San Luis Obispo Municipal Code Ch. 2.38 Citywide Single Vote Method of Electing City Council Members

The purpose of this chapter is to establish and provide the means and methods for administration for the citywide single vote election method for the election of city council members, consistent with the California Constitution, Article XI, the City Charter Articles III and IV, the California Voting Rights Act (Elections Code Sections 14025 et seq.), and the Stipulated Judgment entered in Southwest Voter Registration Education Project v. City of San Luis Obispo (San Luis Obispo Superior Court Case No. 24CV-0797, as it currently exists or may hereafter be amended from time to time, referred to as “stipulated judgment” herein). (Ord. 1754 § 2, 2026)

A. Notwithstanding any law to the contrary, beginning with the November 2026 general municipal election, and for all subsequent elections, unless subsequently modified by Charter amendment, court order, or council action pursuant to this chapter and the stipulated judgment, elections for city council members shall be conducted using citywide single vote, as set forth in this section.

B. The method of election for city council members shall be citywide single vote as follows:

1. Each qualified voter in the city shall be entitled to cast one vote for one candidate from the group of qualified candidates for city council.

2. The two candidates receiving the highest number of votes shall be elected. (Ord. 1754 § 2, 2026)

There shall be no changes to the manner and method of election of the mayor. Pursuant to City Charter Sections 402 and 404, the mayor shall continue to be elected at-large by all city voters every two years, for a two-year term, and each qualified voter shall be entitled to cast one vote for mayor. (Ord. 1754 § 2, 2026)

A. Notwithstanding any law to the contrary, for city council elections, the ballots shall be printed as follows:

1. The group of candidates to be voted on shall be preceded by the designation of office for which they seek election, stated as “San Luis Obispo city council member.”

2. Following the designation of office to be voted on, but preceding the group of candidates for the office, the ballot shall include the instruction “vote for only one.”

3. Under the group of candidates shall be printed one blank space, defined by a light line, so as to permit one write-in candidate as an alternative to selecting a candidate from the group listed on the ballot.

B. The city shall prepare materials for the official voter information guide to be presented to the elections official responsible for administration of the city council election, whether separate or consolidated, that explain the citywide single vote method of voting, including the limitation to vote for one candidate, that the two candidates receiving the most single votes will be elected, and that voting for more than one candidate will result in an “overvote” and will preclude the ballot with an overvote from being counted. (Ord. 1754 § 2, 2026)

Pursuant to its authority as a charter city, this chapter is intended to and shall govern the presentation of candidates and voter instructions for San Luis Obispo city council municipal elections, notwithstanding Elections Code Section 13210 or any other elections statute or regulation that would otherwise govern the subject matter of a city council election, or that may conflict with this chapter or otherwise interfere with or preclude the conduct of the citywide single vote method of electing city council members as provided by this chapter. (Ord. 1754 § 2, 2026)

This chapter shall be liberally construed to promote its objects and the intention and direction of the city council to implement and support the administration of its city council elections by the citywide single vote method of election. No error, omission or irregularity shall invalidate an election if there has been substantial compliance with this chapter as determined by the city council. If any section, subsection, sentence, or clause of this chapter is for any reason held invalid, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 1754 § 2, 2026)

The city council may, by ordinance or resolution, provide such clarification, technical or procedural modification, or minor wording changes as may be deemed necessary or convenient to support and facilitate the administration of the citywide single vote method of city council elections, in consultation with the elections official administering city council elections. (Ord. 1754 § 2, 2026)