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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Rachel G. Clark, City Clerk
Subject: Discussion and Possible
Action concerning calling a Special
Election to fill a Vacancy that will
occur in the 4th Ward Council seat
Dept: City Clerk
Date: October 3, 2008
MICC Meeting Date: October 20, 2008
Synopsis of Previous Council Action:
7/10/06: Resolution 2006-237 was adopted accepting the resignation of Third
Ward Council Member Gordon McGinnis and calling for a special
election in the Third Ward and requesting that the Special election be
consolidated with the November 7, 2006 Statewide General Election
Recommended Motion:
That the City Clerk and City Attorney's Office proceed with preparing the required
Resolution(s) to call for a special election to be held in the 4th Ward on Tuesday, March
17,2009, and that such election be conducted by all mail ballot. Further, that the
appropriate Resolution(s) be placed on the December 1, 2008 agenda of the Mayor and
Common Council.
(2~ /J. ~
-
Signature
Contact person: R""h..1 r. r.1"rk
Phnn..' ..yt ~?1n
Supporting data attached:
Yes
Ward: 4th
FUNDING REQUIREMENTS:
Amount: $39,000
Source: (Acct. No.) 001-032-5502
(A~~t njOo~r.rirtinn) I=lpr.tinn~
(Professional/Contractual Services)
Finance:
Council Notes:
~i/I.ntS'-Y ~.;2~
/t:?/.Z"'/Od'
,
Agenda Item No.
~q
//-/7-08
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Submitted by: Rachel G. Clark, City Clerk
Council meeting of October 20, 2008
Subiect:
Discussion and Possible Action concerning calling a Special Election to fill
the vacancy that will occur in the 4th Ward Council seat
Backe:round:
Council member Neil Derry was elected to a seat on the San Bernardino County Board of
Supervisors and he will be assuming office at noon on Monday, December 1,2008.
The vacancy that will be created with the departure of Council member Derry necessitates that a
special election be called to fill his unexpired term. Council member Derry's current term
expires on March I, 20 I O.
Section 14A of the City Charter provides that a vacancy on the Common Council shall be filled
for the unexpired term through the election of a successor Council member. Section 2.56.170 of
the Municipal Code states that the Mayor and Common Council shall call a special election to be
held on a Tuesday, not less than 90 nor more than 180 days following such a call.
If the Mayor and Common Council take action at the December 1,2008 Council meeting to call
a special election, the window for holding the special election falls between March I, 2009 (90th
day) and May 30, 2009 (1 80th day). I recommend that the Mayor and Council consider holding
the special election on Tuesday, March 17,2009, and that it be conducted as a mail ballot
election.
The reason for recommending that the election take place on March 17, is that if the election is
called for March 3 or March 10, the nomination period for either of those two election dates
would end on Christmas Day and New Year's Day, respectively. Whenever a deadline falls on a
holiday, the deadline is automatically extended to the next working day; however, my concern is
that given the fact that the nomination period for either a March 3 or March 10 election would
fall during the height of a holiday season, it may pose a problem for potential candidates in filing
required documents in a timely manner. By holding the special election on March 17, the
nomination period would open on Thursday, December 18,2008 (89th day) and close at noon on
Thursday, January 8, 2009 (68th day), thereby allowing candidates ample time after the holiday
season to file nomination papers, candidate's statements, and other required documents.
I would also recommend that the Mayor and Council consider conducting an all-mail ballot
election, to be conducted by the County Registrar of Voters' Office; however, we would also
I
make accommodations to have one or two polling places in the 4th Ward where those voters who
prefer to go to a polling place would have the opportunity to do that.
The County Registrar of Voters' Office estimates that a mail ballot election would cost
approximately $33,300 compared to an estimated $106,000 to conduct an election that would
require setting up polling places, hiring poll workers, etc. These estimates do not include costs
that would be incurred by this office for publication of election notices, translations, and printing
of candidate materials.
Given the state of the economy and the City's budget, I believe the City would realize
considerable savings if this special election were to be conducted by mail ballots. Coupled with
the cost savings that could be realized with a mail ballot election is the fact that voting by mail is
increasing in popularity and statistics show that a higher voter turnout is realized. Voters do find
it more convenient to vote by mail as they avoid the rush to the polls on Election Day and avoid
lines at the polling place, avoid having to drive to their polling place, and they have the
convenience of voting in the privacy of their homes. Those who vote by mail can also track
delivery of their voted ballot by going to the Registrar of Voters website.
By providing one or two polling places in the 4th Ward, those who prefer the traditional method
of voting would be able to go to a polling place or could go to the County Registrar of Voters
Office to cast their ballot.
Staff and I have met with the Registrar of Voters and her staff and she sees no reason why the
canvass of the special election, ifit were to occur on March 17,2009, could not be completed
soon after the election, thereby giving the new-elected Council member the opportunity to be
sworn into office on Monday, April 6, 2009.
I have placed this item on today's agenda so that the Mayor and Council can provide this office
with direction on how to proceed with planning for the special election. With reduced staffing
levels and the need to provide potential candidates with an election calendar and information
concerning nomination period, etc., it would assist us to know, with as much advance notice as
possible, what your preference is on the matter of holding the election and when it should be
held.
I should also note that there is speculation that the Governor may call a special election in either
March or June of2009. Should he call an election for March, there may be an opportunity to
consolidate our special election with a statewide election and it would reduce our costs even
further. I did place a call to the Governor's Office on October 2 to try to determine whether or
not such an election might be taking place; however, no one on his staff had any information to
share about a possible election and the general feeling among the Registrar's staff is that he will
not call a special election for March.
Given the uncertainty of not knowing whether or not there will be a statewide election in March,
I would like to request that the Mayor and Council approve our request to hold the special
election on March 17, 2009, and that it be conducted by mail ballot election and further direct
2
that together with the City Attorney's Office we prepare the necessary Resolutions for the
December 1,2008 meeting of the Mayor and Council.
Financial Impact: $39,000 for a mail ballot election and $111,000 for a traditional, polling
place election. Funds were allocated in the FY 08/09 budget for an anticipated election in
November 2008; however, such an election was not called. Consequently, there are funds
available in the City Clerk's Elections Division to pay for the cost of this required special
election.
Recommendation:
Motion: That the City Clerk and City Attorney's Office proceed with preparin~ the
required Resolution(s) to call for a special election to be held in the 4' Ward on
Tuesday, March 17,2009, and that such election be conducted by all mail ballot.
Further, that the appropriate Resolution(s) be placed on the December 1,2008
agenda of the Mayor and Common Council.
3
CITY OF SAN BERNARDINO
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
FROM:
Honorable Mayor and Members of the City Council
Rachel G. Clark, City C~ ~
October 20,2008 )j.
TO:
DATE:
RE:
Agenda Item #26 concerning special election in the Fourth Ward
COPIES TO:
City Manager Mark Weinberg, City Attorney James F. Penman;
Assistant City Manager Lori Sassoon; Deputy City Clerks Hartzel,
Ochiqui, and Sutherland
For your discussion of agenda item 26 on today's agenda, I thought it might be helpful to
provide you with the attached statistical information concerning our current number of
registered voters not only in the Fourth Ward, but for the City as a whole.
Attachment A provides you with a breakdown of registered voters in each ward as well as
the number of permanent vote by mail voters, formerly called absentee voters. The 4th
Ward has the second highest number of registered voters (13,393) as of October 13,
2008 and the highest number of permanent vote by mail voters (4,785).
Attachment B provides statistics, covering a span of ten years, that show the percentage
of voters who voted at the polls versus the percentage of those who voted by absentee
mail, now called vote by maiL As the bar graph clearly shows, the number of voters who
opted to vote by mail increased dramatically from 1997 to the November 2007 election.
Attachment C provides you with a more complete comparison of voter turnout at the
polls versus absentee/vote by mail.
Attachment D shows the voter turnout in our neighboring City of Riverside where they
have held mail ballot elections for a number of years.
I hope this information will be helpful to you; however, please do not hesitate to let me
know if you have any questions.
o
o
o
l
TOTAL NUMBER OF REGISTERED VOTERS IN THE
CITY OF SAN BERNARDINO
(as of 10/13/08)
# of Registered # of PVBM*
Voters Voters Percentaoe
Ward 1 7,747 1,635 21.10%
Ward 2 8,204 1,875 22.85%
Ward 3 8,631 2,413 27.96%
Ward 4 13,393 4,785 35.73%
Ward 5 13,876 3,958 28.52%
Ward 6 9,642 2,181 22.62%
Ward 7 11,527 3,533 30.65%
TOTALS: 73,020 20,380 27.91%
. PVBM = Permanent Vote By Mail
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VOTER TURNOUT
1990 TO 2008
-..,.-- .. ..
ELECTION DATE TYPE OF ELECTION VOTER TURNOUT
1-9-1990 Mayor, Wards 4 and 6 - Runoffs 20.0% - Mayor
Mail-in Ballot 40.0% - Ward 4
17.9% - Ward 6
6-5-1990 Ward 7 - Special Election 30.9%
7 -24-1990 Ward 7 - Runoff 14.1%
Mail-in Ballot
21.1% - Ward 1
11-5-1991 Wards 1, 3, 5, 7 23.7% - Ward 3
21.1 % - Ward 5
19.8% - Ward 7
1-14-1992 Ward 3 - Runoff 14.1%
Mail-in Ballot
34.4% - Mayor/Charter
Mayor; Wards 2, 4, 6; Charter Review Review Committee
11-2-1993 31.6%.. Ward 2
Committee (Measure J) 45.0% - Ward 4
26.8% - Ward 6
1-11-1994 Mayor, Ward 2 - Runoffs 22.3% - Mayor
Mail-in Ballot 19% - Ward 2
6-7-1994 Ward 1 Vacancy 37.1%
Public Safety Measure
11-8-1994 (consolidated with State-wide 60.2%
election)
16.9% - Charter
11-7-1995 Wards 1, 3, 5, 7, Charter Amendment 15.9% - Ward 1
16.2% - Ward 3
20.9% - Ward 5
21.5% - Ward 7
1
ITZu /o/<a/()JI
Q~ j;)
o
o
o
. ..
ELECTION DATE TYPE OF ELECTION VOTER TURNOUT
1-9-1996 Ward 7 - Runoff 32.9%
Mail-in ballot
Measure EE- Street Light Assessment
6-17 -1997 District 31.2%
Mail-in Ballot
25.4% - Mayor
11-4-1997 Mayor; Wards, 2, 4, 6 27.6% - Ward 2
36.1 % - Ward 4
17.3% - Ward 6
1-13-1998 Wards 4, 6 - Runoff 36.9% - Ward 4
Mail-in Ballot 18.6% - Ward 6
20.6% - Ward 1
11-2-1999 Wards 1, 3, 5, and 7 22.5% - Ward 3
21.2% - Ward 5
18.0% - Ward 7
Wards 5, 7- Runoff 33.0% - Ward 5
1-11-2000 Mail-in Ballot 33.1% - Ward 7
27.09% - Mayor
11-6-2001 Mayor; Wards 2, 4, 6 26.71% - Ward 2
38.05% - Ward 4
17.39% - Ward 6
1-15-2002 Wards 4, 6 - Runoff 45.5% - Ward 4
Mail-in Ballot 23.9% - Ward 6
Library Bond Measure C
3-5-2002 (consolidated with State-wide 29.78%
election)
Charter Amendments - Measures Q,
11-5-2002 R, and S (consolidated with State- 43.47%
wide election)
2
o
o
o
.,
. .'
,..~- ..
ELECTION DATE TYPE OF ELECTION VOTER TURNOUT
. . - - r<-' . '--." .-,,. . "-~". - . , . y. - _, 4 ,-
21.28% - Measure G
11-4-2003 Wards 1,3, 5, 7, Measure G 25.74% - Ward 1
28.22% - Ward 3
20.01 % - Ward 5
20.30% - Ward 7
1-13-2004 Wards 1, 3, 7 - Runoff 36.9% - Ward 1
Mail-in Ballot 36.6% - Ward 3
32.8% - Ward 7
Charter Measures BB, CC, DD, EE,
11-2-2004 FF, GG, HH, II, JJ, KK, LL, and MM 72.01 %
(Consolidated with State-wide
election)
45.14% - Mayor
11-8-05 Mayor; Wards 2, 4, and 6 41.88% - Ward 2
51.45% - Ward 4
39.14% - Ward 6
1-17-06 Wards 2 and 4 - Runoff 20.62% - Ward 2
Mail-in Ballot 19.78% - Ward 4
11-7-06 Measure L 49.27%
35.9% - Ward 1
6-5-07 Wards 1, 3, 5, and 7 39.5% - Ward 3
Mail-in Ballot 37.9% - Ward 5
28.1% - Ward 7
32.10% - Ward 1
11--6-07 Wards 1, 3, 5, and 7 - Runoff 32.41% - Ward 3
28.38% - Ward 5
21.43% - Ward 7
2-5-08 Measure A 55.5%
g:\c1k\election\turnout
3
CITY OF SAN BERNARIDNO
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
DATE:
Honorable Mayor and Members of the Common Council
Rachel G. Clark, City CIAf1() ,jJJJ ~
l:K'fj'C
November 14,2008
TO:
FROM:
RE:
November 17,2008 Agenda Item #29 concerning Special Election to fill
4th Ward Council seat
At the Council meeting held on October 20, there was consensus that the special election
to fill the vacancy that will be created by the departure of Council member Derry should
take place on March 17, 2009; however, no clear direction was given on whether that
election should be conducted by all mail ballot or in the traditional manner with polling
places.
Although action calling for the special election cannot take place until December I when
the Fourth Ward seat will be vacated, I am hoping that you will give us direction at the
November 17 Council meeting on how you would like to have that election conducted. I
have met with Sf. Asst. City Attorney John Wilson and draft resolutions have been
prepared for your consideration at the December I Council meeting.
On November 13, Deputy City Clerk Sutherland and I met with Registrar of Voters Kari
Verjil and members of her staff to review the steps required to conduct the election by all
mail ballots and we are prepared to go in that direction should the Council opt for that. I
should point out that if the election is to be conducted by all mail ballot, the following
will take place:
o All registered voters in the 4th Ward will be mailed sample ballots and their ballot and
return envelope 29 days before the election, i.e., February 16.
o Ballots returned by mail will go directly to the Registrar of Voters' Office.
o On Election Day, March 17,2009, if a voter has not already mailed hislher voted
ballot, they may go to a polling place that will be designated in the 4th Ward or they
may go to the Registrar of Voters' Office or to the City Clerk's Office, to return the
ballot.
To address the concern for those voters who may not realize until Election Day that they
have either lost or perhaps never received their vote-by-mail ballot, on Election Day they
will be able to go to one of the three sites, i.e., 4th Ward polling place yet to be
determined, City Hall, or the Registrar of Voters' Office, to have a ballot issued. With
regard to selecting the polling location for the 4th Ward, we are looking at such factors as
the polling place that has historically had the highest voter turnout, location, and
accessibility. We have updated the statistics on the total number of registered voters in
the City of San Bernardino and that information is attached to this memo.
We are working closely with the Registrar of Voters' Office to ensure all appropriate
security measures are in place and feel confident that we can conduct a successful mail
ballot election.
I will be happy to address any questions you may have concerning this matter.
TOTAL NUMBER OF REGISTERED VOTERS IN THE
CITY OF SAN BERNARDINO
(as of 11/10/08)
# of Registered # of PVBM*
Voters Voters PercentaQe
Ward 1 8,143 1,814 22.28%
Ward 2 8,614 2,058 23.89%
Ward 3 9,123 2,652 29.07%
Ward 4 13,928 5,107 36.67%
Ward 5 14,749 4,356 29.53%
Ward 6 10,225 2,447 23.93%
Ward 7 12,088 3,814 31.55%
TOTALS: 76,870 22,248 28.94%
. PVBM = Permanent Vote By Mail
16,000
14,000
l!! 12,000
..
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'0
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.!!!
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o
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13# of PVBM
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o
1
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345
WARD
6
7