CC Resolution No. 16-030 Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal ElectionsRESOLUTION NO. 16-030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY
MEASURES SUBMITTED AT MUNICIPAL ELECTIONS
WHEREAS, § 9282 of the Elections Code of the State of California provides for
written arguments to be filed in favor of or against city measures not to exceed 300 words in
length; and
WHEREAS, § 9285 of the Elections Code of the State of California authorizes the
City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal
arguments for city measures submitted at municipal elections;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to Section 9285 of the Elections Code of the State of
California, when the elections official has selected the arguments for and against the
measure (not exceeding 300 words each) which will be printed and distributed to the
voters, the elections official shall send a copy of an argument in favor of the proposition to
the authors of any argument against the measure and a copy of an argument against the
measure to the authors of any argument in favor of the measure immediately upon
receiving the arguments.
The author or a majority of the authors of an argument relating to a city measure
may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in
writing any other person or persons to prepare, submit, or sign the rebuttal argument.
A rebuttal argument may not be signed by more than five authors.
The rebuttal arguments shall be filed with the City Clerk, signed, with the printed
name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an
organization, the name of the organization, and the printed name and signature of at least
one of its principal officers who is the author of the argument, by the deadline established
by the City Council. The rebuttal arguments shall be accompanied by the Form of
Statement To Be Filed By Author(s) of Argument to be provided by the City Clerk.
Rebuttal arguments shall be printed in the same manner as the direct arguments.
Each rebuttal argument shall immediately follow the direct argument which it seeks to
rebut.
Resolution No . 16-030
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SECTION 2. That all previous resolutions providing for the filing of rebuttal
arguments for city measures are repealed.
SECTION 3. That the provisions of Section 1 shall apply at the next ensumg
municipal election and at each municipal election after that time.
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 31st day of March, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Chang, Vaidhyanathan, Paul, Sinks, Wong
None
None
None
APPROVED:
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Grace Schmidt, City Clerk