Initiative Process

Space does not allow for a detailed discussion of the many complexities involved in the ballot initiative process. Each step has a specific timetable attached to it which must be followed. These time deadlines differ with respect to city or county initiatives, and are too numerous to recount here. In general, the following steps are required:

Step 1 --          A well organized campaign committee should be formed and a financial war chest established to fund the ordinance campaign.

Step 2 --                An expert or political consultant should be retained for advice or assistance, since the process is extremely technical.

Step 3 --       The law should be consulted to ensure that any required reporting of campaign expenditures is made with the California Fair Political Practices Commission. This is another area where the consultant or expert can assist.

Step 4 --       The text of the proposed ordinance must be prepared and submitted to the City Attorney or County Counsel for review. That person shall then prepare what is referred to as a "Title and Summary" of the proposed law.

Step 5 --        The Title and Summary is then published in a local newspaper, together with a statement of intent from the author of the ordinance.

Step 6 --                A Petition form is then prepared which incorporates the text of the proposed ordinance, the Title and Summary and statement of intent, the form of which is typically approved by the City or County.

Step 7 --       The Petition form is circulated in large numbers for signature to qualify it for the ballot. Cities require that no fewer than 10% of the registered voters sign the Petition. It is a good idea to obtain an extra 2% at minimum, in order to guard against the possibility that invalid signatures will invalidate the Petition. Signatures are tougher to gather than may be first thought and it is not unusual for the proponent of an initiative to pay signature gatherers to get the job done.

Step 8 -    The Petition forms are submitted to the City or County, who then passes them along to the local Registrar of Voters to verify the signatures.

Step 9 -    Once the signatures are verified, the issue has been qualified for inclusion on the ballot for the next election, and ballots are printed.

Step 10 - The political campaign to convince voters to pass the initiative then begins.  Arguments in favor of the initiative should be prepared for inclusion in the ballot material.  Pamphlets and flyers are also desirable, and it is important to obtain the support and endorsements of as many influential members of the community as possible.

Organization, timing and money are all essential to this process. When a large and dedicated group of homeowners commits itself to the task, the initiative process can be successful. The ordinance passed in the City of Escondido, (1) which was upheld by the United States Supreme Court in the case of Yee v. City of Escondido, was passed by ballot initiative.

REFERENCE

1. Yee v. City of Escondido, supra.

Source: The GSMOL Mobilehome Rent Stabilization Ordinance Handbook, Second Edition: Guidelines for Drafting and Enacting a Mobilehome Rent Stabilization Ordinance.

Prepared by: Bruce Stanton, Esq., Corporate Counsel

Image courtesy of Jeroen van Oostrom at freedigitalphotos.net