A.
By-District
Elections. Pursuant to California Government Code section 34886, all
members of the City Council of the City of Palm Springs shall be elected
by-district in five single-member districts.
1.
All members of the City Council shall be elected in the electoral districts established by subsection B of this Section and as subsequently reapportioned pursuant to State law. All City Council elections shall take place "by district" as that term is defined in California Government Code section 34871, meaning each of the five Councilmembers shall be elected from each district, by the voters of that district alone.
2.
Any
Councilmember elected or appointed to represent a district must reside
in that district and be a registered voter in that district, and any
candidate for City Council must reside in, and be a registered voter
in, the district in which he or she seeks election at the time nomination
papers are issued.
3.
Termination
of residency in a district by a Councilmember shall create a vacancy
for that City Council district unless a substitute residence within
the district is immediately declared and established within 30 days
after the termination of residency.
4.
Notwithstanding
any other provision of this Section, all Councilmembers, including
the Councilmember who serves as Mayor, in office at the time this
Section takes effect shall continue in office until the expiration
of the at-large term to which they were elected. In the event a vacancy
occurs before the expiration of the term of a Councilmember, in office
at the time this Section takes effect, including the Councilmember
who serves as Mayor, a person who is appointed or elected by special
election to fill such vacancy may reside anywhere within the corporate
boundaries of the City. A person appointed or elected to fill such
a vacancy shall hold the office in accordance with the City Charter
and applicable provisions of the City of Palm Springs Municipal Code.
B.
City
Council Districts and District Elections. Effective for all Council
offices newly elected at the November 8, 2022, General Municipal Election
and at each General Municipal Election thereafter, all five Councilmembers
shall be elected on a by-district basis from the Council districts
shown and numbered on the map titled 'City of Palm Springs District
Map - 2022' attached as Exhibit A, a copy of which shall be on file
in the City Clerk's office. In November, 2022, and every four years
thereafter, the following three City Council districts shall be elected
by-district: District 1; District 2; and District 3. In November,
2024, and every four years thereafter, the following two City Council
districts shall be elected by-district: District 4 and District 5.
The City Council may, by future enactment, change the dates of these
elections as required and/or authorized by applicable law. Notwithstanding
any other provision of this Section, and pursuant to California Elections
Code § 21626 (a) and (b), each of the Council Members currently
in office at the time this Ordinance takes effect shall continue in
office until the expiration of the full term to which they were regularly
elected or appointed. Any vacancy in or recall election for a Council
term currently in effect shall be filled based on the Council districts
in effect at the time the current Council term was last regularly
elected.
C.
Amendment
of District Boundaries. Pursuant to California Elections Code section
21620, as it may be amended from time to time, the City Council shall
adjust the boundaries of any or all of the districts following each
federal decennial census or, if authorized by the City Charter, following
each federal mid-decade census, to ensure that the districts are in
compliance with all applicable provisions of law.
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(Ord. 1971 § 2, 2018; Ord. 2060 § 2, 2022)
Commencing with the November, 2020 election, the Palm Springs
general municipal elections shall be consolidated with established
elections dates and shall be held on the first Tuesday following the
first Monday of November of each even-numbered year to coincide with
statewide general elections.
In accordance with Sections 1301 and 10403.5 of the California
Elections Code, the term of any elected City Councilmember that would
have expired in December 2021 and 2023 shall, instead, expire in the
same manner, but after the occurrence of the November 2020 and 2022
general municipal elections established by this Ordinance.
(Ord. 1790 § 1, 2011; Ord. 1982 § 2, 2019)
The provisions of Cal. Elections Code § 10220 shall apply
to candidates for any of the elective offices in the City except as
follows:
(a)
Each
candidate shall be proposed by not less than 80 nor more than 120
voters in the City, but only one candidate may be named in any one
Nomination Paper.
(b)
Only
one person may circulate each Section of a Nomination Paper.
(c)
Not
earlier than the 120th day nor later than the 88th day before a municipal
election during normal business hours, as posted, the voter may nominate
candidates for election by signing a nomination paper.
(Ord. 1790 § 1, 2011)
(a)
At
the time of the issuance of a candidate nomination paper pursuant
to applicable laws, each candidate for elective office shall submit
to the City Elections Official proof of residency sufficient for the
City Elections Official to determine the candidate's residency in
the City of Palm Springs.
(b)
Proof
of residency shall be sufficient to demonstrate the candidate is a
bona fide resident of the City as reasonably determined by the City
Elections Official, and may consist of a California issued driver
license, California issued Identification Card, a utility bill at
least 30 days old, mortgage documents, property tax statement, lease
agreement, or any combination of such documents.
(c)
If
proof of residency is not submitted by a candidate, pursuant to this
Section, at the time of the issuance of a nomination paper; or should
the City Elections Official not be able to make a clear and final
determination of the candidate's residency, the City Elections Official
shall issue the candidate a nomination paper and shall imprint in
bold the following statement:
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"NOTICE TO VOTER. THIS CANDIDATE HAS NOT DEMONSTRATED
PROOF OF RESIDENCY IN THE CITY OF PALM SPRINGS PURSUANT TO LOCAL LAW.
NOMINATION OF THIS CANDIDATE AND ACCEPTANCE AND FILING OF THIS NOMINATION
PAPER IS CONDITIONED UPON THE CANDIDATE SUBMITTING PROOF OF BONA FIDE
RESIDENCY IN THE CITY OF PALM SPRINGS."
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(d)
The
City Elections Official shall not accept for filing any candidate
nomination paper without proof of residency pursuant to this Section.
(e)
The
decisions of the City Elections Official under this Section are final.
(Ord. 1792 § 1, 2011)
The provisions of Cal. Elections Code § 10221 shall apply
with respect to the signatures on Nomination Papers except as follows:
(a)
The
City Elections Official shall provide for four Sections to a Nomination
Paper. Each Section of a Nomination Paper shall provide for 30 signatures.
(b)
Except
as provided in subdivision (b) of § 10221 of Cal. Elections Code,
the signatures to each Section of a Nomination Paper shall be appended
on the same sheet of paper.
(Ord. 1790 § 1, 2011)
The provisions of Cal. Elections Code § 10222 pertaining
to the affidavit of circulator, shall apply to each Section of a Nomination
Paper.
(Ord. 1790 § 1, 2011)
(a)
The
provisions of Cal. Elections Code §§ 13307 and 13308, relating
to the preparation, form, and submission of candidate statements,
shall apply to candidate profiles in mayor and city council elections.
(b)
Each
candidate for the office of Mayor or Member of the City Council may
prepare and submit to the Elections Official for printing and circulation
a candidate's profile on an appropriate form provided by the Elections
Official. The profile may include only the name, age, and occupation
of the candidate and a brief description, in no more than 200 words,
of the candidate's education and qualifications expressed by the candidate
himself or herself. Any candidate profile submitted pursuant to this
section shall be limited to a recitation of the candidate's own personal
background and qualifications, candidate's qualifications, character,
or activities. The profile shall not include the party affiliation
of the candidate, nor membership or activity in partisan political
organizations.
(c)
The
Elections Official shall not cause to be printed or circulated any
profile which the Elections Official determines does not comply with
the provisions of this Section. The Elections Official, in his or
her sole discretion, after first attempting to consult with the candidate,
may strike or modify the portion or portions of the candidate profile
that is not in compliance with this Section and thereafter cause to
be printed and circulated the candidate's statement as redacted or
modified.
(d)
The
decisions of the City Elections Official under this Section are final,
subject only to review by the Superior Court in accordance with state
law.
(Ord. 1820 § 1, 2013)
The City Elections Official may issue rules, regulations, notices,
memoranda, or conditions from time to time as the City Elections Official
deems appropriate or necessary, consistent with the provisions of
this Chapter and the Palm Springs Municipal Code.
(Ord. 1792 § 2, 2011)
