MEETING DATE:
JUNE 28, 2016
SUBJECT:
Title
RESOLUTION NOS. 2016-8216, 2016-8217, 2016-8218 - CALLING THE NOVEMBER 8, 2016 GENERAL MUNICIPAL ELECTION AND CONSOLIDATION OF ELECTION WITH THE COUNTY OF SAN DIEGO REGISTRAR OF VOTERS WITH THE STATEWIDE GENERAL ELECTION AND ESTABLISHING REGULATIONS FOR CANDIDATE STATEMENTS.
Body
Recommendation
Recommendation
ADOPT resolutions calling the November 8, 2016 General Municipal Election, requesting consolidation with the County of San Diego Registrar of Voters of the city’s General Municipal Election with the Statewide General Election and regulations for candidate statements.
Body
Board or Commission Action
Not applicable
Relevant Council Strategic Theme
Not applicable
Introduction
In accordance with the City Charter, the next General Municipal Election in the City of San Marcos will be held on Tuesday, November 8, 2016. The purpose of the election is to elect two members of the City Council to a four-year term.
The State Elections Code requires the adoption of resolutions for the purpose of (1) calling and giving notice of the General Municipal Election to be held on Tuesday, November 8, 2016; (2) requesting that the San Diego County Board of Supervisors consent to the consolidation of the election with the Statewide General Election; and (3) adopting regulations pertaining to candidate statements of qualifications and the cost thereof.
Discussion
Calling and Consolidating the Conduct of the General Municipal Election
The General Municipal Election falls on Tuesday, November 8, 2016 for the purpose of electing two Members of the City Council to a four-year term. The terms for Councilmembers Jones and Jenkins will expire on the first Tuesday following an election or until a successor is elected and qualified (SMMC 2.08.020).
The City of San Marcos has consolidated its General Municipal Election with the Statewide General Election since 1968. It would be appropriate at this time to adopt the proposed resolutions to (1) call and give notice of the General Municipal Election to be held on November 8, 2016, and (2) request that the San Diego County Board of Supervisors consent to the consolidation of the City’s election with the Statewide General Election and provide the necessary election-related services. These services include hiring poll workers; establishing polling sites; translating, printing and mailing the voter’s sample ballot pamphlet; and canvassing the ballots. The City and the Registrar are also charged with the minority language translation requirements imposed by the Federal Voting Rights Act with respect to certain election notices and materials provided to voters. The County of San Diego and the City of San Marcos are required to support English, Chinese, Filipino, Spanish and Vietnamese languages.
The nomination period for the office of the Councilmembers is July 18, 2016, 7:30 a.m. through August 12, 2016, 5:30 p.m. Per Section 10225 of the Elections Code, if an incumbent for the office of Councilmember who is eligible for re-election does not file a declaration of candidacy by August 12, 2016 5:30 p.m., there will be a 5-day extension allowed for any person other than the incumbent to file a declaration of candidacy for such office. If the nomination period for the office of the Councilmembers is extended, the filing period for that office will end August 17, 2016 at 5:30 p.m.
Regulations for Candidate Statements
Pursuant to the Elections Code and the Federal Voting Rights Act, and based upon the demographics of the City of San Marcos, the City is required to translate and publish the sample ballot, which includes candidate statements of qualifications, in the five required languages named above. This requirement is carried out by the Registrar through consolidated election services.
The Elections Code authorizes the City to require each candidate who chooses to file a statement to pay in advance, at the time of filing nomination papers, the estimated pro rata share of costs to translate, print and mail a candidate statement as a condition of having his or her statement included in the sample voter pamphlet. The estimated costs are determined by the Registrar based on printing and translation costs, and a projection of total jurisdictional participation based on the number of registered voters. Advance payments are held by the City pending final billing by the Registrar after the election. Once actual costs are determined by the Registrar, candidates may be billed for additional expenses or refunded any excess paid. Although the Elections Code allows the City Council to approve either a 200 or 400-word limit for candidate statements, the City Council has historically approved a 200-word limit to minimize the cost borne by the candidate. The filing of a candidate statement is optional.
In past election years, the Registrar has provided overly conservative pro rata estimates for candidate statements. The Registrar has acknowledged the disparity between the estimate and actual pro rata costs and has taking steps to provide more realistic projected costs.
The Registrar’s pro rata cost estimate for the November 8, 2016 election is $1,200 for a 200-word statement. Staff is recommending the City Council adopt the proposed resolution, which limits candidate statements to 200 words and requires each candidate to be responsible for all pro rata costs associated with his or her candidate statement. Following the election, candidates will be refunded for any amounts paid in excess or billed for additional actual expense depending on the final actual cost as provided by the Registrar.
Fiscal Impact
The estimated cost for the election is $40,000 and has been appropriated in the City Clerk’s Fiscal Year 2016/17 budget.
Attachment(s)
Resolution 2016-XXXX Calling the November Election
Resolution 2016-XXXX Consolidating the Election
Resolution 2016-XXXX Candidate Statement Regulation
Prepared by: Lori Wilcox, Deputy City Clerk
Reviewed by: Phillip Scollick, City Clerk
Approved by: Jack Griffin, City Manager