CALIFORNIA STATUTES AND CODES
SECTIONS 23700-23714
GOVERNMENT CODE
SECTION 23700-23714
23700. Counties may enact charters or revise existing charters
according to the provisions of this chapter.
23701. Proceedings to enact or revise a charter may be initiated by
ordinance, adopted by a majority vote of the members of the
governing body of each county. The ordinance shall declare that the
public interest requires the election of a charter commission
composed of 15 qualified electors of the county, to be elected by the
qualified electors of the county, at a general or special election.
Proceedings to enact or revise a charter may also be initiated by a
petition of qualified electors of the county as provided in this
chapter.
23702. Petitions to propose or revise a charter shall be subject to
Article 1 (commencing with Section 9100) of Chapter 2 of Division 9
of the Elections Code.
23705. Upon the adoption of such ordinance, or the presentation of
such petition, the governing body shall order the holding of a
special election for the purpose of electing a charter commission,
which special election shall be held on the next established election
date not less than 88 days after the adoption of the ordinance or
the presentation of the petition to the governing body.
23706. Candidates for election as members of the charter commission
shall be nominated substantially in the same manner provided by
general law for the nomination of candidates for county offices.
23707. At such election the electors shall vote first on the
question "Shall a charter commission be elected to propose or revise
a charter " and secondly, for the candidates for the office of
charter commissioner. If the first question receives a majority of
the votes of the qualified voters voting at such election, the 15
candidates for the office of charter commissioner receiving the
highest number of votes shall forthwith organize as a charter
commission, but if the first question receives less than a majority
of the votes of the qualified voters voting at such election, no
charter commission shall be deemed to have been elected.
23708. It shall be the duty of the charter commission to prepare
and propose a charter or revised charter for the county, which shall
be signed in duplicate by the members of the charter commission, or a
majority of them, and be filed, one copy in the office of the county
clerk and the other in the office of the county recorder.
23709. The county elections official shall cause the complete text
of the proposed charter or revised charter to be printed. A copy of
the proposed charter shall be made available to any voter upon
request.
The impartial analysis prepared pursuant to Section 9160 of the
Elections Code shall include a statement notifying voters that they
may call the elections official's office and request that a copy of
the proposed or revised charter be mailed to them at no cost.
23710. The proposed charter or revised charter shall be submitted
by the governing body to the eligible registered voters of the county
at a special election held on the next established election date not
less than 88 days after the completion of the publication, or
posting provided for in Section 23709.
23711. As an alternative to the procedure provided for in Sections
23700 through 23710 of this article, the governing body of any
county, on its own motion may propose or cause to be proposed or
revise or cause to be revised, a proposed charter and submit the
proposal for adoption to the voters at either a special election
called for that purpose or at any general or special election. Any
charter so submitted shall be advertised in the same manner as
provided for the advertisement of a charter proposed by a charter
commission; and the election on such charter shall be held on the
next established election date not less than 88 days after the
completion of the advertising in the official paper.
23712. If the electors, voting at a general or special election,
shall vote in favor of the charter proposed or revised by a charter
commission or the governing body of a county, it shall be deemed to
be ratified, but shall not take effect until accepted and filed by
the Secretary of State pursuant to the provisions of Section 23713.
23713. Two copies of the complete text of a charter proposal or of
any revised, amended, or repealed section ratified by the electors of
a county shall be certified and authenticated by the chairperson and
clerk of the governing body and attested by the county elections
official, setting forth the submission of the charter to the electors
of the county, and its ratification by them. One copy shall be
recorded in the office of the recorder of the county and then shall
be filed in the office of the county elections official.
The county elections official shall file the second copy with the
Secretary of State along with the following:
(a) Certified copies of all publications and notices required of
the county by this chapter or by the laws of this state in connection
with an election to propose or revise a county charter.
(b) Certified copies of any arguments for or against the charter
proposal or revision that were mailed to voters pursuant to Sections
9162 and 13303 of the Elections Code.
(c) A certified abstract of the vote at the election at which the
charter proposal or revision was approved by the voters.
23714. A charter proposal or revision ratified by the voters of a
county and submitted to the Secretary of State in compliance with the
provisions of this chapter shall be accepted and filed by the
Secretary of State. The charter shall be published in the statutes in
a charter chapter series under the designation "Statutes of ____
(year), Charter Chapter ____." Under the chapter number, the date of
the ratification election and the date of filing with the Secretary
of State shall be indicated.
A charter accepted and filed by the Secretary of State shall be
the charter of such county and shall become the organic law thereof
relative to the matters provided therein, and supersede any existing
charter, and shall supersede all laws inconsistent with such charter
relative to the matters provided in such charter.
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