerk shall write the name of each candidate for an office on a slip of paper, fold the slip so as to conceal the name and place the slip in a box. The City Clerk shall then draw the slips of paper from the box until all the slips are withdrawn. The names of candidates shall be printed on the ballot in the order in which the slips of paper containing the names of candidates are drawn.

B.

Reserved.

C.

At least five days prior to the date on which any drawing is conducted pursuant to this Section, the City Clerk shall place a notice on the official bulletin board, City Hall, specifying the time, date, and location of the drawing.

(Ord. No. 12998, § 1, 3-2-2010; Prior code § 11-2.12)

A.

At all municipal elections, the roster kept by each precinct shall be in the form of an index to the affidavits of registration for that precinct. The index shall provide space of sufficient size to allow each voter to sign his or her name and address.

B.

At all precincts in the city, the roster referred to in subsection A of this section shall be used in place of, and shall be deemed the equivalent of, the original affidavits of registration on file with the Registrar of Voters.

(Prior code § 11-2.13)

A.

For Oakland municipal election purposes, the city offices shall consist of Mayor, Councilmembers, City Auditor and School Directors.

B.

At all Oakland municipal elections, the order of precedence for city offices on the ballot shall be as listed below for those offices which apply to the election for which this ballot is provided:

Mayor;

Councilmembers, by numerical order of districts;

City Auditor; and

School Directors, by numerical order of districts.

(Prior code § 11-2.14)

Articles III. - Elections on City Measures

Any person(s) filing a notice of intent to circulate an initiative petition in the City shall pay a filing fee as set forth in the City of Oakland Master Fee Schedule, to be refunded to the filer if, within one (1) year of the date of filing the notice of intent, the City Clerk certifies the sufficiency of the petition.

(Ord. No. 13702, § 3, 7-19-2022; Prior code § 11-3.01)

At any municipal election, the City Council may submit an advisory measure to obtain information for or advice to the City Council. The majority vote on any such measure shall be advisory only, and not binding on the City Council.

(Prior code § 11-3.02)

Whenever any city measure qualifies for a place on the ballot, the City Clerk shall transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial legal analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The analysis shall be printed preceding the arguments for and against the measure. The analysis shall not exceed five hundred (500) words in length.

(Prior code § 11-3.03)

Whenever any city measure qualifies for a placement on the ballot, the City Clerk shall transmit a copy of the measure to the City Auditor. The City Auditor shall determine whether, in his or her opinion, the adoption of the measure will increase or decrease the cost of city government or the city tax rate, and the City Auditor shall prepare an impartial analysis of the measure covering its financial impact upon the city government. In preparing the financial analysis the City Auditor shall consult with the Director of Finance and the City Council Rules Committee. The financial analysis shall be printed preceding the arguments for and against the measure, and shall not exceed five hundred (500) words in length.

(Prior code § 11-3.04)

Notice of the date fixed for submission of arguments for or against any city measure shall be published by the City Clerk pursuant to Section 6061 of the Government Code of the state of California.

(Prior code § 11-3.05)

Immediately upon the selection by the City Clerk of direct arguments for and against a city measure, the City Clerk shall immediately send copies of the arguments in favor to the persons who filed arguments against. The City Clerk shall also send copies of the arguments against to the persons who filed argument in favor. Such persons shall thereupon be allowed to prepare and submit a rebuttal argument not exceeding two hundred fifty (250) words. The rebuttal arguments shall be filed with the City Clerk on a date established by resolution of the City Council. 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.

(Prior code § 11-3.06)

A.

Whenever any City Council originated measure qualifies for a place on the ballot, the City Clerk shall immediately transmit a copy of the measure to the City Attorney. The City Attorney shall prepare a ballot title and summary for the measure within fifteen (15) days. The ballot title and summary may differ from the legislative or other title of the measure and shall describe in five hundred (500) words or less the provisions of the measure. In furnishing the ballot title and summary, the City Attorney shall give a true and impartial description of the provisions in such language that the ballot title and summary shall not be an argument or likely to create prejudice either for or against the measure. The ballot title and summary shall be part of the official election materials available to voters.

B.

When any registered voter believes that subsection A of this section has been violated, the voter may obtain a writ of mandate pursuant to applicable state law requiring the ballot title and summary prepared by the City Attorney to be amended.

(Prior code § 11-3.07)

Upon the qualification for the ballot of a measure which repeals or amends the City Charter or a city ordinance, the City Attorney shall prepare the text so that it contains the provisions of the proposed measure and the existing provisions of the Charter or ordinance repealed or amended by the measure. The provisions of the proposed measure differing from the existing provisions of the Charter or ordinance affected shall be distinguished in print, so as to facilitate comparison. The text shall be prepared within fifteen (15) days of receipt of the measure from the City Clerk, and it shall be part of the official election materials available to voters.

(Prior code § 11-3.08)