This section is intended to be a general guide to assist residents who are interested in processing an initiative for referendum petition in the City of Palo Alto. This is not intended to be a full representation of every step or legal requirement. For the exact process, please refer to the Palo Alto City Charter and Municipal Code. Additionally, you are encouraged to consult independent legal counsel regarding the validity or potential conflicts of interest regarding a proposed petition to ensure success.
1. Develop the Written Text of the Proposed Initiative
Individuals who are interested in filing an initiative or referendum petition must first craft the language detailing what regulations they are desiring the City to adopt or repeal. Next is to get registered voters to agree with you through a petition process.
2. Publish a Notice of Intention
The next step is to notify the public that individuals are planning to circulate a petition. Before collecting any signatures, a “notice of intention to circulate an initiative petition” must be published in a newspaper of general circulation, prior to collecting any. A copy of the notice of intention, together with an affidavit of publication must be filed with the City Clerk prior to collecting any signatures. A notice shall be substantially in the following form:
Notice of Intent to Circulate Initiative Petition
Notice is hereby given of the intention of the persons whose names appear hereon to circulate an initiative petition within the city of Palo Alto for the purpose of______. A statement of the reasons of the proposed action as contemplated in said petition is as follows: …
3. Create a Petition to Gather Signatures
The next step would be to create a form that includes the notice of intention statement, and signature blocks to collect signatures from registered voters in the City of Palo Alto (see sample block below). Also, it must include the affidavit of the Circulator.
4. Collect Signatures
Unlike state law, there is no required time limit for the collection of signatures. Signatures must be collected within the jurisdiction of the City of Palo Alto and must be collected by someone who is a registered voter in the City of Palo Alto.
Regular Election
To qualify an initiative petition for a general municipal election, six (6) percent of the registered voter’s signatures registered during the last general municipal election are required to be affixed to the petition. (As of the November 2022 election, six (6) percent of 41,572 registered voters equals 2,495 signatures.)
Special Election
To qualify an initiative petition for a special election, twelve (12) percent of the registered voter’s signatures registered at the last general municipal election are required. (Twelve (12) percent of 41,572 registered voters equals 4,989 signatures.)
The City Attorney has determined that Palo Alto, as a chartered city, is exempt (as stated in Elections Code Section 9247) from compliance with Section 9212.
Referendum
To qualify a referendum petition for a special election (other than one which is consolidated with a general municipal election), six (6) percent of the registered voter’s signatures are required at the last general municipal election. (As of the November 2022 election, six (6) percent of 41,572 registered voters equals 2,495 signatures.)
5. Submit Signatures
Collected signatures need to be submitted to the Palo Alto City Clerk, who is the Election Official for the City. The Clerk will accept the petition for filing if, on its face, the petition includes signatures that equal or exceed the minimum number of signatures required.
6. Petition Determined Sufficient/Insufficient
Within fifteen (15) business days from the date of filing such petition, the Clerk shall ascertain if the petition is signed by the requisite number of electors entitled to vote and deem it Sufficient/Insufficient.
If the initiative or referendum petition is certified as sufficient, the petition will be submitted to the City Council “without delay” with recommendation to adopt or submit to an election of the voters.
7. Election
If a petition qualifies as a sufficient initiative or referendum, the City Council has the responsibility to either adopt the petition as presented, repeal the regulations as referred or submit the ordinance to the voters during the next regular election or a special election, at the cost of the City.
8. Effective Date
The initiative or referendum becomes effective ten (10) days after the date of the official canvass of the election results by the City Council.