sr-022378-cao opinionCA RLK:DTO:lcb
CITY ATTORNEY OPINION
Opinion No. 78-22, February 23, 1978
SUBJECT: Qualifications of Circulator o£ Petition
to Amend Charter
REQUESTED BY: Joyce Snider, City Clerk
OPINION BY: Richard L. Knickerbocker, City Attorney
Dennis T Omoto, Deputy City Attorney
QUESTION PRESENTED
Generally, is there an express requirement in
the California Elections Code that a voter who circulates.
,
a petition to amend a city charter must be a voter of the
subject city?
CONCLUSION*
No. As a broad rule, unlike a petition for an
initiative ordinance, the California Elections Code does
not contain an express provision that a voter who circulates
a petition to amend a city charter must be a voter of the
city involved. Whether such a condition may be implied
is, o£ necessity, a determination that can best be made
by a court of competent jurisdiction.
T TT T [TT C~'T f~
Petition to Amend City Charter
A number of code sections relative to a petition
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CA 78-22 2-23-'
to amend a city charter can be found in Section 34450 et
seq. of the Government Code, but there are_no explicit
references to the necessary qualifications of a circulator
of such a petition.
Although Article 3, Chapter 3 of Division 5,
of the California Elections Code is entitled "Freeholders'
Charter Amendments," there are likewise no specific
qualifications of a circulator enumerated .therein since
the clauses relate to the scope of the article (Section
4080), the full text of the petition (Section 4081),
circulation in sections (Section 4082), the requirements
of each signor of the petition (Section 4083) and the
form of the petition (Section 4084).
The noted absence of a specific provision
concerning any qualifications of a circulator of a petition
to amend a city charter makes it incumbent, by force of
circumstances, that attention be focused on the hereinafter
quoted broad provision covering petitions in general:
"Wherever, by the Constitution
or laws of this state, any petition
or paper. is required to be signed
by voters, the circulator of the
petition or papers shall indicate
on the affidavit, to be filed at
the same time as such petition or
papers, the dates between which
all signatures to the petition or
paper were obtained and his or her
voting address at the time of the
execution of the affidavit."
(Emphasis added).
Section 44 of the Elections Code.
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CA 78-22 2-23-"
Inasmuch as a circulator of a petition is obligated
to indicate his or her "voting address," a logical implication
flowing aherefrom is that such person is a "voter." The
term "voter" is defined in Section 18 of the Elections Code
as "any elector who is registered under-the provisions of
this code."
As can be readily ascertained from the language
o£ Section 44 of the Elections Code, a circulator of a
petition, including a petition to amend a city charter,
must qualify as a voter, but there is no concomitant
requirement that such circulator be a voter of the appropriate
city.
Distinguishing a Petition for an Initiative Ordinance
For some unknown reason, the Legislature of the
State of California saw fit to differentiate between the
qualifications required of a circulator of a petition to
amend a city charter and a petition for an initiative
ordinance. Unlike the former mentioned circulators, a
circulator of a petition for an initiative ordinance must
be a registered voter of the city pursuant to the following
state law:
"Twenty-one days after the
publication or posting or both
of the notice of intention and
statement, the petition may be
circulated among the voters of the
city for signatures by any registered
voter of the city. Each section of
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CA 78-22 2-23-T
the petition shall bear a copy of
the notice of intention and statement."
Section 4005 of the Elections Code.
The hereinbefore section is contained in Article 1,
Chapter 3 of Division 5, of the Elections Code, and the
scope of Article 1 is limited to the enactment of ordinances.
Section 4000 of the Elections Code.
Since Section 4005 of the Elections Code is not
incorporated by reference into the statutes regarding
charter amendments (e.g., Section 34450 et seq. of the
Government Code or Section 4080 et seq. of the Elections
Code), there is a dearth of evidence to conclude that a
circulator of a petition to amend a city charter need be
a registered voter of the city.
In summary, based upon the foregoing authorities,
there is not an express requirement in the Elections Code
that a voter who circulates a petition to amend a city
charter is required to be a voter the subject 'ty.
~_
DENNIS T OMOTO
*Proviso: This opinion is based on the current state of
the law, and, in recognition of the dynamic nature of law,
it is necessarily subject to additions, modifications or
refinements thereto.
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