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San Diego, California, Vacancies and Special Elections, Measure E (November 2016)
| Measure E: San Diego Vacancies and Special Elections |
|---|
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| The basics |
| Election date: |
| November 8, 2016 |
| Status: |
 Approved
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| Topic: |
| Local election and voting laws |
| Related articles |
| Local election and voting laws on the ballot November 8, 2016 ballot measures in California San Diego County, California ballot measures |
| See also |
| San Diego, California |
A measure providing rules for vacancies and special elections was on the ballot for San Diego voters in San Diego County, California, on November 8, 2016. It was approved.
| A yes vote was a vote in favor of defining what a “vacancy” is for elected offices, creating procedures for the removal of elected officials, determining in what situations a special election would take place to fill a vacancy, and requiring the city attorney to have been licensed in California for ten years when seeking office. |
| A no vote was a vote against changing laws regarding vacancies and special elections. |
Election results
| Measure E | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 419,748 | 87.06% | ||
| No | 62,400 | 12.94% | ||
- Election results from San Diego County Elections Office
Text of measure
Ballot question
The following question appeared on the ballot:[1]
| “ |
CHARTER AMENDMENT REGARDING QUALIFICATIONS, VACANCY, AND REMOVAL FOR MAYOR, CITY ATTORNEY, AND COUNCIL. Shall the Charter be amended to include a new article adding: incapacity, felony conviction, and removal as grounds for vacancies in office; a procedure for calling a special election to remove an officer for cause; a revised procedure for filling vacancies; to require the City Attorney be a licensed attorney; and to define authority during vacancies and enforcement of office forfeiture?[2] |
” |
Impartial analysis
The following impartial analysis of the measure was prepared by the office of the San Diego City Attorney:
| “ |
This measure would amend the San Diego Charter related to the qualifications, succession, forfeiture of office, vacancy, and removal of the Mayor, City Attorney, and City Council. This measure was drafted after the San Diego County Grand Jury issued a report outlining the San Diego Charter’s lack of a procedure to remove elective officers, other than by voter-initiated recall. In response to the Grand Jury, the Council agreed to review the suggestions and consider potential Charter amendments. The Council created a Charter Review Committee, consisting of five Councilmembers, which held hearings to consider the issue. If approved by voters, this measure would amend the Charter to clarify how an elective officer forfeits office for certain contracting and fraud offenses; define who exercises authority during vacancies and the scope of such authority; and add a requirement that the City Attorney be licensed for ten years in the State of California. The Charter currently addresses vacancies occurring after the death, resignation, or recall of Councilmembers and the Mayor. If approved, the Charter amendments would define vacancy for all elective officers, and add mental or physical incapacity, felony conviction, and removal as additional causes of vacancies. The amendments also would add a procedure for removing elective officers for malfeasance or dereliction of duty. The City Clerk would notify the Council of an elective officer’s conviction of a misdemeanor involving official duties or moral turpitude, or a court’s ruling that an elective officer failed to perform official duties after a court order. After notification, three-fourths of the Council (currently seven of nine members) may call a special removal election; voters would be asked to remove the elective officer by majority vote. The Council would be required to adopt a complete procedure for removal elections in the Municipal Code. This could include limitations on elections when officers are already running for reelection. The removal election would be a new method for San Diego voters to remove an elective officer. Voters would retain their constitutional right to recall an elective officer, which is also specified in Charter section 23. A successful recall petition would suspend other removal proceedings. San Diego would be the first California city with a Council-initiated special removal election; thus, no court has analyzed whether this procedure interferes with voters’ constitutional right to recall elective officers. The Charter currently provides separate procedures for filling vacancies in each elective office. If approved, amendments would provide a uniform procedure for the Mayor, City Attorney and Council, based on existing procedure for vacancies of the Mayor or a Councilmember. If more than one year remains in an elected official’s term, voters choose a replacement by special election. When less than one year remains, the Council appoints a successor. City Attorney vacancies previously were filled by appointment only. The Council’s Charter Review Committee considered this measure and the Council placed it on the ballot. If approved, the Charter amendments would become effective after they are chaptered by the California Secretary of State. [2] |
” |
| —San Diego City Attorney[3] | ||
Full text
The full text of the measure is available here.
Path to the ballot
This measure was put on the ballot through a vote of the city council of San Diego, California.
Recent news
The link below is to the most recent stories in a Google news search for the terms San Diego Local election and voting laws. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
External links
Footnotes
- ↑ San Diego Registrar of Voters, "Local Measures for November 8, 2016," accessed September 29, 2016
- ↑ 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ San Diego Registrar of Voters, "Measure E," accessed September 29, 2016
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