October 24, 2023
Honorable Mayor and City Council
City of Long Beach
California
RECOMMENDATION:
Recommendation to adopt resolution proclaiming, calling and giving notice of a Primary Nominating Election and a General Municipal Election in the City of Long Beach, on Tuesday, the 5th day of March, 2024 and the 5th day of November, 2024, for the nomination and/or election of candidates for four (4) offices of the Long Beach City Council, and two (2) offices of the Long Beach Unified School District; and Adopt resolution requesting the Board of Supervisors of the County of Los Angeles to consolidate the City’s Primary Nominating Election to be held on March 5, 2024, and the General Municipal Election to be held on November 5, 2024 with the California Statewide Elections to be held by the same dates, and requesting specified election services to the City from the Los angeles County Registrar-Recorder/County Clerk. (District 2, 4, 6 and 8)
DISCUSSION
Pursuant to the City Charter and Long Beach Municipal Code, on March 5, 2024, the City of Long Beach electorate will vote on Members of the City Council for Districts 2, 4, 6, and
8. The nomination period for these offices is November 13, 2023 through December 8, 2023.
The General Municipal Election will be held on November 5, 2024, in alignment with the Statewide General Election, and elected candidates will assume office the third Tuesday in December.
It is recommended that the City Council adopt the attached resolutions relating to the City of Long Beach Primary Nominating Election on March 5, 2024, titled as follows:
1. A Resolution of the City Council of the City of Long Beach, California, ordering, proclaiming, calling and giving notice of a Primary Nominating Election and a General Municipal Election in the City of Long Beach , California, on Tuesday, the 5th day of March , 20 24, and the 5 th day of November, 2024, for the nomination and/or election of candidates for four (4) offices on the City Council, and two (2) offices of the Long Beach Unified School District, each for a full term of four (4) years, commencing with the third Tuesday of December, 2024, and Office of the City Clerk
411 West Ocean Boulevard, 11th Floor, Long Beach, CA 90802 (562) 570-6101
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Honorable Mayor and City Council
October 24, 2023
adopting provisions relating to the translations of and the charges for costs of candidate statements;
2. A Resolution of the City Council of the City of Long Beach requesting the Board of Supervisors of the County of Los Angeles to c onsolidate the City’s Primary Nominating Election to be held on March 5, 2024, and the General Municipal Election to be held on November 5, 2024 with the California Statewide General Elections to be held by the County on the same date, and requesting specified election services to the City from the Los Angeles County Registrar - Recorder/County Clerk.
This matter was reviewed by Deputy Attorney Taylor Anderson October 9, 2023 and by Budget Management Officer Nader Kaamoush on October 10, 2023.
TIMING CONSIDERATIONS
The deadline to submit the City of Long Beach request for consolidation with the County of Los Angeles is December 8, 2023, per Election Code Sections 10400 – 10403. Approving the listed resolutions will expedite the request for consolidation.
FISCAL IMPACT
The FY 24 Election Budget includes one-time funds in the amount of $1,922,000 in the General Fund Group in the City Clerk’s Office for the March Primary Nominating Election to be held in March 2024 and support for ballot measures. The actual costs for each election will depend on the number of registered voters and vote-by-mail participation rate involved in each election. Each of these cost components will determine the actual printing and postage costs.
The City does not have the cost estimates for the November General Municipal Election in 2024. Cost estimates are provided by the Los Angeles County Registrar- Recorder/County Clerk’s office and will be brought back to City Council as part of the FY 25 budget development process. This recommendation has no staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities. The local job impact associated with this recommendation is unknown at this time.
SUGGESTED ACTION:
Approve recommendation.
Honorable Mayor and City Council
October 24, 2023
Respectfully submitted,
Monique De La Garza
City Clerk
Attachments
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH, CALIFORNIA, ORDERING,
PROCLAIMING, CALLING AND GIVING NOTICE OF A
PRIMARY NOMINATING ELECTION AND A GENERAL
MUNICIPAL ELECTION IN THE CITY OF LONG BEACH ,
CALIFORNIA, ON TUESDAY, THE 5TH DAY OF MARCH,
2024, AND THE 5TH DAY OF NOVEMBER, 202 4,
RESPECTIVELY, FOR THE NOMINATION AND/OR
ELECTION OF CANDIDATES FOR F OUR (4) OFFICES OF
THE LONG BEACH CITY COUNCIL, AND TWO (2)
OFFICES OF THE LONG BEACH UNIFIED SCHOOL
DISTRICT, EACH FOR A FULL TERM OF FOUR (4) YEARS,
COMMENCING WITH THE THIRD TUESDAY OF
DECEMBER, 20 24, AND ADOPTING PROVISIONS
RELATING TO THE TRANSLATIONS OF AND THE
CHARGES FOR COSTS OF CANDIDATE STATEMENTS
WHEREAS, the Long Beach City Charter requires that the City Council must, by resolution, order the holding of all municipal elections; and WHEREAS, the Long Beach Municipal Code mandates that the City’ s primary elections must be held on the first Tuesday after the first Monday in March in even- numbered years, and general elections must be held on the first Tuesday after the first Monday in November; and
WHEREAS, Elections Code Section 13307 provides that before a local election nominating period opens, the local agency for that election must make a determination concerning the levy of the costs for candidate statements; and
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802
NOW, THEREFORE, the City Council of the City of Long Beach resolves as follows:
Section 1. Pursuant to the provisions of the laws of the State of California and pursuant to the provisions of the Charter of the City of Long Beach governing the holding of Primary Nominating Elections in the City, a Primary Nominating Election is hereby ordered, proclaimed, declared, and called to be held in the City of Long Beach in accordance with Long Beach City Charter Section 1901 on March 5, 2024, for the purpose of nominating candidates for and/or electing persons for four (4) offices on the City Council, namely, for the Second, Fourth, Sixth, and Eighth Districts, and a General Municipal Election on November 5, 2024, for a full term of four (4) years commencing with the third Tuesday of December, 2024; and notice is given of the holding of this election and of the time and place of holding the same.
Section 2. Pursuant to the Charter of the City of Long Beach and the California Education and Election Codes, and by a Resolution No. 101823-C of the Governing Board of the Long Beach Unified School District, a Primary Nominating Election is hereby ordered, proclaimed, declared and called to be held, and consolidated with the City’s and County’s Primary Nominating Election, for the election of two (2) members of the Governing Board from School Board Districts 2 and 4 of the Long Beach Unified School District, for a full term of four (4) years commencing with the third Tuesday of December, 2024, and notice is given of the holding of this election, and of the time and place of holding the same.
Section 3. California Elections Code Section 13307 requires that a candidate's statement be translated in Spanish at the candidate's request. Further, in accordance with the requirements of the federal Voting Rights Act of 1965 (PL 94 -73) all candidates' statements must be translated into the languages required thereby.
Accordingly, the Los Angeles County Registrar -Recorder/County Clerk must provide translations of candidate statements in accordance with Section 203 of the Voting Rights Act. Any translations into t he required languages must be available in the City Clerk's
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802
Department upon request. A candidate must not be required to pay for the cost of translating his or her candidate's statement into any foreign language required pursuant to federal and/or state law. However, a candidate must be required to pay for the cost of printing the candidate's statement in Spanish.
Section 4. Pursuant to Section 13307(c) of the California Elections Code, the City Council of the City of Long Beach authorizes the preparation of candidate statements for nonpartisan elective office for the purpose of electronic distribution.
Candidates will prepare statements for electronic distribution pursuant to Section 13307(c) of the Elections Code. A statement prepared pursuant to this subdivision must be posted on the internet website of the County Elections Official. Pursuant to Section 13307.7(a) of the Elections Code, candidates must provide payment of the requisite fee to cover the duties and procedures set forth in Sections 13307(b) and (d) of the Elections Code.
Section 5. Pursuant to Section 13307 of the California Elections Code, a charge must be levied against each candidate for the costs of the candidate's statement sent to each voter. The City Clerk is directed and authorized to establish and implement the charge for the costs of printing, handling, and mailing any candidate statements as provided in Elections Code Section 13307. Any allegation of indigency or inability to pay the requisite fee in advance must be handled by the City Clerk in accordance with the provisions of Elections Code Section 13309, and in such instances the candidate's statement must only be published in the English language.
Section 6. No candidate will be permitted to include any additional materials in any sample ballot booklet.
Section 7. The City Clerk must provide each candidate or the candidate's representative with a copy of this resolution at the time nominating papers are issued.
Section 8. This resolution must take effect immediately upon its adoption by the City Council, and the City Clerk must certify the vote adopting this resolution. ///
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802
I hereby certify that the foregoing resolution was adopted by the City Council of the City of Long Beach at its meeting of _________________________, 2023, by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
City Clerk
1 TMA:kad A23-02823 (10-13-23)
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO
CONSOLIDATE THE CITY’S PRIMARY NOMINATING
ELECTION TO BE HELD ON MARCH 5, 202 4, AND THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 5, 2024 WITH THE CALIFORNIA STATEWIDE
ELECTIONS TO BE HELD BY THE COUNTY ON THE SAME
DATES, AND REQUESTING SPECIFIED ELECTION
SERVICES TO THE CITY FROM THE LOS ANGELES
COUNTY REGISTRAR-RECORDER/COUNTY CLERK
WHEREAS, on March 5, 2024, the City of Long Beach (“City”) will hold a Primary Nominating Election and on November 5, 2024, the City of Long Beach will hold a General Municipal Election, to elect members of the Long Beach City Council and members of the Long Beach Board of Education; and
WHEREAS, on March 5, 2024 and November 5, 2024, the County of Los Angeles (“County”) will also conduct California Statewide Elections; and WHEREAS, both the City’s election s and the County’s election s are to be conducted by a consolidated ballot; and
WHEREAS, the California Voter Participation Rights Act (SB 415) mandates the consolidation of the City’s election with the County’s election in order to improve voter participation, enhance voter convenience and improve the administration of elections by using the same precincts, vote centers, election officers, voting hours and vote by mail procedures, and to have the Los Angeles County Registrar -Recorder/County Clerk canvass the City election returns and possibly conduct a recount if so required;
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802
NOW, THEREFORE, the City Council of the City of Long Beach resolves as follows:
Section 1. Pursuant to the requirements of California Elections Code section 10 002 and Long Beach City Charter Article XIX, the Long Beach City Council hereby requests the Los Angeles County Board of Supervisors to consent an d agree to consolidate its March 5, 2024 and November 5, 2024 California Statewide Elections with the City’s Primary Nominating Election and General Municipal Election, and to provide the following services to the City: C onduct both elections in a co nsolidated manner with respect to the printing and mailing of the City of Long Beach official sample ballot, printing and mailing of the City of Long Beach official ballot, printing and mailing of all vote-by-mail ballots, appointing election boards, designating voting precincts, counting and canvassing all ballots, declaring results, issuing certificates of election and conducting recounts as specified herein.
Section 2. The Los Angeles County Registrar -Recorder/County Clerk is requested to conduct an automatic recount, if the difference between the two candidates receiving the most votes is one-half (1/2) of one percent (1%) or less and the difference in the absolute vote is fifty (50) votes or less. The City agrees to reimburse the County for the costs of conducting the recount.
Section 3. Costs. The City of Long Beach and the Long Beach Unified School District agree to pay the County of Los Angeles for election services rendered , including additional costs incurred by the County by reason of th e consolidation of the Primary Nominating Election and the General Municipal Election.
Section 4. The Long Beach City Council and the Los Angeles County Board of Supervisors are hereby requested to issue instructions to their City Clerk and the County Registrar-Recorder/County Clerk to take any and all steps necessary to hold the consolidated election.
Section 5. Filing of Resolution. The City Clerk is hereby directed to file a certified copy of this resolution with the Long Beach Board of Education, the Los Angeles
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802
County Board of Supervisors and the County of Los Angeles Registrar-Recorder/County Clerk.
Section 6. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution.
I hereby certify that the foregoing resolution was adopted by the City Council of the City of Long Beach at its meeting of _________________________, 2023 by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
City Clerk