April 6, 2004 

 

 

FEASIBILITY OF CONSOLIDATING MUNICIPAL ELECTIONS WITH STATE AND FEDERAL ELECTIONS IN NOVEMBER OF EVEN-NUMBERED YEARS (CONTINUED FROM MARCH 30, 2004)

 

REPORT IN BRIEF

 

This Study Issue item was reviewed and ranked number 2 for the Office of the City Manager by the City Council at its workshop on December 18, 2003. The issue is to explore the feasibility of consolidating municipal elections with state and federal elections in even-numbered years.

 

Staff conducted a research on this topic, which is outlined in the report. Staff has also provided Council with alternatives for its consideration. Staff has no recommendation and requests direction from Council.

 

BACKGROUND

 

Mayor Howe sponsored this study issue in October 2003 for the purpose of achieving potential cost savings to the City.

 

Articles VI and XIV of the City Charter sets the General Municipal Election “in the odd-numbered years on the date established under General Law for the election of governing board members of elementary school districts.” The election of governing board members of elementary school districts is held in November of odd numbered years. Because the date for Municipal Elections is specified in the Charter, an amendment to the Charter is necessary to alter the election date.  An amendment to the City Charter requires a vote of the electorate.

 

Election Code Section 10403.5 (b) states that any change in date upon which the General Municipal Election is held cannot increase or decrease the term of any sitting member of the Council by more than 12 months. Under the current Charter, Council seats 1, 2 and 3 will expire in November 2005 and seats 4, 5, 6 and 7 will expire in November 2007. For example, a change in election date approved prior to November 2005 could result in terms for seats 1, 2 & 3 extending to November 2006.

 

EXISTING POLICY

 

Legislative/Management Sub-Element Goal 7.3 Elections (1): In cooperation with County Registrar of Voters, contain costs of elections as long as the elections process is not adversely affected (i.e., purge voter rolls, limits costs for candidate statements, prevent abuse of absentee ballot process). Support continued state reimbursement of absentee ballot costs.

 

Legislative/Management Sub-Element Goal 7.3 Elections (2): In cooperation with County of Registrar of Voters, support practices that would increase voter turnout in local elections.

 

DISCUSSION

 

For this study, staff took the following approaches and the results are outlined below:

  • A survey was conducted with cities in California
  • Historical data was retrieved regarding the City’s last five elections
  • Current Council’s terms of office were reviewed
  • City and State election codes and regulations were researched and reviewed
  • Cost estimates were obtained from the County Registrar of Voters for a special election in November 2004 and for general elections in even and odd numbered years

SURVEY

 

The City received 33 responses (14 from Santa Clara County) as shown in Attachment A. The results show that many cities hold their regular municipal election in November of even-numbered years. These cities reported benefits in the form of cost savings and higher voter turnout. Conversely, other cities reported that holding their elections separate from the statewide elections allowed voters to focus on the local items/issues on the ballot.

 

HISTORICAL INFORMATION

 

The following data for the City of Sunnyvale was obtained from the County Voter Registrar’s office for purposes of this study.

 

Year Registered Voters Voter Turnout (%)
2003 57,838 15,455 (26.7%)
2001 55,217 10,671 (19.3%)
2000 (Special) 60,189 43,403 (72.1%) (Fluoridation measure)
1999 54,307 12,861 (23.7%)
1998 (Special) 57,420 35,515 (61.9%) (Binding Arbitration)

 

As of February 2004, the number of registered voters in the City has slightly increased from last November to 58,005.  The results of previous election years since 1998 shows the highest voter turnouts of 72.1% and 61.9% during special elections held in 2000 and 1998 respectively (even numbered years), and the lowest voter turnouts of 19.3% and 23.7% during regular elections held in 2001 and 1999 respectively (odd numbered years). In addition, there is a significant fifty percent increase (50%) in voter turnout in 2000 from1999. Although one could assume higher voter turnouts during statewide elections, controversial ballot issues and an increase/decrease in registered voters (possibly due to change in population from economic changes) may have contributed to the voter turnout.

 

Below are election results obtained from the County for cities in Santa Clara County. Voter turnouts were higher in cities that hold elections in even-numbered years.

 

Election Date: General
11/00
General
11/01
General
11/02
Primary
3/02
General
11/03
Campbell 68.7%   48.5%    
Cupertino   31.0%     27.2%
Gilroy   27.4%     31.1%
Los Altos   22.5%     43.4%
Los Altos Hills     69.9%    
Los Gatos 75.4%   57.0%    
Milpitas 66.6%   50.2%    
Monte Sereno 82.1%   63.7%    
Morgan Hill 72.9%   51.0%    
Mountain View 72.0%   52.3%    
Palo Alto   5.9%     40.8%
San Jose 68.6%     45.7%  
Santa Clara 70.3%   51.0%    
Saratoga 79.5%   59.9%    
Sunnyvale   19.3%     26.7%

 

Attached Attachment B is a schedule of local elections by election type for the various agencies and districts that participate in the General, Primary and Uniform District Election Law (UDEL) elections of the County. From this list, there are certainly more agencies/districts that participate in the General elections in even numbered years than in odd-numbered years.

 

COUNCIL TERMS OF OFFICE

 

Election Code Section 10403.5 (b) states that any change in date upon which the General Municipal Election is held cannot increase or decrease the term of any sitting member of the Council by more than 12 months.  If the Council decides to submit a measure on the November 2004 ballot, to change election dates from November of odd numbered years to November of even numbered years, and if it passes, under the new election date, the City’s next general election will be in November 2006. Hence the terms for Council seats 1, 2 and 3 which, under the current election schedule, would have expired in 2005, would be increased by 12 months and will expire in November 2006. Council seats 4, 5, 6 and 7 may be decreased or increased 12 months which could then either expire in November 2006 or 2008.

 

Please note that if the Council were to increase terms for seats 1-3 and also decrease terms for seats 4-7 by one year, expiring in 2006 instead of 2005 and 2007 respectively, that action would result in having all 7 Council seats being elected all in one year. An amendment to Charter Section 601 to declare certain seats four-year terms and others two-year terms would be necessary in order to establish staggered terms.

 

Also note that Charter Section 602 states “no person shall be eligible to serve as a member of the Council for more than two successive four-year elective terms. Any person who has served two successive four-year elective terms shall not serve again until at least four years have passed since that person last held office.  Any person who fills an unexpired term of not more than two years in length shall, however, be eligible to serve two successive four-year terms after the expiration of the unexpired term which he/she filled”. Given this and the City’s current election schedule, the terms of Council Members currently holding seats 1-3 will expire in November 2005. Seats 1 and 2 would not be eligible for another term until 2009 (four years after the year last served) and Seat 3 would be eligible for a second term ending 2009. Terms for seats 4-7 will expire November 2007 and would be eligible for a second four-year term ending 2011.

 

Council Members have the option to serve one-four year term or a maximum of two consecutive four-year terms. If a Council Member chooses to serve only one four-year term, he or she can come back at a future election and chose to serve one four-year term or two consecutive four-year terms.  The City Charter does not have a lifetime maximum, just a two consecutive term maximum.

 

ELECTION COST ESTIMATES

 

Election costs are based on a number of factors such as the number of registered voters, number of participating agencies/districts, number of measures/propositions on the ballot, printing costs due to federally mandated multiple languages, absentee voting, touch screen voting recoup costs, number of candidates and candidate statements, and number of ballot/proposition pages, etc.

 

If the Council approves placing a measure on the ballot this November, the cost for a special election is estimated at approximately $108,000 (see Attachment C). If the ballot measure passes, additional cost would be incurred estimated at approximately $4,500 for mailing and postage to notice all registered voters in the City about the change in election date and Council’s terms of office, as required by Election Code Section 10403.5(e). Other anticipated cost would include staff time for pre and post election related activities.

 

Per the Santa Clara County’s estimate, (Attachment D), costs in an even numbered election year could run from $2.00 to $3.00 per registered voter as compared to $5.00 to $7.00 per registered voter for elections held in odd numbered years, plus Direct Recording Electronic (DRE) costs. (DRE costs are recovery costs for touch screen voting technology, which could run from $0.10 to $0.75 per registered voter).

 

For an estimated 60,000 registered voters in year 2005, election costs could run anywhere between $300,000 to $420,000 plus DRE costs, as compared to election costs for the same number of registered voters in year 2006 of anywhere between $120,000 to $180,000. Actual costs could be significantly less in each case, subject to the contributing factors identified earlier. For example if the City shared the same pool of voters with a school or special district that also participates in the same election, cost per registered voter will be shared with that school or special district and therefore the City’s share could be substantially less.

 

For purposes of comparing election costs in the last five elections held in Sunnyvale, the following data was obtained:

 

Year Registered Voters Actual Voter Turnout Actual Election Costs
2003 57,838 15,455 (26.7%) $167,330
2001 55,217 10,671 (19.3%) $127,918
2000 (Special) 60,189 43,403 (72.1%) $18,122
1999 54,307 12,861 (23.7%) $69,550
1998 (Special) 57,420 35,515 (61.9%) $28,558
 

             

EFFECTS OF CHANGING THE ELECTION DATE

 

The effects of changing the City’s election date to November of even numbered years include the following:

  • Anticipated cost savings
  • Likely higher voter turnout
  • Possible reduction in service from the County in response times due to high volume of participants.
  • Probable longer ballot (potential drop off and voters losing sight/focus of City candidates and issues)

    Due to a large number of agencies/districts participating in the general November even-numbered year elections, the ballots are larger and city issues appear at the end of the ballot. There is also the presence of local candidates/issues competing with county/state/federal campaigns. Hence, there could be a potential drop off of voters. (Voters who tend to not complete their ballots all the way to the end). In discussing this with the County, it was noted that overall the percentage of voter turnout is still higher than elections held in odd-numbered years.
  • A change in Council’s terms of office. 

NEXT STEPS

 

If Council decides to pursue changing the City’s established election date from November of odd numbered years to November of even numbered years, it would be necessary to submit a change in the Charter to the voters. Following are the steps/timelines necessary for this process, assuming a special election in November 2004 to move the 2005 election to 2006:

 

1. Decide upon the specifics of the change and direct that appropriate language be drafted accordingly and returned to Council for consideration in advance of the August due dates.

2. Adopt a resolution calling for a special general election and setting forth the question (measure) to be presented to the voters and the actual change to the charter language; and to consolidate election services with the County of Santa Clara for this special election ( due to County by August 6, 2004)

3. Submit arguments/rebuttals, if any (due to County by August 11 and August 18, 2004).

4. Submit the measure to the voters at a special election (next regularly scheduled election is November 2004)

5. Certify the results of the election on the Charter change

6. If the measure passes, submit the revised Charter language to the Secretary of State for assignment of a Charter chapter number and publication in the state statutes before it officially becomes part of the Charter. Once the Charter language change is official, elections would be held consistent with the new language.

7. Appropriate a budget in fiscal year 2004-05 to cover estimated election costs and related notifications cost.

FISCAL IMPACT 

Currently, there is no election budget proposed for fiscal year 2004-05 because it is an off year under the City’s current election schedule. If Council decides to put a measure in the November 2004 ballot, Council will need to appropriate an expenditure estimated at $108,000 in the 2004-05 budget.  If the proposed measure passes in November, a budget modification will be needed to the 2004-05 budget to cover an additional cost of approximately $4,500 to $6,000 to send notices to all registered voters to advise them of the change in election dates and the change in Council’s terms of office. 

 

PUBLIC CONTACT

 

Public contact was made through posting of the Council agenda on the City’s official notice bulletin board, posting of the agenda and report on the City’s web page, publication of the Council agenda in the San Jose Mercury News, and the availability of the report in the Library and the City Clerk’s Office.  Additional public contact would occur at each stage of the process.

ALTERNATIVES

Continue the City’s current general municipal election to be held on the first Tuesday after the first Monday of November in each odd numbered year, with no changes.

Direct staff to return with proposed language reflecting any changes in election year that Council wishes to consider, in advance of the County’s August deadlines and to appropriate related election expenditures in fiscal year 2004-05 budget. 

RECOMMENDATION

Staff has no recommendation and requests direction from Council.

 

Prepared by:

 

Susan A. Ramos
City Clerk

 

Approved by:

 

Amy Chan
City Manager

 

Attachments

 

1. Survey results (pdf format)
2. County’s Scheduled Local Elections by Election Type (pdf format)
3. County’s estimated cost for a special election in November 2004 (pdf format)

4. County’s estimated cost of elections through FY 2004-05 (pdf format)