SECTIONS 34450-34462 - California Statutes

GOVERNMENT CODE

SECTION 34450-34462

34450. Any city or city and county may enact, amend, or repeal a
charter for its own government according to this article or Article 3
(commencing with Section 9255) of Chapter 3 of Division 9 of the
Elections Code.

34451. The charter may be proposed by a charter commission chosen
by the voters of the city or city and county, at any general or
special election, but no person shall be eligible as a candidate for
the commission unless he or she is a registered voter of the city or
city and county.

34452. (a) An election for choosing charter commissioners may be
called by a majority vote of the governing body of a city or city and
county, or on presentation of a petition signed by not less than 15
percent of the registered voters of the city or city and county. The
petition shall be verified by the authority having charge of the
registration records of the city or city and county and the expenses
of the verification shall be provided by the governing body thereof.
The governing body shall call an election pursuant to Sections 1000
and 10403 of the Elections Code.
(b) If any vacancy arises in a charter commission established for
a city or city and county pursuant to this chapter, the vacancy shall
be filled by an appointment by the mayor of the city or city and
county.

34453. At an election the voters shall vote first on the question
"Shall a charter commission be elected to propose a new charter "
and, secondly, for the candidates of the office of charter
commissioner. If the first question receives a majority of the votes
of the qualified voters voting thereon at the election, the 15
candidates for the office of charter commissioner receiving the
highest number of votes shall forthwith organize as a charter
commission. However, if the first question receives less than a
majority of the votes of the qualified voters voting thereon at the
election no charter commission shall be deemed to have been elected.

34454. Candidates for the office of charter commissioner shall be
nominated either in the same manner provided for the nomination of
officers of the municipal or city and county government, or by
petition substantially in the same manner provided by general laws
for the nomination by petition of candidates for public offices to be
voted for at general elections.

34455. The charter commissioners shall propose a charter and may
propose amendments to a charter, for the government of the city or
city and county. The charter so prepared shall be signed by a
majority of the charter commissioners and shall be filed in the
office of the clerk of the governing body of the city or city and
county.

34456. In any city or city and county, the governing body shall
cause copies of the charter to be printed in type of not less than
10-point. If the governing body causes copies of the proposed charter
to be mailed to the voters, the text of the proposed charter may
show the difference from existing provisions of law by the use of
distinguishing type styles.

34457. After the charter prepared by the charter commission has
been filed in the office of the clerk of the governing body of the
city or city and county pursuant to Section 34455, the proposed
charter shall be submitted to the voters of the city or city and
county at either a special election called within 14 days by the
governing body for that purpose to be conducted at least 95 days
after the date the special election is called, or at the next
established municipal election date or at the next established
election date pursuant to Section 1000 of the Elections Code,
provided there are at least 95 days before the election.

34458. As an alternative to the procedure provided for in Sections
34450 to 34457, inclusive, the governing body of any city or city and
county, on its own motion may propose or cause to be proposed, amend
or cause to be amended, or repeal or cause to be repealed, a charter
and may submit the proposal for the adoption, or the amendments or
repeal thereof, to the voters at either a special election called for
that purpose or at any established municipal election date or at any
established election date pursuant to Section 1000 of the Elections
Code, provided there are at least 88 days before the election.

34459. If the voters vote in favor of the charter proposal,
amendment, or repeal, it shall be deemed to be ratified, but shall
not take effect until accepted and filed by the Secretary of State
pursuant to Section 34460.

34460. Three copies of the complete text of a charter proposal or
of any amended or repealed section ratified by the voters of a city
or city and county shall be certified and authenticated by the
chairperson and the clerk of the governing body and attested by the
city clerk, setting forth the submission of the charter to the voters
of the city, and its ratification by them. One copy shall be filed
with the recorder of the county in which the city is located, and one
in the archives of the city. In the case of a city and county, one
copy shall be filed with the recorder thereof, and one in the
archives of the city and county. The third copy shall be filed with
the Secretary of State. Each copy filed with the recorder of the
county or city and county and in the archives of the city or city and
county shall be filed with the following:
(a) Certified copies of all publications and notices required of
the city by this chapter or by the laws of this state in connection
with the calling of an election to propose, amend, or repeal a city
charter.
(b) Certified copies of any arguments for or against the charter
proposal, amendment, or repeal which were mailed to voters pursuant
to Sections 9281 and 13303 of the Elections Code.
(c) A certified abstract of the vote at the election at which the
charter proposal, amendment, or repeal was approved by the voters.

34461. A charter proposal, amendment, or repeal by the voters of a
city or city and county and submitted to the Secretary of State in
compliance with this chapter shall be accepted and filed by the
Secretary of State. The charter proposal, amendment, or repeal 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.
After a charter proposal, amendment, or repeal is accepted and
filed by the Secretary of State, the courts shall take judicial
notice thereof.

34462. (a) A charter commission established for a city and county
pursuant to this chapter shall complete a proposed or amended charter
and submit the charter to the voters of the city and county within
two years of the date of the election of the charter commissioners,
and at the expiration of that period is abolished.
(b) A charter commission may submit portions of the proposed or
amended charter to the voters periodically.