9255-9269
ELECTIONS CODE
SECTION 9255-9269
9255. (a) The following city or city and county charter proposals
shall be submitted to the voters at either a special election called
for that purpose, at any established municipal election date, or at
any established election date pursuant to Section 1000, provided that
there are at least 88 days before the election:
(1) A charter proposed by a charter commission, whether elected or
appointed by a governing body. A charter commission may also submit
a charter pursuant to Section 34455 of the Government Code.
(2) An amendment or repeal of a charter proposed by the governing
body of a city or a city and county on its own motion.
(3) An amendment or repeal of a city charter proposed by a
petition signed by 15 percent of the registered voters of the city.
(4) An amendment or repeal of a city and county charter proposed
by a petition signed by 10 percent of the registered voters of the
city and county.
(5) A recodification of the charter proposed by the governing body
on its own motion, provided that the recodification does not, in any
manner, substantially change the provisions of the charter.
(b) Charter proposals by the governing body and charter proposals
by petition of the voters may be submitted at the same election.
(c) The total number of registered voters of the city or city and
county shall be determined according to the county elections official'
s last official report of registration to the Secretary of State that
was effective at the time the notice required pursuant to Section
9256 was given.
9256. The proponents of a measure proposing to amend a charter
shall publish or post, or both, a notice of intent to circulate the
petition in the same form and manner as prescribed in Sections 9202,
9203, 9204, and 9205. The proponents shall also file an affidavit
prescribed in Section 9206 with the clerk of the legislative body of
the city, and, with respect to the petition, shall be subject to
Section 9207.
9257. The petition signed by registered voters of the city or city
and county proposing an amendment to a charter shall set forth in
full the text of the proposed amendment, in no less than 10-point
type.
9258. The petition may be circulated in sections, but each section
shall contain a correct copy of the text of the proposed amendment.
9259. Each signer of the petition shall sign it in the manner
prescribed by Section 9020.
9260. The petition shall be in substantially the following form:
Petition for Submission to Voters of Proposed Amendment to the
Charter of the City (or City and County) of ____
To the city council (or other legislative body) of the City (or
City and County) of ____:
We, the undersigned, registered and qualified voters of the State
of California, residents of the City (or City and County) of ____,
pursuant to Section 3 of Article XI of the California Constitution
and Chapter 2 (commencing with Section 34450) of Part 1 of Division 2
of Title 4 of the Government Code, present to the city council (or
other legislative body) of the city (or city and county) this
petition and request that the following proposed amendment to the
charter of the city (or city and county) be submitted to the
registered and qualified voters of the city (or city and county) for
their adoption or rejection at an election on a date to be determined
by the city council (or other legislative body).
The proposed charter amendment reads as follows:
First. (setting forth the text of the amendment) ____ (etc.)
Printed
Signature Name Residence Date
_____________ __________ ____________ _______
_____________ __________ ____________ _______
_____________ __________ ____________ _______
9261. Each section shall have attached thereto the affidavit of the
person soliciting the signatures. This affidavit shall be
substantially in the same form as set forth in Section 9022 and shall
comply with Sections 104 and 9209.
9262. Each petition section shall consist of sheets of white paper,
uniform in size, with dimensions no smaller than 8 1/2 by 11 inches
or greater than 8 1/2 by 14 inches.
9263. The sheets comprising each petition section shall be fastened
together securely and remain so during circulation and filing.
9264. A voter may withdraw his or her signature from a petition in
the manner prescribed in Section 9602.
9265. The petition shall be filed with the elections official by
the proponents, or by any person or persons authorized in writing by
the proponents. All sections of the petition shall be filed at one
time, and a petition section submitted subsequently may not be
accepted by the elections official. The petition shall be filed (1)
within 180 days from the date of receipt of the title and summary, or
(2) after termination of any action for a writ of mandate pursuant
to Section 9204, and, if applicable, receipt of an amended title or
summary, or both, whichever comes later.
9266. After the petition has been filed, the elections official
shall examine the petition in the same manner as are county petitions
in accordance with Sections 9114 and 9115, except that, for the
purposes of this section, references in those sections to the board
of supervisors shall be treated as references to the legislative body
of the city or city and county. The expenses of signature
verification shall be provided by the governing body receiving the
petition from the elections official.
9267. Petitions that do not substantially conform to the form
requirements of this article shall not be accepted for filing by the
elections official.
9268. The conduct of election and publication requirements shall
substantially conform with Part 1 (commencing with Section 10000) and
Part 2 (commencing with Section 10100) of Division 10.
9269. Upon the completion of the canvass of votes, the governing
body of a city or city and county shall pass a resolution reciting
the fact of the election and such other matters as are enumerated in
Section 10264. The elections official of the city or city and county
shall then cause the adopted measures to be submitted to the
Secretary of State pursuant to Sections 34459 and 34460 of the
Government Code.