DRAFT 6/1/22________
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Council Agenda:
Item No.:
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SUNNYVALE CALLING A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022,
FOR THE ELECTION OF COUNCILMEMBERS TO
DISTRICTS 1, 3, AND 5; REQUESTING CONSOLIDATION
WITH THE STATEWIDE GENERAL ELECTION AND
ELECTION SERVICES FROM THE SANTA CLARA COUNTY
BOARD OF SUPERVISORS; PROVIDING REGULATIONS
FOR CANDIDATES’ STATEMENTS AND DETERMINING TO
LEVY COSTS OF CANDIDATES' STATEMENTS
WHEREAS, Article XIV, Section 1400, of the Charter of the City of Sunnyvale requires that a General Municipal Election to fill elective offices be held on the first Tuesday after the first Monday in November of each even-numbered year, commencing with the year 2016, and the same shall be known as the General Municipal Election; and
WHEREAS, at the March 3, 2020 election, Sunnyvale voters approved Measure B, changing the Sunnyvale electoral system from seven at-large Councilmembers to a system with six district-based Councilmembers and a Mayor elected at-large. In November 2020, Sunnyvale voters elected councilmembers to new districts 2, 4, and 6 and an at-large Mayor. The November 2022 election will complete the City’s transition to district elections by electing councilmembers to districts 1, 3, and 5; and
WHEREAS, pursuant to Part 3 (commencing with Section 10400) of the Elections Code of the State of California, the City’s General Municipal Election may be either completely or partially consolidated; and
WHEREAS, it is desirable to consolidate the General Municipal Election with the Statewide General Election to be held on the same date; to make the city precincts, polling places and election officers of the two elections the same; to have the Registrar of Voters of the County of Santa Clara canvass the returns of the General Municipal Election; and hold the election in all respects as if there were only one election; and
WHEREAS, Section 13307 of the Elections Code of the State of California (“Elections Code”) provides that the City Council may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate’s statement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUNNYVALE THAT:
1. Election Called for November 8 for City Council Districts 1, 3 and 5. Pursuant to Section 1400 of the Charter of the City of Sunnyvale, a General Municipal Election hereby is called to be held in and for the City of Sunnyvale on Tuesday, November 8, 2022, for the purpose of Attachment 1
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Council Agenda:
Item No.:
e l e c t i n g t h r e e C o u n c i l m e m b e r s , e a c h f o r a f u l l t e r m o f f o u r y e a r s , o n e t o t h e o f f i c e o f "Councilmember to District 1," one to the office of "Councilmember to District 3," and one to the office of "Councilmember to District 5." The City has previously delivered to the Santa Clara County Registrar of Voters a map of the City’s districts consistent with California Elections Code Section 10522.
2. Request for Consolidation. Pursuant to the requirements of Part 3 (Consolidation of Elections; §§10400 et seq.) of Division 10 of the Elections Code, the City Council hereby requests the requests the Board of Supervisors of Santa Clara County to completely consolidate the election with the statewide election. The City Council further requests the Board of Supervisors of Santa Clara County to hold and conduct the election in the manner prescribed in Section 10418 of the Elections Code of the State of California and to further provide that the Registrar of Voters canvass the returns of the election.
3. Request for Election Services by County Registrar of Voters. Pursuant to Section 10002 of the Elections Code, the City Council hereby requests the Santa Clara County Board of Supervisors to permit the Registrar of Voters to render services to the City of Sunnyvale relating to the conduct of Sunnyvale’s General Municipal Election to be held on Tuesday, November 8, 2022, and instruct the Registrar of Voters to take all steps necessary to hold the consolidated election.
Services shall be of the type normally performed by the Registrar of Voters assisting municipalities in the conduct of their elections.
4. City Clerk to Coordinate with Registrar of Voters. The City Clerk is authorized, instructed, and directed to coordinate with the County of Santa Clara Registrar of Voters 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 the election.
5. Reimbursement to County for Cost of Election Services. The City of Sunnyvale recognizes that additional costs will be incurred by the County by reason of this consolidation, and agrees to reimburse the County for the cost of services pursuant to California Elections Code Sections 10002 and 10520.
6. Resolution of Tie Votes. Any tie vote shall be resolved “by lot” as provided for in Elections Code Section 15651.
7. Requirements for Candidate Statements. Pursuant to Section 13307 of the Elections Code, each candidate for elective office to be voted for at the General Municipal Election on November 8, 2022, may prepare a candidate statement on an appropriate form provided by the City Clerk. The statement shall be limited to no more than200 words. The statement shall be consistent with requirements of California law for such statements, including that it 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 files their nomination papers. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 pm of the next working day after the close of the nomination period. Candidates shall not be permitted to submit materials other than the candidate's statement with the sample ballot and the voter's pamphlet.
Attachment 1
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Council Agenda:
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8. Translation of Candidates’ Statements. Pursuant to the Federal Voting Rights Act, candidates’ statements will be translated into all languages required by the County of Santa Clara.
The County is required to translate candidate’s statements into the following languages: Spanish, Chinese, Vietnamese and Tagalog. The County will print and mail separate sample ballots and candidates statements in Spanish, Chinese, Vietnamese and Tagalog to only those voters who are on the county voter file as having requested a sample ballot in a particular language. The County will make the sample ballots and candidates statements in the required languages available at all polling places, on the County’s website, and in the Election Official’s office.
9. Costs for Candidates’ Statements. Pursuant to Section 13307 of the Elections Code, the City Council hereby determines to levy against each candidate availing themselves of including a candidate statement in the voter pamphlet, the actual prorated costs of printing, handling, translating, and mailing the candidate’s statements incurred by the City. The County’s estimated cost for the candidate statement is $2,930 for each candidate for District 1, $2,850 for each candidate for District 3 and $2,870 for each candidate for District 5. The candidate shall be required to pay for the cost in advance, at the time his or her nomination papers are filed. The candidate shall be refunded any overage or billed for any additional costs within 30 days of the actual accounting of costs by the Santa Clara County Registrar of Voters. The costs to candidates described in this section are subject to the provisions of Chapter 2.28.030 of the Sunnyvale Municipal Code relating to in-lieu petitions for cost of candidate statements, which the City Clerk shall advise candidates of in writing with each set of nomination papers issued.
10. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
11. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
12. This Resolution shall apply only to the election to be held on Tuesday, November 8, 2022.
13. The City Clerk is hereby directed to file an original copy of this Resolution with the Santa Clara County Board of Supervisors and a certified copy of this Resolution with the County Registrar of Voters of the County of Santa Clara.
Attachment 1
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Council Agenda:
Item No.:
Adopted by the City Council at a regular meeting held on _____________, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
RECUSAL:
ATTEST: APPROVED:
__________________________________ _________________________________ City Clerk Mayor
(SEAL)
APPROVED AS TO FORM:
_____________________________________
City Attorney
Attachment 1