Agenda Item No: 5.b Meeting Date: March 6, 2017 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: CITY ATTORNEY S OFFICE Prepared by: Lisa A. Goldfien, Assistant City Attorney City Manager Approval: TOPIC: SUBJECT: CHANGE TO GENERAL MUNICIPAL ELECTION SCHEDULE CONSIDERATION OF STATE-MANDATED CHANGE TO EVEN-YEAR MUNICIPAL ELECTIONS RECOMMENDATION: Provide direction to Staff. BACKGROUND: On September 1, 2015, Governor Jerry Brown signed into law Senate Bill No. 415 (SB 415), the California Voter Participation Rights Act, adding sections 14050-14057 to the California Elections Code. (Attachment 1) SB 415 prohibits a local governmental entity from holding a general election other than on a statewide election date if holding an election on a nonconcurrent date (i.e., election date other than November of even numbered years), has previously resulted in a significant decrease in voter turnout. A significant decrease in voter turnout is defined as voter turnout for a regularly scheduled election of the local governmental entity that is at least twenty-five percent (25%) less than the average voter turnout within that entity for the previous four (4) statewide general elections. The public policy behind SB 415 was to address waning civic engagement in politics, as illustrated by declining voter turnout in federal, state and municipal elections. The legislative analysis asserts that one major contributing factor to low voter turnout the timing of elections could be addressed by synchronizing city/town elections with even-year state elections. Article IV, Section 1 of the Charter of the City of San Rafael provides that the general municipal election shall be held on the Tuesday after the first Monday in November of each odd-numbered year. Officers on both the San Rafael City Council and the San Rafael City School District Board are elected at the general municipal election. It should be noted that on February 27, 2017, the School Board voted to move its next general election to November 2018, thus cancelling its November 2017 election. FOR CITY CLERK ONLY File No.: Council Meeting: Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Pursuant to Elections Code Section 1001, statewide election dates are recognized to occur in June and November of even-numbered years. The County Registrar of Voters has determined, based upon San Rafael s election turnouts in past years, that SB 415 will require the City to begin conducting its general municipal elections on statewide election dates. ANALYSIS: SB 415 requires that the City either begin the new election schedule in 2018, or that by January 1, 2018, the Council adopt a plan for effecting the schedule change no later than 2022. The change to even-year elections will require interim adjustments to the Mayor s and City Council terms, either to 3- year terms, or to 5-year terms. Therefore, the City Council has a few options for how to transition to the new schedule, and staff seeks direction from the Council on how it wishes to do so. Staff recommends maintaining a November election date to maintain consistency in the length of the terms of all seats on the Council and thus to minimize disruption from the changes. The primary decision to make is whether to extend to 5 years or reduce to 3 years the terms of the Mayor and Councilmembers during the transition period. There are a few options: 1. 3-year terms: Prior to this year s general municipal election, reduce the terms of the Mayor and all Councilmembers to 3 years. At the November 7, 2017 election, two City Council seats would be open for election to a 3-year term ending in 2020. At the November 2019 election, the office of Mayor and two Council seats would be open for election to a 3-year term ending in 2022. 2. 5-year terms: This can be done in two ways: a. Prior to this year s general municipal election, expressly extend the terms of the Mayor and all Councilmembers to 5 years, proceed with the 2017 election, and then schedule the next general municipal election for November, 2020. The result of this would be that at the November 7, 2017 election, two City Council seats would be open for election to a 5-year term ending in 2022. The office of Mayor and two City Council seats that would otherwise have ended in 2019 would be extended to 2020 and would become 5-year terms. b. Wait until after the November 7, 2017 election, and then schedule the next general municipal election for November, 2020. The result of this would be that at the November 7, 2017 election, two City Council seats would be open for election to a stated 4-year term, but the term would become a 5-year term by operation of the new election schedule, ending in 2022. The office of Mayor and two City Council seats that would otherwise have ended in 2019 would be extended to 2020 thus becoming 5-year terms by operation of the new schedule. Once the City Council decides which of the above options it wishes to pursue, Staff can determine the timing of the steps required to implement the selected schedule. FISCAL IMPACT: The City Clerk s election budget, within its General Fund allocation, funds City election costs. The change in election schedules may result in the City holding one additional election, if the City maintains its November 7, 2017 election, since the School Board will be holding its election in
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 November, 2018 rather than in 2017 with the City. However, it is anticipated that the City s expenses for an election involving only the School Board would be minimal. More significantly, the County Registrar of Voters has advised that because many school districts are taking action to change their November 2017 election to November 2018, the cost range for the November 2017 election is likely to increase. The usual cost of $1 to $3 per registered voter will likely increase to $4.00 to $6.00 per registered voter. The County will know after March 10 exactly how many districts are making this change, and will be able to give the City a final estimate after that. If the cost per registered voter increases substantially, the City Clerk may be required to seek a budget adjustment. OPTIONS: As stated above. RECOMMENDED ACTION: Provide direction to Staff. ATTACHMENTS: 1. SB 415
Attachment 1 Senate Bill No. 415 CHAPTER 235 An act to add Chapter 1.7 (commencing with Section 14050) to Division 14 of the Elections Code, relating to elections. [Approved by Goiremor September 1,2015. Filed with Secretary of State September 1,2015.] LEGISLATIVE COUNSEL'S DIGEST SB 415, Hueso. Voter participation. Existing law genera.lly requires all state, county, municipal, district, and school district elections be held on an established election date. Existing law also establishes certain dates for statewide elections. Existing Jaw requires any state, county, municipal, district, and school district election held on a statewide election date to be consolidated with a statewide election, except as provided. This bill, commencing January 1, 2018, would prohibit a political subdivision, as defined, from holding an election other than on a statewide election date ifholding an election on a nonconcurrent date has previously resulted in voter turnout for a regularly scheduled election in that political subdivision being at least 25% less than the average voter turnout within the political subdivision for the previous 4 statewide general elections, except as specified. This bill would reqnire a court to imprelllcnt appropriate remedies upon a violation of this prohibition. The hill would authorize a voter WllO resides in a political subdivision where a violation is alleged to file an action in superior court to enforce this prohibition, and it would allow a prevailing plaintiff other than Ule state or political subdivision to collect a reasonable attorney's fee and litigation expenses, as provided. The people of the State of California do enact as follows: SECTION 1. Chapter 1.7 (commencing with Section 14050) is added to Division 14 of the Elections Code, to read: CHAPTER 1.7. VOTER PARTICIPATION 14050. This chapter shall be known and may be cited as the California Voter Participation Rights Act. 14051. As used in this chapter: (a) "Political subdivision" means a geographic area of representation created for the provision of government services, including, but not limited 93 Item 14 Page 6 of 9
Ch.235-2- to, a city, a school district, a community college district, or other district organized pursuant to state law.. (b) "Significant decrease in voter turnout" means the voter turnout for a regularly scheduled election in a political subdivision is at least 25 percent less than the average voter turnout within that political subdivision for the previous four statewide general elections. (c) "Voter turnout" means the percentage of voters who are eligible to cast ballots within a given political subdivision who voted. 14052. (a) Except as provided in subdivision (b), a political subdivision shall not hold an election other than on a statewide election date if holding an election on a nonconcurrent date has previously resulted in a significant decrease in voter turnout. (b) A political subdivision may hold an election other than on a statewide election date if, by January 1, 2018, the political subdivision has adopted a plan to consolidate a future election with a statewide election not later than the November 8, 2022, statewide general election. 14053. Upon a finding ofa violation of subdivision (a) of Section 14052, the court shall implement appropriate remedies, including the imposition of concurrent election dates for future elections and the upgrade of voting equipment or systems to do so. In imposing remedies pursuant to this section, a court may also require a county board of supervisors to approve consolidation pursuant to Section 10402.5. 14054. In an action to enforce subdivision (a) of Section 14052, the court shall allow the prevailing plaintiff other than the state or political subdivision of the state, a reasonable attorney's fee consistent with the standards established in Serrano v. Priest (1977) 20 Cal.3d 25, 48-49, and litigation expenses including, but not limited to, expert witness fees and expenses as part of the costs. A prevailing defendant shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. 14055. A voter who resides in a political subdivision where a violation of subdivision (a) of Section 14052 is alleged may file an action pursuant to that section in the superior court of the county in which the political subdivision is located. 14056. This chapter does not apply to special elections. 14057. This chapter shall become operative on January 1, 2018. o 93 Item 14 Page 7 of9