The Sabatino Report

INITIATIVE MEASURE TO BE
SUBMITTED DIRECTLY TO THE VOTERS 

 

SECTION ONE: Declaration
of Findings and Intent 

1. This initiative
   shall be known as the “Election Reform Act of 2007.”

2. The stated intent
   of the initiative is to reform the City of Modesto’s election system
   by creating city council districts that will make elected officials
   more accountable to the citizens they serve, and reduce the impact of
   special interest money on elections.

The stated intent of the initiative
is reform the City of Modesto's election system by forming six (6) representative
districts.

SECTION TWO: Charter Amendments

SECTION 501  MANNER OF ELECTION

The mayor shall be elected
from the city at large at the times and in the manner provided in this
charter. The council members shall be elected by district at the times
and in the manner provided by this charter.

SECTION 503  DESIGNATIONS OF
COUNCILMEMBERS FOR ELECTION 

As to council members there
shall be deemed to be six (6) separate offices to be filled, one of
which shall be designated as District 1, another as District 2, another
as District 3, another as District 4, another as District 5, and another
as District 6. The city clerk pursuant to Section 700 of this Charter
has previously designated the six (6) separate councilmember offices
as chairs 1 through 6 when the city clerk initially establishes district
boundaries pursuant to Section 505 of this charter, the council member
previously elected to a numerically designated chair shall be deemed
to be the representative of the district with the same numerical designation.
No candidate shall file for more than one (1) elective office. Such
designation shall be used on all nomination papers, certificates of
election and all election papers referring to the office.

SECTION 504: TERM OF OFFICE.

1. Except as otherwise
   provided in this charter, the terms of elective offices shall be four
   (4) years.

2. In 2009 and every
   fourth (4th) year thereafter, the offices of council members
   designated as District 2, District 4, and District 5 shall be filled
   at the general municipal election held in November, or at such other
   time as provided in this charter. In 2011 and every fourth (4th)
   year thereafter, the offices of mayor and council members designated
   as District 1, District 3, and District 6 shall be filled at the general
   municipal election held in November, or at such other time as provided
   in this charter.

SECTION 505: ELIGIBILITY, DISTRICT
ELECTIONS

1. Commencing with
   the 2009 general municipal election, no person shall be eligible to
   hold elective office as a council member unless that person is, and
   has been for a period of at least one hundred and thirty (180) immediately
   preceding the filing of nomination papers for such office or appointment
   to such office, a resident within the council district corresponding
   in number to the office to which that person is elected or appointed.
   Each council member shall, during the 2009 general municipal election;
   the incumbents in District 2, 4, and 5 shall be subject to the residency
   requirements of this section.

2. The initial boundaries
   of such districts shall be determined by the city clerk no later than
   July 1, 2008 and shall be redetermined by the City Clerk not later than
   one hundred eighty (180) days following the publication of each federal
   census thereafter. The city clerk recommendations shall be subject to
   judicial review. The district boundaries shall be determined or redetermined
   in conformance with the following standards:

1. The territory comprising
   each District shall be contiguous and as nearly compact in shape as
   possible.

2. The district should
   be as nearly equal in population as possible according to the latest
   Federal Decennial Census.

3. District boundaries
   shall not cross census tract lines, except to the extent necessary to
   ensure that the districts are as nearly equal in population as may be
   according to the latest Federal Decennial Census.

4. The six (6) districts
   shall be formed by dividing the City into six (6) geographic areas that
   split the city evenly into thirds from west to east, and again in half
   from north to south, thereby creating a northwestern, Midwestern, southwestern,
   northeastern, mid-eastern, and southeastern districts, consistent with
   the other standards listed below.

5. Consistent with
   Section 505 (d) above, District 1 shall be composed of the Northwestern-most
   census tracts in the city that contain one-sixth of the population of
   the city. For purposes of this section, a census tract shall be considered
   to be to the northwest of other census tracts if it contains any area
   that is farther to the north and the west than all areas contained within
   the other census tracts. In the event that two or more census tracts
   are equally northern by this definition, the city clerk shall select
   the western-most Census tract.

6. Consistent with
   Section 505 (d) above, District 2 shall be composed of the Northeastern-most
   census tracts in the city that contain one-sixth of the population of
   the city.

7. Consistent with
   Section 505 (d) above, District 3 shall be composed of the mid-western
   most census tracts in the city that contains one-sixth of the population
   of the city.           

8. Consistent with
   Section 505 (d) above, District 4 shall be composed of the mid-eastern
   most census tracts in the city that contains one-sixth of the population
   of the city.

9. Consistent with
   Section 505 (d) above, District 5 shall be composed of the Southwestern-most
   census tracts in the city that contain one-sixth of the population of
   the city.

10. Consistent with
    Section 505 (d) above, District 6 shall be composed of the southeastern-most
    census tracts in the city that contain one-sixth of the population of
    the city.

11. If at any time
    between each Federal Decennial Census, the city annexes territory, the
    city clerk shall adjust the boundaries of any or all the districts of
    the city so that the districts shall be nearly equal in population as
    may be according to the latest Federal Decennial Census.

SECTION THREE:   
Severability 

If any provision of this measure
or the application thereof to any person or circumstances is held invalid,
that invalidity shall not affect other provisions or application and
to this end the provisions are severable.