Referendum

San Diego Municipal Code ch. 2, art. 7, div. 11

in effect

San Diego Municipal Code § 27.1101 Subjects of Referendum

§27.1101 Subjects of Referendum Any legislative act, except acts making the annual tax levy, making the annual appropriations, calling or relating to elections, or relating to emergency measures, shall be subject to the referendum process. (“Subjects of Referendum” renumbered from Sec. 27.2601 and amended 7-26-1999 by O-18664 N.S.)

San Diego Municipal Code § 27.1102 Referendary Petition Circulators

§27.1102 Referendary Petition Circulators A referendary petition may be circulated for signatures by a paid signature gatherer or by a volunteer. A circulator must be a U.S. citizen and at least 18 years old. (Amended 7-18-2000 by O-18826 N.S.)

San Diego Municipal Code § 27.1103 Time to Begin Circulating Referendary Petition

§27.1103 Time to Begin Circulating Referendary Petition A referendary petition may not be circulated for signatures until the first calendar day following the date of final passage of the legislative act by the Council. (“Time to Begin Circulating Referendary Petition” renumbered from Sec. 27.2603 and amended 7-26-1999 by O-18664 N.S.) (Amended 1-28-2016 by O-20591 N.S.; effective 2-27-2016.)

San Diego Municipal Code § 27.1106 Contents of Referendary Petition

§27.1106 Contents of Referendary Petition A referendary petition shall include the questioned legislative act in full, a statement of reasons for the petition, one or more voter signature sheets, and a circulator’s affidavit of authenticity, all of which shall be prepared in accordance with this Division and the form specified in Section 27.1107. (“Contents of Referendary Petition” renumbered from Sec. 27.2604 and amended 7-26-1999 by O-18664 N.S.) (Amended 1-28-2016 by O-20591 N.S.; effective 2-27-2016.)

San Diego Municipal Code § 27.1107 Form of Referendary Petition

§27.1107 Form of Referendary Petition (a) Referendary petition forms shall be furnished by the proponent. (b) The form and format of the referendary petition, including the form of voter signature sheets and information to be included on such sheets, shall follow the guidelines as outlined in the City Clerk Administrative Guidelines, available to the public at the office of the Clerk and on the City’s website. (“Form of Referendary Petition” renumbered from Sec. 27.2605 and amended 7-26-1999 by O-18664 N.S.) (Amended 1-28-2016 by O-20591 N.S.; effective 2-27-2016.)

San Diego Municipal Code § 27.1108 Statement of Reasons for Referendary Petition

§27.1108 Statement of Reasons for Referendary Petition The statement of reasons shall set forth the reasons for the referendary petition. It shall contain no more than 300 words. It shall be signed by the individual proposing the petition or, if the proponent is an organization, by two officers of the organization. The individual or officers signing the statement shall also affix the date of signing, and a residence, business or mailing address at which the proponent may be reached. (“Form of Statement of Reasons for Referendary Petition” renumbered from Sec. 27.2606 and amended 7-26-1999 by O-18664 N.S.) (Retitled to “Statement of Reasons for Referendary Petition” and amended 1-28-2016 by O-20591 N.S.; effective 2-27-2016.)

San Diego Municipal Code § 27.1110 Signing Voter’s Information for Referendary Petition

§27.1110 Signing Voter’s Information for Referendary Petition (a) Signatures on the voter signature sheets shall be executed by voters in their own handwriting and each signer shall also affix their printed name and place of residence, including street and house number, or other designation from which the location of the place of residence may be readily ascertained. Post office box numbers, business addresses, or mailing addresses that are not residence addresses are not permitted and, if used, shall make that voter’s signature invalid. Voters shall also affix the date of their signature. (b) The form of the voter signature sheets shall follow the guidelines as outlined in the City Clerk Administrative Guidelines, available to the public at the office of the Clerk and on the City’s website, as stated in section 27.1107. (“Signing Voter’s Information for Referendary Petition” renumbered from Sec. 27.2608 and amended 7-26-1999 by O-18664 N.S.) (Amended 1-28-2016 by O-20591 N.S.; effective 2-27-2016.) (Amended 6-27-2023 by O-21667 N.S.; effective 7-27-2023.)

San Diego Municipal Code § 27.1111 Information Provided to Voters by Circulators

§27.1111 Information Provided to Voters by Circulators (a) Voters have the right to ask petition circulators for information regarding the persons and entities financing the referendary petition. Such information shall be made available to voters when voters are asked to sign the petition. (b) Information shown to voters by circulators shall include a list of donors to the referendary petition, which must be conspicuous and include the identities of at least the top two donors that contributed cumulative amounts of $1,000 or more, the amounts contributed, and the date the list was compiled. Circulators shall provide voters with the address of a website where voters can find current donor information. The disclosure statement shall be updated within 48 hours of any change to the list of the five largest contributors. (“Information Provided to Voters by Circulators” added 1-28-2016 by O-20591 N.S.; effective 2-27-2016. Former Section 27.1111 “Circulator’s Affidavit of Authenticity for Referendary Petition” renumbered to Section 27.1112.)

San Diego Municipal Code § 27.1112 Circulator’s Affidavit of Authenticity for Referendary Petition

§27.1112 Circulator’s Affidavit of Authenticity for Referendary Petition Each referendary petition section shall have attached to it an affidavit of authenticity of the circulator, signed by the circulator under California perjury laws, of the following form: AFFIDAVIT COUNTY OF SAN DIEGO) } ss. STATE OF CALIFORNIA) Under penalty of perjury under the laws of the State of California, I, (printed name of circulator), declare: That all of the signatures on the voter signature sheets of this petition section were made in my presence and were observed by me; that all of the sheets constituting this petition section were fastened together at the time such signatures were made; and that, to the best of my knowledge and belief, such signatures are the genuine signatures of the persons who have signed the petition; and that the signatures were obtained between: ___________________________ and ___________________________ (Beginning date of Circulation) (Final date of circulation) ___________________________ ___________________________ (Circulator’s Printed Name) (Circulator’s Signature) _________________________________ (Date and Place of Signing by Circulator) (“Circulator’s Affidavit of Authenticity for Referendary Petition” added 7-26-1999 by O-18664 N.S.) (Renumbered from former Section 27.1111 and amended 1-28-2016 by O-20591 N.S.; effective 2-27-2016.)

San Diego Municipal Code § 27.1115 Signatures on Referendary Petition

§27.1115 Signatures on Referendary Petition (a) A referendary petition may be signed by any voter of the City of San Diego. (b) Signatures of individuals who are not voters shall be invalid and shall not be counted. (“Signatures on Referendary Petition” renumbered from Sec. 27.2610 and amended 7-26-1999 by O-18664 N.S.) (Amended 1-28-2016 by O-20591 N.S.; effective 2-27-2016.)

San Diego Municipal Code § 27.1116 Withdrawal of Signature from Referendary Petition

§27.1116 Withdrawal of Signature from Referendary Petition Any voter signing a petition shall have their signature withdrawn from the petition if the voter files with the Clerk a written request to withdraw the signature, with their name, address, and signature, before the petition is filed with the Clerk. In order to be valid, the withdrawal request must also be received by the Clerk on or after the date the voter signed the petition. Once the petition is filed with the Clerk, no signatures may be withdrawn. (“Withdrawal of Signature from Referendary Petition” renumbered from Sec. 27.2611 and amended 7-26-1999 by O-18664 N.S.) (Amended 1-28-2016 by O-20591 N.S.; effective 2-27-2016.) (Amended 6-27-2023 by O-21667 N.S.; effective 7-27-2023.)

San Diego Municipal Code § 27.1117 Time for Submitting Referendary Petition to Clerk

§27.1117 Time for Submitting Referendary Petition to Clerk A referendary petition shall be submitted to the Clerk within thirty calendar days after the date of final passage of the legislative act by the Council. (Renumbered from Sec. 27.2612, retitled to “Time for Submitting Referendary Petition to Clerk” and amended 7-26-1999 by O-18664 N.S.) (Amended 1-28-2016 by O-20591 N.S.; effective 2-27-2016.)

San Diego Municipal Code § 27.1118 Submitting Referendary Petition to Clerk

§27.1118 Submitting Referendary Petition to Clerk (a) The referendary petition shall be submitted to the Clerk by the proponent of the referendum or by any individual authorized in writing by the proponent. All sections of the petition shall be submitted at one time. (b) The statement of reasons shall be submitted to the Clerk at the same time as the referendary petition is submitted pursuant to this section. The statement of reasons shall include the original signature of the individual initiating the proposed legislative act, or, if the proponent is an organization, the original signatures of two officers of the organization. (c) Six copies of the referendary petition with unsigned voter signature sheets shall be submitted to the Clerk at the same time as the petition is submitted pursuant to this section. (Renumbered from Sec. 27.2613, retitled to “Submitting Referendary Petition to Clerk” and amended 7-26-1999 by O-18664 N.S.) (Amended 1-28-2016 by O-20591 N.S.; effective 2-27-2016.)

San Diego Municipal Code § 27.1119 Acceptance or Rejection of Referendary Petition as Filed

§27.1119 Acceptance or Rejection of Referendary Petition as Filed (a) The Clerk shall not accept a referendary petition that is not in substantial compliance with this Division and with the City Clerk Administrative Guidelines for forms of petitions. (b) When the referendary petition is submitted, the Clerk shall determine that calendar day the number of signatures affixed prima facie to the petition. (1) If the Clerk determines that the number of signatures, prima facie, equals or is greater than the minimum number required, the Clerk shall accept the petition as filed. (2) If the Clerk determines that the number of signatures, prima facie, is fewer than the minimum number required, the Clerk shall reject the petition and treat it as not filed. (c) Any referendary petition sections not accepted as filed in accordance with Section 27.1119 shall be void for all purposes. (“Acceptance or Rejection of Referendary Petition as Filed” added 7-26-1999 by O-18664 N.S.) (Amended 1-28-2016 by O-20591 N.S.; effective 2-27-2016.)

San Diego Municipal Code § 27.1120 Verification of Referendary Petition Signatures; Time; Random Sampling

§27.1120 Verification of Referendary Petition Signatures; Time; Random Sampling (a) The Clerk shall be allowed 30 business days after a referendary petition has been accepted as filed to examine and verify signatures. (b) Signatures may be verified by use of the random sampling method set forth in section 27.1022, which applies to the verification of initiative petitions. (c) To determine the sufficiency or insufficiency of a referendary petition, the Clerk shall only count valid signatures. (d) If the circulator’s affidavit of authenticity for any given referendary petition section has not been signed by the circulator, the signatures on that petition section shall be invalid. (Renumbered from Sec. 27.2614, retitled to “Verification of Referendary Petition Signatures; Time; Random Sampling” and amended 7-26-1999 by O-18664 N.S.) (Amended 1-28-2016 by O-20591 N.S.; effective 2-27-2016.) (Amended 4-15-2019 by O-21063 N.S.; effective 5-15-2019.)

San Diego Municipal Code § 27.1124 Clerk’s Certification of Sufficiency or Insufficiency of Referendary Petition

§27.1124 Clerk’s Certification of Sufficiency or Insufficiency of Referendary Petition (a) If the Clerk finds a referendary petition to contain the requisite number of valid signatures and to be substantial compliance with this Division, the Clerk shall certify that the petition is sufficient, and qualifies for submittal to the voters. (b) If the Clerk finds a referendary petition to contain fewer than the requisite number of valid signatures or not to be in substantial compliance with this Division, the Clerk shall certify that the petition is insufficient, and does not qualify for submittal to the voters. (“Clerk’s Certification of Sufficiency or Insufficiency of Referendary Petition” added 7-26-1999 by O-18664 N.S.) (Amended 1-28-2016 by O-20591 N.S.; effective 2-27-2016.)

San Diego Municipal Code § 27.1125 Notice of Sufficiency of Referendary Petition

§27.1125 Notice of Sufficiency of Referendary Petition If the Clerk finds a referendary petition to contain the number of valid signatures required by the City Charter, the Clerk shall so certify and shall send a notice of sufficiency to the proponent of the referendum. Without delay, the Clerk shall then present the petition, with the Clerk’s certification attached, to the Council at the next regular Council meeting at which the matter can be placed on the docket. (“Notice of Sufficiency of Referendary Petition” renumbered from Sec. 27.2615 and amended 7-26-1999 by O-18664 N.S.) (Amended 1-28-2016 by O-20591 N.S.; effective 2-27-2016.)

San Diego Municipal Code § 27.1126 Notice of Insufficiency of Referendary Petition

§27.1126 Notice of Insufficiency of Referendary Petition If the Clerk finds a referendary petition to contain less than the number of valid signatures required by the City Charter, the Clerk shall so certify and shall send a notice of insufficiency to the proponent of the referendum. (“Notice of Insufficiency of Referendary Petition” renumbered from Sec. 27.2616 and amended 7-26-1999 by O-18664 N.S.) (Amended 1-28-2016 by O-20591 N.S.; effective 2-27-2016.)

San Diego Municipal Code § 27.1129 Number of Referendary Petition Signatures Required for Presentation to City Council

§27.1129 Number of Referendary Petition Signatures Required for Presentation to City Council A referendary petition may not be presented to the Council unless it contains the valid signatures of at least five percent of the voters of the City at the last general City election. (Renumbered from Sec. 27.2602, retitled to “Number of Referendary Petition Signatures Required for Presentation to City Council” and amended 7-26-1999 by O-18664 N.S.) (Amended 1-28-2016 by O-20591 N.S.; effective 2-27-2016.)

San Diego Municipal Code § 27.1130 Suspension of Referended Legislative Act

§27.1130 Suspension of Referended Legislative Act (a) If a referendary petition has been accepted as filed, the referended legislative act shall be suspended until the date on which the Clerk issues a certification of the petition’s insufficiency; or, if the petition is found to be sufficient, the legislative act shall be suspended until it is adopted by the voters and becomes effective in accordance with Sections 27.1139 and 27.1140. (b) If the Clerk issues a certification of the referendary petition’s insufficiency, the referended legislative act shall become effective immediately; or, if the legislative act is an ordinance, it shall become effective a minimum of thirty calendar days after its adoption by the Council. (c) If the Clerk issues a certification of the referendary petition’s sufficiency, the referended legislative act shall become effective in accordance with Sections 27.1139 and 27.1140. (Renumbered from Sec. 27.2618, retitled to “Suspension of Referended Legislative Act” and amended 7-26-1999 by O-18664 N.S.) (Amended 1-28-2016 by O-20591 N.S.; effective 2-27-2016.)

San Diego Municipal Code § 27.1131 Action by Council on Referendary Petition

§27.1131 Action by Council on Referendary Petition If the referendary petition is presented to the Council by the Clerk at a Council meeting held in accordance with Section 27.1125, then the Council shall within ten business days reconsider the legislative act in question. (Renumbered from Sec. 27.2619, retitled to “Action by City Council on Referendary Petition” and amended 7-26-1999 by O-18664 N.S.) (Retitled to “Action by Council on Referendary Petition” and amended 1-28-2016 by O-20591 N.S.; effective 2-27-2016.)

San Diego Municipal Code § 27.1132 Referended Legislative Act to be Submitted to Voters

§27.1132 Referended Legislative Act to be Submitted to Voters (a) When the Council reconsiders the legislative act in accordance with Section 27.1131, it shall either: (1) repeal the legislative act in question, or (2) adopt a resolution of intention to submit the matter to the voters at a special election, and direct the City Attorney to prepare an ordinance calling a special election to place the matter on the ballot. (b) If the Council fails to reconsider the act within the time prescribed by Section 27.1131, the City Council shall, within ten business days of the deadline for action prescribed by Section 27.1131: (1) adopt a resolution of intention to submit the matter to the voters at a special election, and (2) direct the City Attorney to prepare an ordinance calling a special election to place the matter on the ballot. (Renumbered from Sec. 27.2620, retitled to “Referended Legislative Act to be Submitted to Voters” and amended 7-26-1999 by O-18664 N.S.) (Amended 1-28-2016 by O-20591 N.S.; effective 2-27-2016.)

San Diego Municipal Code § 27.1133 Time for Special Election for Referendum Measures

§27.1133 Time for Special Election for Referendum Measures Referendum measures that qualify for the ballot after the people’s petition process, and in compliance with the San Diego Charter and the Election Code, shall be submitted to the electorate at: (a) a special election consolidated with the next City-wide General Election ballot on which the measures legally can be placed, or (b) a special election held prior to the next City-wide General Election. The special election may be consolidated with the next City-wide Primary Election or may be held as a separate special election called for the purpose of voting on the matter. (Renumbered from Sec. 27.2621, retitled to “Time for Special Election for Referended Legislative Act” and amended 7-26-1999 by O-18664 N.S.) (Amended 8-4-2011 by O-20075 N.S.; effective 9-3-2011.) (Retitled to “Time for Special Election for Referendum Measures” and amended 5-5-2017 by O-20820 N.S.; effective 6-4-2017.)

San Diego Municipal Code § 27.1136 Examination Period for Referendary Ballot Materials

§27.1136 Examination Period for Referendary Ballot Materials There shall be a public examination period for all ballot materials filed with the Clerk for any measure to be submitted to the voters pursuant to this Division. The examination period shall conform to the provisions of Section 27.0402 of this article. (“Examination Period for Referendary Ballot Materials” added 7-26-1999 by O-18664 N.S.) (Amended 1-28-2016 by O-20591 N.S.; effective 2-27-2016.)

San Diego Municipal Code § 27.1137 Special Election for Referended Legislative Act to Conform to Other Elections

§27.1137 Special Election for Referended Legislative Act to Conform to Other Elections To the extent practicable, when a referended legislative act is submitted to the voters, the Clerk shall conduct the special election in a manner conforming with other elections. (Renumbered from Sec. 27.2624, retitled to “Special Election for Referended Legislative Act to Conform to Other Elections” and amended 7-26-1999 by O-18664 N.S.) (Amended 1-28-2016 by O-20591 N.S.; effective 2-27-2016.)

San Diego Municipal Code § 27.1138 Special Election Not Limited to One Referended Legislative Act

§27.1138 Special Election Not Limited to One Referended Legislative Act Any number of legislative acts may be submitted to the voters at a single special election by the referendary process. (Renumbered from Sec. 27.2623, retitled to “Special Election Not Limited to One Referended Legislative Act” and amended 7-26-1999 by O-18664 N.S.)

San Diego Municipal Code § 27.1139 Voter Adoption of a Referended Legislative Act

§27.1139 Voter Adoption of a Referended Legislative Act Except as provided in the California Constitution or the San Diego City Charter, a referended legislative act shall be adopted by majority vote. (“Voter Adoption of a Referended Legislative Act” added 7-26-1999 by O-18664 N.S.)

San Diego Municipal Code § 27.1140 Effective Date of Referended Legislative Act Following Special Election

§27.1140 Effective Date of Referended Legislative Act Following Special Election A referended legislative act which has received the requisite number of affirmative votes for adoption shall be deemed adopted on the date the Council adopts its resolution declaring the results of the election. The legislative act shall be effective on that date unless an earlier date is specified in the resolution. (Renumbered from Sec. 27.2622, retitled to “Effective Date of Referended Legislative Act Following Special Election” and amended 7-26-1999 by O-18664 N.S.) (Amended 1-28-2016 by O-20591 N.S.; effective 2-27-2016.)

Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter02/Ch02Art07Division11.pdf#page=1Fetched: 10/28/2026