RESOLUTION NO. 2023- 075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA CALLING AND GIVING NOTICE OF A
GENERAL MUNICIPAL ELECTION TO BE HELD IN THE
CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE
SUBMISSION OF A BALLOT MEASURE TO THE
QUALIFIED VOTERS ASKING IF THE CITY OF SANTA ANA
SHOULD PERMIT NONCITIZEN VOTING IN ALL CITY
MUNICIPAL ELECTIONS
WHEREAS, noncitizen residents make up 24 percent of Santa Ana' s total population and about 30 percent of its voting - age population; and WHEREAS, the City Council acknowledges the importance of the immigrant community to the city of Santa Ana and recognizes their right to have their voices heard in local decision -making that directly affects their lives; and WHEREAS, the City Council believes that giving immigrants a voice in local elections will encourage greater interest and investment in local issues, ultimately benefiting the entire community; and
WHEREAS, the City Council previously enacted an ordinance making Santa Ana, a sanctuary city, to recognize the contributions of its diverse, immigrant population and to ensure they feel safe interacting with local government officials; and WHEREAS, the City Council has implemented initiatives such as the Immigrant Legal Defense Fund which allocates funding forthe legal defense of Santa Ana immigrant residents who face detention and deportation; and
WHEREAS, a growing multiracial and multigenerational coalition of Santa Ana residents and community - based organizations have come together with the shared belief that all residents, regardlessof citizenshipstatus should have an equalsay in the City's municipal elections; and
WHEREAS, the City Council previously enacted an ordinance amending, it's municipal code to permit qualified immigrant residents to serve on City Boards, Commissions and Committees; and
WHEREAS, currently tens of thousands of noncitizen residents and mixed status families pay taxes yet are disenfranchised, and do not believe they have representation in key decisions that impact their lives; and
WHEREAS, local governments across the United States allow non -citizen residents to vote in local elections; and
Resolution No. 2023- 075
WHEREAS, the California constitution gives charter cities the power to allow non - citizen residents to vote in local elections; and
WHEREAS, on September 19, 2023, Councilmembers Hernandez and Vazquez brought forth a councilmember request for consideration of proposing a ballot measure to the voters regarding noncitizen voting in municipal elections; WHEREAS, on October 17, 2023, the City Council voted to direct staff to prepare the ballot measureitems to place the ballot measure beforethe voters at the November 5, 2024 election;
WHEREAS, pursuantto CaliforniaElectionsCodesection9255, the CityCouncil is authorized to submit this question to the voters at the November 5, 2024 General Municipal Election; and
WHEREAS, the CityCouncildesiresto consolidatethe General MunicipalElection for the measure described herein with the Statewide General Election to be held on November 5, 2024.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The foregoing recitals are true and correct and are hereby incorporated by reference.
Section 2 Pursuant to the California Elections Code, and any other applicable requirements of the laws of the State of California relating to charter cities, the City Council, bymajorityvote, herebycallsandordersto beheldin theCityofSantaAnaon Tuesday, November5, 2024, a GeneralMunicipalElectionfor the purposeof submitting the ballotmeasurequestionto the qualifiedvoters of the Cityof Santa Ana.
Section 3. The California Elections Code directs that the City Council approve the form of the ballot questionto be submittedto the voters and the City of SantaAna desires, on its own motion, to submit to the voters a question of whether to permit noncitizens to vote in all municipal elections at which municipal officers, including the mayorand city council membersare elected, ballot measuresare considered, and initiativesand referendaare proposed, at the General Municipal Electionto be held on Tuesday, November 5, 2024.
Section 4. Theballotquestionandfull textfor the proposedballot measureshall be as follows, with identification as determined in accordance with the California Elections Code:
Resolution No. 2023- 075
MEASURE #
PROPOSED AMENDMENT TO SECTION 1203
OF THE SANTA ANA CITY CHARTER
Shall the City of Santa Ana City Charter be amended to allow, November 2028 general municipal election, noncitizen
City residents, including those who are taxpayers and parents, vote in all City of Santa Ana municipal elections?
Yes
by the
to I No
Full Text of the City Charter Amendment ( text to be added, if approved, is underlined):
Sec. 1203. — Manner of Elections and Voting.
Unless otherwise provided by ordinance, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exist or may hereafter be amended, for the holding of elections in general law cities, insofar as the same are not in conflict with this charter or any ordinance adopted in accordance with this charter.
The City Council shall ado t an ordinance and additional olicies and regulations, as needed, authorizingany personwho has establishedresidencyin the Cityandwho is not otherwise disqualified from voting under Sections 2 and 4 of Article II of the California Constitution or any implementing State statute or City ordinance or resolution, to vote in all municipal elections regardless of whether the person is a United States citizen Municipal elections" include all local elections at which: the mayor, city council members, or any other municipal officers are elected: ballot measures are considered; and initiatives and referenda are proposed. The City Council shall adopt such policies, regulations and ordinances implementing this Section 1203 so that noncitizens may participate in elections on or prior to the general municipal election to be held in November of 2028.
Section 5. The question to be submitted to the voters is set forth above and other implementing actions may need to be taken by the voters and the City Council should the voters approve the measure.
Section 6. If the ballot measure receives a majority of the votes cast on it at the election, the question shall be approved.
Section 7. The City Clerk, in coordination with the Orange County Registrar of Voters, is authorized, instructedanddirectedto procureandfurnish 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 election. The ballots to be used at the election shall be in form and content as required by law.
Section 8. The City Council consents to the consolidation of the election on this Measure with all other elections being held in the same territory on November 5, Resolution No. 2023- 075
2024, and to hold and conduct the consolidated election in the manner prescribed in Election Code Section 10418. In accordance with Section 10403 of the Elections Code, the Board of Supervisors of Orange County is hereby requested to consent to consolidation of the election on this Measure with the Statewide General Election and all other electionsbeingheld in the same territoryon November5, 2024, andto having the Registrar of Voters render such election services to the City of Santa Ana as may be requestedby the CityClerk of said City, the Countyof Orangeto be reimbursedin full for such services as are performed.
Section 9. The election services requested by the City of the County Registrar of Voters, or such other official as may be appropriate and which officer is hereby authorized and directedto perform, if said Board of Supervisorsconsents, include: the preparation, printing, and mailing of sample ballots and voter information guides; the establishment or appointment of precincts, voting centers, and election officers; opening andclosingof votingcenters, and makingsuchpublicationsas are requiredby law in connection therewith; the furnishing of ballots, voting booths, and other necessary suppliesor materialsfor voting centers; the canvassingof the returns of the electionand thefurnishingoftheresultsofsuchcanvassingtotheCityClerk; andtheperformanceof such other election services as may be requested by the City Clerk.
Section 10. The precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote -by -mail procedures and timing, and electionofficers, and all other personsand proceduresfor the GeneralMunicipalElection shall be the same as those utilized by the County of Orange.
Section 11. All ballots shall be tallied at a central counting place and not at the precincts. Saidcentralcountingplaceshallbe ata Countycenteras designatedbythe Registrar of Voters.
Section 12. The City Clerk is herebydirectedto transmit a copy of the Measure setforth in Section 4 aboveto the City Attorney, who shall preparean impartialanalysis of the Measure in accordance with Section 9280 of the Elections Code not to exceed 500 words in length. The impartial analysis shall show the effect of the Measure on existing law and the operation of the Measure. It shall also include a statement indicating whether the Measurewas placedon the ballotby a petitionsignedby the requisitenumberof votersor by the City Council. In the event the entiretext of the Measureis not printed on the ballot, or in the voter informationportion of the sampleballot, there shall be printed immediatelybelowthe impartialanalysis, in no lessthan 10-font bold type, the following:
The above statement is an impartial analysis of Ordinance or Measure _. If you desire a copy of the ordinance or measure, pleasecall the election official's office at ( 714) 647-6520 and a copy will be mailed at no cost to you." The impartial analysis shall be filed no later than the deadline for direct arguments.
Section 13. All personsqualified to vote at municipalelectionsin the City on the dayofelectionhereinprovidedshallbequalifiedtovoteontheMeasureherebysubmitted at the General Municipal Election.
Resolution No. 2023- 075
Section 14. In all particulars not recited in the Resolution, the election shall be heldandconductedas providedby lawfor holdinggeneralmunicipalelectionsinthe City.
Section 15. Notice of the time and place of holdingthe electionis hereby given, and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election in the time, form, and manner as required by law.
Section 16. The City Clerk shall receive the canvass as it pertains to the election and shall certify the results to the City Council, as required by law.
Section 17. Pursuant to California Elections Code Section 9295, this Resolution and the included Measure will be available for public examination for no fewer than ten 10) calendardays priorto beingsubmittedfor printingin the voter informationguide.
Section 18. The City Council finds and determines that this Resolution is not subject to the California Environmental Quality Act ( CEQA) pursuant to sections 15060( c)( 2) and 15060( c)( 3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project," as defined in section 15378 of the State CEQA Guidelines. Furthermore, the Resolution falls within the " common sense" CEQA exemption set forth in CEQA Guidelines section 15061(b)(3), excluding projects where " it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Section 19. If any section, subsection, sentence, clause, phrase or provision of this Resolution or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other provision or applications, and to this endthe provisionsof this Resolutionare declaredto be severable. The CityCouncil hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or provisions thereof be declared invalid or unconstitutional.
Section 20. This Resolutionshall take effect immediatelyupon its adoptionby a majority of the City Council.
Section 21. The City Clerk is hereby directed to certify to the passage and adoption of this Resolutionand to file a certified copy of this Resolutionwith the Orange County Board of Supervisors and the Registrar of Voters of Orange County at least eighty-eight 88) days before the date of the election.
ADOPTEDthis 7thday of November. 2023.
Resolution No. 2023- 075
Jessie Lopez
Mayor Pro Tern
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:1jwy &"
i 1 t t
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers Hernandez Lopez Phan Vazquez ( 4)
NOES: Councilmembers Amezcua Bacerra. Penaloza ( 3)
ABSTAIN: Councilmembers None ( 0)
NOT PRESENT: Councilmembers None ( 0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFERL. HALL, CityClerk, do herebyattestto andcertifythe attachedResolution No. 2023-075 to be the original resolutionadopted by the City Council of the City of Santa Ana on November 7, 2023.
Date:
Resolution No. 2023- 075