This San Francisco Municipal Elections Code is adopted consistent with San Francisco Charter Section 13.100. Where not otherwise provided for by the Charter or by this Municipal Elections Code, applicable provisions of State and federal law shall apply.
(Added by Ord. 429-97, App. 11/17/97)
Whenever the following terms are used in this Municipal Elections Code, these definitions shall apply:
(a) "Measure" means an ordinance, charter amendment, referendum, recall, declaration of policy, or bond measure that will be voted on only in the City and County of San Francisco.
(b) "Signed and sworn statement" means a statement signed under penalty of perjury under the laws of the State of California, that includes the original signature of the signer. Facsimile or electronically produced or reproduced signatures are not original signatures for purposes of this Article.
(c) "Voter" means an individual who is registered to vote in the City and County of San Francisco.
(Added by Ord. 429-97, App. 11/17/97; amended by Ord. 183-03, File No. 030652, App. 7/25/2003)
(a) The dates for election of local officeholders are specified in Charter Section 13.100 et seq.
(b) On Tuesday after the first Monday in November in 1997 and every year thereafter, there shall be held in the City and County an election to be known as the General Municipal Election.
(c), (d) [Reserved.]
(Added by Ord. 429-97, App. 11/17/97; Ord. 291-06, File No. 061375, App. 11/29/2006)
Except as otherwise provided by the Charter or this Municipal Elections Code, nomination of elective officers shall be made pursuant to California Elections Code Section 8000 et seq., and the recall of elective officers shall be made pursuant to California Elections Code Section 11000 et seq. If the official proposed to be removed at a recall election is recalled, the vacancy shall be filled pursuant to Charter Sections 3.1001(14) and 13.101.5.
(Added by Ord. 429-97, App. 11/17/97; amended by Ord. 183-03, File No. 030652, App. 7/25/2003; Ord. 291-06, File No. 061375, App. 11/29/2006)
(a) Any candidate for municipal office filing nomination papers shall do so under the candidate's legal name.
(b) A candidate's legal name is the name given at birth, or established by marriage, general usage or habit, or decree of any court of competent jurisdiction. A candidate's legal name may include a nickname, a combination of initials, full names, or individual letters or numerals.
(c) If a candidate changes his or her legal name within one year of any election, the candidate shall not file nomination papers under the candidate's new name unless the new name was established by marriage or divorce, or by decree of a court of competent jurisdiction.
(Added by Ord. 429-97, App. 11/17/97)
(a) Content and Form of Statement. Candidates may file a candidate qualification statement including the name, age and occupation of the candidate and a description of no more than 200 words of the candidate's education and qualifications as expressed by the candidate. To ensure that all statements are filed in a uniform format, the statement shall be in a manner specified and on a form provided by the Director of Elections for this purpose.
(b) Deadline for Submission of Statement. Candidates who choose to submit a candidate qualification statement shall file the statement with the Department of Elections when the candidate returns his or her nomination papers for filing.
(c) Inclusion of Nominators and Supporters. The candidate qualification statement may but need not include the names of some or all of the candidate's nominators. The statement may also include the names of individuals and entities which support the candidate but which did not serve as nominators. However, the names of such supporters shall not be published as part of the candidate's qualification statement unless the candidate provides the supporter's written authorization at the time the statement is submitted to the Director of Elections. The authorization shall be in a form prescribed by the Director of Elections. If the candidate chooses to include the names of nominators or other supporters in the candidate qualification statement, these names shall be counted toward the 200-word limit.
(d) Limitations. The candidate qualification statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations.
(e) Withdrawal of Statement. A candidate may withdraw, but not change, his or her candidate qualification statement by filing with the Director of Elections a signed and sworn statement of withdrawal no later than 5:00 p.m. of the sixty-seventh day prior to the election.
(Added by Ord. 429-97, App. 11/17/97; amended by Ord. 92-02, File No. 020596, App. 6/14/2002; Ord. 291-06, File No. 061375, App. 11/29/2006)
The submission and form of ballot designations shall be governed by California Elections Code Section 13107 and any implementing regulations, rules or guidelines issued by the California Secretary of State.
(Added by Ord. 183-03, File No. 030652, App. 7/25/2003)
(a) Each candidate shall pay to the Director of Elections at the time of filing the candidate's declaration of candidacy and nomination certificates the fee specified in Section 810 of this Code.
(b) In lieu of part or all of the filing fee, a candidate may submit to the Director of Elections signatures of voters registered in San Francisco. Each signature submitted shall reduce the fee by the amount specified in Section 840 of this Code. Each in-lieu petition shall include spaces for the voter's signature, printed name and residence address. The residence address shall include street and number within the City and County, or other adequate designation of residence so that the location may be readily ascertained. Across the top of each printed page there shall be printed in 12-point boldface type the following: "Petition in Lieu of Candidate Filing Fee."
(c) A candidate may submit a greater number of signatures than required to reduce the filing fee to zero. The Director of Elections shall not be required to determine the validity of a greater number of signatures than that required to reduce the filing fee to zero. If the number of signatures affixed to an in-lieu petition is 100 or more, the Director of Elections may use a random sampling technique for verification of the signatures. The random sampling shall include an examination of 100 signatures, or three percent of the total number of signatures submitted, whichever is greater. Upon completion of the verification of signatures in the sample, the percentage of signatures which are valid shall be applied and projected to the total number of signatures submitted.
(Added by Ord. 429-97, App. 11/17/97)
In the event the Director of Elections refuses to accept for filing a declaration of candidacy, petition in lieu of filing fee or nomination certificate, the Director of Elections shall forthwith state in writing on the declaration, petition or certificate the nature of the defect, or other reason for refusing to accept the same, and shall return the same to the party tendering it. No defect in any declaration, petition or certificate presented to the Director of Elections shall prevent the filing of another declaration, petition or certificate within the period allowed for presenting the declaration, petition or certificate.
(Added by Ord. 429-97, App. 11/17/97)
A nominator may withdraw his or her nomination of a candidate by notifying the candidate at least 72 hours before the close of the nomination period and filing with the Director of Elections, at any time up until 5:00 p.m. on the last day of the nomination period, a signed and sworn statement of withdrawal stating that the nominator provided the candidate with the required 72 hours notice. No nominator may withdraw his or her nomination of a candidate after 5:00 p.m. on the last day of the nomination period.
Supporters who are not nominators but who authorize use of their name in the candidate qualification statement may withdraw this authorization by filing with the Director of Elections a signed and sworn statement of withdrawal at any time up until 5:00 p.m. on the last day of the nomination period. No supporter may withdraw his or her authorization after 5 p.m. on the last day of the nomination period.
(Added by Ord. 429-97, App. 11/17/97; amended by Ord. 183-03, File No. 030652, App. 7/25/2003)
The name of every candidate who has been duly and regularly nominated shall be placed on the ballot under the title of the office for which he or she is a candidate, provided that a candidate whose nomination has been completed may withdraw as a candidate by filing a signed and sworn statement of withdrawal with the Director of Elections no fewer than 67 days before the election. No candidate may withdraw as a candidate after 5:00 p.m. on the 67th day before the date of the election.
(Added by Ord. 429-97, App. 11/17/97)
The Director of Elections shall not print a candidate's name upon the ballot or the candidate's Candidate Qualification Statement in the Voter Information Pamphlet if, before 5:00 p.m. on the 67th day before the date of the election, the Director ascertains that the candidate has died. If the Director ascertains after 5:00 p.m. on the 67th day before the date of the election that the candidate has died, the Director shall print the candidate's name on the ballot and the candidate's Candidate Qualification Statement in the Voter Information Pamphlet, provided that the candidate's declaration of candidacy otherwise complied with all legal requirements.
(Added by Ord. 183-03, File No. 030652, App. 7/25/2003)
[The next page is 15]
(a) Charter Amendments and Bond Measures. Except as provided in Subsection (c) of this Section, proposed Charter amendments and bond measures shall be submitted to the voters at the next election held no fewer than 102 days after the date said measure is received by the Director of Elections.
The Board of Supervisors may submit, and the Director of Elections shall have the discretion to accept, one proposed Charter amendment or bond measure per election that is received fewer than 102 days before the date of the election, provided that said measure is received no fewer than 95 days before the date of the election.
(b) Measures Submitted by the Mayor, Board of Supervisors, or Four or More Supervisors. Ordinances and declarations of policy proposed by a majority of the Board of Supervisors or by four or more Supervisors pursuant to Charter Section 2.113, or by the Mayor pursuant to Charter Section 3.100(15), shall be submitted to the voters at the next election held no fewer than 95 days after the date said measure is transmitted to the Director of Elections.
(c) Measures Proposed by Initiative Petition. Measures proposed by initiative petition pursuant to Charter Sections 14.101 or 9.110 and Charter amendments proposed by initiative petition shall be submitted to the voters upon certification of the sufficiency of the petition signatures by the Director of Elections. An initiative petition shall be submitted to the Director of Elections no fewer than 120 days before the date of the election for which the initiative is intended. The Director of Elections shall certify the sufficiency of the petition signatures, or determine the insufficiency of the signatures, no later than 30 days after the date the petition is received.
(1) Except as provided in Subdivisions (2) and (3) of this subsection, a vote on an initiative shall occur at the next general municipal or Statewide election occurring no fewer than 90 days from the date of the certificate of sufficiency executed by the Director of Elections. Any initiative petition that is certified by the Director of Elections to contain the requisite number of valid signatures, but that is certified within 90 days of an election, shall not be placed on the ballot for that election but shall be placed on the ballot at the next general municipal or Statewide election.
(2) The Director of Elections shall call for a special municipal election on an initiative if the initiative petition complies with the requirements of Charter Section 14.101.
(3) The Board of Supervisors may call for a special municipal election on an initiative pursuant to Charter Section 14.101, provided that the special election occurs no fewer than 90 days from the date the certificate of sufficiency is executed by the Director of Elections.
(Added by Ord. 429-97, App. 11/17/97; amended by Ord. 183-03, File No. 030652, App. 7/25/2003; Ord. 291-06, File No. 061375, App. 11/29/2006)
(a) When the Board of Supervisors considers whether to submit an ordinance or Charter amendment to the voters, the following rules shall apply:
(1) The Board of Supervisors shall be prohibited from considering or deciding whether to submit an ordinance or Charter amendment to the voters unless, at least 30 days before the date of the first committee hearing concerning the proposed ordinance or Charter amendment, the following materials are delivered to the Clerk of the Board of Supervisors and available for public review:
(A) A draft of the proposed ordinance or Charter amendment that is approved as to form by the City Attorney; and
(B) A legislative digest prepared by the City Attorney.
(2) Upon receipt of the materials described in Subsection (a)(1) of this Section, the Clerk of the Board of Supervisors shall transmit a copy of the proposed ordinance or Charter amendment to the Controller. The Controller shall prepare a financial analysis of the proposed measure and deliver the analysis to the Clerk no later than the first committee hearing concerning the proposed ordinance or Charter amendment. The Board of Supervisors shall be prohibited from considering or deciding whether to submit the measure to the voters unless the Controller has provided the Board with the financial analysis required by this subsection.
(3) Any amendments to a proposed ordinance or Charter amendment shall be noticed for an additional public hearing by the Board committee designated to consider the measure. The proposed amendments shall be submitted in writing to the clerk of the designated committee and shall be available for public review no later than the time that notice of the additional hearing is published.
(Added by Ord. 429-97, App. 11/17/97)
Except as otherwise provided by the Charter or this Municipal Elections Code, the circulation and qualification of initiative petitions and referenda is governed by California Elections Code Sections 100 and 101, and Section 9200 et seq.
(Added by Ord. 429-97, App. 11/17/97)
(a) At the time the proponent files a notice of intention to circulate an initiative petition, the proponent shall pay a fee, the amount of which is specified in Section 820 of this Code, to the Director of Elections. The fee shall be used to defray the costs incurred by the City Attorney to prepare the ballot title and summary as required by California Elections Code Section 9203. The fee shall be refunded by the Director of Elections to the proponent if, within one year of the date of filing the notice of intention, the Director of Elections certifies the sufficiency of the petition.
(b) At the time the proponent files a notice of intention to circulate an initiative petition, the proponent may submit a petition containing signatures in lieu of part or all of the filing fee required under Subsection (a). Any registered voter of the City and County may sign an in-lieu petition. Each valid signature contained in the in-lieu petition shall reduce the filing fee by the amount specified in Section 840 of this Code.
(c) Each in-lieu petition shall include a complete and accurate copy of the notice of intention to circulate an initiative petition. Each petition shall also include spaces for the voter's signature, printed name and residence address. The residence address shall include street and number within the City and County, or other adequate designation of residence so that the location may be readily ascertained. Across the top of each printed page there shall be printed in 12-point boldface type the following: "Petition in Lieu of Filing Fee for Notice of Intention to Circulate Initiative Petition."
(d) Each in-lieu petition shall include an affidavit signed by the circulator in substantially the same form as set forth in California Elections Code Section 9022 except that the affidavit shall declare that the circulator is a voter of the City and County and shall state the address at which the circulator is registered to vote at the time of execution of the affidavit.
(Added by Ord. 429-97, App. 11/17/97)
(a) Upon receipt of the minimum number of signatures in lieu of filing fee required by Section 820 of this Code, or a sufficient combination of such signatures and pro rata filing fee, the Director of Elections shall provisionally accept for filing the notice of intention to circulate an initiative petition. Within seven days after the receipt of the petition, the Director of Elections shall notify the proponent of the petition of any deficiency in the in-lieu signatures submitted. The proponent may then, within seven days of notification, submit additional signatures in the same manner as provided in Section 320 of this Code or pay a pro rata portion of the filing fee to cover the deficiency. If the deficiency is not remedied by either method within seven days, the notice of intention shall not be accepted and any filing fee paid by the proponent shall be forfeited.
(b) The notice of intention to circulate an initiative petition shall be deemed filed upon the date that a sufficient number of signatures submitted in lieu of the filing fee have been verified, or the date upon which any deficiency has been cured.
(c) The proponent of an in-lieu petition may submit a greater number of signatures than required by Section 320(b) of this Code. The Director of Elections shall not be required to determine the validity of a greater number of signatures than that required to reduce the filing fee to zero. If the number of signatures affixed to an in-lieu petition is 100 or more, the Director of Elections may use a random sampling technique for verification of the signatures. The random sampling shall include an examination of 100 signatures, or three percent of the total number of signatures submitted, whichever is greater. Upon completion of the verification of signatures in the sample, the percentage of signatures which are valid shall be applied and projected to the total number of signatures submitted.
(Added by Ord. 429-97, App. 11/17/97)
(a) Upon request of any person circulating, as a principal or agent, or having charge or control of the circulation of, or obtaining signatures to, any City initiative, referendum or recall petition, the Department of Elections shall provide badges to that person to be worn as described in subsection (b). Each badge shall contain either the words "VOLUNTEER CIRCULATOR" or "PAID CIRCULATOR." Each badge shall be printed in a font and size that is clearly legible to the intended public. When the Department of Elections provides badges to any person pursuant to this subsection, the Department of Elections also shall provide written notice to the person requesting the badges describing the requirements set forth in subsection (b).
(b) Every person is guilty of an infraction, punishable by the maximum fine allowed under state law, who, circulating, as a principal or agent, or having charge or control of the circulation of, or obtaining signatures to, any City initiative, referendum or recall petition, intentionally fails to display an identification badge provided by the Department of Elections pursuant to subsection (a) on his or her outermost piece of clothing that includes the words "VOLUNTEER CIRCULATOR" if the person is not being paid to circulate the petition or "PAID CIRCULATOR" if the person is being paid to circulate the petition.
(c) Every person who receives written notice from the Department of Elections described in subsection (a) shall provide an exact copy of the written notice to every person to whom the person distributes a badge received from the Department of Elections. Any person who fails to provide an exact copy of the written notice as required under this subsection shall be guilty of an infraction, punishable by the maximum fine allowed under State law.
(d) Upon request by any person, a person circulating, as a principal or agent, or having charge or control of the circulation of, or obtaining signatures to, any City initiative, referendum or recall petition shall disclose the name(s) of the proponents of the petition. Any person who intentionally fails to make such disclosure shall be guilty of an infraction, punishable by the maximum fine allowed under State law.
(Added by Ord. 267-07, File No. 070672, App. 11/21/2007)
The enacting clause of all ordinances submitted to the voters shall be "Be it ordained by the people of the City and County of San Francisco." The failure to include this language in an initiative petition shall not be fatal to the petition.
(Added by Ord. 429-97, App. 11/17/97; Ord. 291-06, File No. 061375, App. 11/29/2006)
No later than two working days after receipt of an initiative petition for certification, the Director of Elections, in consultation with the Office of the City Attorney, shall forward the initiative measure to those departments which the Director of Elections believes are the most appropriate for determining the effect of the measure on current law and practices. Those departments shall transmit an analysis of the measure to the Ballot Simplification Committee no later than three days prior to the first date the Committee will meet to prepare a digest of the measure, as provided in Article VI of this Code.
(Added by Ord. 429-97, App. 11/17/97)
When two or more proposed measures concern the same subject matter, the Director of Elections shall publish in the Voter Information Pamphlet the following statement on the ballot measure title page for each of the measures:
Propositions () and () concern the same subject matter. If both measures are adopted by the voters, and if there is a conflict between provisions of the two measures, then some or all of the measure approved by fewer votes would not go into effect.
In case two or more measures adopted at the same election have conflicting provisions and are tied for the highest vote, they shall be resubmitted at the next ensuing general election.
(Added by Ord. 429-97, App. 11/17/97; amended by Ord. 183-03, File No. 030652, App. 7/25/2003)
(a) Measures Proposed by the Mayor or Board of Supervisors. Measures proposed by the Mayor or Board of Supervisors pursuant to Section 300(a) or (b) of this Article may be withdrawn at any time up until and including the legal deadline for sub-mission of the measure to the Director of Elections. The Mayor or Board of Supervisors cannot withdraw measures after the legal deadline for submission of the measure to the Director of Elections.
(b) Measures Proposed by Four or More Supervisors.
(1) Unanimous Withdrawal. Measures proposed by four or more members of the Board of Supervisors pursuant to Section 300(b) of this Article may be withdrawn at any time up until and including the legal deadline for submission of the measure to the Director of Elections if each of the Supervisors who submitted the measure files with the Director of Elections a signed and sworn statement of withdrawal before the legal deadline for submission of the measure. The four or more Supervisors who submitted the measure cannot withdraw the measure after the legal deadline for submission of the measure to the Director of Elections.
(2) Withdrawal of Support by One or More Supervisors. Measures proposed by four or more members of the Board of Supervisors pursuant to Section 300(b) of this Article shall be withdrawn if one or more of the Supervisors withdraw their support for the proposed measure, and following this withdrawal fewer than four Supervisors continue to support the proposed measure. For purposes of this subsection, a Supervisor may withdraw his or her support for a measure by filing with the Director of Elections a signed and sworn statement of withdrawal at any time up until 72 hours before the legal deadline for submission of the measure to the Director of Elections. Following such a withdrawal, additional members of the Board of Supervisors may join in support of the proposed measure provided that they do so in writing before the legal deadline for submission of the measure to the Director of Elections. No Supervisor may withdraw his or her support for a measure pursuant to this subsection if fewer than 72 hours remain before the legal deadline for submission of the measure to the Director of Elections.
(c) Initiatives. Once submitted to the Department of Elections, measures proposed by initiative petition may not be withdrawn.
(Added by Ord. 429-97, App. 11/17/97; amended by Ord. 183-03, File No. 030652, App. 7/25/2003)
Unless otherwise provided in the text of a proposed ballot measure, other than a Charter amendment, if a majority of the registered San Francisco voters voting on the measure vote in favor thereof, the measure shall go into effect 10 days after the date the official vote count is declared by the Board of Supervisors.
If a majority of the registered San Francisco voters voting on a Charter amendment vote in favor thereof, the Charter amendment shall go into effect once the amendment is accepted and filed by the Secretary of State pursuant to Government Code Section 34450, et seq.
(Added by Ord. 429-97, App. 11/17/97)
No measure approved by the electorate under the provisions of the Charter or this Code shall be subject to veto, amendment or repeal except by vote of the electorate, unless the measure otherwise provides.
(Added by Ord. 429-97, App. 11/17/97)
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Except as provided in the Charter or this Code, the preparation and form of ballots shall be governed by California Elections Code Sections 13100 et seq.
(Added by Ord. 429-97, App. 11/17/97)
(a) The names of candidates for local, state and federal office shall appear on all official ballots, including polling place ballots and absentee ballots, and all sample ballots in Chinese characters as well as in English or any other languages required by law or selected by the Director of Elections.
(b) For purposes of this Section:
(1) "Translation" shall mean the selection of Chinese characters to represent the parts of a Chinese name, or a name in any other language that traditionally is written using Chinese characters.
(2) "Transliteration" shall mean the selection of Chinese characters to represent the phonetic equivalent of the syllables of an English name, or a name in any other language that is not traditionally written using Chinese characters.
(c) The Director of Elections shall cause a translation or transliteration of the names of all candidates to be prepared by a qualified Chinese-language interpreter according to generally-accepted professional standards. A candidate may submit documentary evidence demonstrating established use of a particular translation or transliteration of his or her name to assist the interpreter, but the Director of Elections' decision to accept the translation or transliteration of a candidate's name submitted by the Department's interpreter shall be final. Translated or transliterated names accepted by the Director shall be available for public review for ten days, and the Director's decision may be challenged pursuant to California Elections Code Section 13313.
(Added by Ord. 233-99, File No. 991282, App. 8/20/99)
In addition to the requirements imposed by Division 3, Chapter 1 of the California Elections Code, each absent voter identification envelope shall be returnable to the Department of Elections with postage paid by the Department of Elections. The Director of Elections, or the Director's designee, is authorized to enter into any contracts with the United States Postal Service that the Director determines are necessary and advisable to implement this Section.
(Added by Ord. 99-02, File No. 020412, App. 6/28/2002)
With respect to any election to be held in the City and County, the Director of Elections shall prepare a voter information pamphlet. The voter information pamphlet shall contain, in addition to any other material required by the Charter or by general law, the following materials:
(a) General contents:
(1) A table of contents;
(2) An index of candidates and measures;
(3) A brief explanation of the purpose and use of the pamphlet;
(4) A summary of voters' rights, including a description of the right provided to every elector by California Elections Code sections 9295 and 13314 to seek a writ of mandate or an injunction prior to the publication of the Voter Information Pamphlet, requiring any or all of the materials submitted for publication in the Pamphlet to be amended or deleted;
(5) A brief description of the rules and procedures that govern the submission, selection and publication of ballot arguments in the pamphlet, including a statement explaining that each person entitled to submit a "Proponent's" or "Opponent's" argument is chosen pursuant to the priority list stated in Section 545 of this Code;
(6) A disclaimer that neither the Director of Elections nor any other City agency, official or employee verifies the accuracy of information contained in the ballot arguments or candidate qualification statements appearing in the pamphlet, and an explanation that any person submitting a ballot argument or qualifications statement bears the sole responsibility for claims made therein;
(7) Artwork, graphics and other material which the Director of Elections determines will make the pamphlet easier to understand or more useful to the voter;
(8) Definitions of terms appearing in the pamphlet; and
(9) A sample ballot.
(b) Contents as to candidates:
(1) The candidate qualification statement of each candidate for an elective office of the City and County;
(2) A brief statement of the term, compensation, and duties of each elective office of the City and County appearing in the pamphlet; and
(3) Any notice required by the Campaign Finance Reform Ordinance or the Political Reform Act, Government Code Section 85600, informing voters whether the candidate has adopted the applicable voluntary expenditure ceiling.
(c) Contents as to measures:
(1) The identification of each measure by letter and title;
(2) The City Attorney's statement or question for each measure;
(3) The digest of each measure prepared by the Ballot Simplification Committee;
(4) The Controller's financial analysis of each measure;
(5) An explanation of how the measure qualified for submission to the voters;
(A) If the measure was submitted to the voters by the Board of Supervisors, the explanation required by Subsection (c)(5) of this Section shall identify those Supervisors who voted for submission of the measure and those Supervisors who voted against submission of the measure,
(B) If the measure was submitted to the voters by four or more members of the Board of Supervisors, the explanation required by Subsection (c)(5) of this Section shall identify those Supervisors who submitted the measure,
(C) If the measure was submitted to the voters by initiative petition, the explanation required by Subsection (c)(5) of this Section shall include the number of valid signatures of registered San Francisco voters that were required to qualify the measure for the ballot, and the date on which the Director of Elections certified that the measure qualified for the ballot;
(6) The full text of each measure to be voted upon at the election;
(7) The opponent, proponent, rebuttal and paid arguments, if any, for or against each measure; and
(8) A disclaimer before the opponent, proponent or rebuttal arguments that are authorized by motion by the Board of Supervisors and submitted by the Board of Supervisors or by one or more members of the Board of Supervisors for or against any measure, stating, "The Board of Supervisors authorized the submission of the following argument. As of the date of the publication of this Voter Information Pamphlet, the following Supervisors endorse the measure [insert names of Supervisors who have by 5:00 p.m. on the deadline for the submission of the proponent and opponent arguments set forth in Section 535 of this Code notified the Department of Elections in writing that they endorse the measure]; oppose the measure [insert names of Supervisors who have by 5:00 p.m. on the deadline for the submission of the proponent and opponent arguments set forth in Section 535 of this Code notified the Department of Elections in writing that they oppose the measure]; take no position on the measure [insert names of Supervisors who have by 5:00 p.m. on the deadline for the submission of the proponent and opponent arguments set forth in Section 535 of this Code either failed to notify the Department of Elections that they support or oppose the measure or notified the Department of Elections in writing that they have not taken a position on the measure]" This disclaimer shall not be counted towards the number of words permitted in each argument.
Measures, and the material specified in this Section relating to said measures, shall be printed in the voter information pamphlet in the same order in which designated upon the ballot.
If space allows, the items specified in Subsection (c)(1) to (c)(5) of this Section shall be printed together on the same page of the voter information pamphlet. This page shall be known as the "ballot measure title page." The ballot measure title page shall also indicate: the page number at which the full text of the measure is printed; the page number at which the arguments for or against the measure are printed; and, if applicable the page number at which the definitions of terms appearing on ballot measure title page are printed.
The format of the voter information pamphlet shall be determined by the Director of Elections, subject to the approval of the Ballot Simplification Committee.
The voter information pamphlet shall be mailed to each registered San Francisco voter at least 29 days prior to each election.
(Added by Ord. 429-97, App. 11/17/97; amended by Ord. 44-03, File No. 021996, App. 4/3/2003; amended by Ord. 183-03, File No. 030652, App. 7/25/2003; Ord. 291-06, File No. 061375, App. 11/29/2006)
Whenever the text of any proposed measure, including a Charter amendment, is printed in the voter information pamphlet pursuant to Section 500(c)(6), the Director of Elections shall distinguish additions to or deletions from existing legislation in the printed text of the measure by underlining, bold type, strike-outs or other appropriate means. An explanation of the method used to distinguish the proposed changes shall immediately precede the text of the measure.
Any proposal for amendment of the Charter which is ordered submitted to the electors by the Board of Supervisors shall also be published in the official newspaper.
(Added by Ord. 134-99, File No. 990585, App. 5/28/99)
The Director of Elections shall determine the title and letter designation of each measure. The Director of Elections shall assign letter designations according to the procedures set forth in this Section.
First, bond measures shall be assigned letter designations. The bond measure involving the largest amount of money shall be assigned the letter designation "A." The bond measure involving the second largest amount of money shall be assigned the letter designation "B." This process shall continue until each bond measure is assigned a letter designation with successive letters of the alphabet.
Second, Charter amendments shall be assigned letter designations. The order of designation of Charter amendments shall be determined by random lottery. The first, randomly selected Charter amendment shall be assigned the next available letter of the alphabet. This process shall be repeated until each Charter amendment is assigned a letter designation with successive letters of the alphabet.
If there are two or more Charter amendments that concern the same subject matter, the order of designation of Charter amendments shall be determined by random lottery with a limited exception. Once the first of the related Charter amendments is randomly selected and assigned a letter designation, the related Charter amendment(s) shall be removed from the lottery and assigned the next successive letter(s) of the alphabet. The random lottery shall then resume until each Charter amendment is assigned a letter designation with successive letters of the alphabet.
Third, ordinances shall be assigned letter designations. The order of designation of ordinances shall be determined by random lottery. The first, randomly selected ordinance shall be assigned the next available letter of the alphabet. This process shall be repeated until each ordinance is assigned a letter designation with successive letters of the alphabet.
If there are two or more ordinances that concern the same subject matter, the order of designation of ordinances shall be determined by random lottery with a limited exception. Once the first of the related ordinances is randomly selected and assigned a letter designation, the related ordinance(s) shall be removed from the lottery and assigned the next successive letter(s) of the alphabet. The random lottery shall then resume until each ordinance is assigned a letter designation with successive letters of the alphabet.
Fourth, declarations of policy shall be assigned letter designations. The order of designation of declarations of policy shall be determined by random lottery. The first, randomly selected declaration of policy shall be assigned the next available letter of the alphabet. This process shall be repeated until each declaration of policy is assigned a letter designation with successive letters of the alphabet.
If there are two or more declarations of policy that concern the same subject matter, the order of designation of declarations of policy shall be determined by random lottery with a limited exception. Once the first of the related declarations of policy is randomly selected and assigned a letter designation, the related declaration(s) of policy shall be removed from the lottery and assigned the next successive letter(s) of the alphabet. The random lottery shall then resume until each declaration of policy is assigned a letter designation with successive letters of the alphabet.
(Added by Ord. 429-97, App. 11/17/97)
(a) Format. Except as provided in Subsection (c) of this Section, the City Attorney shall prepare a general statement of any ballot measure to be submitted to the voters, followed by the words "yes" and "no," so arranged that voters may indicate a choice upon the ballot. The general statement or question shall not exceed 30 words, except where the subject measure is unusually complex, in which case the general statement or question shall not exceed 100 words.
(b) Deadline. The general question or statement for any measure shall be transmitted to the Director of Elections no fewer than 85 days prior to the election to which it relates, for printing and inclusion in the voter information pamphlet.
(c) Bond Measures. The City Attorney shall not prepare the general statement of a bond measure where the Board of Supervisors approves a general statement of the measure by ordinance or resolution. The general statement of a bond measure shall not exceed 100 words.
(Added by Ord. 429-97, App. 11/17/97; amended by Ord. 183-03, File No. 030652, App. 7/25/2003)
(a) The Ballot Simplification Committee shall prepare a digest of each measure submitted to the voters. Each digest shall include four subsections. These four subsections shall be entitled and shall appear in the following sequence in the voter information pamphlet: The Way It is Now, The Proposal, A "Yes" Vote Means, A "No" Vote Means.
(b) No digest shall exceed 300 words, exclusive of the title for each subsection provided for in Subsection (a) of this Section, unless the Ballot Simplification Committee determines that a longer digest is required because of the complexity or scope of the proposed measure.
(c) In preparing the digest of any measure, the Ballot Simplification Committee shall achieve the closest proximity to the eighth grade level of readability as possible. The Committee may utilize any nationally accepted standard for estimating readability.
(d) The digest for any measure shall be transmitted to the Director of Elections no fewer than 85 days prior to the election to which it relates, for printing and inclusion in the voter information pamphlet.
(Added by Ord. 429-97, App. 11/17/97)
(a) The Controller shall prepare an impartial financial analysis of each measure submitted to the voters. The Controller's financial analysis shall include the amount of any increase or decrease in the cost of City and County government. The Controller's financial analysis shall also include the effect of the measure upon the tax rate.
For any general obligation bond measure placed on the ballot, the Controller's financial analysis shall include an explanation of the City's legal debt limit, as well as the impact of the proposed bond measure on that limit. The Controller's financial analysis for a general obligation bond measure placed on the ballot, including general obligation bond measures submitted by the San Francisco Unified School District or San Francisco Community College District, also shall include an explanation of the 50 percent passthrough of the change in a landlord's property tax resulting from the repayment of such indebtedness provided in Administrative Code Section 37.3(a)(6), and an estimate of the impact of that passthrough under the proposed bond measure.
(b) The Controller's financial analysis shall be in a form appropriate for inclusion in the voter information pamphlet.
(c) The Controller's financial analysis of any measure shall be transmitted to the Director of Elections no fewer than 85 days prior to the election to which it relates, for printing and inclusion in the voter information pamphlet.
(Added by Ord. 429-97, App. 11/17/97; amended by Ord. 202-00, File No. 001156, App. 8/18/2000; Ord. 252-06, File No. 061183, App. 10/11/2006)
(a) Purpose. The ordinance is adopted to promote the policy contained in Administrative Code Section 3.26.
(b) Controller's Statement. Whenever a proposed appears on the ballot that includes a Set-Aside as that term is defined in Administrative Code Section 3.26, the Controller shall prepare and the Director of Elections shall caused to be printed in the voter information pamphlet a statement analyzing the impact of the measure on the City's budget and finances during the term of the measure, considered alone and in combination with existing Set-Asides. The Controller's statement shall inform the voters of both the policy that this section of the Charter adopts and whether the proposal identifies a specific adequate new funding source for the proposed Set-Aside so that the implementation of the Set-Aside will not cause any anticipated reduction in discretionary funding that the Mayor and Board of Supervisors may allocate in the budgetary process. The Controller may include any other material in the statement that he or she deems useful and appropriate.
(Added by Proposition S, § 2, 11/4/2008)
(a) The Director of Elections shall, between the ninetieth day and the eighty-first day prior to any election, publish, on three separate occasions, a notice in the official newspaper that arguments may be submitted for or against any measure to be voted upon at said election. Said notice need not include a description of said measures.
(b) The Director of Elections shall also distribute a news release relating to the submission of arguments to such other newspapers and radio and television stations as he or she deems will best inform persons of their right to submit such arguments, and to examine such arguments for a 10-day period as provided by California Elections Code Section 9295 and Section 590 of this Article.
(Added by Ord. 429-97, App. 11/17/97; Ord. 291-06, File No. 061375, App. 11/29/2006)
(a) Rules for Submission. These procedures shall govern the submission and publication of ballot arguments for or against any measure submitted to the voters.
(b) Authorship. The Board of Supervisors, or any member or members of the Board of Supervisors authorized by that body; the Mayor; any proponent of an initiative measure or a referendum; any individual voter who is eligible to vote on the measure, or group of such voters; or association or organization; or any combination thereof, may submit a written argument for or against any measure for publication in the voter information pamphlet. When the Board of Supervisors authorizes a member or members of that body to submit and sign a written proponent or opponent argument for or against any measure for publication in the voter information pamphlet, or assigns that right to another person pursuant to Section 550 of this Code, the Board shall provide such authorization by motion and need not take any further action, including voting on or otherwise approving the actual text of the argument before it is submitted for publication.
(c) Form. To ensure that all ballot arguments are filed in a uniform format, the arguments shall be submitted in a manner specified by the Director of Elections.
(d) Authorization Signatures Required. A ballot argument shall not be accepted unless accompanied by the signature or signatures of the person or persons submitting it, or, if submitted on behalf of an association or organization, the name of the association or organization and the signature of at least one of its principal officers who is a registered San Francisco voter. The association or organization submitting the argument must clearly indicate whether it wishes the name of the officer submitting the argument to be printed as part of the argument. The names of additional associations, organizations, or individuals who are registered San Francisco voters may be submitted as co-authors of the argument. The names and titles of all co-authors, and the name and title of any other person to be included in the text of the argument as printed in the voter information pamphlet, shall be counted against the 300-word limit specified in Section 575 of this Article. Such names and titles shall be subject to the per-word fee specified in Section 830 of this Code.
(e) Consent Required. A ballot argument which includes in its text the name of a individual or entity, other than a co-author of the argument, which is represented as being for a measure, or which is represented as supporting or endorsing the views expressed in the argument, shall not be accepted unless the argument is accompanied by a statement of consent signed by such individual or entity. The consent of an entity shall be signed by an officer or other duly authorized representative.
(Added by Ord. 429-97, App. 11/17/97; amended by Ord. 44-03, File No. 021996, App. 4/3/2003; Ord. 183-03, File No. 030652, App. 7/25/2003; Ord. 291-06, File No. 061375, App. 11/29/2006)
(a) Proponent and Opponent Arguments. Ballot arguments submitted for selection as the "proponent's" argument for or "opponent's" argument against a measure as provided in Section 545 must be submitted to the Director of Elections no later than noon of the eighty-second day prior to the election at which the measure is to be voted upon.
(b) Rebuttal Arguments. Rebuttal arguments as provided for in Section 550 must be submitted to the Director of Elections no later than noon of the seventy-eighth day prior to the election at which the measure is to be voted upon.
(c) Paid Arguments. Ballot arguments submitted for publication as paid arguments for or against a measure as provided for in Section 560 must be submitted to the Director of Elections no later than noon of the seventy-eighth day prior to the election at which the measure is to be voted upon.
(d) Modification or Withdrawal of Submitted Arguments. Arguments may be changed or withdrawn by the persons submitting them at any time up to and including the last day for submission. No person may change an argument, except as provided in Subsection (e), and no person may withdraw an argument after the deadline for submission of the argument.
(e) Correction of Submitted Arguments. Grammatical, spelling and factual errors contained in a proponent or opponent argument may be corrected by the person submitting the argument at any time up until noon of the eighty-first day prior to the election. Grammatical, spelling and factual errors contained in a rebuttal argument may be corrected by the person submitting the argument at any time up until noon of the seventy-seventh day prior to the election. Grammatical, spelling and factual errors contained in a paid argument may be corrected by the person submitting the argument at any time up until noon of the seventy-seventh day prior to the election. For purposes of this Subsection, the determination of what constitutes a grammatical, spelling or factual error shall be made by the Director of Elections. No person may correct grammatical spelling or factual errors contained in an argument after the deadline specified in this Subsection.
(Added by Ord. 429-97, App. 11/17/97; amended by Ord. 183-03, File No. 030652, App. 7/25/2003; Ord. 223-04, File No. 040980, App. 8/25/2004; Ord. 291-06, File No. 061375, App. 11/29/2006)
The Director of Elections shall cause one argument for and one argument against the measure to be selected as the "proponent's" and "opponent's" argument, respectively, and printed free of charge in the voter information pamphlet in a location following the ballot statement or question, the digest prepared by the Ballot Simplification Committee, and the Controller's statement for that measure.
(Added by Ord. 429-97, App. 11/17/97)
(a) In the event more than one argument is submitted for selection as the "proponent's" argument for or "opponent's" argument against any measure, the Director of Elections shall no later than 2:00 p.m. on the eighty-second day prior to the election select the argument to be published according to the order of priority shown herein.
(1) Arguments supporting a measure:
(A) The proponent of an initiative petition; or the Mayor, the Board of Supervisors or four members of the Board of Supervisors if the measure is submitted by the same;
(B) The Board of Supervisors, or any member or members designated by motion of the Board;
(C) The Mayor;
(D) Any individual registered San Francisco voter, group of registered San Francisco voters, association or organization, or combination thereof.
(2) Arguments opposing a measure:
(A) In the case of a referendum, the person who files a referendum petition with the Board of Supervisors;
(B) The Board of Supervisors, or any member or members designated by motion of the Board;
(C) The Mayor;
(D) Any individual registered San Francisco voter, group of registered San Francisco voters, association or organization, or combination thereof.
(b) In the event that more than one argument is submitted for or against a measure at any given level of priority and no argument entitled to higher priority is submitted, the Director of Elections shall select the "proponent's" or "opponent's" argument by lot from among all arguments at the highest level of priority.
(Added by Ord. 429-97, App. 11/17/97; Ord. 291-06, File No. 061375, App. 11/29/2006)
(a) Exchange of Proponent and Opponent Arguments. Upon selection of the "proponent's" argument for and "opponent's" argument against a measure, the Director of Elections shall immediately send copies of both to the persons whose arguments have been selected. The authors of the direct arguments may each prepare and submit a rebuttal argument not to exceed 250 words. Rebuttal arguments shall be printed in the same manner as the direct arguments and in a location immediately following the appropriate direct arguments. If no direct argument is submitted in support of or in opposition to a measure, the Director of Elections shall not accept or publish any rebuttal argument.
(b) When the Board of Supervisors authorizes a member or members of that body to submit and sign a rebuttal argument to any written proponent or opponent argument for or against any measure for publication in the voter information pamphlet, or assigns that right to another person or persons pursuant to Subsection (d), the Board shall provide such authorization by motion and need not take any further action, including voting on or otherwise approving the actual text of the rebuttal argument before it is submitted for publication.
(c) Assignment of Proponent and Opponent Arguments. Persons who are entitled, pursuant to Section 545(a)(1)(A), (B) or (C) or Section 545(a)(2)(A), (B), or (C) to submit the proponent or opponent argument for a particular measure may assign the right to submit the argument to another person or persons, provided that the assignee is eligible to submit an argument pursuant to Section 530(b) of this Code.
(d) Assignment of Rebuttal Arguments. The authors of a direct proponent or opponent argument may assign to another person or persons the right to submit a rebuttal argument, provided that the assignee is eligible to submit an argument pursuant to Section 530(b) of this Code.
(Added by Ord. 429-97, App. 11/17/97; amended by Ord. 44-03, File No. 021996, App. 4/3/2003; Ord. 183-03, File No. 030652, App. 7/25/2003; Ord. 291-06, File No. 061375, App. 11/29/2006)
Any individual or entity submitting an argument for selection as a "proponent's" or "opponent's" argument may separately submit the same as a paid argument, subject to the deadline and fee or signature requirements elsewhere provided in this Article. If an argument is selected as a "proponent's" or "opponent's" argument, the Director of Elections shall return any printing fee already paid to the individual or entity submitting the argument.
(Added by Ord. 429-97, App. 11/17/97)
(a) Upon deposit of the fee specified in Section 830 of this Code and the filing of a statement signed under penalty of perjury disclosing the true source of the funds used for payment of the fee, the Director of Elections shall accept for publication any ballot argument otherwise complying with the provisions of this Article.
(b) When the true source of the funds used for payment of a publication fee qualifies as a recipient political committee pursuant to California Government Code Section 82013(a), the person submitting the ballot argument shall also disclose the names of the three contributors whose cumulative contributions are the largest contributions received by the committee during the six months immediately preceding submission of the ballot argument.
(Added by Ord. 429-97, App. 11/17/97)
(a) The author of any ballot argument otherwise complying with the provisions of this Article may submit a petition containing signatures in lieu of the publication fee required under Section 830. Any registered voter of the City and County may sign an in-lieu petition for an argument for or against a measure. Each signature shall reduce the amount of the publication fee by the amount specified in Section 840 of this Code. A voter may sign both an initiative or referendum petition and an in-lieu publication fee petition; the petitions, however, must be separate documents.
(b) Any registered voter of the City and County may sign in-lieu of publication fee petition for more than one argument concerning the same measure. However, a registered voter may not sign an in-lieu publication fee petition for one particular argument more than once.
(c) Each in-lieu petition shall include a complete and accurate copy of the text of the proposed argument and shall be submitted in a format prescribed by the Director of Elections. Each petition shall also include spaces for the voter's signature, printed name and residence address. The residence address shall include street and number within the City and County, or other adequate designation of residence so that the location may be readily ascertained. Across the top of each printed page there shall be printed in 12-point boldface type the following: "Petition in Lieu of Ballot Argument Publication Fee."
(d) Each in-lieu petition shall include an affidavit signed by the circulator in substantially the same form as set forth in California Elections Code Section 9022, except that the affidavit shall declare that the circulator is a voter of the City and County and shall state the address at which the circulator is registered to vote at the time of the execution of the affidavit.
(Added by Ord. 429-97, App. 11/17/97)
(a) Upon receipt of the minimum number of signatures required, or a sufficient combination of such signatures and pro rata publication fee, the Director of Elections shall provisionally accept the argument for inclusion in the ballot pamphlet. Within seven days after the receipt of the petition, the Director of Elections shall notify the submitter of the petition of any deficiency in the in-lieu signatures submitted. The submitter may then, prior to the close of the period for the submission of arguments, submit additional signatures in compliance with the provisions of this Article governing in-lieu petitions, or pay a pro rata portion of the publication fee to cover the deficiency.
(b) If determination of the deficiency occurs after the close of the period for submission of arguments, the submitter, within 24 hours of being notified of the deficiency, shall pay an amount sufficient to cure the deficiency or the Director of Elections shall not publish the argument. In the event the Director of Elections does not publish the argument, the Director of Elections shall reimburse the submitter for any payment previously made.
(c) The submitter of an in-lieu petition may submit a greater number of signatures than required to allow for subsequent losses due to the invalidity of some signatures. The Director of Elections shall not be required to determine the validity of a greater number of signatures than that required to qualify the argument for publication.
(d) The author of an argument may submit both an in-lieu petition and deposit a fee which combined exceed the number of signatures and/or amount of money required to qualify the argument for publication, up to and including submittal of the full number of signatures and payment of the full fee. The Director of Elections shall thereafter refund any remaining portion of the fee not needed to cure any deficiency in the in-lieu petition caused by invalid signatures.
(e) If the number of signatures affixed to an in-lieu petition is 100 or more, the Director of Elections may use a random sampling technique for verification of the signatures. The random sampling shall include an examination of 100 signatures, or three percent of the total number of signatures submitted, whichever is greater. Upon completion of the verification of signatures in the sample, the percentage of signatures which are valid shall be applied and projected to the total number of signatures submitted.
(Added by Ord. 429-97, App. 11/17/97)
No argument filed in accordance with the provisions of this Article shall exceed 300 words in length and each such argument shall be subscribed by the name or names of the person or persons submitting the same, or, if submitted on behalf of an association or organization, the name of the association or organization and the name of at least one of its principal officers who is a registered San Francisco voter. In counting the number of words in any argument, the names of the individuals and entities subscribed thereto or submitted as co-authors of said argument shall be included in said word count.
(Added by Ord. 429-97, App. 11/17/97)
The Director of Elections shall, upon the receipt of any argument within the time limit specified in this Article, review the same for conformity with the provisions of Sections 530(c), 530(d), and 575 of this Article. If any argument is found not to conform with the provisions of said Sections, the Director of Elections shall forthwith return said argument to the person filing the same indicating in what respect said argument does not so conform and without prejudice to the filing of a revised argument by said person within the time limit prescribed in Section 535 of this Article. In the event the Director of Elections finds that the argument does not comply with the requirements of this Article after the time limit prescribed in Section 535, the proponent of the argument may submit a revised argument within 24 hours after receiving notice of the defect by the Director of Elections.
(Added by Ord. 429-97, App. 11/17/97)
In the event that an argument has been prepared and submitted in compliance with this Article, the Director of Elections shall publish the argument in the voter information pamphlet. Immediately following each paid ballot argument in the voter information pamphlet, the Director of Elections shall include a statement disclosing the name of the individual or entity that is the true source of the funds used for publication of that argument. In addition, if the true source of funds is a recipient political committee pursuant to California Government Code Section 82013(a), the Director of Elections shall publish a statement disclosing the names of the three largest contributors to that committee, as provided to the Department of Elections pursuant to Section 560 of this Code.
(Added by Ord. 429-97, App. 11/17/97)
(Added by Ord. 231-98, App. 7/10/98; repealed by Ord. 17-02, File No. 012129, App. 2/15/2002)
California Elections Code Sections 9295 and 13313 require that certain materials submitted for publication in the voter information pamphlet shall be subject to a 10-day public examination period. The public examination period for each category of material is specified below, and commences one day after the deadline for submitting that material to the Department of Elections and ends ten days later. Following the close of the public examination period for each category of material, the Department of Elections may proceed with publication of that material.
(a) Candidate Materials.
(1) Candidate Qualification Statements. Candidate qualification statements submitted pursuant to Section 220 of this Article shall be available for public examination starting no later than noon on the eighty-seventh day prior to the election. The public examination period shall end at noon on the seventy-seventh day prior to the election.
(2) Ballot Designations. Candidate ballot designations submitted pursuant to Section 225 of this Article shall be available for public examination starting no later than noon on the eighty-seventh day prior to the election. The public examination period shall end at noon on the seventy-seventh day prior to the election.
(b) Ballot Measure Materials.
(1) Ballot Digests. Statements prepared by the Ballot Simplification Committee pursuant to Section 610 of this Article shall be available for public examination starting no later than noon on the eighty-fourth day prior to the election. The examination period shall end at noon on the seventy-fourth day prior to the election.
(2) Controller Statements. Statements prepared by the Controller pursuant to Section 520 of this Article shall be available for public examination starting no later than noon on the eighty-fourth day prior to the election. The public examination period shall end at noon on the seventy-fourth day prior to the election.
(3) City Attorney Statements or Questions. Statements or questions prepared by the City Attorney pursuant to Section 510 of this Article shall be available for public examination starting no later than noon on the eighty-fourth day prior to the election. The public examination period shall end at noon on the seventy-fourth day prior to the election.
(4) Proponent and Opponent Arguments. Proponent and opponent arguments submitted pursuant to Section 535(a) of this Article shall be available for public examination starting no later than noon on the eighty-first day prior to the election. The public examination period shall end at noon on the seventy-first day prior to the election.
(5) Rebuttal Arguments. Rebuttal arguments submitted pursuant to Section 535(b) of this Article shall be available for public examination starting no later than noon on the seventy-seventh day prior to the election. The public examination period shall end at noon on the sixty-seventh day prior to the election.
(6) Paid Arguments. Paid arguments submitted pursuant to Section 535(c) of this Article shall be available for public examination starting no later than noon on the seventy-seventh day prior to the election. The public examination period shall end at noon on the sixty-seventh day prior to the election.
(c) Other Materials. For all other materials submitted for publication in the voter information pamphlet that are subject to a 10-day public examination period pursuant to California Elections Code Sections 9295 and 13313, but for which an examination period is not specified by this Section, the examination period shall commence no later than noon on the seventy-seventh day prior to the election and shall end at noon on the sixty-seventh day prior to the election.
(Added by Ord. 429-97, App. 11/17/97; amended by Ord. 183-03, File No. 030652, App. 7/25/2003; Ord. 223-04, File No. 040980, App. 8/25/2004; Ord. 291-06, File No. 061375, App. 11/29/2006)
(a) It is the City's policy to urge and encourage all individuals who cannot speak English to take English language courses, and thereby enhance their ability to participate in and contribute to the process of deliberation vital to the democratic process.
(b) The Director of Elections is directed, in those instances in which a separate ballot pamphlet or pamphlets in a foreign language are distributed, to place in such pamphlets, in the corresponding language, information as to the time, place, nature and telephone numbers of free English language classes in public and private schools and agencies in the City.
(Added by Ord. 429-97, App. 11/17/97; amended by Ord. 183-03, File No. 030652, App. 7/25/2003)
The Ballot Simplification Committee (hereinafter called "Committee") shall consist of five voting members, two of whom shall be appointed by the Mayor and three of whom shall be appointed by the Board of Supervisors. The City Attorney, or his or her designated representative, shall be an ex officio member and shall have a voice but no vote in committee proceedings. Each appointive member shall be a registered San Francisco voter, shall possess an understanding of ballot issues and shall possess writing skills and training which provide for a high capability in written communication to the general public.
Of the two members to be appointed by the Mayor, one shall be appointed from persons whose names have been submitted by The Northern California Newspaper Guild and one shall be an educational reading specialist recommended by the Superintendent of Schools of the San Francisco Unified School District. Two of the three members appointed by the Board of Supervisors shall be appointed from persons whose names have been submitted by the National Academy of Television Arts and Sciences, Northern California Chapter, or the Northern California Broadcasters Association. The third member appointed by the Board of Supervisors shall be appointed from persons whose names have been submitted by the League of Women Voters of San Francisco.
The term of each appointive member shall be two years unless earlier removed by their respective appointing authority. In the event of such removal or in the event a vacancy otherwise occurs during the term of office of any appointive member, a successor shall be appointed for the unexpired term of the office vacated in a manner similar to that described herein for the initial members. The Committee shall elect a chair from among its appointive members. The term of office as chair shall be for the calendar year or for that portion thereof remaining after each such chair is elected. Members of the Committee shall serve as such without compensation.
(Added by Ord. 429-97, App. 11/17/97)
(a) The Committee shall have the power and duty to:
(1) Prepare a digest of each measure that will be voted on only in the City and County of San Francisco;
(2) Assist the Director of Elections in preparing the additional materials set forth in Article V of this Code.
(b) In the exercise of its powers and duties under this Article, the Committee shall have access to any appropriate officer, department, board or commission of the City and County for consultation and assistance. When preparing a digest, the Committee shall give consideration to the analyses prepared by departments pursuant to Section 350 of this Code.
(c) Prior to submitting any digest measure to the Director of Elections, the Committee shall provide a 24-hour period to receive and act on written requests for reconsideration of a digest. The Committee shall consider only those requests provided in writing and including the specific language in the digest that the requestor wants to amend, the alternate language the requestor recommends, and the reasons for that recommendation.
(d) Digests of measures prepared by the Committee shall, no fewer than 85 days prior to the election to which they relate, be transmitted by said Committee to the Director of Elections for printing and inclusion in the voter information pamphlet.
(Added by Ord. 429-97, App. 11/17/97; Ord. 291-06, File No. 061375, App. 11/29/2006)
The place, date and time of meeting of the Committee shall be prescribed by rule of the Committee; provided, however, that the Committee shall give at least one week's advance notice of any meeting, whenever possible, to the Mayor, the Board of Supervisors and the official proponents, of any initiative ordinance, Charter amendment or declaration of policy, any other person who has notified the Director of Elections of his or her interest in the measure, and the public. All meetings, except as provided by law, shall be open to the public.
(Added by Ord. 429-97, App. 11/17/97)
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(Added by Ord. 429-97, App. 11/17/97; amended by Ord. 169-01, File No. 011165, App. 8/3/2001; repealed by Ord. 279-03, File No. 031708, App. 12/12/2003)
(Added by Ord. 429-97, App. 11/17/97; repealed by Ord. 279-03, File No. 031708, App. 12/12/2003)
(Added by Ord. 429-97, App. 11/17/97; amended by Ord. 169-01, File No. 011165, App. 8/3/2001; repealed by Ord. 279-03, File No. 031708, App. 12/12/2003)
(Added by Ord. 429-97, App. 11/17/97; amended by Ord. 169-01, File No. 011165, App. 8/3/2001; repealed by Ord. 279-03, File No. 031708, App. 12/12/2003)
(Added by Ord. 429-97, App. 11/17/97; repealed by Ord. 279-03, File No. 031708, App. 12/12/2003)
(Added by Ord. 169-01, File No. 011165, App. 8/3/2001; repealed by Ord. 279-03, File No. 031708, App. 12/12/2003)
(Added by Ord. 169-01, File No. 011165, App. 8/3/2001; repealed by Ord. 279-03, File No. 031708, App. 12/12/2003)
The fees imposed by this Article are adopted pursuant to Charter Section 13.109.
(Added by Ord. 429-97, App. 11/17/97; amended by Ord. 183-03, File No. 030652, App. 7/25/2003)
Editor's note: Ord. 291-06, File No. 061375, Approved November 29, 2006, repealed Section 810 which pertained to candidate filing fees.
(Former History: Added by Ord. 429-97, App. 11/17/97; Ord. 291-06, File No. 061375, App. 11/29/2006)
At the time that a candidate files a candidate statement pursuant to Section 220 of this Code, the candidate shall pay a candidate statement filing fee in an amount proposed by the Director of Elections and approved by the Board of Supervisors as required by Charter Section 13.109 and in accordance with California Elections Code Section 13307(c).
(Added by Ord. 291-06, File No. 061375, App. 11/29/2006)
At the time a proponent files a notice of intention to circulate an initiative petition, the proponent shall pay a petition filing fee of $200.00 pursuant to Section 320 of this Code.
(Added by Ord. 429-97, App. 11/17/97)
At the time that the author of a ballot argument submits the argument for publication as a paid argument, the author shall pay a ballot argument filing fee of $200.00 plus $2.00 per word pursuant to Sections 560, 565 and 570 of this Code.
(Added by Ord. 429-97, App. 11/17/97; amended by Ord. 270-98, App. 8/28/98; Eff. 1/1/99)
Each signature submitted in lieu of a fee that is specified in this Article shall reduce the amount of the fee by $0.50.
(Added by Ord. 429-97, App. 11/17/97; amended by Ord. 270-98, App. 8/28/98; Eff. 1/1/99)
The Board of Supervisors shall maintain a fund of not less than $100,000 to be known as the Special Election Fund, to be used exclusively for defraying the costs of verifying petitions and other expenses of all special elections, including recall elections. In the event of the expenditure of any of said fund, the Board of Supervisors in the next succeeding annual budget shall appropriate a sum sufficient to reimburse said Special Election Fund.
(Added by Ord. 429-97, App. 11/17/97)
The Director of Elections shall preserve for a period of two years all candidates' declarations, petitions and all nomination certificates filed in accordance with this Code. After two years, the Director of Elections may destroy these records.
(Added by Ord. 429-97, App. 11/17/97)
(Added by Ord. 429-97, App. 11/17/97; repealed by Ord. 183-03, File No. 030652, App. 7/25/2003)
All provisions of this Code imposing obligations and deadlines on City officials are directory only, and shall not provide a basis for invalidating action taken by City officials which does not comply with the Code. No informalities in conducting elections shall invalidate such elections if they have been conducted fairly and in substantial compliance with and conformity to the legal requirements.
(Added by Ord. 429-97, App. 11/17/97)
Whenever this Code incorporates a specific section or sections of the California Elections Code or other law, the intent is to also incorporate subsequent amendments to that section or sections, and any successor sections.
(Added by Ord. 429-97, App. 11/17/97)
If any section, subsection, sentence, clause, or phrase of this Code is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Code. The Board of Supervisors hereby declares that it would have passed this Code and each and every article, section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Code would be subsequently declared invalid or unconstitutional.
(Added by Ord. 429-97, App. 11/17/97)
(a) No person shall directly or through any other person pay, lend, or contribute or offer or promise to pay, lend, or contribute, any money or other valuable consideration to or for any voter or to or for any other person to:
(1) Induce any person to:
(A) Vote at any municipal election;
(B) Refrain from voting at any municipal election;
(C) Vote or refrain from voting at a municipal election for or against any particular person or measure; or
(D) Remain away from the polls during a municipal election; or
(2) Reward any person for having:
(A) Voted at any municipal election;
(B) Refrained from voting at any municipal election;
(C) Voted or refrained from voting at a municipal election for or against any particular person or measure; or
(D) Remained away from the polls during a municipal election.
(b) No person may directly or through any other person solicit, accept, receive, agree to accept, or contract for, before, during or after a municipal election, any money, gift, loan, or other valuable consideration, offer, place, or employment for himself or herself or any other person because he or she or any other person:
(1) Voted or agreed to vote at any municipal election;
(2) Refrained or agreed to refrain from voting at a municipal election;
(3) Voted, agreed to vote, refrained from voting, or agreed to refrain from voting for or against any particular person or measure at a municipal election;
(4) Remained away or agreed to remain away from the polls during a municipal election; or
(5) Induced any other person to:
(A) Vote or agree to vote at any municipal election;
(B) Refrain from voting or agree to refrain from voting at a municipal election;
(C) Vote, agree to vote, refrain from voting, or agree to refrain from voting for or against any particular person or measure at a municipal election; or
(D) Remain or agree to remain away from the polls during a municipal election.
(c) Any person violating any of the provisions of this section shall be guilty of a misdemeanor and, upon a final judgment of conviction of same, shall be removed from office or in the alternative shall be subject to a penalty of not more than six months in jail and/or fine of not more than $1,000, as well as removal.
(d) "Person" means an individual, partnership, corporation, association, firm or other organization or entity, however organized.
(e) Nothing in this section shall prohibit the following:
(1) Making an expenditure for, offering, providing, accepting or receiving transportation to or from the polls; or
(2) Making an expenditure for, organizing or attending a gathering providing complementary food, beverages and/or entertainment, provided that no valuable consideration is offered, promised, solicited, accepted or received in consideration of the conduct described in subsection (a); or
(3) Making expenditures for the organization and conduct of get-out-the-vote rallies.
(f) Pursuant to the procedures set forth in San Francisco Charter Sections 15.102 and C3.699-10 et seq., the Ethics Commission shall adopt regulations consistent with this section for the purpose of implementing this Section while avoiding any application that would prohibit conduct protected by the United States Constitution or the California Constitution.
(Added by Ord. 4-02, File No. 011909, App. 1/18/2002)
The Department of Elections shall prepare a backup plan for any election for which the voting system that the Department of Elections intends to use in compliance with the San Francisco Charter and state law at that election is pending certification from the California Secretary of State. This backup plan shall be included as part of the written plan submitted to the Elections Commission pursuant to Section 13.103.5 of the Charter. The backup plan shall comply with the San Francisco Charter and state law and provide for alternate vote-counting methods and procedures, including but not limited to the possibility of entering into a contract with an alternate vendor. In addition, when considering the approval of a contract for voting equipment, the Board of Supervisors shall give great consideration to whether that equipment complies at the time of signing the contract with the San Francisco Charter and has gained all necessary certifications from the California Secretary of State.
(Added by Ord. 130-06, File No. 060387, App. 6/22/2006)