Chapter 12.05

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ETHICS AND OPEN GOVERNMENT PROVISIONS

§ 12.05.050

In accordance with Charter Section 1602, the provisions of this chapter supersede any conflicting provisions in the California Elections or Government Codes.

(Ords. 25214, 29642.)

• A. A regular municipal election which is a regularly scheduled primary election shall be held on the same date that the state of California holds its direct primary election.

• B. A regular municipal election which is a run-off municipal election shall be held on the same date that the state of California holds its statewide general election.

• C. A Special Municipal Election for an initiative measure that has qualified pursuant to Charter Section 1603(a)(1) within one hundred eighty (180) days prior to a General Election, Regular Municipal Election, or Special Municipal Election, occurring wholly or partially in the City, may be held on the same date as, and consolidated with, that General Election, Regular Municipal Election, or Special Municipal Election.

• D. A Special Municipal Election for an initiative measure that has qualified pursuant to Charter Section 1603(a)(1) during the period between a regularly scheduled statewide direct primary election and a regularly scheduled statewide general election in the same year may be held on the same date as, and consolidated with, the statewide general election.

• E. To avoid holding more than one (1) Special Municipal Election on an initiative measure

that has qualified pursuant to Charter Section 1603(a)(1) within any one hundred eighty (180)day period, the date for holding such a Special Municipal Election may be fixed later than the last date required under the California Elections Code but at as early a date as practicable after the expiration of one hundred eighty (180) days from the last Special Municipal Election.

• F. Not more than one (1) Special Municipal Election for an initiative measure that qualifies pursuant to Charter Section 1603(a)(1) may be held during any period of one hundred eighty (180) days.

(Ords. 25214, 29642, 30946.)

The city clerk shall publish a notice of the city election which meets the standards of Section 6061 of the California Government Code, not earlier than the one hundred thirteenth nor later than the eighty-eighth day before any city municipal election to fill offices.

(Ords. 25214, 29642.)

• A. Each candidate for city elective office shall be nominated by not less than fifty registered voters in the city. Not more than seventy-five signatures of registered voters shall be accepted and counted.

• B. Voters signing nomination papers for the office of member of the council, except the mayor, shall be residents of the district by which the member is to be elected.

• C. Voters signing nomination papers for the office of mayor shall be residents of the city and may reside anywhere in the city.

• D. No person shall offer or give money or other valuable consideration to another in exchange for his or her signature on a nomination paper.

• (Ords. 25214, 29310, 29642.)

• A. Any person who circulates a nomination paper for the office of member of the council,

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SAN JOSÉ CODE

§ 12.05.050

except mayor, shall be registered to vote at the election in the district by which the member is to be elected.

• B. Persons circulating nomination papers for the office of mayor shall be registered to vote at the election in any part of the city.

• (Ords. 25214, 29642.)

• A. The voters may nominate candidates for election by signing a nomination paper not earlier than the one hundred thirteenth day nor later than twelve noon on the eighty-eighth day before a city municipal election.

• B. All nomination papers shall be filed with the city clerk not later than twelve noon on the eighty-eighth day before the city municipal election, except as provided in Subsection C. below.

• C. If nomination papers for an eligible incumbent elective officer of the city are not filed by twelve noon on the eighty-eighth day before the election, nomination papers for candidates other than the incumbent elective officer for such elective office may be filed with the city clerk until twelve noon on the eighty-third day before the election.

• (Ords. 25214, 29642.)

More than one nomination paper may be circulated and filed for a candidate. (Ords. 25214, 29642.)

good faith conduct in any other civil or criminal proceeding, if the requestor, at least twenty-one working days before the alleged violation, requested written advice from the city attorney in good faith, disclosed truthfully all the material facts, and committed the acts complained of either in reliance on the advice or because of the failure of the city attorney to provide advice within twenty-one days of the request or such later extended time. (Ords. 28660, 29642, 29772.)