DISCUSSION

Section 1400 of the Sunnyvale City Charter requires that the General Municipal Election to fill City elective offices be held in odd-numbered years on the date established under General Law for the election of governing board members of elementary school districts.  This year the date is Tuesday, November 8, 2005. 

The nomination period for the 2005 Uniform District Election Law (UDEL) election opens on Monday July 18 and closes at 5:00 p.m. on Friday August 12, except if an eligible incumbent does not file within the period, the voters shall have until 5 p.m. on Wednesday, August 17 to nominate candidates other than incumbents.  

Council seats to be filled at this General Municipal Election are Seat Nos. 1, 2 and 3.  Councilmember Fowler (Seat No. 1) and Councilmember Miller (Seat No. 2) have served two full terms and in accordance with Sunnyvale City Charter Section 602/Qualifications, are ineligible to run. Councilmember Howe (Seat No. 3) is eligible for re-election (Charter Section 601). 

If the consolidation of election services with the County Registrar of Voters is approved, the City’s responsibilities would include: the receipt and processing of candidate nomination papers and statements; forwarding of candidates’ statements to the County for printing, translation and mailing to the voters; forwarding any absentee voter applications and write-in declarations received by the City Clerk’s Office to the Registrar of Voters; publication of notices of election, nominees and polling places; publication of list of persons contributing $100 or more to any candidate’s campaign; and distribution and receipt of Fair Political Practices Commission documents.

The County Registrar of Voters estimates the cost of candidate statements at approximately $1225 plus cost of ballot printing for five languages (unknown at this time). However, the Sunnyvale Municipal Code (Chapter 2.28) allows for the fee to be waived if the candidate submits 250 valid signatures, and prorated if less valid signatures are submitted. 

FISCAL IMPACT

The estimated cost of conducting the 2005 UDEL Municipal Election through the County of Santa Clara is estimated to be in the range of $195,000 to $390,000, or $3.00 to $6.00 per voter and is based on shared costs with other jurisdictions. The proposed FY 2005/06 budget reflects an estimated cost of $197,000 based on actual costs of the last election.  Staff is not requesting a budget modification at this time.  Following the election the County will determine the true costs and will bill the City for its pro-rata share.  Should the costs exceed the approved budget figure, staff will return to Council to request additional funds for Program 736.
 
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.

ALTERNATIVES

1. Adopt the resolution calling the General Election for November 8, 2005 and request consolidation of Election Services of the Registrar of Voters

2. Take no action.

RECOMMENDATION

Staff recommends Alternatives 1, Council call the election and request consolidation with the County. 

Reviewed by:

Robert Walker
Assistant City Manager
Prepared by: Susan A. Ramos, City Clerk 

Approved by:

Amy Chan
City Manager  

Attachments
Attachment A – Election Calendar
Attachment B – Resolution