1 RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM CALLING, ORDERING, AND GIVING
NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD IN DISTRICT 3 OF THE CITY OF
ANAHEIM ON TUESDAY, ___________, 2024 FOR THE
SUBMISSION OF THE QUESTION OF THE RECALL OF A
CERTAIN OFFICER; AND REQUESTING THAT THE
ORANGE COUNTY BOARD OF SUPERVISORS DIRECT
THE ORANGE COUNTY REGISTRAR OF VOTERS TO
RENDER SERVICES TO THE CITY RELATING TO THE
CONDUCT OF A SPECIAL MUNICIPAL ELECTION
WHEREAS, under the provisions of the laws relating to charter cities in the State of California, a petition seeking the recall of Council Member Natalie Rubalcava, District 3, was circulated and submitted to the Office of the City Clerk on January 17, 2024, in accordance with California Elections Code §§11220 and 11222, and prior to the deadline of January 19, 2024; and WHEREAS, the Orange County Registrar of Voters provided a Certificate as to the Verification of Signatures on Petition attached as Exhibit “A” verifying that the recall petition contained not less than the required number of signatures to qualify the recall for the ballot (twenty percent (20%) of the voters of District 3 of the City of Anaheim); and WHEREAS, the Certificate as to the Verification of Signatures on Petition was presented to the City Council of the City of Anaheim at the February 27, 2024 Council meeting; and WHEREAS, California Elections Code §11240 requires the City Council to issue an order stating that an election shall be held to determine whether or not the officer named in the petition shall be recalled within fourteen (14) days after the meeting at which the certificate of sufficiency was received; and
WHEREAS, California Elections Code §11242 requires the election be held not less than 88, nor more than 125 days after the issuance of the order.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Submission of Question.
A. Pursuant to the Charter of the City of Anaheim and the California Elections Code, a Special Municipal Election is called and ordered to be held in District 3 (City Council District Map adopted by Ordinance No. 6527 on March 15, 2022) in the City of Anaheim, California, on Tuesday, __________, 2024, for the purpose of submitting the question of the recall of Council Member Natalie Rubalcava, District 3.
2 B. The question to be submitted to the voters of District 3 of the City of Anaheim shall appear on the ballots in substantially the following form:
YES
Shall Natalie Rubalcava be recalled (removed) from
the Office of Council Member of District 3 of the
City of Anaheim? NO
C. The vote requirement of the question to pass is a majority (50%+1) of the votes cast.
SECTION 2. Election Procedures.
A. The ballots to be used at the special municipal election shall be in the form and content as required by law.
B. Pursuant to California Elections Code §11327, the recalled office may file a statement of not more than two hundred words (200) words with the City Clerk, in accordance of California Elections Code §13307, to be sent to each voter, together with the voter information guide.
C. In accordance with Section 10002 of the California Elections Code, the City requests that the County Election Department/Registrar of Voters render full election services to the City of Anaheim as may be requested by the City Clerk, with the County to be reimbursed in full for such services as are performed upon presentation of appropriate invoices.
D. The City Clerk is authorized to contract and coordinate with the Orange County Registrar of Voters, in order to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the special municipal election.
E. The precincts, vote center locations and hours of operation, ballot drop box locations and hours of operation, vote-by-mail procedures and timing, election officers and all other persons and procedures shall be those utilized by Orange County Registrar of Voters in order to properly and lawfully conduct a special municipal election.
F. In all particulars not recited in this Resolution, the special municipal election shall be held and conducted as provided by law for holding municipal elections in the City.
3 G. Notice of the time and place of holding the special municipal election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of such election, in time, form, and manner as required by law.
H. All ballots shall be tallied at a central counting place and not at the precincts. The central counting place shall be at a County center as designated by the Orange County Registrar of Voters.
I. The Orange County Registrar of Voters is hereby authorized to canvass the returns of the special municipal election.
J. The City Clerk of the City of Anaheim shall receive the canvass from the County as it pertains to the special municipal election, and shall timely certify the results to the City Council, as required by law.
SECTION 3. Delivery of Resolution to County. The City Clerk shall attest to the adoption of this Resolution and enter it into the book of original resolutions. The City Council directs the City Clerk to deliver certified copies of this Resolution to the Clerk of the Board of Supervisors of Orange County and to the Orange County Registrar of Voters.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th of February, 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By:
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
_____________________________________
CITY CLERK OF THE CITY OF ANAHEIM
EXHIBIT A
Certificate as to the Verification of Signatures on Petition (attached behind this page)