The city council, or the majority of the members of the city council authorized by the city council, may file a written argument for or against any city measure. If the position of the members of the city council is not unanimous, the member, or members, of the city council whose position is opposed to that of the majority may file a written argument in opposition to that of the majority. Any individual voter or bona fide association of citizens, or any combination of voters or associations, may file a written argument for or against any city measure.
(a) No argument shall exceed three hundred words in length. The city clerk shall cause arguments for and arguments against the measure to be printed and shall include a copy of the arguments both for and against printed on the same sheet of paper or on separate sheets fastened together with each sample ballot; provided that only those arguments filed pursuant to this section shall be printed and included with the sample ballot.
(b) A ballot argument shall not be acceptable under this section unless accompanied by the name, or names, of the person, or persons, submitting it, or if submitted on behalf of an organization, the name of the organization and the name of at least one of its principal offices. No more than five signatures shall appear with any argument submitted under this section. In case any argument is filed by more than five persons, the signatures of the first five shall be printed.
(c) Based on the time reasonably necessary to prepare and print arguments and sample ballots for that particular election, the city clerk shall fix and determine a reasonable date prior to the election after which no arguments for or arguments against any city measure may be submitted to the city clerk for printing and distribution to the voters as provided in this section. Arguments may be submitted until and including the date fixed by the city clerk, and arguments may be withdrawn by their proponents at any time prior to and including the final date fixed for filing arguments.
(d) If more than one argument for or more than one argument against any such measure is submitted to the city clerk within the time prescribed, the city clerk shall select two arguments in favor of the measure, if two or more such arguments have been submitted, and two arguments against the measure, if two or more such arguments have been submitted, for printing and distribution to the voters. In selecting the arguments for or against the measure, the city clerk shall give preference and priority in the order named below to the arguments of the following:
1. The city council, or the majority of the members of the city council, on the one side and the minority member, or members, of the city council on the other side.
2. In the case of an initiative or referendum measure, the bona fide sponsors or proponents of the measure.
3. Bona fide associations of citizens.
4. Individual voters.
As used herein a "bona fide association of citizens" shall mean any association which has been organized and is existing in accordance with the Political Reform Act of the State of California, or which files a statement as to its legitimacy under penalty of perjury upon a form furnished by the city clerk for that purpose.
Editor's note: This section of the Charter was added by Senate Concurrent Resolution No. 102 which was ratified by the qualified electors of the city at an election held June 8, 1971. This section was amended by the voters of the city at a special election held March 5, 2002.