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Home My WebLink About38- City Clerk STAFF REPORT TO: HONORABLE MAYOR TOM MINOR AND MEMBERS OF THE CITY COUNCIL FROM: RACHEL CLARK, CITY CLERK DATE: JUNE 2 , 1993 RE: CALLING OF A SPECIAL ELECTION IN THE FIFTH WARD - TUESDAY, SEPTEMBER 14, 1993 ----------------------------------------------------------------- BACKGROUND INFORMATION: On May 24, 1993, the Mayor and Common Council approved the first reading of an Ordinance which would allow the Mayor and Common Council to call a special election in the event of a vacancy on the Council. The Ordinance also adds a section to the Municipal Code which will permit a special election to be conducted wholly by mail ballots. Before your consideration is a Resolution calling for a Special Election in the Fifth Ward for September 14, 1993 , and I would like your approval to allow the special election to be conducted wholly by mail ballots. I realize that the concept of an all-mail ballot election is totally new to San Bernardino; however, I want to assure the Mayor and Council that my staff and I have thoroughly examined and compared the pros and cons of conducting an all-mail ballot election vs. a conventional election where voters go to the polls and I would like to recommend that for this election only I be permitted to conduct an all-mail ballot election so that we can reduce costs (est. 15% less) and hopefully increase voter turnout. The Fifth Ward presently has 13,000 voters. In both the primary and general elections held this year the Fifth Ward voter turnout was 20% (this included absentee voters) . There were 17 polling places each staffed by an inspector, judge and two clerks as required by the Elections Code. In weighing both sides, we took into consideration cost savings which could be realized; potential of increasing voter turnout; and the feasibility of conducting an all mail ballot election. The feasibility of conducting an all mail ballot election has been discussed not only with representatives from the Cities of Modesto and San Diego who have experience in conducting them, but also with representatives of Sequoia Pacific Systems, the company we contract with to prepare voters' pamphlets, provide election i v Honorable Mayor Tom Minor and Members of the City Council June 2, 1993 Page Two supplies, etc. ; and local postal office representatives. The cities of Modesto and San Diego have conducted all mail ballot elections and in both cases their costs have been lower and there was a significant increase in voter turnout. Information gleaned from conversations with the City Clerk in Modesto and with Elections personnel in San Diego indicate that average voter turnout for conventional elections is between 20- 30%. However, in all mail ballot elections, voter turnout has ranged from 35% to 46% and the cost of conducting these elections have been lower than had they conducted a conventional election. Concerns have been raised about the potential for fraud or abuse. Frankly, in an all-mail ballot election there is more of an opportunity to guard against fraud. Following the City of San Diego's mail ballot election in 1981, City Clerk Charles G. Abdelnour reported that the mail ballot is no more liable to fraud or abuse than a conventional election. The reason stated is that in a mail ballot election, signatures must be verified with the voter's affidavit of registration thereby providing a more comprehensive check against fraud than if a voter were to go personally to the polls. There is presently no requirement that a voter's signature at the polls be verified. Additionally, as properly stated by Mr. Abdelnour, because of voters' mobility, poll workers' personal recognizance of the voters is no longer an adequate safeguard. Another factor to consider in weighing the pros and cons of all mail vs. conventional, is the City staff time required in a conventional election which would be significantly reduced in an all-mail ballot election. For example, over 114 hours in staff time were provided by the Facilities Management and Public Services Department for the May 4 General Election. These 114 hours only account for staff who assisted from these two departments. Other departments, such as Personnel, City Administrator's Office, Mayor's Office, City Attorney's Office, EDA, Police Department, and others provided personnel to assist with the conduct of the Election. The need for these additional personnel would be significantly decreased if not completely eliminated in an all-mail ballot election. w Honorable Mayor Tom Minor and Members of the City Council June 2 , 1993 Page Three Attached are several exhibits which provide you with the cost comparisons of both types of elections, the pros and cons, a summary of discussions/meetings with representatives from other cities; with the local Postmaster, Gary Miller, and with representatives of Sequoia Pacific Systems, Inc. ; and an elections calendar. As I indicated earlier, I realize that the concept I am proposing is new and is a change from the norm; however, I believe that with a single issue, one Ward election, we have the perfect opportunity to try something different in our city -- something that has proven to be very successful in other cities and which has not only saved monies which are becoming increasingly scarce, but at the same time has significantly increased voter participation. I see this as a win-win situation for everyone and hope you will agree with me! I will be ple�ased�to answer any questions you may have. Rachel Clark City Clerk RC:mav Attachments 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL ELECTION IN THE FIFTH WARD OF THE 3 CITY FOR SEPTEMBER 14, 1993 TO FILL THE VACANT COUNCIL SEAT IN SAID WARD AND ESTABLISHING THE NOMINATION PERIOD AS JUNE 17, 1993 4 TO JULY 8, 1993 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. Recitals. 7 A. A vacancy now exists on the Common Council of the City 8 of San Bernardino for the Fifth Ward of the City. 9 B. The Charter of the City requires that such vacancy be 10 filled by election. 11 C. San Bernardino Municipal Code §2. 56. 170 sets forth the 12 procedure for special elections to be held in the City. 13 D. It is desirable that a special election to fill the 14 vacant seat be held at the earliest opportunity so that the 15 citizens of the Fifth Ward not be left without direct 16 representation on the Council for any extended length of time. 17 SECTION 2. Special Municipal Election Called. A special 18 municipal election is hereby called and will be held solely within 19 the Fifth Ward of the City of San Bernardino on Tuesday, September 20 14, 1993, for the purpose of electing a Council Member from the 21 Fifth Ward. 22 SECTION 3. Nomination Period. The nomination period for 23 said election shall be from June 17, 1993 to July 8, 1993. 24 SECTION 4. Conduct of Election. The City Clerk shall 25 publish the Notice of Election, and the list of candidates, shall 26 perform the official canvas and shall conduct the election in 27 accordance with this resolution, tht_ ordinances and Charter of the DAB:km[SPCLELEC.RES] -1- y 1 City and general law. 2 SECTION 5 . Candidate Receiving Highest Number of Votes to be 3 Elected. As provided by San Bernardino Municipal Code 52. 56. 170 4 and subject to the provisions of San Bernardino Municipal Code 5 52. 56. 175, the candidate receiving -,:he highest number of votes at 6 the Special Election and qualifying for the position, shall be 7 elected to the office. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AB:km[SPCLELEC.RES] -2- j RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL ELECTION IN THE FIFTH WARD OF THE 2 CITY FOR SEPTEMBER 14, 1993 TO FILL THE VACANT COUNCIL SEAT IN SAID WARD AND ESTABLISHING THE NOMINATION PERIODS AS JUNE 17, 1993 3 TO JULY 8, 1993 4 5 I HEREBY CERTIFY that the foregoing resolution was duly 6 adopted by the Mayor and Common Council of the City of San 7 Bernardino at a meeting thereof, held on the 8 day of , 1993, by the following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 NEGRETE 11 CURLIN 12 HERNANDEZ 13 OBERHELMAN 14 OFFICE VACANT 15 POPE-LUDLAM 16 MILLER 17 18 City Clerk 19 The foregoing resolution is hereby approved this day 20 of 1993. 21 Tom Minor, Mayor 22 City of San Bernardino 23 Approved as to form and legal content: 24 JAMES F. PENMAN 25 City Attorney 26 BY 27 28 DAB:km[SPCLELEC.RES] -3- r 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL ELECTION IN THE FIFTH WARD OF THE 3 CITY FOR SEPTEMBER 14, 1993 TO FILL THE VACANT COUNCIL SEAT IN SAID WARD AND ESTABLISHING THE NOMINATION PERIOD AS JUNE 17, 1993 4 TO JULY 8, 1993 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. Recitals. 7 A. A vacancy now exists on the Common Council of the City 8 of San Bernardino for the Fifth Ward of the City. 9 B. The Charter of the City :-equires that such vacancy be 10 filled by election. 11 C. San Bernardino Municipal Code 52. 56. 170 sets forth the 12 procedure for special elections to be held in the City. 13 D. It is desirable that a special election to fill the 14 vacant seat be held at the earliest opportunity so that the 15 citizens of the Fifth Ward not be left without direct 16 representation on the Council for any extended length of time. 17 SECTION 2. Special Municipal Election Called. A special 18 municipal election is hereby called and will be held solely with--'n 19 the Fifth Ward of the City of San Bernardino on Tuesday, Septemb, r 20 14, 1993, for the purpose of electing a Council Member from the 21 Fifth Ward. 22 SECTION 3. Nomination Period. The nomination period for 23 said election shall be from June 17, 1993 to July 8, 1993. 24 SECTION 4. Conduct of Election. The City Clerk shall 25 publish the Notice of Election, and the list of candidates, shall 26 perform the official canvas and shall conduct the election in 27 accordance with this resolution, the ordinances and Charter of the 28 DAB:km[SPCLELEC.RES] -1- 1 City and general law. 2 SECTION 5. Candidate Receiving Highest Number of Votes to be 3 Elected. As provided by San Bernardino Municipal Code §2. 56 . 170 4 and subject to the provisions of San Bernardino Municipal Code 5 52. 56. 175, the candidate receiving the highest number of votes at 6 the Special Election and qualifying for the position, shall be 7 elected to the office. 8 SECTION 6. All Mail-Ballot Election. Said Special Municipal 9 Election shall be conducted by all Mail-Ballot pursuant to San 10 Bernardino Municipal Code §2. 56. 171. 11 /// 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DAB:km[SPCLELEC.RES] -2- Z RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CALLING A SPECIAL ELECTION IN THE FIFTH WARD OF THE 2 CITY FOR SEPTEMBER 14, 1993 TO FILL THE VACANT COUNCIL SEAT IN SAID WARD AND ESTABLISHING THE NOMINATION PERIODS AS JUNE 17, 1993 3 TO JULY 8, 1993 4 5 I HEREBY CERTIFY that the foregoing resolution was duly 6 adopted by the Mayor and Common Council of the City of San 7 Bernardino at a meeting thereof, held on the 8 day of , 1993, by the following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 NEGRETE 11 CURLIN 12 HERNANDEZ 13 OBERHELMAN 14 OFFICE VACANT 15 POPE-LUDLAM 16 MILLER 17 18 City Clerk 19 The foregoing resolution is hereby approved this day 20 of 1993. 21 Tom Minor, Mayor 22 City of San Bernardino 23 Approved as to form and legal content: 24 JAMES F. PENMAN 25 City Attorney 26 By: 27 28 DAB:km[SPCLELEC.RES] -3- i DESCRIPTION OF COST CATEGORIES 1. ADVERTISING: Costs for State-mandated legal advertising. As a result of the Voting Rights Extension Act, we are now required to publish bilingually, thereby increasing costs. In a conventional election, in addition to the bilingual publications required for Notice of Election and List of Nominees, we would also be required to publish a list of polling places and precinct board officers. Since there would be no polling places in an all-mail ballot election, the cost of publishing the list of polling places would be eliminated and this is the most expensive legal advertisement with all conventional elections. Estimated Savings Using Mail Ballot: $800 2 . MATERIALS/SUPPLIES: Conventional Election: business reply return envelopes used for election board workers, absentee ballot requests; Notices of Appointment of Election Officers; labels for printing and mailing out absentee ballots; letterhead; #10 envelopes; toner for laser printer. Mail Ballot Election: correspondence would be reduced to a minimum. No need for labels, notices of appointments, absentee ballot requests. Estimated Savings Using Mail Ballot: $250 3 . OVERTIME: Conventional Election: City Clerk' s staff (general employees) are required to work overtime on election day overseeing and serving on the various boards required. Depending on the amount of absentee ballot requests, there is also sometimes a need to have some of them work overtime if there is an unusually high number of absentee ballot requests. Mail Ballot Election: Overtime costs would be eliminated as there would be no need to have general employees work on Election Day. Another factor which must be considered is the amount of hours provided by personnel from various departments. For example, in the May 4 General Election, over 114 hours in staff time were expended by staff in Facilities Management and Public Services. Other departments, such as Personnel, City Administrator's, Public Works, Mayor's Office, City Attorney's Office, EDA, Police Department, and others provided personnel to assist with the conduct of the election. The need for these additional personnel to assist with elections would be significantly decreased, if not # � V Description of Cost Categories Page Two completely eliminated, in an all-mail election. Estimated Savings Using Mail Ballot: $500 (does not include hours/time/cost of services provided by other departments) . 4. POLLING PLACE COSTS Conventional Election: Polling Place Rentals/Custodial Services $ 725.00 (11 rentals x $60 = $660) (Custodial services; 5 x $11.25 = 56.25) Precinct Officers - 17 polling places $3995. 00 17 Inspectors x $70.00 = $1190 17 Judges x $55. 00 = $935 34 Clerks x $55.00 = $1870 (2 clerks per polling place) Mail Ballot Election: No polling places required nor need for precinct officers. Estimated Savings Using Mail Ballot: $4720.00 5. POSTAGE Conventional Election: Postage for mailing out absentee ballots and letters to voters and postage for mailing sample ballot booklets at bulk rates (13, 000 registered voters x . 148 bulk rate) $2500. 00 Mail Ballot Election: Postage costs for mailing sample ballot, official ballot and return business reply envelope. (13, 000 x 47.8 cents) $6500. 00* *For returned voted ballots, additional costs would be added as follows: 25% return (3250 ballots x 29.2 cents) _ $949 30% return (3900 ballots x 29.2 cents) _ $1139 40% return (5200 ballots x 29. 2 cents) _ $1518 6. SUPPORT SERVICES Conventional Election: $16, 100. 00 County Registrar of Voters (rental of voting booths, polling place rosters, permanent absentee labels; miscellaneous supplies) ; Sequoia Pacific Description of Cost Categories Page Three Systems Co. , elections company which prepares and prints voter's information pamphlets; ballots; precinct kits, absentee envelopes (window and I.D. return) ; ballot tabulation and programming; Monarch Constituents, Inc. : computer software consultants for VoteTech Program. Includes telephone support and tape updates for voter registration; Synergistics Mailing Company mails sample ballot booklets. Mail Ballot Election: $16, 600 Support Services would be provided by same companies listed above. Cost of contracting with County Registrar of Voters would be reduced; cost of ballots would increase as in a mail ballot election we would use DATAVOTE ballots with the names of candidates appearing thereon. 7 . TEMPORARY PERSONNEL Conventional Election: $ 4,800. 00 Part time personnel needed to process absentee ballots and recruit polling places and board workers. In a conventional election requests for absentee ballots must be processed; ballots mailed out; and signatures checked when ballots are returned. In a mail ballot election, only ballots returned will be verified. Mail Ballot Election: $3 , 000. 00 Part time personnel needed to verify signatures on returned ballots. . Estimated Savings Using Mail Ballot: $1800.00 ADVANTAGES OF MAIL BALLOT ELECTION IN FIFTH WARD 1. 13000 REGISTERED VOTERS (20% TURNOUT 5/4/93) 2 . ELIMINATES polling places 3 . Eliminates precinct boards ($235 each) 4 . Eliminates training class • staff time to conduct • printing instructions • City staff to distribute supplies 5. Eliminates rental of County equipment • flags • A frames • voting booths 6. Eliminates cost of rosters/indexes for each precinct 7 . Reduces printing/advertising costs 8. Reduces need for part time personnel • to locate polling places • to recruit precinct workers • to process requests for absentee ballots 9 . Reduces amount of precinct boards required on Election Day • Precinct Supplies Reception Board eliminated • Precinct Supplies Unpacking Board eliminated • Ballot Box Inspection Board eliminated 10. Eliminates need for election box supplies and staff time required to inspect, audit, store, distribute 11. Reduces amount of work required to process absentee ballots. For example, when a request for absentee ballot comes, staff goes to ROV to check signature and then we mail ballot. When ballot is returned, another signature check is conducted. In an all mail ballot election, signatures are verified only on returned ballots and they would only be checked once. Even if only 20% were returned in the Fifth Ward, that would mean verification of 2600 signatures. In the last election, over 6000 signatures were verified. 12 . Reduces printing, postage, and advertising costs. • No letters to precinct officers • No issuance of Certificates of Appointment • No need to publish list of polling places (bilingual) • No need to print requests for absentee ballots, instructions . etc. 13. • No need to line out rosters • No need for reserve officers PLAN A: CITY-CONDUCTED -- CONVENTIONAL OR ALL MAIL BALLOT ELECTION 90 DAYS+ - TUESDAY, SEPTEMBER 14 , 1993 1 . RE : SPECIAL ELECTION FILL UNEXPIRED FIFTH WARD COUNCIL SEAT 2 . WHEN: At least 90 days from vacancy created on June 7, 1993 PROPOSED ELECTION DATE: TUESDAY, SEPTEMBER 14, 1993 3 . NOMINATION PERIOD: (89-68 DAYS) Thursday, June 17 - Thursday, July 8 , 1993 4 . BALLOTS MAILED: (40-10 DAYS) Thursday, August 5 - Saturday, September 4 , 1993 5 . REGISTRATION DEADLINE : (29 DAYS) Monday, August 16, 1993 6 . ELECTION DAY: TUESDAY, SEPTEMBER 14 , 1993 (7 A.M. TO 8 P.M. ) ; t 7 . OFFICIAL CANVASS : THURSDAY, SEPTEMBER 16, 1993 8 . SWEARING IN/TAKE OFFICE: MONDAY, SEPTEMBER 20, 1993 9 . TERM OF OFFICE: unexpired term of Tom Minor which ends March 4 , 1996 10 . COMMENTS : If the Council chooses to call for an election prior to the November UDEL election, then my recommendation would be that the City conduct a special election on September 14 , whether it is a conventional election or mail election. The newly-elected councilmember would then take office at the regularly-scheduled Council meeting of September 20, 1993 . II (PA914)