item:

action item

 

20.

CONSIDER ADOPTION OF RESOLUTION 2011-02 – AMENDING RESOLUTION 2010-16 CALLING FOR A MAY 3, 2011 ELECTION IN VOTER DIVISION 1

 

Meeting Date:
January 27, 2011

Budgeted:

No

 

From:

Darby Fuerst,

General Manager

Program/

Line Item No.:

 

N/A

 

 

 

Prepared by:

Arlene Tavani

Cost Estimate:

$133,722

 

General Counsel Review:   Yes

Committee Recommendations:  N/A

CEQA Compliance:  N/A

 

SUMMARY:  On December 13, 2010, the Board of Directors adopted Resolution No. 2010-16, calling for a May 3, 2011 election in Voter Division 1.   May 3, 2011 is set aside under California law as a mailed-ballot election date.  Resolution No. 2010-16 was developed based on a format provided to the District by the Monterey County Elections Department, and was reviewed by the Elections Department prior to consideration by the Board.

 

On December 21, 2011, the Elections Department contacted District staff and advised that Resolution No. 2010-16 was deficient and an amending resolution must be adopted by the District that would specify the following.

 

  • An all-mail ballot is requested for the May 3, 2011 election.
  • The procedure to be followed, should only one person file for candidacy.
  • The method to select a director, should the election result in a tie vote.

 

Attached as Exhibit 20-A is draft Resolution 2011-02 that clarifies the issues raised by the Elections Department.           The resolution is based on rules outlined in California Election Code, Uniform District Election Law and was developed with review by the Elections Department.

 

  • Paragraph 7 of the resolution specifies that according to Election Code section 10002, the District requests a mailed-ballot election.  
  • Paragraph 13 states that according to Uniform District Election Law section 10515, if only one person files for candidacy or no person files for candidacy, the Monterey County Board of Supervisors will appoint the candidate to fill the vacancy in Division 1.
  • Paragraph 15 specifies that according to Uniform District Election Law section 10551, should the election result in a tie vote, the MPWMD Board will resolve the tie by lot and declare the results.

 

 

RECOMMENDATION:   The Board should adopt Resolution 2011-02 that amends Resolution 2010-16, and specifies that: (1) the May 3, 2011 election should be a mailed ballot; (2) if one person or no persons file for candidacy, the Monterey County Board of Supervisors will appoint a person to fill the vacancy in Division 1; and (3) should the mailed-ballot election result in a tie vote, the MPWMD Board will resolve the tie by lot.

 

BACKGROUND:  On November 15, 2010, the Board of Directors received Alvin Edwards’ resignation as representative to Voter Division 1, and voted to conduct an election to fill the vacancy in Division 1.  On December 13, 2010, the Board and authorized an expenditure of up to $157,320 to fund a May 3, 2011 mailed-ballot election or a polling-place election on June 7, 2011 should the Governor call for a special election in June.  The Board also adopted Resolution 2010-16 requesting that the Monterey County Elections Department conduct an election on May 3, 2011 in Voter Division 1.   The Elections Department later concluded that Resolution 2010-16 was deficient, and requested that an amending resolution be submitted.  District Council developed Resolution 2011-02, (Exhibit 20-A) in response.

 

At the December 13, 2010 Board meeting, staff reported that if Governor Brown were to call a special polling-place election for June 7, 2011, the District could consider requesting that the May 3, 2011 election be cancelled and consolidated with the June 7, 2011 election date.   Linda Tulett, Monterey County Registrar of Voters, has advised that the District not request a change to the election date.  She reasoned that any request to consolidate the May 3 election with the June 7, 2011 election would require review by the Department of Justice, which is a 60-day process.   Also, the Elections Department requires that an election be called 88 days prior to the election date.  If the Department of Justice were to approve the change in election date, the District would be billed for work done in preparation for the May 3, 2011 mailed ballot election, and billed again for work associated with conducting a polling-place election on June 7, 2011.    Per direction of the Board at the December 13, 2010 meeting, staff will apprise the Chair and Vice Chair if the Governor does set a June 7, 2011 election date, so that a determination can be made as to whether or not the Board should meet in special session to consider participation in the June 7, 2011 election.

 

IMPACT TO STAFF/RESOURCES:  Funds to pay for this unanticipated special election are not included in the Fiscal Year 2010-2011 budget, and the Contingency fund does not contain a sufficient balance to cover the $157,400 cost.  However, at the annual mid-year budget adjustment in February 2011, money will be transferred from other funds to cover the election cost.

 

EXHIBITS

20-A    Resolution No. 2011-02 Amending MPWMD Ordinance No. 2010-16, Ordering an Election, Requesting County Elections to Conduct the Election, and Requesting Consolidation of the Election

           

 

 

 

 

 

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