02 Staff Report - Clerk Administrator as Towns Election OfficialMEETINGDATE: 06/05/06
t°W N ITEM NO.
COUNCIL AGENDA REPORT
w
!ps G At°S
DATE: May 26, 2006
TO: MAYOR AND TOWN COUNCIL
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FROM: DEBRA FIGONE, TOWN MANAGER
SUBJECT: RESOLUTION OF THE TOWN OF LOS GATOS APPOINTING THE CLERK
ADMINISTRATOR 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 7, 2006;
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.
RECOMMENDATION:
Adopt resolution of the Town of Los Gatos ordering and calling a general municipal election to be
held in the Town of Los Gatos on November 7, 2006; 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 (3) council members.
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."
00
PREPARED BY: MARI~YN A~&S~SEN
Clerk Administrator
Reviewed by: j9 _ttorney_ 5 Finance_CS"anager Revised: 5/22/06 10:07
N :\CLK\ELECTION-CONSOLIDATION-2006.wpd
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT:
May 22, 2006
DISCUSSION CONTINUED:
Therefore, this resolution provides that each candidate is required to pay the actual costs ofprinting,
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 papers issued. Per
Registrar of Voters, the estimated fee per candidate is $1,570.00. Of this amount $1,570.00 goes to
the County Registrar of Voters for the translation of the candidate's statement into four other
languages and the printing of the candidate's statement in the Registrar's choice of two languages.
Under Section 10228 of the Elections Code there is also a required filing fee of $25.00 which covers
some of the Town's costs for the processing of candidates' nomination papers.
For your information the schedule issued by the Registrar of Voters for the November 7, 2006
election is included with this report as Exhibit B
FISCAL IMPACT:
The total cost of our General Election held November, 2004 was approximately $40,000.00. This
amount is covered in the 2006-07 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 7, 2006 General Election Calendar.
RESOLUTION 2006-
RESOLUTION OF THE TOWN OF LOS GATOS APPOINTING THE CLERK
ADMINISTRATOR 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 7,2006; REQUESTING SANTA CLARA COUNTY BOARD OF SUPERVISORS
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 may be consolidated with a statewide election; and
WHEREAS, a statewide election will be held on November 7, 2006;
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos:
A general municipal election hereby is called to be held in and for the Town of Los Gatos on
Tuesday, November 7, 2006, 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.
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 7, 2006, 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 be held 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 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
5t' day of June, 2006 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS :
ABSTAINED:
ABSENT:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Exhibit A
Abbreviated r ernator°ial General Election Calendar
2006
Santa Clara County
DATES
ACTIVITIES / DOCUMENT ,
July 5, 2006
DUE DATE FOR RESOLUTIONS FOR GOVERNING BOARD ELECTIONS
(E -125)
Deadline for jurisdictions to submit resolutions for a governing board election.
July 17, 2006
NOMINATION PERIOD OPENS
First day candidates may pick up nomination documents either at the district
(E -143)
office or at the Office of the Registrar of Voters.
August 11, 2006
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 12 through
IXTENSIC?N PERIOD
If an incumbent fails to file a Declaration of Candidacy by August I I1' for his or
August 16, 2006
her office, there will be a 5-calendar-day extension during which any candidate,
(E - 87 to E - 83)
other than the incumbent, may fife or withdraw from said office.
August 16, 2006
DUE DATE FOR ARGUMENTS *
{E - 83)
Deadline set by the Registrar of Voters for submitting arguments'in favor of and
against a measure.
August 17, 2006
RANDOABIZEQ ALPHIABET DRAIJi/ING
{E - 82}
This day the Secretary of State and the local elections official will conduct a
drawing of letters of the alphabet to determine the order in which candidates
appear on the ballot.
August 23, 2006
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 11 through
WRITE-IN CANDIDACY OPENS AND CLOSES
October 24, 2006
Time frame for write-in candidates to obtain and file nomination documents in
the Office of the Registrar of Voters.
(E-57 toE-14)
ATTACHMENT 2 !UIBM SE-
Abbreviated Gubernatorial General Election Calendar
November 7§ 2003
Santa Clara County
DATES
ACTIVITIES IDOCUMENTS
September 28, 2006
F.P.P.Q. a PRE-ELECTION STATEMENT DUE
Deadline for financial disclosure report Form 460 covering the period of 7-1-06**
(E - 40)
to 9-30-06.
October 10, 2005
FIRST DAY FOR MAILING OF ABSENTEE BALLOTS
(due to holiday)
First day of mailing of absentee ballots.
(E - 29)
October 23, 2006
LAST DAY TO REGISTER TO VOTE FOR NOVEMBER ELECTION
(E -15)
Deadline to register to vote to be eligible to vote in the November 7, 2006
election.
October 26, 2006
F_PAC 2r d PRE-ELECTION STATEMENT DUE
Deadline for financial disclosure report Form 460 covering the period of 10-1-06
(E -12)
to 10-21-06.
October 22 through
LATE CONTRIBUTIONIINDEPENOENT EXPENDITURES
2006
November 6
Sums over $1000 to/from a single source must be reported within 24 hours. The
,
Late Independent Expenditure report is required only for committees (not
(E -16 to E -1)
candidate committees) that make independent expenditures totaling $1,000 or
more to support or oppose a single candidate or a single ballot measure.
October 31, 2006
LAST DAY TO REQUEST ABSENTEE BALLOT BY MAIL
(E - 7)
Deadline at 5:00 p.m. to submit a request for an absentee ballot to be mailed to
you.
NOVEMBER 7, 2006
ELECTION DAY
Polls are open: from 7:00 a.m. to 8:00 p.m.
December 5, 2006
OFFICIAL CANVASS OF VOTE
Registrar of Voters to certify election results by December 5, 2006.
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.
The period covered by any statement begins on the day after the closing date of the last statement
filed, OR January 1St, if no orevious staat-Ma nt has bean filed.
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