Santa Ana Municipal Code Art. XII Elections

The conduct of all municipal elections by the City Clerk shall be under the control of the City Council which shall, by ordinance or resolution, provide for the holding of all municipal elections.

(Ord. No. NS-2715, 7-3-06, approved at election 11-7-06; Res. No. 2022-044, 8-2-22, approved at the election 11-8-22)

General municipal elections for the election of officers and for such other purposes as the City Council may prescribe shall be held in the City of Santa Ana on the first Tuesday after the first Monday in November in each even-numbered year. However, in the event the state legislature hereafter prescribes a different day for holding of the statewide general election, general municipal elections shall be held upon such day as prescribed for the statewide general election.

(Ord. No. NS-1346, 1-25-77, approved at election 4-5-77; Ord. No. NS-1642, 8-2-82, approved at election 11-2-82)

All other municipal elections that may be held by authority of this charter, or of any law, shall be known as special municipal elections.

Unless otherwise provided by ordinance, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exist or may hereafter be amended, for the holding of elections in general law cities, insofar as the same are not in conflict with this charter.

(Ord. No. NS-1346, 1-25-77, approved at election 4-5-77; Ord. No. NS-1405, 3-13-78, approved at election 6-6-78)

The City may consolidate its general municipal election with the election of any public district, county, or other political subdivision, including any elementary, unified, high school, or community college district, or community college district trustee area, which is included, all or part, within the boundaries of the City. Such consolidation shall be effected upon the order of the governing bodies or officer or officers calling the elections pursuant to the provisions of the Elections Code of the State of California, as the same now exist or may hereafter be amended.

(Ord. No. NS-1346, 1-25-77, approved at election 4-5-77)

The powers of the initiative and referendum and of the recall of elected municipal officers are hereby reserved to the electors of the City. Unless otherwise provided by ordinance, hereafter enacted, the provisions of the elections code of the State of California, as the same now exist or may hereafter be amended, governing the initiative, the referendum, and the recall of the municipal officers shall apply to use thereof in the City insofar as such provisions of the elections code are not in conflict with this charter.

No person shall make, and no candidate for mayor or City Council or campaign treasurer shall solicit or accept, any contribution or loan which would cause the total amount contributed or loaned by that person to that candidate, including contributions or loans to all committees controlled by that candidate, to exceed one thousand dollars ($1,000.00) in any election cycle; provided, however, that the City Council may, by ordinance, adjust such limit to reflect changes in the consumer price index; and provided further that nothing herein shall apply to a candidate's contribution of their personal funds to their own campaign contribution account. As used herein, "election cycle" means the period of time between the date of an election to the office of mayor or councilmember and the date of the next election to the same office.

(Ord. No. NS-2170, § 3, 7-20-92, approved at election 11-3-92; Res. No. 2022-044, 8-2-22, approved at the election 11-8-22)

Charter reference— Disqualification due to campaign contributions, § 425.

Cross reference— Prohibited campaign contributions, § 2-107.

A candidate for the office of mayor or City Council shall have no more than one campaign committee and one campaign contribution account out of which all expenditures for the purpose of seeking such office shall be made. The campaign contribution account shall be established and maintained as set forth in Section 85201 of the Government Code.

(Ord. No. NS-2170, § 3, 7-20-92, approved at election 11-3-92)

(a) Any person who knowingly or willfully violates sections 1206 or 1207 of this charter is guilty of a misdemeanor.

(b) Any resident of the City may bring an action, at a time during an election period or thereafter, in a court of competent jurisdiction to enjoin actual or threatened violations of, or to compel compliance with, or to obtain a judicial declaration regarding compliance with, section 1206 or 1207.

(c) The City Attorney may maintain, in the name of the City, or a resident of the City may maintain, in their own name, a civil action to recover from a candidate or a committee controlled by a candidate any contributions received by such candidate or committee in excess of the contribution limitations established by section 1206. Any money recovered in any such action shall be deposited in the City's general fund.

(d) The City may contract with a State or County entity to enforce the provisions of this section.

(Ord. No. NS-2170, § 3, 7-20-92, approved at election 11-3-92; Res. No. 2022-044, 8-2-22, approved at the election 11-8-22)