11 Staff Report.Consolidate Election with attachments
PREPARED BY: Wendy Wood
Town Clerk
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/04/2024
DATE: May 22, 2024
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Adopt a Resolution Calling for the General Municipal Election to be Held on
November 5, 2024 for the Election of Two Town Council Members to be Held
in the Town of Los Gatos, Requesting the Consolidation of Election with the
Statewide General Election, Requesting the Santa Clara County Board of
Supervisors Render Specified Services to the Town Related to the Conduct of
the General Municipal Election, Adopting Regulations for Candidates for
Elective Office Pertaining to Filing Fees and Candidate Statements, and
Providing for the Process in the Event of a Tie Vote
RECOMMENDATION:
Adopt a Resolution calling for the general municipal election to be held on November 5, 2024,
in the Town of Los Gatos for the election of two Town Council Members to be held, requesting
the consolidation of election with the Statewide General Election, requesting the Santa Clara
County Board of Supervisors render specified services to the Town related to the conduct of the
general municipal election, adopting regulations for candidates for elective office pertaining to
filing fees and candidate statements, and providing for the process in the event of a tie vote.
DISCUSSION:
The General Municipal Election of the Town of Los Gatos will be held on Tuesday, November 5,
2024, for the purpose of filling two Council Member seats. To conduct the election, the Town
Council must adopt a resolution calling for the General Municipal Election to fulfill certain legal
requirements. The Resolution calls for the holding of the election, requests consolidation with
the Statewide Election, establishes guidelines and costs associated with candidate statements,
and provides the process to resolve a tie vote.
PAGE 2 OF 2
SUBJECT: Adopt a Resolution Calling for the General Municipal Election to be Held on
November 5, 2024 for the Election of Two Town Council Members to be held in the
Town of Los Gatos, Requesting the Consolidation of Election with the Statewide
General Election, Requesting the Santa Clara County Board of Supervisors Render
Specified Services to the Town Related to the Conduct of the General Municipal
Election, Adopting Regulations for Candidates for Elective Office Pertaining to Filing
Fees and Candidate Statements, and Providing for the Process in the Event of a Tie
Vote
DATE: May 22, 2024
DISCUSSION (continued):
The filing period for Town Council candidates in the November 5, 2024 General Election begins
Monday, July 15, 2024 and ends at 5:00 p.m. on Friday, August 9, 2024. Pursuant to Elections
Code Section 10225, if an incumbent for a specific office fails to file Nomination Papers by the
close of the workday on August 9, 2024, the filing period will be extended five (5) calendar days
for that specific office for non-incumbents only. The extended filing period would close on
Wednesday, August 14, 2024, at 5:00 p.m. The Town Clerk will meet with potential candidates
by appointment only during regular business hours during the filing period.
The Resolution calling for the General Municipal Election sets the maximum word count for
candidate statements, which may be capped at either 200 or 400 words. Historically, the Town
of Los Gatos has allowed for up to 200 words in candidate statements. The Santa Clara County
Registrar of Voters (ROV) estimates the cost of publishing a 200-word candidate statement in
the Voter Information Guide to be $3,100. This cost is paid by each candidate who voluntarily
chooses to publish a candidate statement and represents the candidate’s pro rata share of the
cost to print, produce, and mail the statement. As permitted by Elections Code 10228 and
Town Code Section 2.30.011, the Town imposes a $25 filing fee. It is important to note, the $25
fee is a mandatory fee when filing Nomination Papers and the $3,100 is voluntary to publish a
candidate statement.
FISCAL IMPACT:
The estimated cost from the ROV for the election of two (2) Council seats, not including the
candidate statement fee, is approximately $87,311 and the funding is included in the Proposed
Fiscal Year 2024/25 Operating Budget.
ENVIRONMENTAL ASSESSMENT:
Is not a project defined under CEQA and no further action is required.
Attachment:
1. Resolution Calling for the General Municipal Election
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Resolution 2024- June 4, 2024
ATTACHMENT 1
RESOLUTION 2024- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
CALLING FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE TOWN OF
LOS GATOS ON NOVEMBER 5, 2024 FOR THE ELECTION OF TWO TOWN COUNCIL
MEMBERS, REQUESTING THE SANTA CLARA COUNTY BOARD OF SUPERVISORS
CONSOLIDATE WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 5, 2024 AND RENDER SPECIFIED SERVICES TO THE TOWN
RELATED TO THE CONDUCT OF THE GENERAL MUNICIPAL ELECTION PURSUANT TO
CALIFORNIA ELECTIONS CODE SECTION 10403, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO FILING FEES AND CANDIDATE STATEMENTS, AND PROVIDING FOR THE PROCESS IN THE EVENT OF A TIE VOTE
WHEREAS, pursuant to Section 1001 of the Elections Code of the State of California,
there is an established General Statewide election to be held on Tuesday, November 5, 2024;
and
WHEREAS, pursuant to Part 3 “Consolidation of Elections,” and commencing with
Section 10400 of the Elections Code of the State of California, the municipal election may be
either completely or partially consolidated and held on the same day as a Statewide election,
upon order of the Town of Los Gatos Council.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos:
1. That pursuant to Section 10403 of the Elections Code of the State of California, the
Town Council of the Town of Los Gatos calls a municipal election to be held on Tuesday,
November 5, 2024; and requests the Board of Supervisors of the County of Santa Clara
to completely consolidate the election with the General Statewide election. The
consolidated municipal election will be held, regulated, and conducted in accordance
with the provisions of the law.
2. The General Municipal Election is scheduled to be held in the Town of Los Gatos on
November 5, 2024, to elect the offices listed below.
Title of Office Length of Term Number of Seats Election System
Town Council Member 4-Year Full Term Two (2) Seats At-Large
3. That pursuant to Section 10002 of the Elections Code of the State of California, the
Town of Los Gatos requests the services of the Board of Supervisors of the County of
Santa Clara and the Registrar of Voters of the County of Santa Clara to render such
services to the Town as requested by the Town Clerk, and shall reimburse the County for
the costs incurred by the County of Santa Clara Registrar of Voters in conducting the
General Statewide election for the Town. The Town requests the County of Santa Clara
Board of Supervisors to permit the County of Santa Clara Registrar of Voters to prepare
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Resolution 2024- June 4, 2024
ATTACHMENT 1
the Town’s election materials. The election services to be performed shall include the
preparation, printing and mailing of official ballots and County voter information
guides; the establishment of precincts, election ballots, return mail envelopes, ballot
drop boxes, vote centers, election officers, and producing such publications as are
required by law in connection therewith; the furnishing of ballots, envelopes, and other
necessary supplies and materials for voting places; the canvassing of the returns of the
election; the furnishing of the results of such canvassing to the Town Clerk; and, the
performance of other election services as may be requested by the Town Clerk.
4. Pursuant to Elections Code commencing with Section 10400, the Town of Los Gatos
requests the Board of Supervisors of the County of Santa Clara to order the
consolidation of the General Municipal Election to be conducted within the boundaries
of the Town of Los Gatos on November 8, 2022, with respect to which the Board of
Supervisors of the County of Santa Clara has the power to order a consolidation. The
Town of Los Gatos further consents to and orders the consolidation of the General
Municipal Election hereby called with the Statewide General Election and acknowledges
that the consolidated election will be held and conducted in the manner prescribed in
Section 10418, and to further provide that the Registrar of Voters canvass the returns
of the municipal election. The County of Santa Clara is hereby authorized to certify the
returns of the municipal election.
5. The polls for the election shall be open 7:00 a.m. on the day of the election and shall
remain open continuously from that time until 8:00 p.m. on the same day when the
polls shall be closed.
6. Pursuant to Section 13307 of the Elections Code, each candidate for elective office to be
voted for at the General Municipal Election to be held in the Town of Los Gatos on
November 5, 2024, may prepare a candidate statement. The statement may include the
name, age, and occupation of the candidate, and a brief description of no more than
200 words of the candidate’s education and qualifications expressed by the candidate.
The statement shall not include party affiliation of the candidate, nor membership or
activity in partisan political organizations. The statement shall be filed in the Office of
the Town Clerk at the same time the candidate’s nomination papers are filed. The
statement may be withdrawn, but not changed during the period for filing nomination
papers and until 4:00 p.m. of the next working day after the close of the nomination
period. Candidates shall not be permitted to submit materials other than the candidate
statement with the printed voter materials. The estimated cost per candidate for a 200-
word statement is $3,100. The estimate is an approximation of the actual costs
associated with printing, handling, translating, and mailing the candidate statement. The
Town Clerk shall provide written notice to such effect with each set of nomination
papers issued and shall require payment of the estimated cost at the time the candidate
statement is filed. In the event of an underpayment, candidates will be required to pay
the balance of the cost incurred. In the event of an overpayment, the Town Clerk will
refund the excess amount paid.
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Resolution 2024- June 4, 2024
ATTACHMENT 1
7. Pursuant to Section 10228 of the Elections Code, and Town Code Section 2.30.011,
candidates are required to pay a filing fee in the amount of twenty-five dollars ($25.00),
which amount the Town Council hereby determines to be the amount which is
proportionate to the costs of processing a candidate's nomination papers by the Town
of Los Gatos. The Town Clerk shall provide written notice to such effect with each set of
nomination papers issued.
8. That pursuant to Section 15651 (a) of the Elections Code of the State of California, the
method of determining the winner or winners in the event of a tie vote (two or more
persons receive an equal and the highest number of votes for an office) as certified by
the County of Santa Clara Registrar of Voter, shall be by lot.
9. The Town Clerk is hereby authorized and directed to certify to the adoption of this
resolution and to transmit a certified copy to the Board of Supervisors of the County of
Santa Clara and to the Registrar of Voters of the County of Santa Clara.
10. The Town Clerk is hereby authorized and directed to publish a notice of the General
Municipal Election within the time and in the manner specified in the Elections Code
Section 12112. The Town Clerk is further authorized and directed to do all other things
required by law to hold the General Municipal Election above provided.
11. In all particulars not recited in this resolution, the municipal election shall be held and
conducted as provided by law for holding municipal elections.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos this 4th day of June 2024 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA
DATE: ___________________
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Resolution 2024- June 4, 2024
ATTACHMENT 1
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________