STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of June 14, 2022
TO: Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Lauren Berges, City Clerk
SUBJECT: November 8, 2022 General Municipal Election
RECOMMENDED ACTION: Staff recommends adoption of the following:
Adopt Resolution Calling for the Holding of a General Municipal Election to be held on Tuesday, November 8, 2022 for the Election of Two Members of the City Council for the Full Term of Four Years.
Adopt a Resolution Requesting the Contra Costa Board of Supervisors to Consolidate a General Municipal Election to be held on Tuesday, November 8, 2022 with the Statewide General Election to be Held on the Same Date.
Adopt a Resolution Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be held on Tuesday, November 8, 2022.
FISCAL IMPACT OF RECOMMENDATION:
Election costs have been estimated to be between $33,950 and $55,169 and this cost will be included in the proposed Fiscal Year 2022-23 budget.
BACKGROUND:
Section 2-1.04 of the Hercules Municipal Code provides for a General Municipal Election to be held in the City of Hercules on the date of the Statewide General Election, the first Tuesday after the first Monday in November of each even-numbered year. Members of the City Council are elected to four (4) year terms. Two (2) seats on the Hercules City Council will expire in December 2022. The Members of City Council that have term expirations at the end of this year are:
Dion Bailey, Mayor
Chris Kelley, Council Member
DISCUSSION:
The California Elections Code requires that certain resolutions be adopted preparatory to holding that election. On Tuesday, November 8, 2022 two (2) members of the City Council will be elected to full terms of four (4) years. The resolutions presented for Council’s consideration this evening calls for the holding of the November 8, 2022 General Municipal Election, requests election consolidation services from Contra Costa County, and adopts regulations with regard to candidate statements and reimbursement to the City for the expense of printing the candidate statements.
In prior years Contra Costa County Elections staff has provided the cost for submitting a candidate statement to the voters in the sample ballot which is collected by the City Clerk at the time nomination documents, including the candidate statement is received. Due to the redistricting process in other cities and unincorporated areas of the County, County elections staff cannot provide the cost for Candidate’s Statements nor the actual election cost until after the cities’ resolutions calling for the election are provided to the Elections Office and State. In prior years the candidate statement amount was collected as a deposit, then a true up of the cost was done after the election and depending on the actual cost, the candidate would either be billed for the difference or receive a refund of the remaining funds in their deposit account.
It should also be noted that the Candidate’s Statement cost is estimated to increase 15 to 20% for the November 8th election, partially due to the substantial rise in paper costs. To put this into perspective, the Candidate’s Statement cost for the 2020 General Election was set at $405.80 for the City of Hercules for a candidate statement not exceeding 250 words. At this time, staff recommends setting a deposit amount of $465 for a Candidate’s Statement not exceeding 250 words.
It is possible the County will provide the exact Candidate’s Statement cost before the nomination period begins on July 18th; should this be the case, candidates will be informed of the cost when they pull nomination papers from the City Clerk.
Resolution #1, Section 11 sets forth a procedure 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) the City Council will determine the tie by lot. Pursuant to State law, the two options to resolve a tie vote are to draw lots, or to hold a special runoff election. In past elections City Council has opted to resolve tie votes by lot and therefore Resolution #1 was prepared with this option. If Council desires to resolve a tie vote by holding a special runoff election, adoption of provisions in Elections Code 15651(b) would need to occur prior to the conduct of the election resulting in the tie vote.
Resolution #2 makes a request to the Contra Costa County Board of Supervisors to consolidate the Hercules General Municipal Election with the County Statewide Presidential General Election to be held on the same date.
Resolution #3 adopts regulations for candidates for elective office pertaining to Candidate Statements submitted to the voters at an Election to be held on Tuesday, November 8, 2022.
Attachment #4 is a copy of the Notice of Election that will be posted and published in the West County Times by June 24th, 2022.
Once the election process has been initiated with the adoption of the three (3) resolutions tonight, the next steps are the public noticing of the election and the opening of the nomination filing period. The nomination filing period for the November 8, 2022 General Municipal Election is July 18, 2022 to August 12, 2022. In the event an incumbent does not file by the August 12, 2022 filing deadline, the nomination period will be extended to August 17, 2022 by 5:00 p.m.
During the nomination filing period, any registered voter residing in the City of Hercules who is not disqualified by the laws of the State of California from holding a civil office can pull and file nomination papers for candidacy. State law requires that the filing of nomination papers occur during the agency’s regular business hours. Anyone wishing to pull or file papers during the filing period should make an appointment with the City Clerk during regular business hours, Monday through Thursday 8:00 a.m. – 5:00 p.m., closed on Fridays, with the exception of Friday, August 12, 2022 the last day of the filing period the regular business hours will be 8:00 a.m. – 5:00 p.m.
ATTACHMENTS:
Resolution Calling for the Holding of a General Municipal Election to be held on Tuesday, November 8, 2022 for the Election of Two Members of the City Council for the Full Term of Four Years Resolution Requesting the Contra Costa Board of Supervisors to Consolidate a General Municipal Election to be held on Tuesday, November 8, 2022 with the Statewide Presidential General Election to be Held on the Same Date Resolution Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be held on Tuesday, November 8, 2022 Notice of Election
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