City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Lisa Roos, City Clerk & Finance Director
Date: 06/11/2024
Subject: General Election
RECOMMENDED ACTION:
This resolution gives notice that the General Municipal Election will be held on November 5, 2024 for three City Council seats with four-year terms. All persons interested in running for City Council should contact the City Clerk by the close of business on August 8, 2024.
BACKGROUND:
Section 2.03 of the Ripon Municipal Code states that the municipal election is consolidated with the statewide general election to be held on the first Tuesday after the first Monday in November of each even numbered year pursuant to Government Code Section 36503.5.
DISCUSSION/ANALYSIS:
This resolution establishes the following for the City of Ripon’s election:
Notice is given that the election will be held on Tuesday, November 5, 2024. This election will be for three members of the City Council for four-year terms. o Although not stated in the resolution, the terms for Leo Zuber, Daniel de Graaf and Gary Barton are expiring.
Requests the Board of Supervisors to consolidate a general municipal election with the statewide general election.
Adopts regulations pertaining to Candidate’s Statements. o The resolution currently states that the estimated filing fee is $740, but this amount may change based upon final estimates set by the San Joaquin Registrar of Voters.
Determines that no filing fee will be charged.
Requests the San Joaquin County Board of Supervisors to render specific services relating to the general municipal election.
Adopts a procedure for resolution of a tie vote.
Provides for the appointment of the offices if there are not a sufficient number of candidates elected to fill the open offices.
FISCAL IMPACT:
Estimated costs for the consolidated election with no measures is $40,000-$46,000, which is to be funded by the General Fund
The estimated cost has increased significantly since the last election in 2022 ($30,265).
According to the Registrar of Voters, the cost increase can be attributed to several factors. Labor cost for the county has increased over 18% since that time. Additionally, inflation on materials and other services related to carrying out the election has seen a significant increase. Other factors that are taken into account are the registered voter count and how many total billable contests/measures are expected to be on the ballot. Many of the costs are based on projections and predictions using both past data and current market trends/conditions, so the costs end up being less than predicted, or in some cases more.
RESOLUTION NO. 24-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON, CALIFORNIA CALLING AND GIVING NOTICE OF
THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO
BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE
ELECTION OF CERTAIN OFFICERS OF THE CITY;
REQUESTING THE SAN JOAQUIN BOARD OF
SUPERVISORS TO CONSOLIDATE A GENERAL
MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL
ELECTION; ADOPTING REGULATIONS PERTAINING TO
CANDIDATES' STATEMENTS; DETERMINING THAT NO
FILING FEE WILL BE CHARGED FOR THE PROCESSING OF
NOMINATION PAPERS; REQUESTING THE SAN JOAQUIN
COUNTY BOARD OF SUPERVISORS TO RENDER
SPECIFIED SERVICES RELATING TO THE GENERAL
MUNICIPAL ELECTION; ADOPTING A PROCEDURE FOR
THE RESOLUTION OF A TIE VOTE; AND PROVIDING FOR
THE APPOINTMENT TO THE OFFICES OF THIS CITY THAT
WERE TO BE ELECTED TUESDAY, NOVEMBER 5, 2024 OF
THE PERSONS WHO HAVE BEEN NOMINATED IF THERE
ARE NOT MORE CANDIDATES THAN OFFICES TO BE
ELECTED AS 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 5, 2024, for the election of municipal officers;
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 officers of the two elections be the same, and that the county election department of the County of San Joaquin canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election;
WHEREAS, Section 10012 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates' statement; WHEREAS, Section 22843 of the Elections Code of the State of California provides that the City Council may impose a filing fee proportionate to the costs of processing a candidate's nomination papers, but not exceeding twenty-five dollars ($25.00) to be paid upon the filing of such nomination papers; WHEREAS, in the course of conduct of the election, it is necessary for the City to request services of the County; and
WHEREAS, all necessary expense in performing this service shall be paid by the City of Ripon.
WHEREAS, Section 22843.5 and Section 22844 of the Election Code of the State of California allows for one of the following courses of action to be taken by the City Council if there are not more candidates than offices to be elected:
1. Appoint to the office the person who has been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
WHEREAS, the City Council of the City of Ripon pursuant to the provisions of Chapter 4 Tie Votes Article 1 Elections Other Than Primary Elections, Section 20501 of the Elections Code of the State of California, is desirous of adopting a procedure for the resolution of tie vote for the Office of City councilman other than by lot as now provided in subdivision (a) of Section 20501 of the Elections Code.
NOW, THEREFORE, the City Council of the City of Ripon, 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 said State, there is called and ordered to be held in the City of Ripon, California, on Tuesday, November 5, 2024, a General Municipal election of the qualified three (3) members of the City council of said City for the full term of four years.
Section 2: That pursuant to the requirements of §10403 of the Elections Code, the San Joaquin County Board of Supervisors is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024.
Section 3: 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 were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election.
Section 4: That the City Clerk of the City of Ripon is authorized, instructed and directed 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 5: That the polls for the election shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California.
Section 6: 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 7: That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give such further or additional notice of the election, in time, form and manner as required by law.
Section 8: That pursuant to Section 10012 of the Elections Code of the State of California, each candidate for elective office to be voted for at an election to be held in the City of Ripon, on November 5, 2024, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in the office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.
Section 9: The City Clerk shall have translated and printed in the voters' pamphlet only the candidates' statements of those candidates who request translation and printing.
Section 10: No candidate will be permitted to include additional materials in the sample ballot package.
Section 11: An estimated charge of $740.00 for English with Spanish translation (statements must be printed in both languages) shall be levied to the candidates for the printing, handling, translation and mailing the candidates' statements filed pursuant to the Elections Code.
Section 12: That the City Clerk shall provide each candidate or the candidate's representative a copy of this resolution at the time nominating petitions are issued.
Section 13: That all previous resolutions establishing Council policy on payment for candidates' statements are repealed.
Section 14: That this resolution shall apply only to the election to be held on November 5, 2024 and shall then be repealed.
Section 15: That no filing fee will be imposed for the processing of candidates' nomination papers.
Section 16: That, pursuant to the provisions of Section 22003 of the Elections Code of the State of California, this City Council requests the San Joaquin County Board of Supervisors to permit the County Registrar of Voters' Office to prepare and furnish to the City of Ripon all materials, equipment and services as agreed upon by the County Registrar of Voters and the City Clerk for the conduct of the November 5, 2024 General Municipal Election.
Section 17: That the City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill.
Section 18: That the City Clerk is directed to forward without delay to the Board of Supervisors and the County Election Department each a certified copy of this Resolution.
Section 19: That pursuant to the provisions of Section 20501 (b) of the Elections Code, the City Council hereby declares that a special run-off election shall be held in the event of a tie vote for the Office of City Councilman in future elections conducted in the City of Ripon, commencing with the City of Ripon General Municipal Election to be held on November 5, 2024, and continuing thereafter until the City Council of the City of Ripon shall repeal the procedure herein established for the conducting of special run-off elections in the event of a tie vote for candidates for the Office of City Councilman of any district in the City of Ripon.
Section 20: In the event there are not more candidates than offices to be elected, then pursuant to Section 22843.5 and 22844 of the Elections Code of the State of California, the Ripon City Council does hereby declare its intention to appoint to the office the person who has been nominated.
Section 21: That the Ripon City Council does hereby direct the City Clerk to proceed with the provisions of Sections 22843.5 and 22844 of the State of California Elections Code as they pertain to the General Municipal election of November 5, 2024.
Section 22: That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 11th day of June, 2024, by the following vote:
RESULT: ADOPTED AS AMENDED BY CONSENT VOTE [UNANIMOUS]
MOVER: Daniel de Graaf, Vice Mayor
SECONDER:Michael Restuccia, Council Member
AYES: Zuber, de Graaf, Barton, Uecker, Restuccia
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
LEO ZUBER, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk