Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Michael P. Callagy, County Executive
John D. Nibbelin, County Attorney
Subject: Election on Proposed Amendments to the San Mateo County Charter
RECOMMENDATION:
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Introduction of an ordinance calling for and proclaiming a special election to be held on November 3, 2026 throughout the County of San Mateo for the purpose of voting upon amendments to the San Mateo County Charter, and waive the reading of the ordinance in its entirety, regarding:
A) Adding to the Charter Preamble a policy statement on resilience to extreme weather events; and
B) Adding to the Charter Preamble a policy statement affirming the County’s commitment to the dignity, civil rights, and equal protection of all County residents; and
C) Amending Section 415 of the County Charter to extend the period in which the County Board of Supervisors is required to either call a special election or make an appointment in the event of a vacancy in an elected office other than the Board of Supervisors from 30 days to 60 days, and to require the Board to conduct at least one public meeting to receive public comment prior to any appointment; and
D) Amending Section 202 of the County Charter and adding a new Section 202.1 to the County Charter to require that supervisorial districts be reapportioned following each federal decennial census by an independent redistricting commission pursuant to applicable provisions of the California Elections Code, and requesting that the election be consolidated with any and all other elections to be held on November 3, 2026.
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BACKGROUND:
The County is one of 15 charter counties in California and has adopted the San Mateo County Charter (Charter), which was originally ratified by San Mateo County voters in 1932. Section 801 of the Charter provides that, at least every eight years, the Board of Supervisors shall convene a charter review committee and that the committee “shall review the charter and, after public hearings, make appropriate recommendations for amendment or revision to the charter.”
The Board took action on December 9, 2025 and January 13, 2026 to establish and appoint members to the 2026 Charter Review Committee (Committee). The Committee met eight times over several weeks and developed recommendations for amendments/revisions to the County Charter. The Committee presented its report setting forth recommendations (Report) to the Board of Supervisors at its meeting of May 5, 2026.
The Report set forth six recommendations for amendments/revisions to the Charter and the Board directed staff to prepare an ordinance and other appropriate and necessary materials to present four of the recommendations to San Mateo County voters at the November 3, 2026 election. The four recommended Charter amendments (“Measures”) are the following:
1) Amend the Charter Preamble to add a policy statement on resilience to extreme weather events;
2) Amend the Charter Preamble to add a policy statement affirming the County’s commitment to the dignity, civil rights, and equal protection of all County residents;
3) Amend Section 415 of the Charter to extend the period in which the County Board of Supervisors is required to either call a special election or make an appointment in the event of a vacancy in an elected office other than the Board of Supervisors from 30 days to 60 days, and to require the Board to conduct at least one public meeting to receive public comment prior to any appointment; and
4) Amend Section 202 of the Charter and add a new Section 202.1 to the Charter to require that supervisorial districts be reapportioned following each federal decennial census by an independent redistricting commission pursuant to applicable provisions of the California Elections Code.
DISCUSSION:
First Measure: The form of the ballot question for the first Measure is as follows:
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COUNTY CHARTER AMENDMENT Shall the San Mateo County Charter be amended to add a provision to the Charter Preamble designating long-term resilience to extreme weather events as a County priority? YES _____ NO ______ |
The Measure, if approved by voters, would amend the Charter Preamble to add a new paragraph to read as follows:
Preamble.
It shall be the policy of San Mateo County that long-term resilience against extreme weather events - including fire, flood, wind, rain, heat, drought, and sea level rise - is a County priority, to be undertaken collaboratively with cities, district, and other public entities.
Second Measure: The form of the ballot question for the second Measure is as follows:
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COUNTY CHARTER AMENDMENT Shall the San Mateo County Charter be amended to add a provision to the Charter Preamble affirming the County’s commitment to the dignity, civil rights, and equal protection of all County residents? YES _____ NO ______ |
The Measure, if approved by voters, would amend the Charter Preamble to add a new paragraph to read as follows:
Preamble.
The County of San Mateo affirms its commitment to the dignity, civil rights, and equal protection of all County residents in a manner that promotes equity, fairness, inclusion, belonging, accessibility, and opportunity.
Third Measure: The form of the ballot question for the third Measure is as follows:
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COUNTY CHARTER AMENDMENT Shall the San Mateo County Charter be amended to extend the period in which the County Board of Supervisors is required to either call a special election or make an appointment in the event of a vacancy in an elected office other than the Board of Supervisors from 30 days to 60 days, and to require the Board to conduct at least one public meeting to receive public comment prior to any appointment? YES _____ NO ______ |
The Measure, if approved by voters, would amend and replace in its entirety the first paragraph of Section 415 of Article IV of the Charter, to read as follows:
415. Vacancies
The Board of Supervisors shall provide for public notice of vacancies on boards and commissions and of the method by which citizens may apply for appointments. If a vacancy occurs in an elective office other than the Board of Supervisors, the Board shall within 3060 days of the effective date of the vacancy, either make an appointment or order the calling of a special election to fill the vacancy. In the event that the Board elects to make an appointment, the Board shall hold at least one noticed, public meeting for the purpose of receiving public comment regarding the appointment and qualifications of potential candidates. If the Board does not make an appointment or call a special election within 3060 days, the county officer responsible for conducting county elections shall immediately order a special election to be called to fill the vacancy. The appointee shall hold office for the remainder of the term. For purposes of this section, the special election may be conducted as an all-mailed ballot election, at the discretion of the Board or the county officer responsible for conducting elections, as applicable.
Fourth Measure: The form of the ballot question for the fourth Measure is as follows:
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COUNTY CHARTER AMENDMENT Shall the San Mateo County Charter be amended to require that supervisorial districts be reapportioned following each federal decennial census by an independent redistricting commission pursuant to applicable provisions of the California Elections Code? YES _____ NO ______ |
The Measure, if approved by voters, would amend and replace in its entirety Section 202 of Article II of the Charter, to read as follows:
202. Election
Supervisors are elected by district. The five supervisorial districts shall be apportioned by ordinance pursuant to general law.
Candidates for the office of Supervisor shall be electors in the district which they seek to represent. If a Supervisor ceases to reside in that district, the seat becomes vacant.
Except as otherwise provided in this Charter, Supervisors shall be nominated and elected pursuant to general law for a term of four years. Supervisors shall not be eligible for election to nor serve more than three consecutive terms in office.
Further, the Measure, if approved by voters, would add Section 201.1 to Article II of the Charter to read as follows:
202.1. Independent Redistricting Commission
The five supervisorial districts of the County shall be reapportioned in the manner specified in general law by an independent redistricting commission, as defined in and governed by applicable provisions of the California Elections Code.
Each Measure may be voted on separately without prejudice to the other Measures and each Measure will become effective only if submitted to the voters at the Countywide special election on November 3, 2026, and only after approval by a majority (i.e., 50% + 1) of the qualified voters voting in the special election. If a Measure passes, the Charter amendment proposed by the Measure will take effect as provided for in Government Code Sections 23713 and 23714.
Two alternative ordinances calling for the election on the Charter amendments have been prepared for the Board’s consideration. One presents the Charter amendments as four separate Measures, as outlined above. The second ordinance consolidates the first and second measures, both of which add policy statements to the Charter Preamble, into a single Measure that would be presented to the voters along with the third and fourth Measures, for a total of three separate Measures.
Elections Code Section 12001 provides that “[f]or a special local election, the governing body of the local agency shall issue a proclamation or a resolution calling the election.” Thus, the Ordinance includes a proclamation calling the special election on the Measures. The Ordinance also requests that the special election on the Measures be consolidated with any and all other elections to be held on November 3, 2026, and includes all election-related procedures required by law.
Unlike most other ordinances, which take effect after 30 days, the Ordinance, if adopted by the Board, would take effect immediately upon adoption. (Gov. Code, § 25123; Elec. Code, § 9141.)
In the abundance of caution, a Resolution calling and proclaiming the special election, requesting that it be consolidated with any other elections on November 3, 2026, and requesting services of the County’s Chief Election’s Officer will also be prepared and presented for the Board’s approval upon the second reading/adoption of the Ordinance.
The County Attorney’s Office has reviewed and approved as to form the Ordinance.
FISCAL IMPACT:
The fiscal impact associated with the Ordinance is currently unknown, but the County would be responsible for the costs of all services performed by the County’s Chief Elections Officer related to consolidating the special election on the Measures with the general election to be held November 3, 2026, which costs could exceed $1,000,000.