San Rafael Municipal Code Ch. 2.02 Elections

This chapter shall become effective on January 1, 2020 and shall govern the date of the City of San Rafael general municipal election, pursuant to the provisions of the Charter of the City of San Rafael.

(Ord. No. 1946, § 1, 4-17-2017)

This chapter is enacted following a change to general state law, in order to memorialize a change in the date of the city's general municipal election established by Article IV, Section 1 of the Charter of the City of San Rafael, from odd years to even years. That Charter provision states that the city's general municipal election is to be held on the Tuesday after the first Monday in November in odd-numbered years, or "as hereafter provided by the State Legislature under general law provisions determining the date of election for the governing board members of a school district." Prior to the effective date of this chapter, the general municipal election has been held on the Tuesday after the first Monday in November in odd-numbered years. However, in 2015, the State Legislature enacted Senate Bill No. 415 (adding Elec. Code §§ 14050-14057), the California Voter Participation Rights Act, pursuant to which the San Rafael City School District has been required to change its general election to occur concurrently with a statewide election date, i.e., in June or November of even-numbered years. Therefore, pursuant to the Charter, this chapter establishes that the date of the city's general municipal election shall be similarly changed as of the effective date of this chapter.

(Ord. No. 1946, § 1, 4-17-2017)

A. A municipal election shall be held in the city on the Tuesday after the first Monday in November of each even-numbered year and shall be known as the general municipal election.

B. All other municipal elections that may be held by authority of the city Charter or general law shall be known as special municipal elections.

(Ord. No. 1946, § 1, 4-17-2017)

A. Pursuant to the city Charter and California Government Code sections 34886 and 34871(c), councilmembers shall be elected by-districts in four (4) single-member districts. As required by the city Charter, the mayor will be separately elected by a citywide vote.

B. (1)

Beginning with the general municipal election in November 2020, councilmembers shall be elected in the electoral districts reflected on the map contained in Exhibit A hereto and as subsequently reapportioned as provided by State law. Elections shall take place on a by-district basis as that term is defined in California Government Code section 34871, meaning one member of the city council shall be elected from each district, by the voters of that district alone, except for the mayor, who shall be elected citywide. In accordance with the city charter, each councilmember and the mayor, shall serve a four-year term until his or her successor has qualified.

(2) Except as provided in subdivision (B)(3) hereof, the councilmember elected to represent a district must reside in that district and be a registered voter in that district, and any candidate for city council must live in, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued, pursuant to California Government Code section 34882 and Elections Code section 10227. Termination of residency in a district by a councilmember shall create an immediate vacancy for that council district unless a substitute residence within the district is established within thirty days after the termination of residency.

(3) Notwithstanding any other provision of this section, each of the councilmembers in office at the time this chapter takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is qualified. Vacancies in councilmember offices elected at-large may be filled from the city at-large. At the end of the term of each councilmember, that member's successor shall be elected on a by-district basis in the districts established in subsection A and the map contained in Exhibit A hereto, as may subsequently reapportioned as provided by State law. A vacancy in a Councilmember office elected by-district shall be filled by a person qualified to hold the office, who is a resident of the district.

(Ord. No. 1956, § 1, 4-16-2018)

Editor's note— Ord. No. 1956, § 2, adopted April 16, 2018, repealed § 2.02.040 and reenacted a new § 2.02.040. Formerly, this section pertained to election of city officers and terms of office and derived from Ord. No. 1946, § 1, adopted April 17, 2017.

A. Councilmembers shall be elected in Council Districts 4/Northern and 1/Southern beginning at the general municipal election in November 2020, and every four years thereafter.

B. The councilmembers from Council Districts 3/Eastern and 2/Western shall be elected beginning at the general municipal election in November 2022, and every four years thereafter.

(Ord. No. 1956, § 2, 4-16-2018)

The election of members of the board of education, and all other elective city officers, shall occur at the general municipal election, and the terms of their offices shall be as set forth in the city Charter. Nominations and all elections to fill public offices and elections on measures shall be made, held and conducted in the manner provided for by general law.

(Ord. No. 1956, § 3, 4-16-2018)