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A candidate for the office of Mayor, Councilmember, Auditor, Rent Stabilization Board Commissioner, or School Board Director may submit a petition containing signatures of registered voters in lieu of the filing fee as set forth in this section.

A. For all City offices the filing fee is one hundred fifty dollars ($150.00). Each valid signature of a registered voter contained on a signature in lieu of filing fee petition shall offset one dollar ($1.00) of the filing fee.

B. Any such submission of signatures in lieu of filing fees shall be in addition to the signatures otherwise required by the State of California Election Code to nominate a candidate, but may be of voters registered anywhere in the City.

C. A voter may sign both a candidate’s nomination papers and their in lieu of filing fee petition.

D. The City Clerk shall furnish to each candidate, upon request, and without charge, signature in lieu of filing fee petition forms for securing signatures. The number of forms which the City Clerk shall furnish a candidate shall be a quantity that provides the candidate with spaces for enough signatures to allow the full offset of the filing fee, subject to subsection H of this section.

1. The City Clerk, rather than provide the candidate with the number of forms set forth in the preceding sentence, or upon the request of a candidate, may provide the candidate with a master form that may be duplicated by the candidate at the candidate’s expense for the purpose of circulating additional petitions.

2. A candidate may authorize another person to obtain the signature in lieu of filing fee petition on their behalf. Such authorization must be in writing, must name the designated person by name (first and last), and must be signed by the candidate with an original signature only; no electronic or copied signatures are permitted.

3. Each in lieu petition form shall include spaces for the voter’s signature, printed name and residence address. The residence shall include street and number in the City of Berkeley, or other adequate designation of residence so that the location may be readily ascertained. Across the top of each printed page there shall be printed in at least twelve (12) point boldface type the following: “Petition in Lieu of Candidate Filing Fee.” The City Clerk shall complete information on the petition form that identifies the candidate, the office sought, and the date of the election, prior to releasing the form to the candidate or their representative for signature gathering. Each petition section shall bear an affidavit signed by the circulator, in substantially the same form as set forth in the Elections Code. The City Clerk or designee shall sign and date the original petition form issued to the candidate.

E. All forms shall be made available commencing forty-five (45) days before the first day for circulating nomination papers.

1. In the event that the City Council orders a special election to be held to fill a vacancy or as the result of a successful recall petition, and the order is issued less than forty-five (45) days prior to start of the nomination period for said election, the signature in lieu forms shall be made available within five working days after the date the City Council orders the election.

F. No other form except the form furnished by the City Clerk, bearing the signature and date imprinted by the Clerk, or forms duplicated from a master form issued by the City Clerk, shall be used to secure signatures.

G. The substitution of signatures for fees shall be subject to the following provisions:

1. If a voter signs more candidates’ petitions than there are offices to be filled, the voter’s signatures shall be valid only on those petitions which, taken in the order they were filed, do not exceed the number of offices to be filled.

2. In lieu filing fee petitions shall be filed at least fifteen (15) days prior to the close of the nomination period. All petition sections must be filed at one time. In lieu filing fee petitions shall not be accepted after the nomination papers for that candidate have been filed. Within ten (10) days after receipt of a petition, the elections official shall notify the candidate of any deficiency. The candidate shall then, prior to the close of the nomination period, either submit a supplemental petition, or pay a pro rata portion of the filing fee to cover the deficiency. Signatures on the supplemental petition may only be used to offset deficient signatures in the original petition and may not be used to further offset the filing fee. Only one supplemental petition shall be issued by the City Clerk. Any deficiency found in the supplemental petition must be paid by cash or check prior to the close of the nomination period.

3. Circulators of in lieu filing fee petitions shall be residents of the City of Berkeley and be qualified to register to vote in the City of Berkeley.

H. Each candidate may submit as many signatures as they wish to allow for subsequent losses due to invalidity of some signatures. The elections official shall not be required to determine the validity of a greater number of signatures than that required by this section.

I. All provisions of this section are applicable to write-in candidates for City elective offices. (Ord. 7112-NS § 1, 2009)