FAIRFAX TOWN COUNCIL MEETING
STAFF REPORT
AGENDA ITEM #1
MEETING DATE July 1, 2026
PREPARED FOR Mayor and Town Council
PREPARED BY Christine Foster, Assistant to the Town Manager/ Deputy Town Clerk Janet Coleson, Town Attorney
SUBJECT Adopt Resolution 2026-23 Calling for a General Municipal Election to be held on November 3, 2026, for the Election of Certain Officers, Requesting the Marin County Board of Supervisors to Consolidate the General Municipal Election with the Statewide General Election to be Conducted on that Same Date, and Setting Rules and Deadlines for Candidate’s Statements
RECOMMENDATION
Adopt the Resolution 2026-23.
BACKGROUND
The Town of Fairfax has seven elected offices: five Town Councilmembers, a Town Treasurer, and a Town Clerk. The Town holds its general municipal elections in November of even-numbered years to elect three Councilmembers in one two-year cycle and two Councilmembers, the Town Treasurer, and Town Clerk two years later. The term of each office is four years.
California Government Code Section 36503 and California Elections Code Section 1000(e) authorize a regularly scheduled general municipal election to be conducted on November 3, 2026. Sections 10403 and 10418 of the California Elections Code authorize the Town Council to request the County of Marin Board of Supervisors to consolidate the General Municipal Election with the Statewide General Election being held on the same date, thereby permitting the County Elections Official to conduct the General Municipal Election for the Town on a reimbursable basis. The County of Marin has the resources to conduct an election for all local municipalities and special districts in the most cost-effective manner and has routinely provided the Town with this service.
Per California Elections Code sections 13307 and 13308, candidates for each office will be entitled to prepare and file a candidate’s statement with the Town Clerk including the candidate’s name, age, and occupation and a brief description, of no more than 200 words, of the candidate’s own education and qualifications for office expressed by the candidate.
DISCUSSION
The terms of two Town Councilmembers along with the Town Clerk and Town Treasurer will expire upon the certification of the November 3, 2026, election, leaving two Town Council seats and the Town Clerk and Town Treasurer seats up for election, each for a four-year term. 2 The attached “omnibus” resolution performs three functions: (i) It officially calls the General Municipal Election for November 3, 2026, (ii) it requests consolidation of the Town’s General Municipal Election with the Statewide General Election being held on the same date, thereby authorizing the County to conduct the election for the Town and (iii) it sets rules and deadlines for candidate’s statements filed in this Election, all pursuant to the California Elections Code.
The filing timeline for candidates and incumbents is as follows:
• July 13 - August 7: Nomination Filing Period: Candidates (including incumbents) must pick up and file nomination papers and all required and optional documents from the Clerk’s Office during this period. If they so choose, candidates must also file their candidate’s statement at the same time they file their nomination papers.
• August 12: Extended Filing Deadline: If an incumbent eligible to be re-elected does not file by August 7, the deadline for non-incumbents to file is extended to August 12.
FISCAL IMPACT
The Marin County Registrar of Voters has tentatively estimated the cost of this election to be between $1.50 and $3.00 per registered voter. The average per-voter cost is based on the number of agencies participating in the consolidated election. Each agency’s specific share is calculated by the County Elections Office based on the number of its registered voters and the number of offices and measures on the ballot. Fairfax currently has 5,955 registered voters. The Town has budgeted $12,000 for the election in the general fund to cover the cost of this election.
ATTACHMENTS
Omnibus Resolution 2026-23 Calling General Municipal Election for Officers, et al.
Resolution No. 2026-23
RESOLUTION NO. 2026-23
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX, CALIFORNIA, CALLING
AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE
CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID TOWN AS REQUIRED
BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; REQUESTING THE COUNTY OF MARIN TO AGREE AND APPROVE SAID CONSOLIDATION; AND SETTING FORTH REGULATIONS FOR CANDIDATE’S STATEMENTS.
WHEREAS, pursuant to Fairfax Municipal Code 2.04 Municipal Elections and under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held in the Town on Tuesday, November 3, 2026, for the election of two (2) Members of the Town Council, one (1) Town Treasurer, and one (1) Town Clerk, each for the full term of four (4) years.; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the Town the precincts, polling places and election officers of the two elections be the same, and that the election department of the County of Marin canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and
WHEREAS, all necessary expenses in performing this service shall be paid by the Town of Fairfax, and
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of the local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate’s statement.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF FAIRFAX, CALIFORNIA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California, relating to general law cities within the State, there shall be, and is hereby called and ordered held in the Town of Fairfax, California, on Tuesday, November 3, 2026, a General Municipal Election of the qualified electors of said Town for the purpose of electing two (2) Members of the Town Council, one (1) Town Treasurer, and one (1) Town Clerk, each for the full term of four (4) years.
SECTION 2. That the ballots to be used at said election shall be in form and content as required by law.
SECTION 3. That the Town Clerk is authorized, instructed, and directed to procure and furnish, or coordinate with the Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct said election.
SECTION 4. That the vote center locations and hours of operations, ballot drop box locations and hours of operations, vote-by-mail procedures and timing, the election officers, and all other persons and procedures for the General Municipal Election shall be the same as those utilized by the County of Marin and in compliance with the Elections Code of the State of California.
Resolution No. 2026-23
SECTION 5. That in all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding municipal elections in said Town.
SECTION 6. That notice of the time and place of holding said election is hereby given and the Town Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election, in time, form and manner as required by law.
SECTION 7. That pursuant to the requirements of Section 10403 of the California Elections Code, the Board of Supervisors of the County of Marin is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 3, 2026, that the Registrar of Voters/County Elections Department is hereby authorized to canvass the returns of said General Municipal Election of November 3, 2026 and perform all other proceedings incidental to and connected with the General Municipal Election. Pursuant to California Elections Code Sections 10403 and 10418, the Election will be held and conducted in accordance with the provisions of law regulating the Statewide General Election.
SECTION 8. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the Election Official, the Town Council, in accordance with California Elections Code Section 15651(a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.
SECTION 9. The Town shall reimburse said Registrar of Voters/Elections Department for services performed when work is completed upon presentation of a bill.
SECTION 10. Candidate’s Statements.
A. Pursuant to Sections 13307 and 13308 of the Election Code of the State of California, each candidate for elective office to be voted for may prepare a candidate's statement on an appropriate form provided by the Town Clerk. Such statement may include the name, age and occupation of the candidate and brief description of no more than two hundred (200) words of the candidate's education and qualifications expressed by the candidate himself/herself. Such statement shall not include party affiliation of the candidate, or membership of activity in partisan political organizations. In addition, the statement shall be limited to a recitation of the candidate’s own personal background and qualifications and shall not in any way make reference to other candidates for that office or to another candidate’s qualifications, character, or activities. Such statement shall be filed in the Office of the Town Clerk, with payment of applicable fees, at the time the candidate's nomination papers are filed. Such statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m., the next working day after the close of the nomination period.
B. Pursuant to the Federal Voting Rights Act, candidate’s statements will be translated into all languages required by the County of Marin. The County is required to translate candidate’s statements into the following languages: English and Spanish.
C. The County will print and mail voter information guides and candidate’s statements to all voters in Spanish and any other required translation languages to only those voters who are on the County voter file as having requested a sample ballot in a particular language. The County will make the sample ballots/voter information guides and candidate’s statements in the required languages available at all polling places/voting centers, on the County’s website, and in the Election Official’s office.
D. Translations:
Resolution No. 2026-23
1. The candidate shall be required to pay for the cost of translating the candidate’s statement into any required foreign language as specified in (A) and/or (B) of Section 10 above pursuant to Federal and\or State law.
2. The candidate shall be required to pay for the cost of translating the candidate’s statement into any foreign language that is not required as specified in (A) and/or (B) of Section 10 above, pursuant to Federal and/or State law, but is requested as an option by the candidate.
E. Printing:
1. The candidate shall be required to pay for the cost of printing the candidate’s statement in English in the main voter pamphlet.
2. The candidate shall be required to pay for the cost of printing the candidate’s statement in a foreign language required in (A) and/or (B) of Section 10 above, in the main voter pamphlet.
3. The candidate shall be required to pay for the cost of printing the candidate’s statement in a foreign language requested by the candidate in the main voter pamphlet.
4. The candidate shall be required to pay for the cost of printing the candidate’s statement in a foreign language required by (A) and/or (B) of Section 10 above, in the facsimile voter pamphlet.
F. Estimate, Deposit and Payment:
The Town Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the Town his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet.
In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements, the fee shall be paid at the time of filing said statement. Accordingly, the clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.
G. Miscellaneous:
1. All translations shall be provided by professionally-certified translators.
2. The Town Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.
3. No candidate will be permitted to include additional materials in the sample ballot package.
Resolution No. 2026-23
4. The Town Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.
SECTION 11. This Resolution shall apply to the November 3, 2026 General Municipal Election and shall thereafter be repealed.
SECTION 12. The Town Clerk is hereby directed to forward without delay to said County Registrar of Voters, a certified copy of this Resolution.
SECTION 13. That the Town Clerk shall certify to the passage and adoption of this Resolution, enter the same in the book of original Resolutions of said Town, and make a minute of the passage and adoption hereof in the records of the proceedings of the Town Council of said Town in the minutes of the meeting at which the same is passed and adopted.
PASSED, APPROVED and ADOPTED this 1st day of July 2026. ________________________________
STEPHANIE HELLMAN
MAYOR
_________________________________
CHRISTINE FOSTER
DEPUTY TOWN CLERK
I HEREBY CERTIFY that the foregoing Resolution No. 2026-23 was duly adopted by the Town Council of the Town of Fairfax at a regular meeting thereof, held on the 1st day of July 2026, by the following vote of Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
CHRISTINE FOSTER
DEPUTY TOWN CLERK