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201108_Alameda County Guide for Filing a Ballot Measure Argument

201108_Alameda County Guide for Filing a Ballot Measure Argument

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Published by Mark Dierolf
Alameda County guide for filing a ballot measure argument. By the Alameda County Registrar of Voters. Dated: Aug. 2011.
Alameda County guide for filing a ballot measure argument. By the Alameda County Registrar of Voters. Dated: Aug. 2011.

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 This guide was developed in an effortto provide answers to questionsfrequently asked to the AlamedaCounty Registrar of Voters officeconcerning county, school districts, andspecial district measures. It is forgeneral information only and does nothave the force and effect of law,regulation or rule. In case of conflict,the law, regulation or rule will apply.Persons using this guide must bear fullresponsibility to make their owndeterminations as to all legal standardsand duties. For information on citymeasures please contact your CityClerk.
GUIDE TO FILING MEASURE ARGUMENTS
Alameda County Registrar of Voters1225 Fallon St. Room G-1Oakland, CA 94612
8/2011
For County, School Districts and Special Districts
 
 
 All Sections cited are from the California Elections Code
ARGUMENTS FOR AND AGAINST:
 
Filers:
The governing board (i.e. Board of Supervisors, school board or special district board) ormembers of the legislative body authorized by the legislative body, or any individual voter who iseligible to vote on the measure, or bona fide association of citizens, or any combination of thesevoters and associations may
file
a written argument for or against any county, school, or districtmeasure placed on the ballot by the governing body or county initiatives placed on the ballotthrough the petition process. (§9120, 9162, 9282, 9501)
 
The persons filing a district initiative petition may file an argument in favor of the proposedordinance. The district board may submit an argument against the ordinance. (§9315)
 
The
filer
does not have to be a
signer
of the argument.
 
Ballot arguments for county and special district measures must be accompanied by the name ornames of the person or persons filing it, or if filed on behalf of an organization, the name of theorganization and the name of at least one of its principal officers. No more than five signaturesshall appear with any argument submitted for or against a county or special district measure.(§9164)
 
Ballot arguments for school district measures must be accompanied by the printed name andsignature or printed names and signatures of the person or persons submitting it or, if submitted onbehalf of an organization, the name of the organization and the printed name and signature of atleast one of its principal officers. No more than five signatures shall appear with any argumentsubmitted under this article. (§9501.5)
 
If more than one argument for or against any county, district or school measure is submitted, thecounty elections official shall select one for printing in the Voter’s Information Pamphlet pursuantto the following priority:1.
 
The Board of Supervisors or governing board, or member of members of the boardauthorized by the board;2.
 
The individual voter, or bona fide association of citizens, or combination of votersand associations, who are the bona fide sponsors or proponents of the measure;3.
 
Bona fide association of citizens;4.
 
Individual voters who are eligible to vote on the measure. (§9167,9503)
 
Arguments shall not exceed 300 words. (§9162, 9315, 9501)
OVERVIEW 
 
 REBUTTAL ARGUMENTS
:
 
When the arguments for and against the measure have been selected, the elections official shallsend copies of the argument in favor to the authors of the argument against the measure, andcopies of the argument against to the authors of the argument in favor of the measure. The authorsmay prepare and submit rebuttal arguments.
 
Rebuttal arguments must be signed with original signatures by the same authors of the argumentsunless the filers of the arguments authorizes in writing (see form attached) for another person orpersons to sign the rebuttal arguments. (Allowed pursuant to §9069, even though it pertainsspecifically to state measures.) A “Release for Rebuttal Argument” should be filed with the rebuttalarguments. The authorization may be accepted after the filing deadline.
 
Rebuttal arguments must not exceed 250 words. (§9167, 9220, 9285, 9317, 9504)
IMPARTIAL ANALYSIS:
 
County or School Measure:
The County Counsel or District Attorney is required to prepare animpartial analysis of a county or school measure. (§9160, 9500)
 
 
City Measure:
The City Attorney shall prepare an impartial analysis of a city measure. (§9280)
 
 
Special District:
For special district initiatives, the County Counsel or District Attorney of thecounty with the largest number of registered voters shall prepare an impartial analysis. (§9313)
 
 
 Water District:
For water district initiatives, the counsel for the district, or if there is no counsel, theCounty Counsel of the county with the largest number of registered voters shall prepare animpartial analysis. If there is a legal counsel for the water district, the analysis shall be subject toreview and revision by the County Counsel. (§9314)
 
The impartial analysis must not exceed 500 words. (§9160, 9313, 9314, 9500)
FISCAL ANALYSIS:
 
The County Auditor-Controller may be requested by the Board of Supervisors no later than 88 daysprior to an election to prepare a fiscal analysis of a county measure. The fiscal impact statementshall not exceed 500 words. (§9160)
 TAX RATE STATEMENT:
 
Each bond measure proposed by a county, city, district or other political subdivision or by anyagency, department, or board thereof, the security of which constitutes a lien on the propertywithin the jurisdiction, shall mail a tax rate statement with the Sample Ballot/Voter InformationPamphlet. (§9400, 9401)
 
The law does not specify a word limit for such statements.

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