REPLACEMENT MEMORANDUM
TO: HONORABLE MAYOR FROM: TONI J. TABER, CMC
AND CITY COUNCIL
SUBJECT: DECLARATION AND DATE: December 9, 2022
RECORDING A STATEMENT
OF THE RESULTS OF THE
NOVEMBER, 8 2022 GENERAL
MUNICIPAL ELECTION AND
SPECIAL MUNICIPAL ELECTION
_____
RECOMMENDATION
Adopt a resolution declaring and recording a statement of the results of the November 8, 2022 General Municipal Election and Special Municipal Election per Elections Code Sections 10263, 10264, and 15400.
OUTCOME
The resolution will declare the results of the election, as certified by the Santa Clara County Registrar of Voters, and record a statement of:
• That Measure I, the City of San José’s Charter Amendment passed by majority vote; and
• That the following candidates received a majority of all votes cast for such office:
o Office of Councilmember—District 3: Omar Torres
o Office of Councilmember—District 5: Peter Ortiz
o Office of Councilmember—District 7: Bien Doan
o Office of the Mayor: Matt Mahan
BACKGROUND
The City Council adopted Resolution No. 80349 on January 25, 2022 calling for a Primary Municipal Election on June 7, 2022 and a Run-Off Election, if necessary, on November 8, 2022 to elect for the Office of the Mayor and one person each from Office of Councilmember for Council Districts 1, 3, 5, 7, and 9. The Resolution also requested that the County of Santa Clara Board of Supervisors consolidate the City’s elections with the Statewide Primary and Statewide General Elections.
COUNCIL AGENDA: 12/13/2022
FILE: 22-1913
ITEM: 2.32
HONORABLE MAYOR AND CITY COUNCIL
December 9, 2022
Subject: Certification of Election Results for November 8, 2022
In addition, on June 14, 2022, the City Council adopted Resolution No. 80573, calling for a Special Municipal Election to be held on November 8, 2022 to place a measure on the ballot to amend a ballot measure proposal to amend the San José City Charter to add the City’s ethics and elections commission (Board of Fair Campaign and Political Practices) to the Charter; (2) remove requirements that members of the Planning, Civil Service and Salary Setting Commissions be electors and/or citizens; (3) remove gender-specific language; and (4) require the City Council to adopt equity values, standards and assessments in making certain decisions.
All Municipal Elections were consolidated with the County of Santa Clara and held in accordance with established procedures governing the conduct of elections. Under the Elections Code, the County Registrar of Voters has thirty days to certify the results of an election. The City Clerk’s Office received the official certification of results on December 8, 2022.
ANALYSIS
Of the 524,451 voters registered as of October 24, 2022, a total of 250,482 ballots were cast in the City of San Jose. The results as of December 2, 2022 are as follows:
Measure I – Charter Amendments:
Total Votes Percentage of Votes
Yes 136,248 58.03
No 98,684 41.97
Mayor:
Total Votes Percentage of Votes
Matt Mahan 128,260 51.21
Cindy Chavez 122,222 48.79
District 3:
Total Votes Percentage of Votes
Omar Torres 11,645 65.62
Irene Smith 6,100 34.38
District 5:
Total Votes Percentage of Votes
Peter Ortiz 9,060 54.81
Nora Campos 7,470 45.19
HONORABLE MAYOR AND CITY COUNCIL
December 9, 2022
Subject: Certification of Election Results for November 8, 2022
District 7:
Total Votes Percentage of Votes
Bien Doan 9,157 53.79
Maya Esparza 7,868 46.21
EVALUATION AND FOLLOW-UP
A supplemental memorandum with the final certified results will be released after the City of San Jose receives the certification from the County of Santa Clara Registrar of Voters. Approval of this item will declare and record a statement of the election results from the November 8, 2022 General Municipal Election and Special Municipal Election as required under the California Elections Code.
PUBLIC OUTREACH
This action does not meet the criteria for public outreach; however, the Office of the City Clerk will post the item on the City’s website for the December 13, 2022 City Council agenda.
Registered voters in the City of San José received all appropriate ballot materials for the election.
COORDINATION
Preparation of this report has been coordinated with the City Attorney’s Office and the Santa Clara County Registrar of Voters.
COMMISSION RECOMMENDATION/INPUT
No Commission input was solicited as this is a routine item required under the California Elections Code.
CEQA
Not a Project, File No. PP17-008, General Procedure & Policy Making resulting in no changes to the physical environment.
TONI J. TABER, CMC
City Clerk
For questions, please contact Toni J. Taber, City Clerk, at (408) 535-1260.