Measures - Guidelines

General rules

• Each primary argument must be filed with an Argument Submission Form, and an Argument Signature Form.
• No more than five signers for any argument.
• If representing an organization, association, or governing body, filers and signers must have written authorization on letterhead signed by at least one of its principal officers or members and submitted with the argument.
• Names and titles will appear in the Voter Information Pamphlet exactly as written on the Argument Signature Form.
• Primary arguments are limited to 300 words.
• Filers or signers are not required to sign the hard copy argument but must sign the Argument Signature Form which meets the ‘accompanying’ requirement as stated in the Election Code.

Primary argument filers must be either

• A governing body, authorized members of the governing body, or an authorized representative,
• The individual voter, or bona fide association of citizens, or combination of both who are the bona fide proponents or sponsors of the measure,
• Bona fide association of citizens,
• Individual voters who are eligible to vote on the measure.

If one or no primary argument for or against

If one or no primary argument for or against a measure is filed, there can be no rebuttal argument. A statement will be printed in the sample ballot that no argument(s) (for or against) the measure were filed.

If two or more primary arguments

If two or more primary arguments for or against a measure are filed, the Registrar will choose one based on the order of precedence for choosing arguments per Election Codes 9166 or 9503. If all factors are equal the Registrar will choose the argument with the earliest ‘Received’ stamp date.

Copies of the opposing primary arguments

Copies of the opposing primary arguments will be sent promptly by email to the opposing filer(s) after each deadline.

General rules

• Each rebuttal argument must be filed with an Argument Submission Form, an Argument Signature Form, and a Rebuttal Argument Authorization Form if applicable.
• The filer(s) of the primary argument for or against the measure may designate any other person(s) to prepare and submit a rebuttal argument. The Rebuttal Argument Authorization Form, Argument Signature Form, and Argument Submission Form must be submitted with the rebuttal argument.
• No more than five signers for any rebuttal argument. Names and titles will appear in the Voter Information Pamphlet exactly as written on the Argument Signature Form.
• If representing an organization, association, or governing body, filers and signers must have written authorization on letterhead signed by at least one of its principal officers or officials and submitted with the argument.
• Rebuttals are limited to 250 words.

Who can author rebuttal arguments?

The original filer(s) or anyone they designate on the Rebuttal Argument Authorization Form may prepare the rebuttal. The new filer(s) and signer(s) are not required to be registered voters or live in the district but are required to complete the Argument Submission Form, and Argument Signature Form.

City/Town measures

You must contact the appropriate City/Town Clerk’s office. Arguments/rebuttals for City/Town measures must be filed only with the City/Town Clerk’s office, and may have different required deadlines and procedures.

County, school & district measures

File arguments and rebuttals with the Elections Department at the Marin Civic Center, Room 121, San Rafael, by the deadline dates.

• Arguments/rebuttals must be filed with applicable forms included in this guide.
• There is no timeframe outlined in the Elections Code as to the earliest date a primary argument can be submitted.
• No more than five signers for any rebuttal argument. Names and titles will appear in the Voter Information Pamphlet exactly as written on the Argument Signature Form.
• The argument filer (the author) is responsible for compiling and submitting all documents required by the Elections Department.
• Anyone designated by the argument filer can deliver the argument to the Elections Department.

You may file your signed argument & rebuttal documents in person, by mail, fax or email. If by fax or email, original signatures must be submitted within 48 hours of receipt otherwise the arguments will not be accepted.

Measure documents cannot be released to the public by this office prior to any filing deadline. A 10-day (calendar days) public review period of any measure-related document will begin on the day after a specific filing deadline. Any legal challenges must be filed within the 10-day public review period. Election Code §9190

Proponents of arguments for or against a measure may in writing withdraw those arguments any time prior to and including the deadline date fixed for filing arguments. Election Code §9601

Filer

The Filer of any argument is the author and is responsible for compiling and submitting all documents related to the argument. The Filer is not required to be the signer of an argument and can allow others to sign in their place if authorization is in writing on entity letterhead. There may be more than one Filer, each completing the required forms. The Filer need not be a registered voter in the district if representing an organization, association, or governing body but must have written authorization on letterhead signed by at least one of its principal officers or members.

Signer(s)

The SIGNER(S) may or may not be the author of the argument. The SIGNER need not be
a registered voter, or reside in the district. If representing an organization, association, or
governing body, the SIGNER must have written authorization on letterhead signed by at
least one of its principal officers or members if representing an organization or
association.

Bona Fide Association of Citizens

A Bona Fide Association of Citizens is a recognized group of citizens bound together by a common interest or cause. The Elections Department must consider several factors when determining the group’s qualifications and may request certain types of documentation such as regular meeting minutes/agendas, bylaws, a current and active website, or other bona fide information. The names of the association’s authorizing principal officers and officials must be listed in some of the requested documentation.