APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
ORDINANCE NO. ________________ C.M.S.
ORDINANCE AMENDING AND REENACTING OAKLAND MUNICIPAL
CODE CHAPTER 3.08 SECTION 3.08.015 TO APPLY THE TIMING FOR
CONSOLIDATED ELECTIONS AS SET FORTH IN CALIFORNIA
ELECTIONS CODE SECTIONS 10262( b) & 10263(b) TO ALL SPECIAL
MUNICIPAL ELECTIONS
WHEREAS, the California Constitution, Article XI, section 5(b) grants charter cities the power to provide in their charters for the conduct of city elections; and
WHEREAS, Oakland City Charter se ction 1103 provides that all City elections and procedures relating thereto shall be in accordance with the appli cable provisions of state law, except as otherwise may be provided by ordinance or the City Charter; and
WHEREAS, Oakland Municipal Code (OMC) Chapter 3.08 Municipal Elections sets forth the laws the City Council has adopted to govern the City’s municipal elections; and
WHEREAS, OMC section 3.08.010 similarly provide s that all City elections and procedures relating thereto shal l be, “where practicable,” in accordance with the applicable provisions of state law relating to elections in general law cities; and
WHEREAS, pursuant to California Elections C ode section 15372, the Alameda County Registrar of Voters (ROV), who administers the City’s elections, has until 30 days after an election, to prepare and provide the certified statement of results of the election to the City and this deadline applies to all elections. (Elec. Code § 15300 (stating that Chapter 4 of the Elections Code, which includes section 15372, applies to all elections); and
WHEREAS, for consolidated elections, California Elections Code sections 10262(b) and 10263(b), respectively, state that the City Clerk, upon receipt of the results from the elections official conducting the election, shall certify the results to the City Council and the City Council, shall declare the re sults of the election no later than the next regula rly scheduled City Council meeting or at a special meeting called for this purpose; and
2 WHEREAS, for elections that are not consolidated, California Elections Code sections 10262(a) and 10263(a), respectively, st ate that the City Clerk shall certify the election results to the City Council and the City Council shall adopt a resolution declaring the results of the election no later than the fourth Friday after the election; and
WHEREAS, the 30-day deadline for the ROV to provi de the City with certified election results under California Elections Code section 15372 is longer than the deadline under California Elections Code sections 10262(a) and 10263(a) for the City to certify and declare the results of an election that has not been consolidated; and
WHEREAS, California Elections Code sections 10262(a) and 10263(a) conflict with section 15372 and potentially make it impracticable for the City Clerk to certify the election results and for the Council to decl are the election results and install newly elected officers by the fourth Friday after the election for any el ection that was not or could not have been consolidated with a statewide general election; and
WHEREAS, the City’s April 15, 2025 Special Municipal Election is currently underway and has not been consolidated with a statewide general election because no such election fell within the additional 90 days beyond the first 120 days of the vacancies of the O ffice of the Mayor or District 2 Council Office within which the City’s Charter require d such elections to be held (Charter §§ 303, 205); and
WHEREAS, the City Council wishes to avoid the potential recurring conflict described above by applying the timing for consolidated electio ns as set forth in California Elections Code sections 10262(b) and 10263(b) an d adopting local law consistent with these provisions to apply to all special municipal elections, whether consolidated or not; and
WHEREAS, the adoption of this provision will pr ovide clarity and consistency in the administration of the City’s elections; and
WHEREAS, the City Council intends that this Ordinance shall apply to the April 15, 2025 Special Municipal Election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby adopts the amendment of Title 3, Municipal Elections, Article III, Chapter 3.08, section 3.08.015 of the Oakland Municipal Code as set forth below (additions are shown in underline; deletions are shown in strikethrough):
3.08.015 2011 Special municipal elections.
The City Council shall have the power to call a special m unicipal election by resolution for November 15, 2011, provided that the election date must be at least eighty- eight (88) days after the date that the City Council calls the election and, notwithstanding
3 any other provision of the State of California Elections Code. Further, for purposes of the special election, Except as othe rwise provided by Ordinance or City Charter, the City Council shall have the power and may exercise the option to utilize alternative voting procedures in addition to mail ballot voting, including, but not limited to, mail ballot voting, electronic voting, and extended voting periods and/or traditional in-person voting at polling places. Upon receipt of the certified results of th e election from the elections official conducting the election, the City Clerk shall certify the results to the City Council and the City Council shall declar e the results of the election and install the newly elected officers no later than the next regularly scheduled City Council meeting or at a special meeting called for that purpose.
SECTION 2. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional
SECTION 3. Effective Date. This ordinance shall become effective immediately on final adoption if it receives six or more affirmative votes; otherwise it shall become effective upon the seventh day after final adoption.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, HOUSTON, KAPLAN, RAMACHANDRAN, UNGER, AND
PRESIDENT PRO TEMPORE GALLO
NOES –
ABSENT – COUNCIL PRESIDENT JENKINS (serving as Mayor pursuant to Charter Section 303) ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
3411455 / SW
4 NOTICE AND DIGEST
ORDINANCE AMENDING AND REENACTING OAKLAND MUNICIPAL
CODE CHAPTER 3.08 SECTION 3.08.015 TO APPLY THE TIMING FOR
CONSOLIDATED ELECTIONS AS SET FORTH IN CALIFORNIA
ELECTIONS CODE SECTIONS 10262( b) & 10263(b) TO ALL SPECIAL
MUNICIPAL ELECTIONS
This Ordinance rescinds a prior Ordinance re lated to a 2011 Special Municipal Election and restates it to allow, upon receipt of the certified results of the election from the elections official conducting the election, the City Clerk to certify and the City Council to declare the results of a special election, whether consolidated or not, and install newly elected officers no later than the next regularly scheduled City Council meeti ng or at a special mee ting called for that purpose.