Sacramento Municipal Code Ch. 1.16 Elections

This chapter is adopted under the authority of the Charter of the City of Sacramento, particularly Sections 150 through 155 thereof, providing for the adoption of ordinances relating to municipal elections and under the authority of Section 5 of Article XI of the Constitution of the State of California. This chapter shall be known as the Election Code of the City of Sacramento.

Pursuant to Charter Section 155, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or may be hereafter amended, for the holding of elections in cities, insofar as the same are not in conflict with the charter or ordinances of the City of Sacramento. (Ord. 2002-016; Ord. 2000-0l7 § 4(a)(l); prior code § 62.01.001)

Elections are called by resolution of the city council pursuant to Elections Code Section 10403 and/or City Charter Sections 154 and 160 through 163 relating to special elections.

A. Regular Municipal Elections. Regular city elections are those primary and general municipal elections that are held on the same date in each election year as the California statewide direct primary and general elections, and are to be held pursuant to the Elections Code and the City Charter section relating to municipal elections.

B. Special Municipal Elections. Elections other than the regular primary and general municipal elections as referenced above, are considered special elections, and are to be held pursuant to City Charter Sections 152 and 154 relating to municipal elections. (Ord. 2002-016; prior code § 62.01.002)

A. Qualifications. To run for city elective office, the qualifications outlined in City Charter Section 27 or 41 must be met.

B. Nomination Period. The nomination period for regular elections shall be pursuant to Elections Code Section 10407, or Section 10220 for special elections.

C. Nomination Papers. Nomination papers are to be completed pursuant to Elections Code Division 8, Part 1, Chapter 1, Article 2, relating to local elections.

1. Requirements of Registered Voters Signing Nomination Papers. Registered voters signing nomination petitions for a member of the city council shall be residents of the district from which the member is to be elected. Registered voters signing nomination petitions for mayor shall be residents of the city of Sacramento.

2. Filing Fee. There is no filing fee for filing nomination papers for city elective office.

D. Statement of Economic Interests. Pursuant to the Political Reform Act, Government Code Section 87201, a Statement of Economic Interests Form 700 is required to be filed at the same time as filing nomination papers.

E. Statement of Candidate's Qualifications.

1. Application of General Law. This section permits the city to recover from the candidate all pro rata costs to the city of printing, handling, translating and mailing such statement.

2. Payment of Costs. All costs of printing, handling, translating and mailing, and all other costs associated with the statement shall be paid by the candidate.

As a condition of inclusion of the candidate's statement in the voter's pamphlet, the city clerk may require each candidate to prepay a prorated share of the said costs, at the time that the statement is filed with the city clerk. Prepayment shall be in cash or by a cashier's check in the amount of the prorated estimated costs. In the event that the prepayment exceeds the actual costs charged, the excess shall be refunded within thirty (30) days of the election. In the event that the prepayment is insufficient to cover all costs charged, the additional charges shall be billed to and paid by the candidate after the printing and distribution of the statements.

3. Alternative Procedure in Case of Indigency. If the candidate executes under penalty of perjury, at the time of filing the statement with the city clerk, an affidavit or declaration of indigency on a form to be furnished by the city clerk, no prepayment of costs shall be required of the candidate.

Any candidate not required to prepay because of indigency shall be required to reimburse the city for all prorated costs of printing, handling, translating and mailing the statement. Payment shall be due after the printing and distribution of the statements.

4. Length of Candidate's Statement. The length of any candidate's statement as to his or her education and qualifications filed for any municipal election pursuant to Section 13307 of the California Elections Code shall be limited to no more than two hundred (200) words. (Ord. 2002-016; prior code § 62.01.003)

1.16.030

The names of candidates for the city council, including the office of mayor, shall be placed on the ballot in the order established pursuant to State of California Elections Code Section 13112 or 13113. (Ord. 2002-016; prior code § 62.01.004)

Pursuant to Elections Code Section 12101, not earlier than the one hundred twenty-seventh day nor later than the one hundred thirteenth day before any municipal election, the city clerk shall publish a notice of the election. (Ord. 2002-016; prior code § 62.01.005)

Pursuant to Elections Code Section 10411, in the case of the consolidation of any election called by the legislative body of a city, with an election held in the county or counties in which the city is situated, the governing body of the city may authorize the board of supervisors to canvass the returns of the election.

This authorization shall be pursuant to Elections Code Section 10002 and be in the form of a resolution requesting that the board of supervisors instruct the county voter registrar to render specified services to the city in the conduct of an election, which include canvass of the returns. The resolution shall be adopted at the same time as the resolution calling the election.

Elections Code Section 10002 shall also apply to elections not consolidated with any other election. After certification by the county of the canvass of a non-consolidated election, the governing body of the city, pursuant to Elections Code Section 10262, shall meet at its usual place of meeting on the first Tuesday after the election, and shall pass a resolution reciting the fact of the election. (Ord. 2002-016; prior code § 62.01.006)

A. When the city clerk has selected the arguments for and against a measure appearing on the ballot at a municipal election pursuant to California Elections Code Section 9287, the clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors may prepare and submit rebuttal argument not exceeding two hundred fifty (250) words. The rebuttal arguments must be filed with the city clerk not more than ten (10) calendar days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut. Notwithstanding the provisions of California Elections Code Section 9295 to the contrary, the city clerk shall make available for public examination in the clerk's office all arguments filed pursuant to this section not less than ten (10) calendar days before arguments are submitted for printing. For arguments, the period during which any person named in Section 9295 may seek a writ of mandate or an injunction pursuant to Section 9295 shall be during the ten (10) day examination period.

B. For initiative measures placed on the ballot, the person(s) filing the initiative petition, along with anyone eligible to vote on the measure, or bona fide association of citizens, or any combination of voters and associations, may file a written argument in favor of the measure. The city council, or any council member(s) authorized by the city council, or charter officer, or department director, or any individual eligible to vote on the measure, or bona fide association of citizens, or any combination of voters and associations, may submit an argument against the measure. If more than one argument is submitted against the measure, the city elections official shall select one of the arguments and give preference and priority to the arguments in the same order established under California Elections Code Section 9287 and this code. If the city council, or any council member(s) authorized by the city council, submits a written argument against an initiative measure, only one authorized member's signature is necessary to afford the legislative body priority in argument selection.

C. For city council measures placed on the ballot, the city council, or any council member(s) authorized by the city council, or anyone eligible to vote on the measure, or charter officer, or department director, or bona fide association of citizens, or any combination of voters and associations, may file a written argument for or against the measure. If the city council, or any council member(s) authorized by the city council, submits a written argument in favor of or against a measure, only one authorized member's signature is necessary to afford the legislative body priority in argument selection pursuant to California Elections Code Section 9287.

D. Charter officers and department directors who submit ballot arguments pursuant to subsections B and C of this section do not have priority over the legislative body, or members of the legislative body authorized by that body, but have priority in argument selection before the individual voter, or bona fide association of citizens, or combinations of voters and associations, who are the bona fide sponsors or proponents of the measure.

E. Except as provided otherwise in this section, the procedures set forth in Elections Code Section 9282 shall apply. (Ord. 2014-0024 § 1; Ord. 2010-004 § 1; Ord. 2002-016; prior code § 62.01.007)

Pursuant to Elections Code Section 9202(b), any person filing a notice of intent with the city clerk shall pay a two hundred dollar ($200.00) filing fee, to be refunded to the filer if, within one year of the date of filing the notice of intent, the clerk certifies the sufficiency of the petition. (Ord. 2002-016; prior code § 62.01.008)

The boundaries of city council districts are hereby established pursuant to the provisions of Sections 22 through 25 of the Sacramento City Charter. The numbers of the city council districts shall be as shown on a city council district boundary map.

Such map shall be maintained on file in the office of the city clerk, and the map is adopted by reference as though fully set forth in this section. (Ord. 2002-016; prior code § 62.01.009)