ACTION:
____________________________
Clerk/Secretary
Department: City Clerk Item No: D2
Prepared by: Kathy Valdez, City Clerk Meeting Date: June 14, 2022 Approved by: Patrick Johnson, City Manager Agenda Location: Discussion SUBJECT: PROCESS TO RESOLVE A TIE VOTE FOR THE NOVEMBER 8, 2022, GENERAL
MUNICIPAL ELECTION
RECOMMENDATION: Discuss the process to resolve a tie vote for the November 8, 2022, General Municipal Election and adopt either:
a.City Council Resolution No. 2022- , providing for the conduct of a special runoff election by all-mail ballot in the event of a tie vote at the November 8, 2022, General Municipal Election; or
b.City Council Resolution No. 2022- , providing for the conduct of a special runoff election in the event of a tie vote at the November 8, 2022, General Municipal Election (stand-alone ballot) CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
PRIOR ACTION: On June 23, 2020, discussed the process to resolve a tie vote for the November 3, 2020 election and decided that a tie vote will be determined by the Elections Board (the County Board of Supervisors) by lot (deciding by chance) (Vote: 4-1, Contreras opposed).
STATEMENT ON THE SUBJECT: California Elections Code Section 15651 provides that a tie vote is to be determined by the Elections Board (the County Board of Supervisors) by lot (deciding by chance), unless the City Council adopts a resolution providing for a Special Runoff Election prior to the election.
Under Elections Code Section 4000.5, a legislative body within San Diego County may choose to conduct an all-mail ballot election to fill a vacancy. Accordingly, the City Council could provide that the Special Runoff Election be held by all-mail ballot. The San Diego Registrar of Voters estimates the cost of holding a special election by an all-mail ballot to be between $300,000 and $500,000, and the cost to hold a special stand-alone election to be between $400,000 and $600,000.
No City Council action is required to provide for a tie vote to be determined by the Elections Board by lot. A City Council Resolution is required to provide for a Special Runoff Election to be held to fill a vacancy on the City Council in the event of a tie vote. If the City Council desires to hold a Special Runoff Election, the City Council must adopt a resolution to call for an all-mail ballot or a stand-alone election.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
06/14/2022 D2 Page 1 of 5
Adopted City Council Resolution No. 2022-99, providing for the conduct of a special runoff election by all-mail ballot in the event of a tie vote at the November 8, 2022, General Municipal Election.
Vote: 5-0
MEETING DATE: JUNE 14, 2022 PAGE 2
SUBJECT: PROCESS TO RESOLVE A TIE VOTE FOR THE NOVEMBER 8, 2022, GENERAL
MUNICIPAL ELECTION
FISCAL IMPACT: Should a tie vote occur on the November 8, 2022, election of two City Council Member seats, there would be no cost for the Elections Board (the County Board of Supervisors) to determine the tie vote by lot. An all-mail ballot election cost is estimated to be between $300,000 and $500,000, and the cost of a stand-alone election is estimated to be between $400,000 and $600,000. Funds are not budgeted for this purpose; should a tie vote occur, and a Special Runoff Election be conducted, staff would return to the City Council with a funding recommendation.
EXHIBITS:
1. City Council Resolution No. 2022- , providing for the conduct of a special runoff election by all-mail ballot in the event of a tie vote at the November 8, 2022, General Municipal Election
2. City Council Resolution No. 2022- , providing for the conduct of a special runoff election in the event of a tie vote at the November 8, 2022, General Municipal Election (stand-alone ballot)
3. Historical record of process used to resolve a tie vote 06/14/2022 D2 Page 2 of 5
00107819 1
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, PROVIDING FOR THE CONDUCT OF A SPECIAL
RUNOFF ELECTION BY ALL-MAIL BALLOT IN THE EVENT OF A TIE VOTE AT THE NOVEMBER 8, 2022, GENERAL MUNICIPAL ELECTION
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. This Resolution is enacted pursuant to the Charter of the City of Vista under authority of Article 11, Section 7 of the California Constitution.
B. Pursuant to City Council Resolution No. 2022-___, a General Municipal Election will be held on November 8, 2022, for the election of municipal officers.
C. The City Council desires to provide for the process to be followed in the event of a tie vote affecting the outcome of that election, and it elects to implement procedures provided in Sections 4000.5 and 15651(b) of the California Elections Code (“Code”).
2. Action
A. Pursuant to Section 15651(b) of the Code, c for an office to be voted for on November 8, 2022, there shall be held within the city a special runoff election to resolve the tie vote. Any special runoff election shall be called and held on a Tuesday not less than 40 or more than 125 days after administrative or judicial certification of the election which results in a tie vote.
B. As provided in Section 4000.5 of the Code, any special runoff election shall be held though an all-mail ballot election. The all-mail ballot election shall be held following such provisions of Sections 4000.5 and Sections 4100-4103 of the Code.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on June 14, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
JUDY RITTER, MAYOR
APPROVED AS TO FORM:
WALTER CHUNG, ASSISTANT CITY ATTORNEY
By: _____________________________
ATTEST:
KATHY VALDEZ, CITY CLERK
By: ____________________________
APPROVED
Walter C. Chung
20220602105707
06/14/2022 D2 Page 3 of 5EXHIBIT 1
00107820 1
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY
OF VISTA, CALIFORNIA, PROVIDING FOR THE CONDUCT OF A
SPECIAL RUNOFF ELECTION IN THE EVENT OF A TIE VOTE AT THE NOVEMBER 8, 2022, GENERAL MUNICIPAL ELECTION (STAND-
ALONE BALLOT)
The City Council of the City of Vista does resolve as follows:
1.Findings. The City Council hereby finds and declares the following:
A.This Resolution is enacted pursuant to the Charter of the City of Vista under authority of Article 11, Section 7 of the California Constitution.
B.Pursuant to City Council Resolution No. 2022-___, a General Municipal Election will be held on November 8, 2022, for the election of municipal officers.
C.The City Council desires to provide for the process to be followed in the event of a tie vote affecting the outcome of that election, and it elects to implement procedures provided in Section 15651(b) of the California Elections Code (“Code”).
2. Action
A.Pursuant to Section 15651(b) of the Code, if two or more persons receive an equal number of votes and those persons have the highest number of votes for an office to be voted for on November 8, 2022, there shall be held within the city a special runoff election to resolve the tie vote. Any special runoff election shall be called and held on a Tuesday not less than 40 or more than 125 days after administrative or judicial certification of the election which results in a tie vote.
3.Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on June 14, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
JUDY RITTER, MAYOR
APPROVED AS TO FORM:
WALTER CHUNG, ACTING CITY ATTORNEY
By: _____________________________
ATTEST:
KATHY VALDEZ, CITY CLERK
By: ____________________________
APPROVED
Walter C. Chung
20220602105707
06/14/2022 D2 Page 4 of 5EXHIBIT 2
History of Process to Resolve a Tie Vote
Run-off
election
Determine by lot
2020 X
2018 X -mail
2016 X-mail
2014 X-mail
2012 X-mail
2010 X
2008 X
2006 X
2004 X
2002 X
2000 X
1998 X
1996 X
1994 X
1992 X
1990 X
1988 X
In the past 17 elections, there have been no tie votes. 06/14/2022 D2 Page 5 of 5EXHIBIT 3