STAFF REPORT. Kelsey Rogers, City Clerk/Administrative Analyst

Transcription

1 STAFF REPORT TO: FROM: Mayor and City Council Kelsey Rogers, City Clerk/Administrative Analyst SUBJECT: Calling the November 3, 2015 General Municipal Election and Authorizing the County of Marin to Conduct Election Services MEETING DATE: May 4, Issue: Consideration of a Resolution calling the November 3, 2015 General Municipal 2 Election, requesting the County of Marin Board of Supervisors consolidate with any 3 other election conducted on said date, and requesting election services by the County 4 Clerk. 5 6 Recommendation: Adopt Resolution No. 15-_. 7 8 Background: California Government Code Section and California Elections 9 Code Section 1000(d) provide that a regular municipal election may be conducted on 10 November 3, Discussion: Sections and of the California Elections Code (Attachment 13 No.2) provide that the City Council may request the County of Marin Board of 14 Supervisors to permit the County Elections Official to render specified services relating 15 to the conduct of the election on a reimbursable basis. The County of Marin has the 16 resources to conduct an election for all special districts and local municipalities in the 17 most cost-effective manner, and has routinely provided Mill Valley with this service in 18 the past With the adoption of the proposed Resolution, the City Council will determine that a 21 General Municipal Election will be held within the City of Mill Valley on the third day 22 of November, 2015, for the purpose of electing three full-term members of the Council 23 ("full term" being four years). No other offices shall be filed at said election ITEM 2

2 City Council Staff Report November 3, 2015 General Municipal Election May 4, The nomination period for the November 3, 2015 General Municipal Election opens on 26 July 13,2015 and closes August 7,2015. If an incumbent does not file by the August 7 th 27 deadline, the nomination period is extended to August 12, It is important to note that even with County of Marin consolidation services, all Mill 30 Valley City Council candidates pick up and file their nomination paperwork with the 31 Mill Valley City Clerk at City Hall (26 Corte Madera Avenue, Mill Valley, CA). More 32 election information will be provided at City Hall and on the City's website 33 ( as deadlines approach, however an approximate calendar of 34 events is included for review in Attachment 3 of this report Fiscal Impact: The approved budget for the 2015 General Municipal Election is 37 $19,000, excluding City staff time Interested parties who wish to file Nomination Papers during the July 13 - August 7, Nomination Period will be required to submit a payment of $25 dollars to the City 41 as a filing fee. They will also be charged $217 if they wish to have a Candidate 42 Statement appear in the ballot. The Candidate Statement fee will be included in the 43 consolidation service fees the City remits to the County of Marin at the end of the year Attachments: 1. Draft Resolution California Election Code Sections and November 3, 2015 General Municipal Election calendar of events 2

3 RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILL VALLEY CALLING A GENERAL MUNICIPAL ELECTION ON NOVEMBER 3, 2015, REQUESTING THE COUNTY OF MARIN BOARD OF SUPERVISORS CONSOLIDATE WITH ANY OTHER ELECTION CONDUCTED ON SAID DATE, AND REQUESTING ELECTION SERVICES BY THE COUNTY ELECTION OFFICIAL WHEREAS, California Government Code ~S ffil)lt~n and California Elections Code Section 1OOO(d) provide that a Ge~ 'tulmunicipal Election may be conducted on November 3, 2015; and, 111,11 II, WHERE~, Sectio~ and 1000~~ I I ~f J lllilii!ifomia Election~ Code provides that the CIty Council may request ~.~ll~punty of M~lftoardof Supervisors to permit the County Elections Official to r~ii" ~~ specified service~i Mfilp.ting to the conduct ofthe election on a reimbursable basis. '1 1,', I lllll~ Ihl. '~" I II DECL~'ri': THEREFORE ; I I I~ II IS HERlijffjil lrplved. 0 '.'I!frDAND 111 I. It is the determination '~I~~ I~llNhcounCi1 k~ ll11:e City of Mill Valley that a consolidated General MijffiFipJttl~leot'on be ij~jff within the City of Mill Valley o~j~'i~rd day of ~?lvemb~ji I ~M~ for tul~i J?urpo se of electing three full-te~' I I~di\ill' 19Mlir) membei~ I~f,'IIl~ rqpiunfli1. To date, no measure shall l! \ l lll ~' '1 ll II II ' II be SUll, med to the II~ters at Salli i ii~ " on and no other offices shall be filled. 2. The Boar~ l l«fi SU. ' liill1lrn of the illreunty of Marin is hereby requested to ~.m«Mft~te sid~ti~ Ftio~ I~~ If\P.Y dtltrtapplicable elec~ion cond~cted on the I' II III the foll0witlil I (Cll!1~~irvices rblat'ingto the conduct ofsaid election: same a"~i1tpa d WI! lup'onze anhllfttffict'the County ElectIon Official to render vot~~ JP.dexeslllllll ven~nn lion ofsignatures IIIIIII IIIIII Vot~~ fi fl~t by ~recinct IIII IIIIII R~~ &~pol1ing places ilm»:' gofmeasures and arguments ~Ymg ofsample and official ballots Appointment and notification ofelection officers Mailing ofsample ballots and polling place notification Precinct supplies Training ofprecinct workers Processing ofvote by Mail ballots Central counting Canvass ofvotes cast 1 ATTACHMF,NT 1

4 Resolution No. 15 Page 2 of2 49 It shall be further requested that the Board of Supervisors requests the County 50 Election Department to take any and all steps necessary for the holding ofthe 51 consolidated election The polls shall be open from 7:00 a.m. to 8:00 p.m. on the day ofthe election The City ofmill Valley recognizes that additional costs will be incurred by 56 the County by reason ofthis consolidation and agrees to reimburse the County 57 for those costs The City Clerk is hereby directed to file a copy of this resolution with the 60 County of Marin Board of Supervisors and the County of Marin Election 61 Department PASSED AND ADOPTED at a meeting ofthe City Council ofthe City of Mill Valley, 64 the County of Marin, State of California, on this 4 th day of May, 2015, by the following vote: 67 AYES: 68 NOES: 69 ABSENT: 70 ABSTAIN: Kenneth R. Wachtel, Mayor 77 ATTEST: Kelsey Rogers, City Clerk!Administrative Analyst

5 CA Codes(elec: ) Page 1 of2 ELECTIONS CODE SECTION Every person is entitled to vote at a local, special, or consolidated election who is registered in anyone of the precincts which compose the local, special, or consolidated election precincts, in accordance with this code Except as otherwise specifically provided by law, all statewide special elections shall be called, conducted, and canvassed as provided by this code for the calling, conducting, and canvassing of general elections The governing body of any city or district may by resolution request the board of supervisors of the county to permit the county elections official to render specified services to the city or district relating to the conduct of an election. Subject to approval of the board of supervisors, these services shall be performed by the county elections official. The resolution of the governing body of the city or district shall specify the services requested. Any city that requests the board of supervisors to permit the elections official to prepare the city's election materials shall, if the board of supervisors agrees to provide such services, supply the county elections official with a list of its precincts, or consolidated precincts, as applicable, no later than 61 days before the election. Unless other arrangements satisfactory to the county have been made, the city or district shall reimburse the county in full for the services performed upon presentation of a bill to the city or district A county may by ordinance or resolution limit campaign contributions in county elections If the governing body of any special district fails to call or to take any other steps necessary to the holding of the regular district election at which any member or members of the governing body of the district are to be selected, the board of supervisors of the county in which the district is located, upon being notified of this fact by any voter in the district, may call a special election within the district for the selection of the governing board member or members involved. The election shall be held not later than 90 days after it is called by the board of supervisors, and shall be conducted in the same manner as the regular district election. The costs of the special election shall be borne by the district for which the election is held. ATTACHMENT /23/2015

6 CA Codes (elec: ) Page 1 of9 ELECTIONS CODE SECTION Whenever two or more elections, including bond elections, of any legislative or congressional district, public district, city, county or other political subdivision are called to be held on the same day, in the same territory, or in territory that is in part the same, they may be consolidated pursuant to this chapter upon the order of the governing body or bodies or officer or officers calling the elections. The elections, whether held under a freeholder charter or under any state law, or both, may be consolidated, and different elections called by the same governing body may be consolidated Where one of the elections to be consolidated is a statewide election, the board of supervisors of the county in which the consolidation is to be effected may order the consolidation When local elections are to be consolidated, and no specific procedure is specified for their consolidation, the procedure set forth in Section shall govern the consolidation, except that the governing body of the jurisdiction that receives a request for the consolidation, or an officer otherwise authorized by law, may order the consolidation Any state, county, municipal, district, and school district election held on a statewide election date pursuant to Section 1002 shall be consolidated with the statewide election pursuant to this part except that, in counties of the first class, the board of supervisors may deny any request for consolidation if it finds that the ballot style, voting equipment, or computer capacity is such that additional elections or materials cannot be handled. The procedural requirements prescribed for that type of election shall be construed as if this section were specifically set forth in the provisions relating to that election (a) Whenever an election called by a district, city, or other political subdivision for the submission of a question, proposition, or office to be filled is to be consolidated with a statewide election, and the question, proposition, or office to be filled is to appear upon the same ballot as that provided for the statewide election, the district, city, or other political subdivision shall, at least 88 days prior to the date of the election, file with the board of supervisors, and a copy with the elections official, a resolution of its governing board that does all of the following: (1) Requests that the district, city, or other political subdivision election be consolidated with the statewide election. (2) Sets forth the exact form of the question, proposition, or 4/23/2015

7 CA Codes (elec: ) Page 2 of9 office to be voted upon at the election, as it is to appear on the ballot. The question or proposition to appear on the ballot shall conform to this code governing the wording of propositions submitted to the voters at a statewide election. (3) Acknowledges that the consolidated election will be held and conducted in the manner prescribed in Section (b) The resolution requesting the consolidation shall be adopted and filed at the same time as the adoption of the ordinance, resolution, or order calling the election. (c) The names of the candidates to appear upon the ballot where district, city, or other political subdivision offices are to be filled shall be filed with the county elections official no later than 81 days prior to the election (a) (1) Any city ordinance requiring its general municipal election to be held on a day specified in subdivision (b) of Section 1301 shall be approved by the board of supervisors unless the ballot style, voting equipment, or computer capability is such that additional elections or materials cannot be handled. Prior to adoption of a resolution to either approve or deny a consolidation request, the board or boards of supervisors shall each obtain from the elections official a report on the cost-effectiveness of the proposed action. (2) A city, by itself or in concert with other cities, may purchase or otherwise contribute to the purchase of elections equipment, including, but not limited to, a computer for the purposes of conducting a consolidated election when the equipment shall be owned by the county. (b) As a result of the adoption of an ordinance pursuant to this section, no term of office shall be increased or decreased by more than 12 months. As used in this subdivision, "12 months" means the period between the day upon which the term of office would otherwise have commenced and the first Tuesday after the second Monday in the 12th month before or after that day, inclusive. (c) If an election is held on a day specified in subdivision (b) of Section 1301, and the election is consolidated with another election this part, except Section 10403, shall govern the consolidation and, if the county elections official is requested to conduct the municipal election, Section shall be applicable to that election. (d) If a general municipal election is held on the same day as a statewide election, those city officers whose terms of office would have, prior to the adoption of the ordinance, expired no later than the next regularly scheduled city council meeting after receipt of the certification of the results from the elections official shall, instead, continue in their offices until not later than that meeting. (e) Within 30 days after the ordinance becomes operative, the city elections official shall cause a notice to be mailed to all registered voters informing the voters of the change in the election date. The notice shall also inform the voters that as a result in the change in the election date, the terms of office of the elected city officeholders will be changed (a) This section a pp l i e s only to special districts electing members of the governing body in November of odd-numbered years. As used in this section, "special district" means an agency of the state OOO&fi1e=1... 4/23/2015

8 I Date(s) May 15 June 15 June 16 June days after date Council puts measure(s) on the ballot June 29 to July 13 July 6 10 days after Arguments are due July 13 to August 7 July 31 August 7 August 7 August 7 August 12 August 12 August 13 August 20 by 5:00 pm or August 10 September 7 to October 20 September 24 October 5 October 5 October 13 October 19 October 20 October 22 October 27 October 28 November 2 November 3 November 6 No Later Than December 1 December 9 January31,2016 April 1,2017 to October 27 to November 3 December 18 December 18 December o -1 o 3 45 E ? ElectionOfficialto PublishNoticeof Election- Candidates Last Dayto Adopt Regulations for CandidatesStatements Last Dayto File RebuttalArguments/10 DaysafterArguments Filing Periodfor Nomination Papersand Candidate'sStatements Last Dayto File Campaign Expenditure Statements- Semi-Annual Statement Last Dayto Call ElectionFor BallotMeasures Last Dayfor Countyto ReceiveResolutions Requesting Servicesor Consolidation Last Dayto File Nomination Papers(Friday,unlessclosed,then Monday) Last Dayto File Nomination Papers- Extended Filing Periodif incumbentfails to file Last Dayto WithdrawMeasure(s) from Ballot Secretaryof State to DetermineOrderof Nameson Ballot TImeto Cancel Election- InsufficientCandidates Filing Periodfor Write-in Candidate Last Dayto File Campaign Expenditure Statements- 1st Pre-election Statement First Dayfor MailingPermanent vote by mail Voter Ballots Voters May Requestvote by mail Ballotswith RegularApplications Last Dayto Mail SampleBallotsand Polling PlaceNotices Last Dayto Registerto Vote Last Dayto File for Write-in Candidate Last Dayto File Campaign Expenditure Statements- 2nd Pre-election Statement Last Dayfor ElectionOfficialto PublishNoticeof Nominees Emergency/Late vote by mailvoting Period Last Dayfor Councilto Adopt Procedures to ResolveTIe Vote ELECTION DAY Last Dayto Receivevote by mail Voter Ballots Last Dayto DeclareResults& Install NewlyElectedMayor, Councilmember(s), Etc. Reorganize Counciland ChooseMayorProTem (and Mayor if applicable) Filingof Statementof EconomicInterests Last Dayto File Campaign Expenditure Statements- Semi-Annual Statement Last Dayto Submit Reporton Measuresto Secretaryof State Prepared by Martin + ChapmanCo. (R10/ ) ATTACHMENT 3 WWN.mariinchapman.com