Agenda #: 7.2
Meeting Date: August 20, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: APPOINTMENTS TO COUNCIL DISTRICT NOS. 2 AND 5, AND
CANCELLATION OF THE GENERAL MUNICIPAL ELECTION ON
NOVEMBER 5, 2024.
STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:
Adopt Resolution No. 2024-36 appointing Ruth M. Low to represent Council District No. 2 and Stan Liu to represent Council District No. 5, and cancelling the November 5, 2024, General Municipal Election pursuant to California Elections Code Section 10229.
FINANCIAL IMPACT:
The recommended action will result in a cost savings of approximately $53,000 that would otherwise be spent to hold a General Municipal Election.
BACKGROUND:
On June 4, 2024, the City Council adopted Resolution No. 2024-15, calling for a General Municipal Election to be held on Tuesday, November 5, 2024, for the purpose of electing City Council Members for Council District Nos. 2 and 5. As of the close of business on Friday, August 9, 2024, the legal deadline to file nomination papers, only one person, incumbent Ruth M. Low, filed nomination papers and qualified to run for the office of City Council Member representing Council District No. 2, and only one person, incumbent Stan Liu, filed nomination papers and qualified to run for the office of City Council Member representing Council District No. 5.
ANALYSIS:
Elections Code Section 10229 provides that if by the statutory nomination filing deadline, August 9, 2024, there are not more candidates than offices to be elected in any legislative district, and if there are also no Citywide offices or measures on the ballot, then the Elections Official shall certify these facts to the City Council, publish a notice of the same, and after the fifth date of such publication, the City Council may take one of three courses of action:
1. The City Council may appoint to the office the person who has been nominated; or
2. The City Council may appoint to the office any eligible voter if no one has been nominated (not applicable here); or,
3. The City Council may determine to hold the election if either no one or only one person has been nominated.
The Elections Official has provided the required certification to the City Council that there are not more candidates than offices to be elected in Council District No. 2 and No. 5 (Attachment 2). Further, the Elections Official caused to be published in The San Gabriel Valley Tribune on August 14, 2024, a "Notice that There are not More Candidates than Offices to be Elected in Electoral District No.2 and No. 5", providing the facts set forth herein and notifying of the City Council's authority to either appoint the nominated candidate and cancel the election for Council District No. 2 and No. 5, or not.
The required five day notice period is now complete.
Therefore, the City Council has the option to either appoint the sole qualified nominee, Ruth M. Low, to Council District No. 2, and to cancel the City election in Council District No. 2, or hold the election in District No. 2. Additionally, the City Council has the option to either appoint the sole qualified nominee, Stan Liu, to Council District No. 5 and to cancel the City election in Council District No. 5, or hold the election in District No. 5.
Since there are no other qualified nominees, it is recommended that the City Council adopt a Resolution (Attachment 1) appointing Ruth M. Low to the City Council to represent Council District No. 2 and Stan Liu to the City Council to represent Council District No. 5, for a period of four years in lieu of an election, and cancelling the November 5, 2024 General Municipal Election pursuant to California Elections Code 10229. Pursuant to Elections Code 10229, if the City Council appoints the two candidates to their respective offices in this situation, they each will qualify, take office in December 2024, and serve exactly as if elected at a municipal election for their office.
Should the City Council wish to hold the election instead of making the appointment immediately, there would be a limited opportunity for one or more write-in candidates to qualify for the election. Only write-in candidates who have properly qualified may be considered in the vote tally. To qualify as a write-in candidate, a person generally must follow the same process as becoming a traditional candidate: they must file with the Elections Official certain basic information and must submit the proper number of signatures nominating that person as a write-in candidate. Write-in candidates must file their completed forms between 57 and 14 days prior to the election. If no official write-in candidates are qualified, Mrs. Low and Mr. Liu would only need a single vote to be declared a victor in the election.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 7.2.a Resolution No. 2024-36
2. 7.2.b Certification