Pubdate: Thu, 21 Jul 2011
Source: Chico Enterprise-Record (CA)
Copyright: Robert W. MacKenzie
Contact:  http://www.chicoer.com/
Details: http://www.mapinc.org/media/861
Note: Letters from newspaper's circulation area receive publishing priority
Author: Robert W. MacKenzie

SUPERVISORS HAVE OPTIONS ON REFERENDUM

Your June 29 editorial about the referendum on the county's medical 
marijuana cultivation ordinance could create the impression that the 
referendum petitions (over 12,000 signatures turned in) will require 
the Board of Supervisors to hold/pay for a special election. This is 
not the case.

This referendum, unlike Measure A, which did require the city of 
Chico to hold/pay for a special election, at a cost of $151,000, does 
not require that a special election be held. Elections Code section 
9145 provides: "If the board of supervisors does not entirely repeal 
the ordinance against which a (qualifying) petition is filed, the 
board shall submit the ordinance to the voters either at the next 
regularly scheduled county election occurring not less than 88 days 
after the date of the order, or at a special election called for that 
purpose not less than 88 days after the date of the order. The 
ordinance shall not become effective unless and until a majority of 
the voters voting on the ordinance vote in favor of it."

Accordingly, when the referendum qualifies, after signature 
verification, the Board of Supervisors can repeal the ordinance, 
hold/pay for a special election, or place the medical marijuana 
cultivation ordinance on the ballot for the June 2012 regular county 
election. It's the board's choice.

- - Robert W. MacKenzie, Chico
- ---
MAP posted-by: Keith Brilhart