Good afternoon sf.citi members,
I’m writing to you today to provide you with an update on the potential special election this fall due to Gubernatorial and DA recall efforts, and an overview of relevant measures that can be put on the ballot during a special election. I’ve also attached a more detailed memo produced by the City Attorney’s office for more information.
District Attorney Boudin Recall
As you know, signature-gathering efforts are underway to recall DA Boudin. The Committee Supporting the Recall is spearheading the petition and will need to gather 51,325 valid signatures by August 11th to qualify for a local special election. After going through the certification process, the Director of Elections has to call a special election on the recall to be held between 105-120 days after the certification process is complete.
Governor Newsom Recall
With regard to the recall effort against Governor Newsom at the state level, 2.1 million signatures were gathered and submitted by the deadline on March 17th. The California Secretary of State is in the process of verifying those signatures, and if at least 1,495,709 signatures are deemed valid, there will be a statewide recall election this year.
Local Process for Calling a Special Election
Because San Francisco is not legally required to hold a municipal election at the same time as the statewide recall election, if the DA recall efforts fail to trigger a local special election, the Board can still call a special election by passing a resolution with a minimum of six votes—subject to approval or veto by the Mayor. The Board’s resolution must fix a date for the election, and the election must occur between 105 and 120 days after the enactment of the resolution.
Additionally, if the Board calls a special election in 2021, that election must also include a contest to elect the Assessor-Recorder. If the City does not hold a special election in 2021, then the next election in San Francisco will be the statewide primary election currently scheduled for June 2022, and the Office of Assessor-Recorder will appear on that ballot. Please find additional details on calling a special election by resolution and the Assessor-Recorder election in the document attached.
Ballot Measures on the Special Election
The Board, the Mayor, or four Supervisors, can place initiative ordinances, including special tax measures and declarations of policy on the special election ballot. The MTA Board of Directors can also place a special tax measure on the ballot. However, the City cannot place Charter amendments or general tax measures on the ballot. We’ve included general guidance on Initiative Ordinances, including Special Taxes and Special Sales Taxes below. For additional guidance on other measures, please refer to the document attached.
Initiative Ordinances, including Special Taxes
The Board may place an initiative ordinance, including a special tax (other than a special sales tax), on the ballot by motion with six votes.
Special Sales Taxes
The Board, or the Board sitting as the Transportation Authority Board, may place a special sales tax on the ballot with eight votes. Neither the Mayor nor four Supervisors may place a special sales tax on the ballot.
Schedule for Placing Measures on the Ballot
The date of the possible recall election is currently uncertain, so the deadlines for placing local measures on the ballot are also uncertain. The deadline for introducing and submitting a measure depends on the date of the election, the type of measure, and the method of submission. Because of the narrow window for the Board to call a special election, sponsors will need to prepare and introduce potential ballot measures at least several weeks before the election is called. Please see the attached document for more information on timing and deadlines ahead of the potential election.
For Ordinances and Declarations of Policy placed on the ballot by the Board, the deadline for submission is no later than 95 days before election day.
For Ordinances and Declarations of Policy placed on the ballot by the Mayor or Four Supervisors, the deadline for submission to the Clerk of the Board and the Department of Elections is no later than 140 days before election day.
As always, please let me know if you have any questions, and we will be certain to keep you updated should we hear additional information. Thank you for your continued membership.
Jen
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