Opinion No. (1999)

BILL LOCKYER Attorney General CLAYTON P. ROCHE Deputy Attorney General THE HONORABLE WILLIAM B. CONNERS, CITY PROSECUTOR, CITY OF MONTEREY, has requested an opinion on the following questions: 1. In light of the United States Supreme Court's recent decision in Buckley v. American Law Foundation, Inc., is Elections Code section 9209 unconstitutional in requiring circulators of initiative petitions to declare that they are voters of the city? 2. Must circulators of a city initiative petition declare that they are city residents? CONCLUSIONS 1. In light of the United States Supreme Court's recent decision in Buckley v. American Law Foundation, Inc., Election Code section 9209 is unconstitutional in requiring circulators of petitions to declare that they are voters of the city. 2. Circulators of a city initiative petition need not declare that they are city residents. ANALYSIS The Legislature has enacted a comprehensive statutory scheme (Elec. Code, §§ 9200 - 9295 ) 1 governing municipal elections, including the approval of initiative measures submitted by the electorate (§§ 9200 - 9226 ; see Cal. Const., art. II , § 11 ). A city initiative measure is a…