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HomeMy WebLinkAboutItem 35 - 2024 General Municipal ElectionCity Clerk's Office www.santa-ana.org/city-clerks-office Item # 35 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 4, 2024 TOPIC: 2024 General Municipal Election AGENDA TITLE November 5, 2024 General Municipal Election RECOMMENDED ACTION 1. Adopt a resolution calling and giving notice of the November 5, 2024 General Municipal Election to be held in the City of Santa Ana for the election of certain officers; RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN OFFICERS AS PROVIDED BY THE PROVISIONS OF ARTICLE XII OF THE CHARTER OF THE CITY OF SANTA ANA 2. Adopt a resolution requesting the Orange County Board of Supervisors to consolidate the November 5, 2024 General Municipal Election with the Statewide General Election; and RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 AND 10418 OF THE ELECTIONS CODE 3. Adopt a resolution adopting regulations for candidate statements. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 GOVERNMENT CODE 484308 APPLIES: No 2024 General Municipal Election June 4, 2024 Page 2 DISCUSSION Section 1201 of the City Charter provides that municipal officers shall be elected at a general municipal election to be held on the first Tuesday after the first Monday in November of each even -numbered year, along with the statewide general election. The November 5, 2024 election shall be for the election of a Mayor, for a full two-year term, and for three (3) Councilmember seats, in Ward Nos. 1, 3, and 5, each for full four-year term. Pursuant to the Elections Code and City Charter, the three proposed resolutions are required to be adopted by the City Council prior to the election: i) call and give notice of the November 5, 2024 General Municipal Election for the election of certain officers; ii) request the Board of Supervisors consolidate the election with the statewide general election, and iii) adopt regulations for candidate statements. The nomination/candidate filing period will open at 8:00 a.m. on Monday, July 15, 2024 and close at 5:00 p.m. on Friday, August 9, 2024. If an incumbent does not file, the filing period is extended for other candidates for that seat only to 5:00 p.m. on Wednesday, August 14, 2024. Candidates for Mayor and Councilmember may choose to submit a Candidate Statement to be submitted to the voters as part of the Voter Information Guide and/or posted online. Submittal of a Candidate Statement is optional; those candidates who choose to submit a statement will be charged the cost of translating, printing, handling, and mailing such statement to voters. The Orange County Registrar of Voters has provided the following estimated costs for the 200-word Candidate Statement: Position Printed in Voter Information Guide and Posted Online Posted Online Only Mayor $1,560.16 $509.82 Ward 1 Councilmember $731.33 $509.82 Ward 3 Councilmember $703.11 $509.82 Ward 5 Councilmember $652.67 $509.82 Ballot measures have been, and still may be, placed on the ballot by separate resolution(s), provided the resolution(s) calling the ballot measure(s) election is filed with the Orange County Board of Supervisors and Orange County Registrar of Voters no later than August 9, 2024, but preferably prior to July 19, 2024. FISCAL IMPACT The estimated cost for conducting the November 5, 2024 election is $425,000. Sufficient funds are included in the City Clerk's proposed FY2024/25 General Fund budget, Administration, Contract -Services Professional (no. 01107031 62300) which is being brought forward separately for City Council's consideration. 2024 General Municipal Election June 4, 2024 Page 3 EXHIBIT(S) 1. Resolution — Calling Election 2. Resolution — Requesting Consolidation 3. Resolution — Candidate Statement Regulation Submitted By: Jennifer L. Hall, City Clerk Approved By: Alvaro Nunez, Acting City Manager RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN OFFICERS AS PROVIDED BY THE PROVISIONS OF ARTICLE XII OF THE CHARTER OF THE CITY OF Ry_1ilk IIF_V_1III /_1 WHEREAS, under the provisions of Article XII of the Charter of the City of Santa Ana, a General Municipal Election shall be held on Tuesday, November 5, 2024 for the election of municipal officers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. That pursuant to the requirements of Article XII of the Charter of the City of Santa Ana, there is called and ordered to be held in the City of Santa Ana, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing a Mayor for the full term of two years, and three Members of the City Council, one member to represent each of the following wards: Ward 1, Ward 3, and Ward 6, each for the full term of four years. Section 2. That the ballots to be used at the election shall be in form and content as required by law. Section 3. That the City Clerk is authorized, instructed, and directed to coordinate with the County of Orange 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. Section 4. That the vote centers for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the vote centers shall be closed, pursuant to Election Code §10242, except as provided in §§14212, 14401 of the Elections Code of the State of California. Section 5. 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 6. That 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. Resolution No. 2024-XXX Page 1 of 2 Section 7. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this day of June, 2024. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: N aw'o_ Laura A. Rossini Chief Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2024. Date: Jennifer L. Hall City Clerk, Elections Official City of Santa Ana Resolution No. 2024-XXX Page 2 of 2 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTIONS 10403 AND 10418 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of Santa Ana called a General Municipal Election to be held on November 5, 2024, for the purpose of the election of a Mayor, for a full term of two (2) years, and three (3) Members of the City Council, one member to represent each of the following wards: Ward, 1, Ward 3, and Ward 5, each for a full term of four (4) years; and 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, vote centers, and election officers of the two elections be the same, and that the county election department of the County of Orange canvass the returns of the General Municipal Election and that the election be held in all respects ad if there were only one election; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. That pursuant to the requirements of §§10403 and 10418 of the Elections Code, the Board of Supervisors of the County of Orange 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, for the purpose of the election of a Mayor and three (3) Members of the City Council, one member to represent each of the following wards: Ward 1, Ward 3, and Ward 5. Section 2. That the county election department is authorized to canvass the returns of the General Municipal Election pursuant to the provisions of Elections Code §10411. 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 3. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election. Resolution No. 2024-XXX Page 1 of 3 Section 4. That the City of Santa Ana recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. Section 5. That the City acknowledges that the consolidated election requested by this Resolution will be held and conducted in the manner prescribed by California Elections Code §10418 and, to the extent that anything in this Resolution shall conflict with such provisions, the provisions of Elections Code §10418 shall control and supersede such inconsistent provision(s). Section 6. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Orange. Section 7. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this day of June, 2024. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: N0-w'o_ Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2024-XXX Page 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on .2024. Date: Jennifer L. Hall City Clerk, Elections Official City of Santa Ana Resolution No. 2024-XXX Page 3of3 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 WHEREAS, Section 13307 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 candidate's statement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. GENERAL PROVISIONS. That pursuant to §13307 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 Santa Ana 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 themselves. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the same 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 date after the close of the nomination period, except as provided in §13309 of the Elections Code of the State of California. Section 2. FOREIGN LANGUAGE POLICY. A. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of Orange. The County is required to translate candidate statements into the following languages: Spanish, Vietnamese, Chinese, Korean. B. The Orange County Registrar of Voters shall have all candidate statements translated into the languages specified in Section 2.A. above, print all translations of the candidate statements in the voter information guide, and these translations shall be made available at all vote centers and in the City Clerk's office, upon request. Resolution No. 2024-XXX Page 1 of 3 Section 3. PAYMENT. The City Clerk shall provide the total cost of printing, handling, translating, and mailing the candidate statements filed pursuant to this resolution, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency their pro rata share as a condition of having their statement included in the voter information guide. The City Clerk is not bound by the estimate, and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days following receipt of an invoice from the County of Orange for election services rendered. The Orange County Registrar of Voters has provided the following estimated cost of translating, posting, printing, handling, and mailing of 200-word candidate statements for candidates for elective office in the City of Santa Ana: Position Printed in Voter Information Guide and Posted Online Only Posted Online Mayor $1,560.16 $509.82 Ward 1 Councilmember $731.33 $509.82 Ward 3 Councilmember $703.11 $509.82 Ward 5 Councilmember $652.67 $509.82 Section 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package/voter information guide. Section 5. That the City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating papers are issued. Section 6. That all previous resolutions establishing Council policy on payment for candidate statements are repealed. Section 7. That this Resolution shall apply only to the election to be held on November 5, 2024. Section 9. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this day of June, 2024. Resolution No. 2024-XXX Page 2 of 3 Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: d0-w'o- Laura A. Rossini Chief Assistant City Attorney NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on .2024. Date: Jennifer L. Hall City Clerk, Elections Official City of Santa Ana Resolution No. 2024-XXX Page 3of3