Stock art adorning the ‘Eureka Housing for All’ Facebook page.

As we wrote about a couple a days ago, tonight the Eureka City Council will officially acknowlege that the self-described “Housing for All” initiative, which seeks to stop housing development on downtown parking lots, received enough valid signatures to be placed on the ballot.

Since the petition received enough valid signatures, the City Council can do one of two things: Either pass the “Housing for All” initiative itself, or put it to the voters at the next municipal election.

But when is the next municipal election? Apparently “Housing for All” believes it to be in March 2024 — next year’s presidental primary. And they’re ready to sue the city to make that the case.

In a press release sent out a few minutes ago, the Housing for All people note what we noted: That the staff report associated with tonight’s item proposes to place the initiative on the November ballot, not the March ballot. And they call shenanigans. They write:

According to the Agenda Summary prepared by city staff, the Initiative would be placed on the November 5, 2024, ballot. According to the Elections Code, the city must place the Initiative on the March 5, 2024, ballot, the next statewide general (not just primary) election.

But what does the Election Code actually state? Election Code Section 1405(a), which the city relies on in its staff report, states this:

(a) Except as provided in subdivision (b), the election for a county initiative that qualifies pursuant to Section 9118 shall be held at the next statewide election occurring not less than 88 days after the date of the order of election. The election for a municipal or district initiative that qualifies pursuant to Section 9215 or 9310 shall be held at the jurisdiction’s next regular election occurring not less than 88 days after the date of the order of election.

The election for a municipal initiative that qualifies for the ballot shall be held at the jurisdiction’s next regular election. Local cities have their elections in the fall, always — that is when city council seats are up for election. There is nothing city-related at all on the spring ballot. 

Assistant City Attorney Bob Black confirmed to the Outpost this afternoon that this is the city’s understanding of the matter. It’s not just a meaningless distinction, either — cities contract with the county to run their elections, and they don’t have the power to just shove something on the ballot any time they like, or make the county run a snap election at the time of their choosing.

So unless the city’s understanding is very much mistaken — the courts will tell us, I guess! — it looks as though the “Housing for All” people misunderstood, this whole time, when they would be on the ballot, and are now ready to file suit in an attempt to make their misunderstanding reality. Wow!

Full press release from the Housing for All and Downtown Vitality Initiative below:

Mike Munson and Michelle Costantine-Blackwell, proponents of the City of Eureka Housing for All and Downtown Vitality Initiative, have filed suit against the city seeking judicial relief from the city’s apparent intent to improperly postpone an election on the Initiative until November 5, 2024. The lawsuit also alleges the city violated the Elections Code by failing to certify the Initiative at the City Council’s October 3, 2023, regular meeting.

The Housing for All Initiative has been placed on tonight’s City Council agenda. At tonight’s meeting, the council can take one of two actions: (1) adopt the ordinance directly or (2) submit the ordinance to voters. According to the Agenda Summary prepared by city staff, the Initiative would be placed on the November 5, 2024, ballot. According to the Elections Code, the city must place the Initiative on the March 5, 2024, ballot, the next statewide general (not just primary) election.

The Council can correct the mistakes and avoid needless litigation by voting tonight to adopt or place the Initiative on the March 5, 2024, ballot.

The petition can be found at eurekahousingforall2024.org.

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