Submitting Ballot Arguments and Rebuttal Arguments for City Measures
THIS PAGE HAS BEEN PREPARED BY THE CITY CLERKS OFFICE TO PROVIDE GUIDANCE AND ASSISTANCE TO THOSE WISHING TO SUBMIT A BALLOT ARGUMENT OR REBUTTAL TO A BALLOT ARGUMENT FOR A CITY MEASURE.
IT IS INTENDED TO PROVIDE GENERAL INFORMATION, AND DOES NOT HAVE THE FORCE AND EFFECT OF LAW. IT IS DISTRIBUTED WITH THE UNDERSTANDING THAT THE CITY CLERK IS NOT RENDERING LEGAL ADVICE AND, THEREFORE, THE WEBPAGE IS NOT TO BE A SUBSTITUTE FOR LEGAL COUNSEL FOR THE INDIVIDUAL OR ORGANIZATION USING IT.
PEOPLE WISHING TO SUBMIT BALLOT ARGUMENTS OR REBUTTALS TO BALLOT ARGUMENTS FOR CITY MEASURES MUST BEAR FULL RESPONSIBILITY FOR CONFORMING TO THE LAWS REGARDING SUCH ARGUMENTS AND REBUTTALS.
ALL REFERENCES CONTAINED IN THIS HANDBOOK ARE TO THE CALIFORNIA ELECTIONS CODE UNLESS OTHERWISE STATED. |
What is a City Measure?
- A “City Measure” includes an ordinance, question, issue or charter amendment submitted to the voters at election.
Whom do I contact Concerning City Measure Direct and Rebuttal Arguments?
- Direct Arguments and Rebuttal Arguments for city measures are filed with the City Clerk.
How Do I Know a Measure Will Appear on the Ballot so I May File a Direct Argument?
- Once the City Council places a measure on the ballot, the City Clerk prepares and publishes a legal notice indicating the specifics of the measure and requirements of the filer of a Direct Argument.
Who May Author and File Direct Arguments?
- The City Council or any member(s) of the Council authorized by the Council;
- Bona fide associations;
- Individual voters who are eligible to vote on the measure;
- Any combination of bona fide associations and individual voters.
Who May Sign Direct Arguments?
- A signer does not have to be the author or filer (if different) of the Direct Argument.
- A written authorization is needed whenever there are signers who aren’t the authors. See Attachment F.
Do Signers Need to be Registered Voters?
- If an individual is signing a direct argument he/she must be eligible to vote on the measure.
- If the direct argument is submitted on behalf of a bona fide association and the signer(s) of the argument are affiliated with the association and are authorized by the association to sign the argument, the signer(s) do not need to be registered voters in the jurisdiction.
What is the Format of a Direct Argument?
- No argument for or against a measure shall exceed 300 words in length. See Attachment A for guidelines for the counting of words.
- Arguments should be typewritten and in a block format. See Attachment B.
- No argument shall contain more than 5 signatures.
- The following statement, as applicable, must be printed as the heading of the argument:
"Argument in Favor of Measure _______"
"Argument Against Measure _________" |
- The heading and the signature(s) block are not included in the word count.
- For every Direct argument that is filed, the following statement must appear after the text of the argument and must be signed by each proponent or by each author if different of the argument:
The undersigned proponent(s) or author(s) of the ______________(primary/rebuttal argument _____________________________________________(in favor of /against)
ballot measure _____________________________________________(name/number)
at the ____________________________________________________(title of election)
election for the ______________________________________________(jurisdiction) to be held on ______________________(date) hereby state that such argument is true and correct to the best of __________(his/her/their) knowledge and belief.”
Signed ____________________________________ Date_____________________
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Is There Additional Information that Must be Filed with the Direct Argument?
- Yes, an additional form (Signature Statement) must be submitted with each original Direct Argument by the signers of the Direct Argument. Authors who sign the Direct Argument or authorized signers must complete the Signature Statement but they may submit separate Signature Statements for the Same Direct Arugment rather then all completing the same one. A Direct Argument shall not be accepted unless accompanied by the printed name(s) and signatures(s) of the person or persons who authored and signed it or those who were authorized to sign it. If a Direct Argument is authored and signed on behalf of an organization, the name of the organization and the principal name and signature of at least one of its principal officers must be included on the Signature Statement. See Attachment E.
What is the Deadline for Filing Direct Arguments?
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The California Election Code provides that the Registrar of Voters shall establish deadlines for the filing of arguments based on time reasonably necessary to allow for the 10-day required public examination period, and to prepare, print, and mail Sample Ballot Pamphlets. Each measure is treated as a separate entity. The due dates for Direct Arguments will be determined by the City Clerk for each individual measure. All Direct Arguments, including the original signatures of the proponents/authors or authorized signers (if different) must be filed at the City Clerks office by 5:00 p.m. on the applicable deadline.
Can I Withdraw or Change a Direct Argument After It is Filed?
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Yes, a Direct Argument may be withdrawn or changed by its proponents or authors, if different, at any time prior to the deadline for filing the Direct Argument.
How is a Direct Argument Selected?
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One Direct Argument in favor of and one Direct Argument against any measure will be printed in the Sample Ballot Pamphlet.
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If more the one Direct Argument if favor of or more than one Direct Argument against any measure is filed with the City Clerk by the filing deadline, the City Clerk shall select one of the Direct Arguments in favor of and one of the Direct Arguments against the measure for printing and distribution to the voters. In selecting the Direct Argument, the City Clerk shall give preference and priority in the following order: 1) The City Council, or member(s) of the City Council authorized by the Council; 2) The individual voter, or bona fide association of citizens, or combination of voters and associations, who are bona fide sponsors or proponents of the measure; 3) Bona fide associations of citizens; 4) Individual voters who are eligible to vote on the measure.
Is there a Public Review Period for Direct Arguments For and Against a Measure?
- Yes, the pubic review period for the Direct Arguments for and against City measures starts the day after the deadline for filing the Direct Arguments with the City Clerk’s office.
What is the Format for Rebuttal Arguments?
- Rebuttal Arguments shall not exceed 250 words. See Attachment A for guidelines for the counting of words.
- Arguments should be typewritten and in block format. See Attachment B.
- Each Rebuttal Argument shall immediately follow the Direct Argument that it seeks to rebut.
- The following statement, as applicable, must be printed as the heading of the Rebuttal Argument:
"Rebuttal to Argument in Favor of Measure _______"
"Rebuttal to Argument Against Measure _________" |
- For every Rebuttal Argument that is filed, the following statement must appear after the text of the argument and must be signed by each proponent or by each author if different of the argument:
The undersigned proponent(s) or author(s) of the ______________(primary/rebuttal argument _____________________________________________(in favor of /against)
ballot measure _____________________________________________(name/number)
at the ____________________________________________________(title of election)
election for the ______________________________________________(jurisdiction) to be held on ______________________(date) hereby state that such argument is true and correct to the best of __________(his/her/their) knowledge and belief.”
Signed ____________________________________ Date_____________________
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What is the deadline for Filing a Rebuttal Argument?
- The deadline for filing a Rebuttal Argument with the City Clerk is 5:00 p.m. on the last day of the 10-day public review period for the Direct arguments.
Can I Withdraw or Change a Rebuttal Argument After It Is Filed?
- Yes, Rebuttal Arguments may be withdrawn or changed by the proponents or authors at any time prior to the last day, 5:00 p.m. of the 10-day public review period for the Direct Arguments.
- If a rebuttal Argument is changed, the newly signed original Rebuttal Argument must be completed and filed by the last day, 5:00p.m., of the 10-day public review period for Direct Arguments
- The original signed withdrawal request must be filed by the last day 5:00 p.m. of the 10 day public review period for Direct Arguments.
Is There a Public Review Period for Rebuttal Arguments?
- Yes, the 10-day public review period for Rebuttal Arguments begins the day after the deadline for submission of Rebuttal Arguments.
REMEMBER!!
- Both a Direct Argument in favor and a direct Argument against a measure must be submitted for Rebuttal Arguments to be submitted.
- A rebuttal Argument must be signed by the same individuals who signed the Direct Argument unless they authorize in writing any other person(s) to sign.
- A Signature Statement needs to be filed with the Rebuttal Argument.
- Deadline for filing Rebuttal Arguments is the last day 5:00 p.m. of the 10-day public review period for the Direct Arguments.
Can I Challenge a Direct Argument and/or Rebuttal Argument?
- During the 10 day public review period any voter of the jurisdiction in which the election is being held, or the City Clerk, himself or herself, may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted. The writ of mandate or injunction request shall be filed no later than 10 calendar days from the beginning of the public review period.
- A preemptory writ of mandate or an injunction shall be issued only upon clear and convincing proof that the material in question is false, misleading or inconsistent with state and local elections laws, and that issuance of the writ or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law.
- The City Clerk shall be named as respondent and the person or official who authored the material in question shall be named as real parties in interest.
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