Oakland Municipal Code Art. I General Provisions

Except as otherwise set forth in this chapter, all city elections and all procedures relating thereto shall be, where practicable, in accordance with the applicable provisions of state law relating to elections in general law cities.

(Prior code § 11-1.01)

The City Council shall have the power to call a special municipal election by resolution, provided that the election date must be at least eighty-eight (88) days after the date that the City Council calls the election and, notwithstanding any other provision of the State of California Elections Code. Except as otherwise provided by ordinance or City Charter, the City Council shall have the power and may exercise the option to utilize alternative voting procedures in addition to mail ballot voting, including, but not limited to, electronic voting, and extended voting periods and/or traditional in-person voting at polling places. Upon receipt of the certified results of the election from the elections official conducting the election, the City Clerk shall certify the results to the City Council and the City Council shall declare the results of the election and install the newly elected officers no later than the next regularly scheduled City Council meeting or at a special meeting called for that purpose.

(Ord. No. 13841, § 1, 5-6-2025; Ord. No. 13081, § 3, 7-19-2011)

Editor's note— Ord. No. 13841, § 1, adopted May 6, 2025, amended the title of § 3.08.015 to read as herein set out. The former § 3.08.015 title pertained to 2011 special municipal election.

"Municipal Nominating Elections" and "General Municipal Elections" as referred to in Sections 1100 and 1101 of the Charter adopted November 5, 1968, are and shall be deemed to be general municipal elections, within the meaning of Section 205 of said Charter.

(Prior code § 11-1.02)

No informalities in conducting municipal elections shall invalidate the same if they have been conducted fairly and in substantial conformity to the requirements of law.

(Prior code § 11-1.03)

A. Authorization of Youth Voting in School Board Elections. Persons aged sixteen (16) and seventeen (17), who are otherwise eligible to vote under California State law, may vote for the office of School Board Director in School Board Elections in a given election if so authorized in the legislation required by law to call the election. Youth voting shall be conducted and administered in accordance with City Charter, Article XI, Section 1103.

Notwithstanding any other provision of the Charter or Oakland Municipal Code, youth voting will only commence once the Alameda County Registrar of Voters has taken all steps necessary and is able to conduct the election on behalf of the City in accordance with the requirements and procedures of State law and this Section.

Notwithstanding any other provision of the Charter or Oakland Municipal Code, youth voting will only be permitted in a given election for School Board Directors if so authorized in the ordinance, resolution, and/or any other documentation required by law to call the election and filed with the Alameda County Registrar of Voters on or before eighty-eight (88) days prior to the election, or as otherwise filed as required by law.

B. Definitions.

1. "School Board Election" means an election, including recall election, for the office of School Board Director.

2. "School Board Director" means a District School Director of the Oakland Unified School District Board of Education, pursuant to Charter Section 404.

3. "Youth Voter" means a person aged sixteen (16) or seventeen (17) who has pre-registered to vote and is eligible to vote for the office of School Board Director in School Board Elections.

C. Youth Voting Procedures.

1. Registration, pre-registration under State law, pursuant to the procedures developed by the California Secretary of State, shall be the exclusive means by which a person aged sixteen (16) or seventeen (17) may register to vote in a School Board Election. Any person aged sixteen (16) or seventeen (17) who is pre-registered to vote with the California Secretary of State and otherwise eligible to vote for the office of School Board Director under State law will automatically be registered to vote in School Board Elections.

2. Youth Voter Information. Unless otherwise required by State law, the Alameda County Registrar of Voters may release deidentified youth voter information for the purposes of candidate campaigns under California Elections Code section 2194.

3. Voting Procedures and Notice. The City may enter into agreements with the County of Alameda and/or other jurisdictions implementing youth voting setting forth the terms by which youth voting will be implemented, including by specifying the manner, method, or times in which youth voting may be conducted and such votes may be cast. The manner, method or time for youth voting need not be the same as for other persons voting in City elections. The Alameda County Registrar of Voters shall provide public notice of the procedures for how youth voters may vote in the School Board election.

D. Limitations. This Section shall apply only to the ability to cast a ballot in School Board elections for School Board Directors of the Oakland Unified School District. This Section shall not authorize youth voters to qualify or be a candidate, including a write-in candidate, for the office of School Board Director, pursuant to the Oakland Charter or Oakland Municipal Code Chapter 3.08. This Section shall not authorize youth voters to sign nominating petitions or qualifications statements for candidates pursuant to Oakland Municipal Code Chapter 3.08. Nothing in this Section shall alter the definition of "voters" or "qualified elector" as generally used in the Oakland Charter or Oakland Municipal Code.

This Section shall only apply to the extent the Alameda County Registrar of Voters and/or its election management system are able to conduct youth voting elections pursuant to State law and pursuant to required Secretary of State certifications.

(Ord. No. 13804, § 2, 7-16-2024)