Item 17 - Review of Proposed Charter Amendments

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WHEREAS, arguments can be made that the California constitution gives charter cities the power to allow non -citizen residents to vote in local elections; and WHEREAS, on September 19, 2023, Councilmembers Hernandez and Vazquez brought forth a councilmember request for consideration of proposing a ballot measure to the voters regarding noncitizen voting in municipal elections; WHEREAS, on October 17, 2023, the City Council voted to direct staff to prepare the ballot measure items to place the ballot measure before the voters at the November 5, 2024 election; WHEREAS, on November 7, 2023, the City Council approved Resolution No. 2023-075 giving notice of a general municipal election to be held in the City of Santa Ana on November 5, 2024 for the submission of a ballot measure to the qualified voters asking if the City of Santa Ana should permit noncitizen voting in all City municipal elections; WHEREAS, the City Council desires to make changes to the ballot question set forth in Resolution No. 2023-075; WHEREAS, pursuant to California Elections Code section 9255, the City Council is authorized to submit this question to the voters at the November 5, 2024 General Municipal Election; and WHEREAS, the City Council desires to consolidate the General Municipal Election for the measure described herein with the Statewide General Election to be held on November 5, 2024. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The foregoing recitals are true and correct and are hereby incorporated by reference. Section 2 Pursuant to the California Elections Code, and any other applicable requirements of the laws of the State of California relating to charter cities, the City Council, by majority vote, hereby calls and orders to be held in the City of Santa Ana on Tuesday, November 5, 2024, a General Municipal Elections for the purpose of submitting the ballot measure question to the qualified voters of the City of Santa Ana. Section 3. The California Elections Code directs that the City Council approve the form of the ballot question to be submitted to the voters and the City of Santa Ana desires, on its own motion, to submit to the voters a question of whether to permit noncitizens to vote in all municipal elections at which municipal officers are elected, ballot measures are considered, and initiatives and referenda are proposed, at the General Municipal Election to be held on Tuesday, November 5, 2024. Resolution No. 2024-XXX Page 2 of 6