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San Joaquin County, CA March 4, 2003 Election
Measure G
Adopt Elections Code
City of Stockton

Charter Ammendment - Majority Approval Required

13,634 / 82.2% Yes votes ...... 2,957 / 17.8% No votes

See Also: Index of all Measures

Information shown below: Impartial Analysis | Arguments |
Impartial Analysis from City of Stockton City Attorney
IMPARTIAL ANALYSIS OF MEASURE G Prepared by the City Attorney

AMENDMENT TO THE STOCKTON CITY CHARTER SPECIAL ELECTION TIMELINE TO CONFORM TO THE STATE ELECTIONS CODE

The Stockton City Council, on its own motion, has placed this Measure on the March 4, 2003, ballot to amend the Stockton City Charter ("Charter") to conform the time limits for the calling of a special municipal election with the time limits as set forth in the California Elections Code.

Currently, Charter Article IX, Section 902 (b) provides if an initiative petition is presented to the Council that meets the ten percent (10%) signature threshold requirement of Charter Article IX, Section 902, the Council shall order a special election "to be held not less than sixty (60) nor more than seventy-five (75) days after the date of the order." The California Elections Code section 9214 provides, however, that a special election shall be held "not less than 88 nor more than 103 days after the date of the order" of election.

The City of Stockton is a Charter city and, as such, can have election requirements different than those contained in the State Elections Code. Or, the City can opt to use provisions of the Elections Code so far as they are not in conflict with the provisions of the Charter. (Stockton City Charter Art. IX, Section 900)

Charter Section 902 (b) was adopted by the voters in 1971 and has not been amended since that time. Since 1971, state and federal election laws have been enacted that have imposed additional requirements on the conduct of elections that impact the time line in which an election can be conducted.

The San Joaquin County Registrar of Voters has officially declared that the Registrar's Office cannot conduct a special election on behalf of the City within the Charter timeline. The Registrar can, however, conduct a special election within the timeline of the Elections Code which allows that a special election be held not less than 88 not more than 103 days after the date of the order of election.

This Measure would amend Charter Section 902 (b) to conform to the State Elections Code special election timeline requirements.

This Measure would require a majority vote of the voters and would take effect upon approval of the election results by the Council and upon filing of the Charter amendment and election results with the Secretary of State.

If you desire a copy of Measure G, please call the Stockton City Clerk's Office at (209) 937-8459 and a copy will be mailed to you at no cost.

 
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Arguments For Measure G
ARGUMENT IN FAVOR OF MEASURE G

The Stockton City Council unanimously voted to place Measure G on the ballot to amend the City Charter to conform the time line for the calling of a special municipal election with the California Elections Code time line.

Charter Article IX, Section 902 (b) was adopted by the voters in 1971 and has not been amended since that time. Since 1971, state and federal election laws have been enacted that have imposed additional requirements on the conduct of elections that impact the time line in which an election can be conducted. This amendment is required because the San Joaquin Registrar of Voters has declared that the County cannot conduct a special election on behalf of the City of Stockton within the Charter's current time limit.

Currently, the Charter provides if an initiative petition is presented to the Council that meets the 10% signature threshold requirement of this article, the Council shall order a special election to be held not less than 60 nor more than 75 days after the date of this order. Elections Code section 9214 provides, however, that a special election shall be held "not less than 88 nor more than 103 days after the date of the order" of election.

Given the 100,000+ registered voters currently in Stockton and the cost to purchase and maintain elections equipment, the City contracts out to the San Joaquin County Registrar of Voters to conduct its elections. The Registrar's Office has officially declared that it cannot conduct a special election on behalf of the City within the Charter time line. The Registrar can, however, conduct a special election within the 88 to 103 day time line pursuant to the Elections Code.

There is no cost associated with this amendment. I urge you to vote "Yes" on Measure G.

Submitted by:

/s/ Gary A. Podesto

Mayor, City of Stockton

(No arguments against Measure G were submitted)


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Created: April 10, 2003 16:55 PDT
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