DRAFT
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FREMONT CALLING AND GIVING NOTICE OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS;
REQUESTING THE ALAMEDA COUNTY BOARD OF SUPERVISORS
TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 8, 20 22, WITH THE GENERAL
ELECTION TO BE HELD ON THAT DATE PURSUANT TO ELECTIONS
CODE SECTION 10002 , AND REQUESTING CERTAIN SERVICES OF THE REGISTRAR OF VOTER S; ESTABLISHING REGULATIONS FOR
CANDIDATE STATEMENTS ON THE SAMPLE BALLOT ; PROVIDING
FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR
ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE; AND
PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR
ALL BALLOT MEASURES, A S REQUIRED BY THE PROVISIONS OF
THE LAWS OF THE STATE OF CALIFORNIA RELATING TO
GENERAL LAW CITIES___________________________________________
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 8, 2022 for the election of Municipal Officers; 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 City, the precincts, polling places and election of officers of the two elections be the same, and that the Registrar of Voters of the County of Alameda 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, Section 13307 of the Elections Code of the State of California (“Elections Code”) provides that the City Council may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate statement; and
WHEREAS, Section 15651 of the Elections Code authorizes the City Council to adopt provisions to require the conduct of a special runoff election to resolve a tie vote involving those candidates who received an equal number of votes and the highest number of votes for an elective office; and
WHEREAS, Section 9285 of the Elections Code authorizes the City Council to adopt, by majority vote, provisions to provide for the filing of rebuttal arguments for ballot measures submitted at municipal elections.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT, CALIFORNIA, DOES RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. That, pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Fremont, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing the following members of the City Council: one District No. 2 Councilmember, one District No. 3 Councilmember, and one District No. 4 Councilmember for the terms of four years.
SECTION 2. That the ballots to be used at the election shall be in the form and content as required by law.
SECTION 3. That the City Clerk is authorized, instructed and directed to procure all official notices and printed matter necessary to properly and lawfully conduct the election.
SECTION 4. That the polls for the election shall be open at 7:00 a.m. on the day of the election and shall remain open continuously from that time until 8:00 p.m. on the same day when the polls shall be closed.
SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 6. That notice of time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
SECTION 7. That pursuant to the requirements of Section 10002 of the Elections Code, the Board of Supervisors of the County of Alameda is hereby requested to consent and agree to the consolidation of the General Municipal Election with the General Election on Tuesday, November 8, 2022, for the purpose of the election of the following members of the City Council:
one District No. 2 Councilmember, one District No. 3 Councilmember, and one District No. 4 Councilmember for the terms of four years.
SECTION 8. That the County election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there is only one election, and only one form of ballot shall be used.
SECTION 9. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.
SECTION 10. That the City of Fremont recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County based on the County’s established consolidation rate.
SECTION 11. That pursuant to Section 13307 of the Elections Code, each candidate for elective office to be voted for at the General Municipal Election on November 8, 2022, may prepare a candidate statement on an appropriate form provided by the elections official. The
statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words about the candidate’s education and qualifications expressed by the candidate himself or herself.
SECTION 12. The candidate shall be required to pay for the cost of printing, translating and mailing the candidate statement, and shall make a deposit of $3,000.00 at the time his/her nomination papers are filed. The candidate shall be refunded any overage or billed for any additional costs within 30 days of the actual accounting of said costs by the Alameda County Registrar of Voters.
SECTION 13. That pursuant to Elections Code Section 15651(b), if any two or more persons receive an equal number of votes and the highest number of votes for an office to be voted within the City, there shall be held within the City a special runoff election to resolve the tie vote. A special runoff election shall be called and held on a Tuesday not less than 40 nor more than 125 days after the administrative certification of the election which resulted in a tie vote.
SECTION 14. That pursuant to, and in accordance with, Elections Code Section 9285, the City Council will permit the filing of rebuttal arguments not exceeding 250 words for ballot measures and initiatives submitted at the general municipal election.
SECTION 15. That this resolution shall apply only to the election to be held on Tuesday, November 8, 2022.
SECTION 16. That the City Clerk shall certify the passage and adoption of this Resolution and file a certified copy of this Resolution with the county election department of Alameda County.
ADOPTED, _________, 2022 by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney