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(a) Purpose. The ordinance is adopted to promote the policy contained in Administrative Code Section 3.26.
(b) Controller's Statement. Whenever a proposed appears on the ballot that includes a Set-Aside as that term is defined in Administrative Code Section 3.26, the Controller shall prepare and the Director of Elections shall caused to be printed in the voter information pamphlet a statement analyzing the impact of the measure on the City's budget and finances during the term of the measure, considered alone and in combination with existing Set-Asides. The Controller's statement shall inform the voters of both the policy that this section of the Charter adopts and whether the proposal identifies a specific adequate new funding source for the proposed Set-Aside so that the implementation of the Set-Aside will not cause any anticipated reduction in discretionary funding that the Mayor and Board of Supervisors may allocate in the budgetary process. The Controller may include any other material in the statement that he or she deems useful and appropriate.
(Added by Proposition S, 11/4/2008)
(a) The Director of Elections shall, between the ninetieth day and the eighty-first day prior to any election, publish, on three separate occasions, a notice in the official newspaper that arguments may be submitted for or against any measure to be voted upon at said election. Said notice need not include a description of said measures.
(b) The Director of Elections shall also distribute a news release relating to the submission of arguments to such other newspapers and radio and television stations as he or she deems will best inform persons of their right to submit such arguments, and to examine such arguments for a 10-day period as provided by California Elections Code Section 9295 and Section 590 of this Article.
(Added by Ord. 429-97, App. 11/17/97; amended by Ord. 291-06, File No. 061375, App. 11/29/2006)
(a) Rules for Submission. These procedures shall govern the submission and publication of ballot arguments for or against any measure submitted to the voters.
(b) Authorship. Subject to the provisions of Section 535, the Board of Supervisors, or any member or members of the Board of Supervisors authorized by that body; the Mayor; any proponent of an initiative measure or a referendum; any individual voter who is eligible to vote on the measure, or group of such voters; or association or organization; or any combination thereof, may submit a written argument for or against any measure for publication in the voter information pamphlet. When the Board of Supervisors authorizes a member or members of that body to submit and sign a written proponent's or opponent's argument for or against any measure for publication in the voter information pamphlet, or assigns that right to another person pursuant to Section 550 of this Code, the Board shall provide such authorization by motion and need not take any further action, including voting on or otherwise approving the actual text of the argument before it is submitted for publication.
(c) Form. To ensure that all ballot arguments are filed in a uniform format, the arguments shall be submitted in a manner specified by the Director of Elections.
(d) Authorization Signatures Required. A ballot argument shall not be accepted unless accompanied by the signature or signatures of the person or persons submitting it, or, if submitted on behalf of an association or organization, the name of the association or organization and the signature of at least one of its principal officers who is a registered San Francisco voter. The association or organization submitting the argument must clearly indicate whether it wishes the name of the officer submitting the argument to be printed as part of the argument. The names of additional associations, organizations, or individuals who are registered San Francisco voters may be submitted as co-authors of the argument. The names and titles of all co-authors, and the name and title of any other person to be included in the text of the argument as printed in the voter information pamphlet, shall be counted against the 300-word limit specified in Section 575 of this Article. Such names and titles shall be subject to the per-word fee specified in Section 830 of this Code.
(e) Consent Required. A ballot argument which includes in its text the name of a individual or entity, other than a co-author of the argument, which is represented as being for or against a measure, or which is represented as supporting, opposing, or endorsing the views expressed in the argument, shall not be accepted unless the argument is accompanied by a statement of consent signed by such individual or entity. The consent of an entity shall be signed by an officer or other duly authorized representative.
(Added by Ord. 429-97, App. 11/17/97; amended by Ord. 44-03, File No. 021996, App. 4/3/2003; Ord. 183-03, File No. 030652, App. 7/25/2003; Ord. 291-06, File No. 061375, App. 11/29/2006; Ord. 102-14
, File No. 140341, App. 7/2/2014, Eff. 8/1/2014)
"Author" means the Person whose name appears in italics after the text of a ballot argument in the voter information pamphlet, to signify that the ballot argument is attributed to that Person. There may be more than one Author for a single ballot argument.
"Committee" has the same meaning as set forth in the California Political Reform Act, California Government Code section 82013.
"Non-supporter" means any Person who, with respect to a measure:
(1) is a treasurer, officer, or member of a committee that has made or plans to make expenditures in opposition to a measure;
(2) has received or has been promised any compensation or thing of value from such a committee to perform consulting services for that committee; or
(3) has authorized his or her name or likeness to appear on campaign literature or in advertising that advocates for the defeat of a measure.
"Person" means any registered San Francisco voter, group of registered San Francisco voters, association or organization, or combination thereof. An association or organization must have at least one principal officer who is a registered San Francisco voter.
"Supporter" means any Person who, with respect to a measure:
(1) is a treasurer, officer, or member of a Committee that has made or plans to make expenditures in support of the measure;
(2) has received or has been promised any compensation or thing of value from such a Committee to perform consulting services for that Committee;
(3) has authorized his or her name or likeness to appear on campaign literature or in advertising that advocates for the adoption of the measure; or
(4) who, with respect to an initiative or referendum petition, is the official proponent of the initiative or referendum petition.
(b) Proponent's and Opponent's Arguments.
(1) Ballot arguments submitted for selection as the proponent's argument for or opponent's argument against a measure as provided in Section 545 must be submitted to the Director of Elections no later than noon of the eighty-second day prior to the election at which the measure is to be voted upon.
(2) Each Author of a ballot argument submitted for selection as the proponent's argument shall attest under penalty of perjury on a form provided by the Director of Elections that the Author is not a Non-supporter of the measure to which the ballot argument pertains. Each Author of a ballot argument submitted for selection as the opponent's argument shall attest under penalty of perjury on a form provided by the Director of Elections that the Author is not a Supporter of the measure to which the ballot argument pertains.
(3) No Person may submit more than one ballot argument per measure for selection as either the opponent's argument or proponent's argument.
(c) Rebuttal Arguments. Rebuttal arguments as provided for in Section 550 must be submitted to the Director of Elections no later than noon of the seventy-eighth day prior to the election at which the measure is to be voted upon.
(d) Paid Arguments. Ballot arguments submitted for publication as paid arguments for or against a measure as provided for in Section 560 must be submitted to the Director of Elections no later than noon of the seventy-eighth day prior to the election at which the measure is to be voted upon.
(e) Modification or Withdrawal of Submitted Arguments. Arguments may be changed or withdrawn by the Persons submitting them at any time up to and including the last day for submission. No Person may change an argument, except as provided in Subsection (f), and no Person may withdraw an argument, after the deadline for submission of the argument.
(f) Correction of Submitted Arguments. Grammatical, spelling and factual errors contained in a proponent's or opponent's argument may be corrected by any Author of the argument at any time up until noon of the eighty-first day prior to the election. Grammatical, spelling and factual errors contained in a rebuttal argument may be corrected by any Author of the argument at any time up until noon of the seventy-seventh day prior to the election. Grammatical, spelling and factual errors contained in a paid argument may be corrected by any Author of the argument at any time up until noon of the seventy-seventh day prior to the election. For purposes of this Subsection (f), the determination of what constitutes a grammatical, spelling or factual error shall be made by the Director of Elections. No Person may correct grammatical spelling or factual errors contained in an argument after the deadline specified in this Subsection.
(Added by Ord. 429-97, App. 11/17/97; amended by Ord. 183-03, File No. 030652, App. 7/25/2003; Ord. 223-04, File No. 040980, App. 8/25/2004; Ord. 291-06, File No. 061375, App. 11/29/2006; Ord. 102-14
, File No. 140341, App. 7/2/2014, Eff. 8/1/2014)
The Director of Elections shall cause one argument for and one argument against the measure to be selected as the "proponent's" and "opponent's" argument, respectively, and printed free of charge in the voter information pamphlet in a location following the ballot statement or question, the digest prepared by the Ballot Simplification Committee, and the Controller's statement for that measure.
(Added by Ord. 429-97, App. 11/17/97)
(a) If more than one argument is submitted for selection as the proponent's argument for or opponent's argument against any measure, the Director of Elections shall no later than 2:00 p.m. on the eighty-second day prior to the election select the argument to be published according to the order of priority shown herein.
(1) Arguments supporting a measure:
(A) The proponent of an initiative petition; or the Mayor, the Board of Supervisors or four members of the Board of Supervisors if the measure is submitted by the same;
(B) The Board of Supervisors, or any member or members designated by motion of the Board;
(C) The Mayor;
(D) Any individual registered San Francisco voter, group of registered San Francisco voters, association or organization, or combination thereof.
(2) Arguments opposing a measure:
(A) In the case of a referendum, the person who files a referendum petition with the Board of Supervisors;
(B) The Board of Supervisors, or any member or members designated by motion of the Board;
(C) The Mayor;
(D) Any individual registered San Francisco voter, group of registered San Francisco voters, association or organization, or combination thereof.
(b) If more than one argument is submitted for or against a measure at any given level of priority as specified in subsection (a) and no argument entitled to higher priority is submitted, the Director of Elections shall select the proponent’s or opponent’s argument by lot from among all arguments at the highest level of priority. A Person’s name shall not be listed as an Author on more than one ballot argument per measure that is submitted for selection as either the opponent’s argument or proponent’s argument.
(a) Exchange of Proponent and Opponent Arguments. Upon selection of the "proponent's" argument for and "opponent's" argument against a measure, the Director of Elections shall immediately send copies of both to the persons whose arguments have been selected. The authors of the direct arguments may each prepare and submit a rebuttal argument not to exceed 250 words. Rebuttal arguments shall be printed in the same manner as the direct arguments and in a location immediately following the appropriate direct arguments. If no direct argument is submitted in support of or in opposition to a measure, the Director of Elections shall not accept or publish any rebuttal argument.
(b) When the Board of Supervisors authorizes a member or members of that body to submit and sign a rebuttal argument to any written proponent or opponent argument for or against any measure for publication in the voter information pamphlet, or assigns that right to another person or persons pursuant to Subsection (d), the Board shall provide such authorization by motion and need not take any further action, including voting on or otherwise approving the actual text of the rebuttal argument before it is submitted for publication.
(c) Assignment of Proponent and Opponent Arguments. Persons who are entitled, pursuant to Section 545(a)(1)(A), (B) or (C) or Section 545(a)(2)(A), (B), or (C) to submit the proponent or opponent argument for a particular measure may assign the right to submit the argument to another person or persons, provided that the assignee is eligible to submit an argument pursuant to Section 530(b) of this Code.
(d) Assignment of Rebuttal Arguments. The authors of a direct proponent or opponent argument may assign to another person or persons the right to submit a rebuttal argument, provided that the assignee is eligible to submit an argument pursuant to Section 530(b) of this Code.
(Added by Ord. 429-97, App. 11/17/97; amended by Ord. 44-03, File No. 021996, App. 4/3/2003; Ord. 183-03, File No. 030652, App. 7/25/2003; Ord. 291-06, File No. 061375, App. 11/29/2006)
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