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DATE:
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FROM:
COUNCIL AGENDA REPORT
JUNE 1, 2010
MAYOR AND TOWN COUNCIL
MEETING DATE: 06/7/10
ITEM NO.
GREG CARSON, TOWN MANAGER
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SUBJECT: A RESOLUTION OF THE TOWN OF LOS GATOS REQUESTING THAT
THE COUNTY OF SANTA CLARA BOARD OF SUPERVISORS
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE
HELD NOVEMBER 2, 2010 WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION
10403 OF THE ELECTIONS CODE AND AUTHORIZING OTHER
RELATED ACTIONS
RECOMMENDATION:
Adopt resolution requesting that the County of Santa Clara Board of Supervisors consolidate a
General Municipal Election to be held November 2, 2010 with the State-wide General Election
to beheld on that date pursuant to Section 10403 of the Elections Code and authorizing other
related actions.
DISCUSSION:
Proposition 73, approved by the voters June 1988, prohibits public financing of candidates for
elected office in California. Specifically Government Code Section 85300 provides as follows:
"No public officer shall expend and no candidate shall accept any
public moneys for the purpose of seeking elective office."
Therefore, this resolution provides that each candidate is required to pay the actual costs of
printing, handling and translating the candidate's statement which is incurred by the Town, up to
the maximum allowed by the Elections Code. The resolution further directs that the Clerk
Administrator is required to provide written notice to such effect with each set of nomination
PREPARED BY: JACHIE D. ROSE '~~~~..~--.....a;.
Clerk Administrator J
N:\MGR\AdminWorkFiles\2010 Council Reports\6-7-10 TC Calling Election staffreport.doc
Reviewed by: ~~_Assistant Town Manager own Attorney Clerk Administer
Finance Community Development Revised: 04/21/2010 10:50 AM
Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: CALLING A GENERAL MUNICIPAL ELECTION TO BEHELD IN THE
TOWN OF LOS GATOS ON NOVEMBER 2, 2010
JUNE 1, 2010
DISCUSSION (continued):
papers issued. Per Registrar of Voters, the estimated fee per candidate is $1,785.00. Of this
amount $1,785.00 goes to the County Registrar of Voters for the translation of the candidate's
statement into six other languages and the printing of the candidate's statement in the Registrar
of Voter's choice of two languages.
Under Section 10228 of the Elections Code there is also a required filing fee of $25.0.0 which
covers some of the Town's costs for-the processing of candidates' nomination papers.
For your information the General Election calendar issued by the Registrar of Voters for the
November 2, 2010 election is included with this report as Exhibit B
FISCAL IMPACT:
The total cost of our General Election held November, 2008 was approximately $40,000.00.
This amount is covered in the 2009-10 budget. The fees charged to the candidates will offset
some of the costs of the services rendered for filing and printing. candidate statements and the
translation and printing charges for the 200 word candidate statements.
Attachments:
1. Resolution ordering consolidation of elections
2. November 2, 2010 General Election Calendar.
RESOLUTION 2010-
.RESOLUTION OF THE TOWN OF LOS GATOS
APPOINTING THE CLERK ADIYIINISTRATOR AS THE TOWN'S ELECTION OFFICIAL
AND ORDERING AND CALLING A GENERAL MUNICIPAL ELECTION
TO BE HELD IN THE TOWN OF LOS GATOS ON NOVEMBER 2, 2010;
REQUESTING SANTA CLARA COUNTY BOARD OF SUPERVISORS TO AUTHORIZE
REGISTRAR OF VOTERS TO PROVIDE ELECTION SERVICES;REQUESTING
CONSOLIDATION OF GENERAL STATE ELECTION WITH LOS GATOS MUNICIPAL
ELECTION AND SPECIFYING CERTAIN PROCEDURES FOR THE CONSOLIDATED
ELECTION;DETERMINING TO LEVY THE COST OF CANDIDATES' STATEMENTS;
REQUIRING PAYMENT OF CANDIDATES' FILING FEES;AND PROVIDING FOR GIVING
NOTICE OF ELECTION FOR THE PURPOSE OF ELECTING THREE COUNCIL MEMBERS.
WHEREAS, the Los Gatos Town Council does hereby appoint and declare that the Clerk
Administrator shall. act as the Election Officer for the Town of Los Gatos; and,
WHEREAS, Los Gatos Town Code Section 2.30.010 provides that the general municipal
election for the Town of Los Gatos shall be held on the day of the state wide general election;
WHEREAS, pursuant to Part 3 of Division 10 of the California Elections Code, a general
municipal election maybe consolidated with a statewide election; and.
WHEREAS, a statewide election will be held on November 2, 2010;
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos:
1. A general municipal election hereby is called to beheld in and for the Town of Los Gatos
on Tuesday, November 2, 2010, to elect three (3) Council Members, each for a full term of four (4)
years.
2. Pursuant to Elections Code Section 10002, the Town Council hereby requests the Board
of .Supervisors of the County of Santa Clara to make available the services of the Registrar. of Voters for
the purpose of performing the usual services necessary in the conduct of the consolidated general
municipal election, including the provisions of election supplies and voters' pamphlets; and that upon
approval of such requests, the Registrar of Voters of the County of Santa Clara shall be reimbursed for
all costs incurred by said services.
3. Pursuant to Elections Code commencing with Section 10400, the Town Council hereby
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 2,
2010, with respect to which the Board of Supervisors of the County of Santa Clara has the power to
order a consolidation. The Town Council further consents to and orders the consolidation of the general
municipal election hereby called with the statewide general election. Upon consolidation, the
consolidated election shall beheld and conducted, election officers appointed, voting precincts
designated, ballots printed, polls opened at 7:00 a.m. and closed at 8:00 p.m., ballots counted and
Page 1 of 2
ATTACHMENT 1
returned, returns canvassed, and all other proceedings in connection with the election shall be regulated
and done by the Registrar of Voters of the County of Santa Clara in accordance with the provisions of
law regulating the elections so consolidated.
4. The Clerk Administrator 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
12110. The Clerk Administrator is further authorized and directed to do all other things required by law
to hold the general municipal election above provided.
5. Pursuant to Section 13307 of the Elections Code, the Town Council hereby determines to
levy against each candidate availing himself or herself of the service of including a candidate's statement
not to exceed two hundred (200) words in length in the voter's pamphlet, the actual costs of printing,
handling. and translating the candidate statement, incurred by the Town of Los Gatos. The Clerk
Administrator 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.
6. Pursuant to Section 10228 of the Elections Code, and Town Code Section 2.30.011, each
candidate shall 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 Clerk Administrator shall provide written
notice to such effect with each set of nomination papers issued.
7. The Clerk Administrator 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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the. Town of Los Gatos
this 7th day of June, 2010 by the following vote:
COUNCIL MEMBERS:
AYES
NAYS
ABSTAINED:
ABSENT:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\MGR\AdminWorkFiles\2010 Council Reports\6-7-10 Resolution Calling Election 2010.doc
Page 2 of 2
Abbreviated General Election Calendar
November 2, 2010
Santa Clara County
DACES ~ '` ACTIVITIES /DOCUMENTS
~,_}
June 30, .2010 DUE DATE FOR RESOLUTIONS FOR GOVERNING BOARD ELECTIONS
(E -125)- Deadline for jurisdictions to submit resolutions for a governing board election.
July 12, 2010 NOMINATION PER/OD OPENS
First day candidates may pick up nomination documents either at the district
(E -113) office or at the Office of the Registrar of Voters, .
August 6, 2010 NOMINATION PERIOD CLOSES *
(E - 88) . .Deadline to file (in the Office of the Registrar of Voters only) all required
nomination documents.
WITHDRAWAL OF CANDIDATE
No candidate shall withdraw after 5:00 p.m. on this date for offices which do not
have an extension period.
DUE DATE FOR MEASURE RESOLUTIONS AND TAX RATE STATEMENTS *
Last day for jurisdictions to file a resolution calling for a measure election, and if
applicable, tax rate statements..
August 7, through EXTENSION PERIOD *
If an incumbent fails to file a Declaration of Candidacy by August 6th for his or
August 11, 2010 her office, there will be a 5-calendar-day extension during which any candidate,
other than the incumbent, may file or withdraw from said office.
(E-87 toE-83)
August 11, 2010 DUE DATE FOR ARGUMENTS
Deadline set by the Registrar of Voters for submitting arguments in favor of and
(E - 83) against a measure.
August 12,-2010 RANDOMIZED ALPHABET DRAWING
This day the Secretary of State- and the local elections official will conduct a
(E - 82) drawing of letters of the alphabet to determine -the order in which candidates
appear on the ballot.
August 18, 2010 DUE DATE FOR REBUTTALS AND IMPARTIAL ANALYSES *
Deadline set by the Registrar of Voters for submitting rebuttals to .arguments in
(E - 76) favor of and against and the impartial analysis,
September 7** through WRITE-IN CANDIDACY OPENS AND CLOSES
Time frame for write-in candidates to obtain and file nomination documents in
October 19, 2010 the Office of the Registrar of Voters.
(E-57toE-14)
ATTACg~MENT 2
Abbreviated General Election Calendar
November 2, 2010
Santa Clara County
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October 4, 2010 F.P.P. C. 1St PRE-ELECTION STATEMENT DUE
Deadline for financial disclosure report Form 460 covering the period of 7-1-
(E - 29) 10*** to 9-30-10.
October 4, 2010 FIRST DAY FOR MAILING OF VOTE BY MAIL BALLOTS
(E - 29) First day of mailing of Vote by Mail ballots.
October 18, 2010 LAST DAY TO REGISTER TO VOTE FOR NOVEMBER ELECTION
(E - 15) Deadline to register to be eligible to vote in the November 2, 2010 election.
October 21, 2010 F.P.P. C. 2"d PRE-ELECTION STATEMENT DUE
Deadline for financial disclosure report Form 460 covering the period of 10-1-10
(E - 12) to 10-16-10.
October 17 through LATE CONTRIBUTION/INDEPENDENT EXPENDITURES
Sums over $1000 to/from a single source must be reported within 24 hours.
November 1, 2010 The Late Independent Expenditure report is required. only for committees (not
candidate committees) that make independent expenditures totaling $1,.000 or
(E - 16 to E -1) more to support or oppose a single candidate or a single ballot measure.
October 26, 201.0 LAST DAY TO REQUEST VOTE BY MAIL BALLOT BY MAIL
(E - 7) Deadline at 5:00 p.m. to submit a request for a Vote by Mail ballot to be mailed
to voter,
NOVEMBER 2, 2010 ELECTION DAY
Polls are open from 7:00 a.m. to 8:00 p.m.
November 30, 2010 OFFICIAL CANVASS OF VOTE
Registrar of Voters to certify election results by November 30, 2010.
This calendar may not contain all of a candidate's or district's filing requirements. The Office. of the
Registrar of Voters is not open for filings on Saturday, Sunday or holidays.
* The legal 10-calendar-day public examination period in which a writ of mandate may be sought begins
immediately following the filing deadline for submission of those documents. The writ of mandate
request shall be filed no later than the end of the 10-calendar-day public examination period.
** Due to holiday.
*** The period covered by any statement begins on the day after the closing date of the last statement
filed, OR January 1st, if no previous statement has been filed.
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