Fremont City Council Meeting: 05/07/24 07:00 PM
3300 Capitol Avenue Div/Dept: City Clerk's Office
Fremont, CA 94538 Category: Elections
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5104) DOC ID: 5104
Updated: 5/3/2024 11:34 AM by Susan Gauthier Page 1
CALLING OF ELECTION 2024 - Adopt a Resolution Calling and Consolidating the 2024 November Election
Contact Persons:
Name: Susan Gauthier Allen DeMers
Title: City Clerk Deputy City Manager
Div/Dept: City Clerk's Office City Manager's Office
Phone: 510-284-4076 510-494-4651
E-Mail: [email protected] [email protected]
Executive Summary: The City of Fremont holds its general municipal election on the same day as the statewide general election, which is the first Tuesday after the first Monday in November of each even-numbered year. This year the election will be held on November 5, 2024. The Mayor’s seat (four-year term), and District No. 1 (four-year term), District No. 5 (four-year term), and District No. 6 (four-year term) Council seats will be placed on the ballot. The following item requests that the City Council adopt a resolution to call and consolidate the election with the County of Alameda.
BACKGROUND: State Election law provides that the governing body of a City may, by resolution, request the Board of Supervisors of the County to permit the County elections official (the Registrar of Voters) to render specified services to the City relating to the conduct of an election. The City of Fremont consolidates its election with the Alameda County statewide election, and the Alameda County Registrar of Voters will be asked to conduct the election on behalf of the City of Fremont.
DISCUSSION/ANALYSIS: Staff is requesting City Council consideration of a resolution for the administration of the General Municipal Consolidated Election. Once adopted, the resolution will be forwarded to the Clerk of the Board of Supervisors for the Board’s approval, with a copy to the Registrar of Voters. The elements of the resolution include the following:
The official calling of the election
The California Elections Code provides that the Council shall call and order a General Municipal Election for the purpose of electing the Mayor, a District No. 1 Councilmember, a District No. 5 Councilmember, and a District No. 6 Councilmember of the City Council for the full term of four years.
Requesting the services of the Alameda County Board of Supervisors and Registrar of Voters to conduct the election on behalf of the City of Fremont The Elections Code provides that the City Council may, by resolution, request that the Board of Supervisors of the County permit the county elections official to render specified services to the City for the conduct of an election, and that the City will reimburse the County for services performed.
Council Staff Report (ID # 5104) Meeting of May 7, 2024 Updated: 5/3/2024 11:34 AM by Susan Gauthier Page 2
Establishing the procedures in the event of a tie vote for the elected office positions
The Elections Code provides that a special runoff election may be held for resolving a tie vote, provided that the City Council adopts the provisions for a special runoff election prior to the conduct of the election resulting in the tie vote. The Council has historically adopted this option in the event of a tie vote, and staff is recommending this provision. In lieu of this option, the only other provision for resolving a tie is for the Secretary of State to determine the winner by lot.
Determining the number of words permitted for the candidate statement The Elections Code provides that the City Council adopt regulations pertaining to the statement prepared by any candidate for the municipal election and to provide the estimate of the costs of such statement. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words or 400 words about the candidate’s education and qualifications as expressed by the candidate. A 200-word statement will be a one-half sheet in the voter sample ballot. Historically, the City of Fremont selects the 200-word limit for a candidate statement, and staff recommends this word limit for this election. The candidate is required to pay for the costs of printing, translating and mailing the candidate statement and is required to make a deposit at the time his/her nomination papers are filed. Staff is recommending a deposit in the amount of $3,000 to cover estimated costs related to 200-word candidate statements for the November 5, 2024 election. 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. If the Council decides to approve an increase to a 400-word count statement, that would increase the cost to the candidate.
Determining whether rebuttal arguments to the Argument in Favor and the Argument in Opposition, which appear in the Voters Sample Ballot, will be permitted for each ballot measure
For each ballot measure question, the Elections Code provides the opportunity for arguments in favor and arguments in opposition to be included as a part of the Sample Ballot. The argument statements may not exceed 300 words. In addition, the Elections Code authorizes the City Council to decide whether to allow rebuttal statements to the arguments in favor and the arguments in opposition. The rebuttals may not exceed 250 words, and the filing deadline is ten days after the filing of the arguments. The City Council has historically permitted rebuttals to the arguments, and staff recommends that the City Council permit rebuttals to the arguments for any November 5, 2024 election ballot measure.
FISCAL IMPACT: The FY 2024/25 Proposed Operating Budget includes an appropriation of $729,000 based on the City’s recent experience, to cover costs associated with this election.
The Registrar’s preliminary cost estimate for election services is between $4.00 and $6.00 per registered voter for a Countywide Consolidated Election. The registrar’s estimate of Fremont’s registered voter population is 118,814, and that number will fluctuate before it is certified for the November election. Costs fluctuate based on the number of jurisdictions that share the ballot with the City of Fremont. At the time of writing this staff report, the Alameda County Registrar of Voters is unable to ascertain how many jurisdictions will share in the cost of the November 5, 2024, ballot, which is the reason for the high preliminary cost estimate. This estimate does not include additional costs associated with any ballot measures.
Council Staff Report (ID # 5104) Meeting of May 7, 2024 Updated: 5/3/2024 11:34 AM by Susan Gauthier Page 3
ATTACHMENTS:
• Draft Resolution - Calling for the 2024 Election
RECOMMENDATION: Adopt a resolution that:
1. Calls for the General Municipal Election.
2. Requests the services of the Alameda County Registrar of Voters to conduct the election on behalf of the City of Fremont.
3. Calls for a Special Election to be conducted in the case of a tie vote for the elected officers as a result of the November 5, 2024 election.
4. Limits the candidate statement to be published in the Voter Sample Ballot to a maximum of two hundred (200) words, and requires a candidate to make a deposit of $3,000 to pay for costs at the time his/her nomination papers are filed.
5. Allows for rebuttals for the arguments in favor and the arguments in opposition for each ballot measure.