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HomeElections CodeDiv. 9Ch. 3Art. 2§ 9238 Referendum Petition Requirements

§ 9238 Referendum Petition Requirements

Elections Code·California
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§ 9238 Referendum Petition Requirements

Key Takeaways

  • •If you want to challenge a new city rule, you can create a petition to let people vote on it.
  • •The petition must include the rule's number or name, and either the full rule or a short, fair summary of it.
  • •The city's lawyer checks the summary to make sure it's fair and not too long (no more than 5,000 words).
  • •You have 30 days to collect enough signatures after the summary is approved.

Example

The city council passes a new rule that says people can't park on the street overnight.

If you don't like this rule, you can start a petition to let everyone in the city vote on it. You write a short, fair summary of the rule and give it to the city's lawyer. If the lawyer approves it, you have 30 days to get enough signatures from people who agree that the rule should be voted on.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 9238 Referendum Petition Requirements

(a) Across the top of each page of the referendum petition there shall be printed the following: “Referendum Against an Ordinance Passed by the City Council” (b) Each section of the referendum petition shall contain all of the following: (1) The identifying number or title of the ordinance. (2) Either of the following: (A) The text of the ordinance or the portion of the ordinance that is the subject of the referendum. (B) An impartial summary of the referendum not to exceed 5,000 words prepared pursuant to the following procedure: (i) Within three business days of the final passage of the ordinance, the referendum’s proponents shall file a copy of the proposed summary with the local elections official, who shall immediately transmit a copy of the proposed summary to the city attorney. (ii) Within 10 business days the city attorney shall issue an approved summary to the local elections official and the referendum’s proponents for circulation. The city attorney may edit the summary prior to approval. All edits made to the summary shall be true and impartial and shall not contain argument or any matter likely to cause prejudice for or against the referendum. The city attorney may add the full text of the ordinance, or the portion of the ordinance that is the subject of the referendum, to the summary if doing so would not exceed the 5,000-word limit. (iii) The summary shall include a link to a public website containing the text of the ordinance or the portion of the ordinance that is the subject of the referendum. (iv) The 5,000 word limit imposed by this subparagraph shall include all attachments, exhibits, and other supplements to the summary. (v) If the city attorney fails to issue an approved summary within 10 business days, the proposed summary submitted by the proponents shall be considered approved. (vi) Notwithstanding Section 9235, proponents who circulate a referendum petition pursuant to this subparagraph shall have 30 days from the date the summary is approved to submit a petition with the required number of signatures to the local elections official. The ordinance subject to the referendum petition shall not become effective until this period has expired. (C) After the proponents begin circulating a referendum petition prepared pursuant to subparagraph (A) or (B), the proponents shall not circulate another version of the referendum petition prepared using the other method. (c) The petition sections shall be designed in the same form as specified in Section 9020. (d) Each section of the referendum petition shall have attached thereto the declaration of the person soliciting the signatures. This declaration shall be substantially in the same form as set forth in Section 9022. (Amended by Stats. 2019, Ch. 567, Sec. 1. (SB 359) Effective January 1, 2020.)

Last verified: January 23, 2026

Key Terms

ordinancepetitionportreferendum againstcity councilcirculationargument

Related Statutes

  • § 9147 Referendum Petition Requirements
  • § 11220 Recall Petition Filing Deadlines
  • § 9203 Ballot Measure Title Process
  • § 9205 Publication Of Ballot Measure Notice
  • § 9212 Initiative Measure Agency Review

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 9238.
View Official Source