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City of Irvine Personal Information Privacy Act (Measure S) Measure & Guidelines for Submittal of Arguments and Rebuttals (General Municipal Election - November 4, 2008)

10/13/2008

The "City of Irvine Personal Information Privacy Act," in the form of a ballot measure, (Measure S), if adopted by the voters, would protect individual privacy interests and guide the City in its determinations on a case-by-case basis whether to disclose or to withhold individuals’ personal information upon a public request for such information where the information is requested by the City for a limited specific purpose and with the representation that the information will be maintained in confidence.

 

The Elections Code states that when a measure is placed on the ballot by the City Council (as opposed to by petition), then the City Council as a body, or any member or members of the City Council authorized by the City Council, or any individual voter who is eligible to vote on the measure, or bona fide association of citizens, or any combination of voters and associations, may file a written argument for or against the measure.  Click here for additional information, requirements and deadlines for filing ballot arguments for the "City of Irvine Personal Information Privacy Act."

 

The State Elections Code provides for a 10-day public review period, during which any voter of the City of Irvine, or the City Clerk, may seek a writ of mandate or an injunction requiring any or all of the materials presented in the impartial analysis, ballot measure, or direct or rebuttal arguments to be amended or deleted.  A peremptory writ of mandate or an injunction shall be issued only upon clear and convincing proof that the material in question is false, misleading or inconsistent with the requirements of the Election Code, and that issuance of the writ or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law.  The writ of mandate or injunction request shall be filed no later than the last day of the respective 10-day public review period. 

 

The public review period for the impartial analysis, ballot measure and direct arguments is August 9 – 18, 2008. Click here to view Impartial Analysis and Direct Arguments.

 

The public review period for rebuttal arguments is August 19 – 28, 2008.  Click here to view Rebuttal Arguments.

Note: Because the City consolidates its election through the Orange County Registrar’s Office and must meet deadlines associated with printing and distribution of the sample ballot, any court action associated with a request for a writ of mandate or an injunction must be finalized by August 28, 2008 at 5:00 p.m. in order for the rebuttal argument to be included in the sample ballot pamphlet.