Ballots for Measures

San Diego Municipal Code ch. 2, art. 7, div. 5

in effect

San Diego Municipal Code § 27.0501 Purpose and Intent

§27.0501 Purpose and Intent The purpose and intent of this division is to clarify and consolidate all provisions for ballot measures in one division to better enable administration of these procedures and to provide for public participation in the process. For purposes of this division, a measure does not include a measure to recall or remove an elective officer. (“Purpose and Intent” added 7-26-1999 by O-18664 N.S.) (Amended 11-20-2018 by O-21009 N.S.; effective 12-20-2018.)

San Diego Municipal Code § 27.0502 Submission of Ballot Measures at City-wide Elections

§27.0502 Submission of Ballot Measures at City-wide Elections (a) Initiative measures and 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: (1) a special election consolidated with the next City-wide General Election ballot on which the measures legally can be placed, or (2) 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. (b) All other municipal ballot measures may be submitted to the electorate at a special election that may be consolidated with the next City-wide Primary Election or City-wide General Election, or may be held as a separate special election held for that purpose. (“Submission of Ballot Measures at City-wide Elections” added 7-26-1999 by O-18664 N.S.) (Amended 5-5-2017 by O-20820 N.S.; effective 6-4-2017.)

San Diego Municipal Code § 27.0503 Ballot Question Adopted by Council

§27.0503 Ballot Question Adopted by Council The City Council shall decide by ordinance the content of the ballot question for each ballot measure, within the word limit prescribed by the California Elections Code. (“Ballot Question Adopted by Council” added 7-26-1999 by O-18664 N.S.)

San Diego Municipal Code § 27.0504 Preparation of Ballot Title and Summary

§27.0504 Preparation of Ballot Title and Summary (a) The City Council may direct the City Attorney to prepare a ballot title and summary of any proposed measure. If so directed, the City Attorney shall place the title and summary on file in the Office of the City Clerk no later than 5:00 p.m. on the date established in accordance with the City Clerk’s administrative calendar for the election on the proposed measure. (b) The title and summary shall not exceed 500 words in length. The ballot title may differ from any other title of the proposed measure. (c) In providing the ballot title and summary, the City Attorney shall give a true and impartial statement of the proposed measure in language that shall not be an argument, or likely to create prejudice, for or against the proposed measure. (d) The title and summary shall be printed in the voter pamphlet preceding any arguments for and against the proposed measure. (e) The ballot title and summary constitute ballot materials within the meaning of Section 27.0103. (“Preparation of Ballot Title and Summary” added 7-26-1999 by O-18664 N.S.)

San Diego Municipal Code § 27.0505 Preparation of Impartial Analysis

§27.0505 Preparation of Impartial Analysis (a) The City Council may direct the City Attorney to prepare an impartial analysis of any proposed measure. If so directed, the City Attorney shall place the impartial analysis on file in the Office of the City Clerk no later than 5:00 p.m. on the date established in accordance with the City Clerk’s administrative calendar for the election on the proposed measure. (b) The analysis shall not exceed 500 words in length. (c) The City Attorney shall prepare the analysis to show the effect of the measure on existing law and what the measure would do. (d) If the measure affects the organization or salaries of the Office of the City Attorney, the City Council may direct an appropriate official to prepare the analysis. (e) The analysis shall be printed in the voter pamphlet preceding any arguments for and against the proposed measure. (f) The impartial analysis constitutes ballot materials within the meaning of Section 27.0103. (“Preparation of Impartial Analysis” added 7-26-1999 by O-18664 N.S.) (Amended 6-15-2017 by O-20833 N.S.; effective 7-15-2017.)

San Diego Municipal Code § 27.0506 Preparation of Fiscal Impact Analysis

§27.0506 Preparation of Fiscal Impact Analysis (a) Three people shall be involved in the preparation and filing of a fiscal impact analysis of a proposed legislative act: the Mayor, or the Mayor’s designee; the Independent Budget Analyst; and the City Auditor. The Independent Budget Analyst shall prepare a draft of the fiscal impact analysis and provide it to the Mayor and City Auditor at least 10 calendar days prior to the City Clerk's filing deadline. If there is disagreement about the wording of the fiscal impact analysis, the decision of any two of the three designated parties (the Mayor, or their designee; the Independent Budget Analyst; and the City Auditor) shall prevail. The fiscal impact analysis shall be placed on file in the Office of the City Clerk by the Independent Budget Analyst no later than 5:00 p.m. on the date established in accordance with the City Clerk's administrative calendar for the election on the proposed legislative act. (b) The analysis shall not exceed 500 words in length. (c) The analysis shall include an estimate of the amount of any increase or decrease in revenues or costs to the City, or an option as to whether or not significant change in City finances would result if the proposed measure is adopted. If it is estimated that a measure would result in an increased cost to the City, the estimate shall be set out in boldface print in the voter pamphlet. (d) The fiscal impact analysis must reasonably inform the voters of the proposed measure’s fiscal impact, if any, and be true, impartial and not argumentative. (e) The analysis shall be printed in the voter pamphlet preceding any arguments for and against the proposed legislative act. (f) The fiscal impact analysis constitutes ballot materials within the meaning of Section 27.0103. (“Preparation of Fiscal Impact Analysis” added 7-26-1999 by O-18664 N.S.) (Amended 9-14-2010 by O-19989 N.S.; effective 10-14-2010.) (Amended 6-15-2017 by O-20833 N.S.; effective 7-15-2017.) (Amended 6-27-2023 by O-21667 N.S.; effective 7-27-2023.)

San Diego Municipal Code § 27.0507 Order of Measures on Ballot

§27.0507 Order of Measures on Ballot The City Council may by ordinance prescribe the order of measures placed on the ballot. Unless the City Council prescribes otherwise, the order shall be as follows: (a) Initiative measures, including both measures placed on the ballot by petition and measures placed on the ballot by action of the City Council pursuant to Section 27.1001, in the order in which the ordinances placing the initiative measures on the ballot are adopted by the City Council; (b) Bond measures in the order in which the ordinances placing them on the ballot are adopted by the City Council; (c) Charter amendments in the order in which the ordinances placing them on the ballot are adopted by the City Council; (d) Other legislative measures in the order in which the ordinances placing them on the ballot are adopted by the City Council; (e) Referendum measures in the order in which the ordinances placing them on the ballot are adopted by the City Council; and (f) Advisory matters in the order in which the ordinances placing them on the ballot are adopted by the City Council. (“Order of Measures on Ballot” added 7-26-1999 by O-18664 N.S.)

San Diego Municipal Code § 27.0508 Written Arguments

§27.0508 Written Arguments (a) The Council, or any member or members of the Council authorized by that body, or any individual voter who is eligible to vote on the measure, or bona fide association of citizens, or any combination of voters and associations, may file a written argument for or against any City measure. Bona fide associations of citizens shall submit one of the documents listed in section 27.0512(b) along with the argument. (b) The argument shall not exceed 300 words in length. (c) The argument for and the argument against each measure shall be printed in the voter pamphlet provided with each sample ballot; provided that only those arguments filed pursuant to this section shall be printed in the voter pamphlet and included with the sample ballot. The printed arguments are ballot materials within the meaning of Section 27.0103. (d) Printed arguments submitted to voters in accordance with this section shall be titled either “Argument in Favor of Proposition _____” or “Argument Against Proposition _____,” accordingly, the blank spaces being filled in only with the letter or number, if any, designating the measure. The word “Measure” may be substituted for the word “Proposition” in such titles. Words used in the title shall not be counted when determining the length of any argument. (e) A ballot argument shall not be false, misleading, or inconsistent with the requirements of this article. (“Written Arguments” added 7-26-1999 by O-18664 N.S.) (Amended 4-15-2019 by O-21063 N.S.; effective 5-15-2019.)

San Diego Municipal Code § 27.0509 Argument Not Accepted without Names

§27.0509 Argument Not Accepted without Names (a) The City Clerk shall not accept a ballot argument for publication in the voter pamphlet unless it is accompanied by the name and signature of the individual submitting it, or, if submitted on behalf of an organization, the name of the organization and the name and signature of at least one of its principal officers. (b) The voter pamphlet shall contain a maximum of five signatures with any argument submitted under this division. In case any argument is signed by more than five persons, the signatures of the first five shall be printed. (c) At least one of the individuals submitting the argument must be a registered voter in the City of San Diego. (Amended 7-18-2000 by O-18826 N.S.)

San Diego Municipal Code § 27.0511 Final Date for Arguments

§27.0511 Final Date for Arguments The City Clerk shall determine and fix a reasonable date prior to each election after which no arguments for or against any measure may be submitted for printing and distribution to the voters. This deadline shall be based on the time reasonably necessary to prepare and print the arguments and sample ballots, and to permit the ten-calendar-day public examination as provided for in Sections 27.0402 and 27.0403. Arguments may be changed or withdrawn by their proponents until and including the date fixed by the City Clerk. (“Final Date for Arguments” added 7-26-1999 by O-18664 N.S.)

San Diego Municipal Code § 27.0512 Priority for Selection if More than One Argument Submitted

§27.0512 Priority for Selection if More than One Argument Submitted (a) If more than one argument for, or more than one argument against, any measure is submitted to the Clerk within the time prescribed, the Clerk shall select one of the arguments in favor, and one of the arguments against, the measure for printing and distribution to the voters. In selecting the argument the Clerk shall give preference and priority, in the order named, to the arguments of the following: (1) The Council, or member or members of the Council, including the Mayor, authorized by that body. (2) The individual voter, or bona fide association of citizens, or combination or voters and associations, who are the 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. (b) To enable the Clerk to determine whether an entity qualifies as a bona fide association of citizens under sections 27.0508 and 27.0512, an organization or association submitting an argument for or against a measure shall submit with the argument a copy of one of the following: (1) Its articles of incorporation, articles of association, partnership documents, bylaws, or similar documents; (2) Letterhead containing the name of the organization and its principal officers; or (3) If the organization or association is a primarily formed committee established to support or oppose the measure, its statement of organization filed pursuant to California Government Code section 84101, or any subsequent amendment to that section. (c) In selecting an argument from among bona fide associations of citizens, the Clerk shall not consider the type of documentation submitted in compliance with section 27.0512(b), and shall not consider the form of the association. (“Priority for Selection if More than One Argument Submitted” added 7-26-1999 by O-18664 N.S.) (Amended 4-15-2019 by O-21063 N.S.; effective 5-15-2019.)

San Diego Municipal Code § 27.0513 Council Authorization of Ballot Arguments

§27.0513 Council Authorization of Ballot Arguments (a) The City Council may by resolution authorize itself or individual members, including the Mayor, to sign a ballot argument in support of or in opposition to any measure placed on the ballot. (1) The City Council may designate the Mayor to sign the argument on behalf of the Mayor and City Council; (2) The City Council may designate the Mayor and individual members of the City Council to sign the argument; or (3) The City Council may designate individual members of the City Council to sign the argument. (b) Ballot arguments submitted and signed by individual members of the City Council, including the Mayor, but not authorized by resolution of the City Council, will be considered as submitted by individual voters for the purpose of selecting an argument for the sample ballot. (“Council Authorization of Ballot Arguments” added 7-26-1999 by O-18664 N.S.)

San Diego Municipal Code § 27.0514 No Rebuttal Arguments to be Published

§27.0514 No Rebuttal Arguments to be Published Rebuttal arguments shall not be published in the voter pamphlet and the City Clerk may not accept a rebuttal argument for any City measure. (“No Rebuttal Arguments to be Published” added 7-26-1999 by O-18664 N.S.)

San Diego Municipal Code § 27.0515 Examination Period for Ballot Materials

§27.0515 Examination Period for Ballot Materials There shall be a public examination period for all ballot materials filed with the City Clerk for any measure to be submitted to the voters pursuant to this division. The examination period shall conform to the provisions of Sections 27.0402 and 27.0403 of this article. (“Examination Period for Ballot Materials” added 7-26-1999 by O-18664 N.S.)

San Diego Municipal Code § 27.0516 Publication of Ballot Measures

§ 27.0516 Publication of Ballot Measures (a) The Clerk shall publish a notice or heading in the voter pamphlet for each ballot measure indicating whether the full text of the measure, or the partial text of the measure, is published in the voter pamphlet. (b) The full text of each Charter amendment measure to be voted upon at the election shall be published in the voter pamphlet. (c) The full text of each measure other than a Charter amendment measure to be voted upon at the election shall be published in the voter pamphlet, unless the Clerk determines that factors such as the length of the measure, printing logistics, timing constraints, postage or mailing concerns, or the presence of special graphics or attachments, may present problems for voters or the Clerk, including issues related to voter access to a printed voter pamphlet. In that event, the Clerk may direct that no more than the first 20 pages of the text of the ballot measure shall be published in the voter pamphlet. (d) All supplemental materials, including the ballot title and summary, the impartial analysis (if any), the fiscal impact analysis, and the arguments for or against the measure (if any), shall be published in the voter pamphlet, regardless of whether the full text or partial text of the measure is published in the voter pamphlet. (e) If less than the full legal text of a measure is printed in the voter pamphlet, the Clerk shall cause or direct all of the following actions: (1) Post the full text of the measure on the City’s website; (2) Provide a printed copy of the full text of the measure to the San Diego main library and branch libraries for access by the public; (3) Mail a printed copy of the full text of the measure to any voter upon request made to the Office of the Clerk, at no cost to the voter; (4) Print in the voter pamphlet, immediately below the fiscal impact analysis for the measure, in no less than 10-point bold type, a statement substantially as follows: “The above statement is a fiscal impact analysis of Measure ___. An excerpt of the text of this measure is included in this voter pamphlet. The full text of this measure is available online at (insert website address) and in the City’s public libraries. If you would like a copy of the full text of the measure to be mailed to you, please contact the Office of the City Clerk at (insert telephone number and email address) and a copy will be mailed at no cost to you.”; and (5) Print in the voter pamphlet, immediately below the excerpt of text, in no less than 10-point bold type, a statement substantially as follows: “The text above contains the first ___ pages of Measure___ but does not include the remaining pages of the Measure. The pages that have been excluded may include important information that could be useful to voters, and the City Clerk encourages voters to review those pages as well. The full text of this measure is available online at (insert website address) and in the City’s public libraries. If you would like a copy of the full text of the measure to be mailed to you, please contact the Office of the City Clerk at (insert telephone number and email address) and a copy will be mailed at no cost to you.” (“Publication of Ballot Measures” added 6-15-2017 by O-20833 N.S.; effective 7-15-2017.) (Amended 4-15-2019 by O-21063 N.S.; effective 5-15-2019.)

San Diego Municipal Code § 27.0517 Responsibility for Submission of Electronic Text

§ 27.0517 Responsibility for Submission of Electronic Text (a) Proponents of any measure provided to the Clerk to be voted upon at an election shall provide the Clerk with an exact electronic copy of the text of the measure, sufficient to allow the Clerk to provide for any required online publication. (b) The required electronic text of a measure must be provided to the Clerk no later than five business days after the Council has approved the ordinance placing the measure on a ballot or five business days before the deadline to submit ballot materials for publication in the voter pamphlet, whichever is earlier. (c) Any person or entity submitting an argument for or against a measure in compliance with section 27.0508 shall file with the Clerk an exact electronic copy of the text of the argument when the argument is filed with the Clerk. (d) The electronic format required to be used for submissions under this section shall be designated in the City Clerk Administrative Guidelines, which shall be posted on the City website and made available in the Office of the Clerk. (“Proponents’ Responsibility for Submission of Electronic Text” added 6-15-2017 by O-20833 N.S.; effective 7-15-2017.) (Retitled to “Responsibility for Submission of Electronic Text” and amended 4-15-2019 by O-21063 N.S.; effective 5-15-2019.)

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/Ch02Art07Division05.pdf#page=1Fetched: 10/28/2026