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Home My WebLink AboutE-2 Staff Report - Amending Election Date in Compliance with SB 970SCHEDULED ITEM E-2 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: JEFFREY L. CORNEJO, JR., CITY CLERK ADRIAN GARCIA, MMC, CHIEF DEPUTY CITY CLERK MARCO A. MARTINEZ, CITY ATTORNEY DATE: JUNE 21, 2021 SUBJECT: REPORT REGARDING COMPLIANCE WITH SB 970 AND DISCUSSION AND DIRECTION REQUIRED TO CHANGE MUNICIPAL ELECTION DATES BACKGROUND: In November 2017, the City changed the date of its March general municipal elections from odd-number- years to even-number-years, following the passage of Senate Bill 415 (SB 415). Also known as the California Voter Participation Rights Act (Elections Code Sections 14050-14057), SB 415 amended the state Elections Code pertaining to municipal election dates and required cities that held stand-alone municipal elections on “non concurrent” dates (e.g., March of odd-numbered years) to eventually change their election dates to coincide with statewide election dates, unless voter turnout rates for past standalone elections fall below certain thresholds set forth in the Act. At that time, the statewide primary was held in March of even-numbered years. As a result, the City changed its election date to coincide with the statewide election held the first Tuesday after the first Monday of March of even numbered years to be in compliance with SB 415. Section 2.1 of the Azusa Municipal Code states, in part, “Pursuant to California Elections Code §§ 1301(b) and 14050-14057, and commencing with the March 3, 2020 election, the date of the general municipal election shall be moved from the first Tuesday after the first Monday in March of each odd-numbered year to the first Tuesday after the first Monday in March of each even-numbered year.” Subsequent to the passage of SB 415, the legislature adopted Senate Bill 970 (SB970), which was signed by Governor Newsom on September 18, 2020, and became operative on January 1, 2021. SB 970 moved the March statewide primary to June in non-presidential years, while keeping the March date for presidential election years. Consequently, there is no March, 2022 statewide election. The statewide direct primary is slated for June 4, 2022. In 2024, the statewide primary reverts back to March. Assuming SB 970 is still effective, in 2026, the primary would be held in June. APPROVED CITY COUNCIL 6/21/21 Option 2 selected Amending Election Date June 21, 2021 Page 2 Because SB 415 requires that general municipal elections coincide with statewide primary or general elections, and because the current Azusa Municipal Code establishes the Azusa general election in March of even years only, it is necessary to change the date of the City’s general municipal election once again RECOMMENDATION: Staff recommends the City Council discus and provide staff direction. ANALYSIS: On September 18, 2020, Governor Newsom signed Senate Bill No. 970, which amended Sections of the California Elections Code. This law changes the date of the statewide direct primary election to the first Tuesday after the first Monday in June in even-numbered years in which there is no presidential primary. When there is a presidential primary, the election will be held the first Tuesday after the first Monday in March. In essence, the statewide primary would ping-pong between March and June, depending on whether it was a presidential or gubernatorial election year. This conflicts with the current provisions of the Municipal Code, which establishes the election date as the first Tuesday after the first Monday in March of even numbered years, without regard to whether it was a presidential or gubernatorial election year. As such, the City must change its general municipal election date in order to comply with the provisions of SB 415. OPTION 1 – Amend the Municipal Code to state the general municipal election would be held on the same date as the statewide primary. This option would ensure that whichever date the statewide primary was held, the municipal election would follow, thus ensuring continued compliance with SB 415. However, this option poses some challenges, in that for one election cycle the new Council would be elected in March, while the next election cycle would see Council Members elected in June. Further, the office of Mayor, elected every two years, would see one term that begins in March and ends in June (27 months), with a subsequent term beginning in June and ending in March (21 months). This ping-pong effect, like the primary, may be confusing for voters. Additionally, to effectuate this change, the terms of Council Member Edward J. Alvarez, Council Member Andrew N. Mendez (Appointed Council Member April 6, 2020 to fill Vacancy), City Clerk Jeffrey L. Cornejo, Jr., and City Treasurer Arthur M. Vasquez, Jr., initially extended in 2017 by one year (March 2021 to March 2022), would be extended an additional three months to June, 2022. The Mayor’s term would also extend from March 2022 to June 2022. OPTION 2 – Amend the Municipal Code to state the general municipal election would be held on the same date as the statewide and Presidential general elections. The statewide and Presidential elections are held in November of even-numbered years. By changing the City’s election date to coincide with the November elections, the terms of the Mayor and the City Council would be static, and consist of two or four years, respectively. To make this change, the terms of all Council Members, Mayor, City Clerk and City Treasurer would extend from March of their respective election years to November of their respective election years, as shown below. This option complies with SB 415 and makes the date of the City’s general municipal election consistent for each election cycle. After the transition, terms will revert to the standard four years. Amending Election Date June 21, 2021 Page 3 Start of Term Current End of Term New End of Term Two Councilmembers March 2020 March 2024 November 2024 Two Councilmembers March 2017 March 2022 (SB 415) June 2022 (SB 970) November 2022 Mayor March 2020 March 2022 June 2022 (SB 970) November 2022 City Clerk March 2017 March 2022 (SB 415) June 2022 (SB 970) November 2022 City Treasurer March 2017 March 2022 (SB 415) June 2022 (SB 970) November 2022 Regardless of which option the Council ultimately selects, the Municipal Code must be amended to reflect that change (as there is no election in March 2022, the current Municipal Code language). Following Council discussion, staff will prepare the required Ordinance and present it at the meeting of July 19th. Once the ordinance changing the election date of the City is adopted, the City Clerk must submit the ordinance to the Los Angeles County Board of Supervisors for approval, and send a notice to all voters within thirty days after the Board's approval. FISCAL IMPACT: It is anticipated that County election expenses will be approximately $90,000 for the June 2022 election, and $85,000 for the November 2022 election. It should be stressed that these amounts are estimates at this time, as these amounts could be less due to potential cost-sharing between those agencies sharing items on the ballot in November 2022. In addition, the City is required to mail a notice of the election date change to every registered voter in the City. The one-time noticing cost is not expected to exceed $10,000. $110,000 of election budget was included in the FY 2020-21 Approved Budget. Depending on which month the Council picks for the election, the budget will be available in FY 2021-22 and Staff will carryforward the budget to FY 2022- 23 if necessary. Prepared by: Prepared by: Adrian Garcia, MMC Marco A. Martinez Chief Deputy City Clerk City Attorney Reviewed and Approved: Reviewed and Approved: Nico De Anda-Scaia Sergio Gonzalez Deputy City Manager City Manager