105 Cal. App. 3d 358 | Cal. Ct. App. | 1980
Opinion
The City Council of the City of San Rafael appeals from a judgment ordering the issuance of a writ of mandate commanding the City Clerk of the City of San Rafael to forward the supplemental initiative charter amendment petitions submitted to her by petitioner San Rafael Fireman’s Association, Local 2208, to the County Clerk of the County of Marin for examination and verification of the signatures thereon as provided by law; commanding the county clerk upon receipt of such petitions to examine and verify the signatures thereon as provided by law and to forward the results thereof to the City Clerk of the City of San Rafael; and, if the number of signatures, counting both the signatures on the petitions submitted by petitioner on August 18, 1976, and on the petitions submitted on September 2, 1976, found by the county clerk to be valid equals or exceeds 15 percent of the registered electors of the City of San Rafael, commanding the City Council of the City of San Rafael to cause the proposed charter amendment to be published as required by Government Code section 34455
In its lengthy and thoughtful notice of intended decision, the trial court opined: “It is fair to observe that a bewildering maze of Constitutional and statutory provisions govern various aspects of the initiative process. The critical problem is to determine what provisions of law govern the petitions which are the subject of this case.” California’s Constitution, article XI, section 3, subdivision (b), confers upon the electors of a chartered county or city, the absolute right to amend such a public entity’s charter “by initiative or by the governing body.” Where the state’s Constitution reserves legislative power to the people, statutes will be liberally construed so as to give effect to that power. (San Francisco Fire Fighters v. Board of Supervisors (1979) 96 Cal.App.3d 538, 543 [158 Cal.Rptr. 145], hg. den. Nov. 8, 1979.) We turn then to the contentions raised on appeal.
Appellant first contends that the trial court erred in its refusal to apply Elections Code section 46.5, and that an affidavit signed by circulators who are residents of San Rafael must be attached to a charter amendment petition.
At the time of filing the petition for writ of mandate, Elections Code section 46.5 provided: “Wherever, by the Constitution or laws of this state, any petition or paper is required to be signed by voters, the circulator of the petition or paper shall indicate on the affidavit, to be filed at the same time as such petition or papers, the dates between which all signatures to the petition or paper were obtained and his or her voting address at the time of the execution of the affidavit.”
People v. White (1954) 122 Cal.App.2d 551, 554 [265 P.2d 115], states: “The attorney general asks us to hold that although no affidavit
Appellant’s argument that the circulator must be a resident of San Rafael imposes a requirement that is not contained in the statute. When respondent filed its charter amendment petition, Elections Code section 20 provided: “‘Elector’ means any person who qualifies to vote at either a state election or a federal election held in the state.” (Stats. 1971, ch. 724, § 1, p. 1452; repealed by Stats. 1976, ch. 226, § 1, p. 430.) Section 45.1 of the Elections Code provided, at that time: “Any person who is an elector may circulate an initiative, referendum or recall petition.” (Stats. 1971, ch. 724, § 2, p. 1453; repealed by Stats. 1976, ch. 226, § 1, p. 430. )
Next appellant argues that the trial court disregarded substantial authority to the contrary when it held that the petition was not invalidated by the fact that the signators did not include their printed name after their signatures. Appellant states that it is undisputed that Elections Code section 4084 applies to charter amendments and requires that “[e]ach signer of the petition shall sign it in the manner prescribed by Section 45 of this code.”
Lastly, appellant argues that the initiative provisions of the Elections Code apply to charter amendment petitions and thus notice of intention to circulate a charter amendment petition was required. This question was addressed by the Attorney General of this state at the time when procedures for circulating initiative ordinance and charter amendment petitions were set forth in the state Constitution but in sep
We conclude that the trial court properly ordered issuance of a writ of mandate.
The judgment is affirmed.
Before Taylor, P. J., Rouse, J., and Miller, J.
Repealed by Statutes 1976, chapter 226, section 1, page 430; now found in Elections Code section 44.
Elections Code section 42 now provides: “Any person who is a voter may circulate an initiative, referendum or recall petition.” (Added by Stats. 1976, ch. 226, § 2, p. 433.)
Section 45 was amended in 1975 to provide in pertinent part: “Each signer shall at the time of signing the petition or paper include his printed name and his place of residence... which will enable the location to be readily ascertained....” (Stats. 1975, ch. 544, § 1, p. 1110.)
Statutes 1972, chapter 409, section 3, pages 729-730; repealed by Statutes 1976, chapter 248, section 2, page 488.