Chapter 2.40 — MUNICIPAL ELECTIONS

Except as otherwise provided in this code, all elections called and held in the city shall be held and conducted in manner and form as required by the general laws of the state governing elections within municipalities.

(Ord. 2146 (part), 1963: prior code § 2.701)

(a) The city council is authorized to conduct elections wholly by mail ballot as described in subsection (b) of this section. The city council shall determine whether an election will be conducted by mail at the time the election is called. Actions of the city council pursuant to this section shall be set forth in a resolution approved at a regular or special meeting of the city council.

(b) The following items may be the subject of a mail ballot election:

(1) Any election to approve a special tax as required or authorized by Article XIII C of the California Constitution.

(2) Any election to approve a property-related fee or charge as required or authorized by Article XIII D of the California Constitution.

(3) Any assessment ballot proceeding required or authorized by Article XIII D of the California Constitution; provided, however, that such a proceeding shall be denominated an "assessment ballot proceeding" rather than an election.

(c) Elections authorized by this section shall not occur on the same date as a statewide direct primary election or statewide general election.

(d) Elections authorized by this section shall be deemed to be special elections within the meaning of Section 3 of Article III of the Charter of the City of Palo Alto and shall be conducted in accordance with special provisions as may be adopted by resolution of the city council with respect to assessment ballot proceedings and elections for property-related fees and charges, and, with respect to elections on taxes, in accordance with the provisions for mail ballot elections set forth in Elections Code Sections 4100 and following, as now exist or may hereafter be amended, and in accordance with the provisions of this chapter.

(Ord. 4647 § 2, 2000)

When the council acts as a canvassing board to canvass election returns, it shall meet for that purpose and duly canvass the election returns at its next regular meeting or at a special meeting called for that purpose.

(Ord. 2146 (part), 1963: prior code § 2.702)

Any person otherwise qualified may be a candidate for an elective office at any election, regular or special, by filing with the clerk within the time prescribed in the Elections Code of California a petition signed by at least twenty-five qualified and registered voters. Any duly established candidacy filing fee shall be waived for each candidate who files a petition signed by at least four qualified or registered voters for each dollar of such filing fee.

(Ord. 4046 § 1, 1991: Ord. 2146 (part), 1963: prior code § 2.703)

(a) Whenever any ordinance or measure is to be submitted to the electors at any municipal election, the city clerk shall cause a ballot question and the full text of the ordinance or measure to be printed in the sample ballot. The city clerk shall refer the ordinance or measure to the city attorney for preparation of the ballot question. The ballot question may differ from any other title of the ordinance or measure, and shall express the purpose of the ordinance or measure.

(b) If the ordinance or measure exceeds fifty pages when printed or typed single-spaced with not less than 12-point type, the city clerk shall cause a summary of the full text of the ordinance or measure to be prepared and printed in the sample ballot. The city clerk shall refer the ordinance or measure to the city attorney who shall prepare a true and impartial summary of the full text of the ordinance or measure in such language that the summary shall neither be an argument, nor be likely to create prejudice, for or against the proposed measure.

(c) In the event the full text of the ordinance or measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the summary, in no less than 10-point bold type, a legend substantially as follows:

The above statement is an impartial summary of the [ordinance or measure title]. If you desire a copy of the ordinance or measure, please call the Palo Alto City Clerk's Office at [insert telephone number] and a copy will be mailed at no cost to you.

(Ord. 4434 § 2, 1997: Ord. 3748 § 1, 1987)

The city clerk shall post online on the city's public website within five days of the date on which campaign statements are required to be filed in accordance with applicable California and local laws, rules and regulations, including the rules and regulations of the California Fair Political Practices Commission, the name of each person and committee from whom a contribution or contributions totaling $50.00 or more have been received, the amounts each person or committee contributed, and the candidates or committees which received such amounts, as such information appear on the campaign statements filed within the six-month period prior to the election pursuant to Article 2, (commencing with Section 84200) of the Government Code.

For the purposes of this section, the definitions contained in Chapter 2 (commencing with Section 82000) of the Government Code apply.

(Ord. 5045 § 1, 2009: Ord. 3189 § 1, 1980: Ord. 2843 § 1, 1975)

No person shall make an anonymous contribution or contributions to a candidate, committee, or any other person totaling $50.00 or more in a

calendar year. An anonymous contribution between $50.00 and $100.00 shall not be kept by the intended recipient, but instead shall be promptly paid to the city clerk for deposit in the general fund of this city.

(Ord. 3189 § 2, 1980)

Each campaign statement required to be filed by Article 2 of Chapter 4 of the Political Reform Act of 1974, shall contain, in addition to any other required information:

(a) The total amount of contributions received during the period covered by the campaign statement from persons who have given less than $50.00.

(b) The full name of each person from whom a contribution or contributions totaling between fifty and $100.00 has been received, together with the contributor's street address, occupation, and the name of the contributor's employer, if any, or the principal place of business if the contributor is self-employed, the amount of the contribution, and the date the contribution was received.

(Ord. 3189 § 3, 1980)

(a) Any elected officer, candidate, committee, or other person required to file statements, reports or other documents described by Chapter 4 (Campaign Disclosure) of Title 9 (Political Reform) of the California Government Code, and that has received contributions and made expenditures of $1,000 or more, shall electronically file such statements using procedures established by the city clerk.

(b) Once an elected officer, candidate, committee, or other person files a statement, report, or other document electronically pursuant to subsection (a), all future statements, reports, or other documents on behalf of that filer shall be filed electronically.

(c) In any instance in which an original statement, report, or other document must be filed with the California Secretary of State and a copy of that statement, report, or other document is required to be filed with the city clerk, the filer may, but is not required to file the copy electronically.

(d) If the city clerk's electronic system is not capable of accepting a particular type of statement, report, or other document, an elected officer, candidate, committee, or other person shall file that document with the city clerk in an alternative format.

(Ord. 5249 § 2, 2014)

• Editor's Note: Ordinance 4424, establishing this section, was suspended from enforcement by City Council on June 15, 1999.

(a) Pursuant to Government Code Section 85400(c), a voluntary expenditure ceiling is established for each candidate for each election to city elective office in the amount of $14,000.00.

(b) Before accepting any contributions, each candidate for city elective office shall file with the city clerk a statement of acceptance or rejection of the voluntary expenditure ceiling established herein.

(c) No candidate for city elective office who accepts the voluntary expenditure ceiling and no controlled campaign committee of such a candidate shall make campaign expenditures in excess of the voluntary expenditure ceiling established in this section.

(d) Each candidate who rejects the voluntary expenditure ceiling shall be subject to the contribution limit set forth in Government Code Section 85301, as the same may be amended from time to time.

(e) Each candidate who accepts the voluntary expenditure ceiling shall be subject to the contribution limit set forth in Government Code Section 85402, and not the contribution limit set forth in Government Code Section 85301, as either section may be amended from time to time. In addition, as to each such candidate, the city clerk shall provide notification to voters that the candidate has accepted the voluntary expenditure ceiling established herein, as required by Government Code Section 85602 and applicable regulations.

(f) Except as provided herein, the provisions of the Political Reform Act of 1974, Government Code Sections 81000,et seq., and the California Political Reform Act of 1996, Government Code Sections 85100, et seq., and applicable regulations adopted pursuant to such acts, as the same may be amended from time to time, shall govern the interpretation and application of this section.

(g) The penalties and remedies for violations of this section shall be those set forth in the Political Reform Act of 1974, the California Political Reform Act of 1974, the California Political Reform Act of 1996, and applicable regulations adopted pursuant to such acts.

(Ord. 4424 § 1, 1997)

No city board or commission member may use his or her board or commission title when signing a ballot argument for or against an ordinance or measure. If an argument is submitted to the city clerk with such a title in the signature, the title shall be omitted from the ballot argument signature.

(Ord. 4837 § 2, 2004)