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HomeGovernment CodeDiv. 3Pt. 1§ 36502 City Officeholder Residency Requirements

§ 36502 City Officeholder Residency Requirements

Government Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 36502 City Officeholder Residency Requirements

Key Takeaways

  • •To be a councilmember, city clerk, or city treasurer, you must be a registered voter in the city when you start the job and when you sign up to run.
  • •If you move out of the city or stop being a voter while in office, you lose your job immediately.
  • •The city can decide to limit how many times someone can be on the city council or be mayor, but the voters must agree in an election.
  • •If the city already had term limits before 1996, those rules stay unless the city changes them.

Example

A person runs for city council and wins. After a year, they move to a nearby town outside the city.

As soon as they move out of the city, they can no longer be on the city council. Their position becomes empty, and the city will need to find someone else to take over.

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

Official Source
View on CA.gov

§ 36502 City Officeholder Residency Requirements

(a) A person is not eligible to hold office as councilmember, city clerk, or city treasurer unless he or she is at the time of assuming the office an elector of the city, and was a registered voter of the city at the time nomination papers are issued to the candidate as provided for in Section 10227 of the Elections Code. If, during his or her term of office, he or she moves his or her place of residence outside of the city limits or ceases to be an elector of the city, his or her office shall immediately become vacant. (b) Notwithstanding any other provision of law, the city council of a general law or charter city may adopt or the residents of the city may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve. Any proposal to limit the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall apply prospectively only and shall not become operative unless it is submitted to the electors of the city at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal. Notwithstanding the provisions of this subdivision, the provisions of any city charter that, on January 1, 1996, impose limitations on the number of terms a member of the city council may serve on the city council, or the number of terms an elected mayor may serve, shall remain in effect. Unless otherwise prohibited by a city charter, any city charter may be amended pursuant to this section or pursuant to the procedures specified in the charter, to include the limitation authorized in this subdivision. (Amended by Stats. 1995, Ch. 432, Sec. 5. Effective January 1, 1996.)

Last verified: January 22, 2026

Key Terms

adoptionelectionpositionnominationresidencemajorityquestionlimitation

Related Statutes

  • § 25000 County Supervisor Term Limits
  • § 26980 County Finance Director Establishment
  • § 34902 Mayor Election And Vacancies
  • § 36502.5 Tustin Council Term Limits
  • § 53077 District Term Limits

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 36502.
View Official Source