CC - Item 6D - Consideration of Senate Bill 415 and Consolidation with a Statewide Election DateROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BILL R. MANIS, CITY MANAGER,,
DATE: JUNE 27, 2017 C�
SUBJECT: CONSIDERATION OF SENATE BILL 415 AND CONSOLIDATION
WITH A STATEWIDE ELECTION DATE
SUMMARY
Senate Bill 415 (SB 415), is also known as the California Voter Participation Rights Act. SB 415
amended the State Elections Code pertaining to municipal election dates. The bill requires cities
that currently hold standalone municipal elections, to change their election dates to coincide with
statewide election dates, unless voter turnout rates for past standalone elections meet a certain
threshold.
ANALYSIS
The goal of SB 415 is to increase voter turnout rates for municipal elections, which tend to be
lower when such elections are not held concurrently with statewide elections. Elections Code
section 1001 provides that a statewide election is "an election held throughout the state," which
only includes elections held in June and November of even years.
The City of Rosemead currently holds its general municipal elections for City Councilmembers
in March, of odd -numbered years. The next municipal election is scheduled for March 2019. SB
415 prohibits local governments from holding municipal elections on any date other than the date
of a statewide election, if in the past, it has caused "a significant decrease in voter turnout." As
described in this bill, "a significant decrease in voter turnout" has occurred if the voter turnout
rate for a regularly scheduled City election, not held concurrently with a statewide election, is at
least 25% less than the average turnout rate within the City for the previous four statewide
general elections.
Staff has reviewed Rosemead's voter turnout data for the four most recent statewide general
elections on the County Registrar -Recorder website, as well as turnout data for the City's most
recent standalone municipal elections. Below is a chart comparing the turnout rate for
Rosemead's most recent standalone municipal elections to the average turnout rate within the
City for the last four statewide general elections:
ITEM NUMBER: (0 D
City Council Meeting
June 27, 2017
Page 2 of 4
Statewide General Election — Voter Turnout for Rosemead
November 2016 (Presidential Election)
63.09%
November 2014 (Gubernatorial Election)
21.12%
November 2012 (Presidential Election)
56.88%
November 2010 (Gubernatorial Election)
40.38%
Average voter turnout % over 4 statewide
general elections: 45.36%
Minimum voter turnout to avoid statewide cycle:
34.02%
Rosemead General Municipal Election Voter Turnout
March 2017 (General Municipal Election)
Cancelled
March 2015 General Municipal Election)
11.04%
March 2013 (General Municipal Election)
13.37%
March 2011 (General Municipal Election)
14.27%
March 2009 General Municipal Election)
23.00%
Average voter turnout % over 4 general municipal elections: 15.42%
According to Los Angeles County Registrar's past voter participation data, the City of Rosemead
meets the triggering criteria of SB 415. Rosemead's average turnout for the previous four
statewide election dates in November was 45.36%. In order to meet the 25% threshold to keep its
elections on an odd -year cycle, the City's prior municipal elections must have reached a turnout
figure of 75% of this average, or 34.02%.
As the above data illustrates, the voter turnout average for the City's most recent municipal
elections is 15.42%. Since the City experienced a "significant decrease in voter turnout,"
according to the definition in the bill, Rosemead must move its general municipal elections to a
statewide general election date in 2018, 2020, or 2022. SB 415 requires a local jurisdiction take
action to consolidate its election with a statewide election, or by January 1, 2018 adopt a plan to
consolidate its election with the statewide election not later than the November 8, 2022 statewide
general election. The City has had initial discussions with Los Angeles County staff and they
have indicated that they would be able to accommodate the City for the November 2018 election,
but ultimately that decision is left to the Board of Supervisors.
Additionally, pursuant to Elections Code Section 10403.5(b), no term of office may be increased
or decreased by more than 12 months, as a result of an ordinance consolidating elections. This
provision limits the City's options for compliance with SB 415. Statewide elections are held in
June and November of even numbered years. Rosemead's general municipal elections are held in
March of odd numbered years. Therefore, pushing an election date forward to June or November
which would exceed the 12 -month cap imposed by Section 10403.5(b) is prohibited. Staff is
aware of other cities who have been able to increase their Councilmember terms. The reason for
this is that the original election dates for these cities occur in November of odd years or April of
even years. Under the provisions of the Elections code, they are able to increase their terms to
June or November of even numbered years and remain under the 12 -month restriction. There are
also some cities that have not yet taken action on this item, including the cities of Azusa, Temple
City, Norwalk, among others.
City Council Meeting
June 27, 2017
Page 3 of 4
The City appears to have two main options for compliance with SB 415, each would require
reducing term lengths. The City could move elections currently scheduled for March of odd -
numbered years back by four months, so that they are held in November of the preceding even -
numbered years during statewide general elections, or it could move these elections back by nine
months, so that they are held in June of even numbered years during statewide primaries. Both of
these options could be implemented starting 2018, 2020, or 2022.
November Consolidation:
If the City Council approves a November consolidation plan, it could reschedule elections from
March of odd numbered years to November of the preceding even numbered years. Under this
option, those elected in March would have their terms reduced by four months, resulting a three
year, eight month term. This would continue for two election cycles.
The City has the option to hold elections in March 2019, and March 2021, as planned, and
reduce the terms of those elected in the 2019 elections by four months, so that they serve a three
year, eight month term. Under this plan, the offices for Councilmembers that were elected in
2019 would be up for election in November 2022, when the City would hold its first
consolidated election concurrent with the statewide general election. This would meet SB 415's
November 2022, deadline for consolidation. The offices for Councilmembers that were elected in
2021 would also be reduced to three years and eight months and would be up for election in
November 2024. After that, City elections would continue in November of even numbered years
and everyone would serve a full four-year term.
June Consolidation:
The City could alternatively choose to consolidate municipal elections with statewide primaries
held in June of even -numbered years, which qualify as a "statewide election" for the purposes of
SB 415. However, a June consolidation plan would require terms of office to be reduced by nine
months, resulting in a three year and three month term. This would also continue for two election
cycles.
Again, the City has the option to hold elections in March 2019, and March 2021, as planned, and
start consolidating with the June 2022, statewide primaries. Under this plan, Councilmembers
elected in March 2019, would be the first to serve reduced terms of three years and three months,
with their offices up for election in June 2022. The offices of those elected in March 2021, would
also be reduced to three years and three months and would be up for election in June 2024. After
that, City elections would continue in June of even -numbered years and everyone would serve a
full four-year term.
A list of potential options for consolidating future general municipal elections with a statewide
election date is listed in Attachment B. Upon the City Council providing direction, staff will
return at a future City Council meeting with the appropriate ordinance (Attachment C) to
City Council Meeting
June 27, 2017
Page 4 of 4
effectuate the synchronization of the City's general municipal elections with a future statewide
election by the statutory deadline of November 8, 2022.
STAFF RECOMMENDATION
That the City Council discuss the options available and provide direction to staff.
FISCAL IMPACT
The change in future election dates will allow the County of Los Angeles to operate the City's
election. It is anticipated that the County election expenses will be somewhat less than the costs
the City has generally incurred when conducting its own standalone election.
As an example, costs for the 2019 election are estimated to be approximately $90,000 for a
standalone election. The County of Los Angeles has provided an initial cost estimate of
approximately $45,000 (Attachment D) to conduct the consolidated election for the City.
STRATEGIC PLAN IMPACT — None
LEGAL REVIEW
The staff report and proposed options have been reviewed and approved by the City Attorney.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Marc Donohue, City Clerk
Attachment A: Bill Language
Attachment B: Election Date Options
Attachment C: Sample Ordinance Changing the City's General Municipal Election Date
Attachment D: November 2018 Election Cost Estimate
Attachment E: Data from Other Cities
Attachment A
Bill Language
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Senate Bill No. 415
CHAPTER 235
An act to add Chapter 1.7 (commencing with Section 14050) to Division
14 of the Elections Code, relating to elections.
[Approved by Governor September 1, 2015. Filed with
Secretary of State September 1, 2015]
LEGISLATIVE COUNSEL'S DIGEST
SB 415, Hueso. Voter participation.
Existing law generally requires all state, county, municipal, district, and
school district elections be held on an established election date. Existing
law also establishes certain dates for statewide elections. Existing law
requires any state, county, municipal, district, and school district election
held on a statewide election date to be consolidated with a statewide election,
except as provided.
This bill, commencing January 1, 2018, would prohibit a political
subdivision, as defined, from holding an election other than on a statewide
election date if holding an election on a nonconcurrent date has previously
resulted in voter turnout for a regularly scheduled election in that political
subdivision being at least 25% less than the average voter turnout within
the political subdivision for the previous 4 statewide general elections,
except as specified.
This bill would require a court to implement appropriate remedies upon
a violation of this prohibition. The bill would authorize a voter who resides
in a political subdivision where a violation is alleged to file an action in
superior court to enforce this prohibition, and it would allow a prevailing
plaintiff other than the state or political subdivision to collect a reasonable
attorney's fee and litigation expenses, as provided.
The people of the State of California do enact as follows:
SECTION 1. Chapter 1.7 (commencing with Section 14050) is added
to Division 14 of the Elections Code, to read:
CHAPTER 1.7. VOTER PARTICIPATION
14050. This chapter shall be known and may be cited as the California
Voter Participation Rights Act.
14051. As used in this chapter:
(a) "Political subdivision" means a geographic area of representation
created for the provision of government services, including, but not limited
93
Ch. 235 —2—
to,
2—
to, a city, a school district, a community college district, or other district
organized pursuant to state law.
(b) "Significant decrease in voter turnout" means the voter turnout for a
regularly scheduled election in a political subdivision is at least 25 percent
less than the average voter turnout within that political subdivision for the
previous four statewide general elections.
(c) "Voter turnout" means the percentage of voters who are eligible to
cast ballots within a given political subdivision who voted.
14052. (a) Except as provided in subdivision (b), a political subdivision
shall not hold an election other than on a statewide election date if holding
an election on a nonconcurrent date has previously resulted in a significant
decrease in voter turnout.
(b) A political subdivision may hold an election other than on a statewide
election date if, by January 1, 2018, the political subdivision has adopted a
plan to consolidate a future election with a statewide election not later than
the November 8, 2022, statewide general election.
14053. Upon a finding of aviolation of subdivision (a) of Section 14052,
the court shall implement appropriate remedies, including the imposition
of concurrent election dates for future elections and the upgrade of voting
equipment or systems to do so. In imposing remedies pursuant to this section,
a court may also require a county board of supervisors to approve
consolidation pursuant to Section 10402.5.
14054. In an action to enforce subdivision (a) of Section 14052, the
court shall allow the prevailing plaintiff other than the state or political
subdivision of the state, a reasonable attorney's fee consistent with the
standards established in Serrano v. Priest (1977) 20 CAM 25, 48-49, and
litigation expenses including, but not limited to, expert witness fees and
expenses as part of the costs. A prevailing defendant shall not recover any
costs, unless the court finds the action to be frivolous, unreasonable, or
without foundation.
14055. A voter who resides in apolitical subdivision where a violation
of subdivision (a) of Section 14052 is alleged may file an action pursuant
to that section in the superior court of the county in which the political
subdivision is located.
14056. This chapter does not apply to special elections.
14057. This chapter shall become operative on January 1, 2018.
M
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Attachment B
Election Date Options
List of Potential Options to
Synchronize General Municipal Elections with
Statewide General Elections by November 2022
March Elections
The City Council could choose to hold elections in March 2019 and 2021, provided the City is
able to run its own election with the assistance of Martin & Chapman (we may have to find other
options as Martin & Chapman might not be in business in the near future to assist with printing
and providing ballots, precinct supplies, ballot counting and election night services) or if the
County agrees to run the election for the City.
A plan would need to be adopted by the City prior to January 1, 2018 indicating this preference
and outlining the move to a statewide elections not later than November 8, 2022.
November Options
Option 1. Beginning November 2018, synchronize with statewide elections in November of each
even -numbered year, reducing Officeholder terms of office by 4 months.
Beg of End of Term
Term
New End of Term
Two Councilmembers 3/2015 3/2019
11/2018
Three Councilmembers 3/2017 3/2021
11/2020
Option 2. Beginning November 2020, synchronize with statewide elections in November of each
even -numbered year, reducing Officeholder terms of office by 4 months.
Beg of Term End of Regular
Term
New End of Term
Three Councilmembers 3/2017 3/2021
11/2020
Two Councilmembers 3/2019 3/2023
11/2022
Option 3. Beginning November 2022, synchronize with statewide elections in November of each
even -numbered year, reducing Officeholder terms of office by 4 months.
Beg of Term
End of Regular New End of Term
Term
Two Councilmembers 3/2019
3/2023 11/2022
Three Councilmembers 3/2021
3/2025 11/2024
'. The statewide election dates are in June and November of each even -numbered year. (Elections Code § 1001.)
June Options
Option 4. Beginning June 2018, synchronize with statewide elections in June of each even -
numbered year, reducing City Officeholder terms of office by 9 months.
Option 5. Beginning June 2020, synchronize with statewide elections in June of each even -
numbered year, reducing City Officeholder terms of office by 9 months.
Beg of Term
End of Regular
Term
New End of Term
Two Councilmembers
3/2015
3/2019
6/2018
Three Councilmembers
3/2017
3/2021
6/2020
Option 5. Beginning June 2020, synchronize with statewide elections in June of each even -
numbered year, reducing City Officeholder terms of office by 9 months.
Option 6. Beginning June 2022, synchronize with statewide elections in June of each even -
numbered year, reducing City Officeholder terms of office by 9 months.
Beg of Term
End of
Term
Regular
New End of Term
Three Councilmembers
3/2017
3/2021
6/2020
Two Councilmembers
3/2019
3/2023
6/2022
Option 6. Beginning June 2022, synchronize with statewide elections in June of each even -
numbered year, reducing City Officeholder terms of office by 9 months.
Beg of Term End of Regular
Term
New End of Term
Two Councilmembers
3/2019 3/2023
6/2022
Three Councilmembers
3/2021 3/2025
6/2024
Attachment C
Sample Ordinance Changing the City's General
Municipal Election Date
ORDINANCE NO. 2017 -XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING SECTION 1.12.010 OF THE
ROSEMEAD MUNICIPAL CODE RELATING TO MOVING THE CITY'S
GENERAL MUNICIPAL ELECTIONS TO THE FIRST TUESDAY AFTER
THE FIRST MONDAY IN XX OF EACH EVEN -NUMBERED YEAR
BEGINNING IN XX OF 20XX
WHEREAS, the City of Rosemead's (City) general municipal elections are now held on
the first Tuesday following the first Monday in March of odd 7iutribered years; and
WHEREAS, Senate Bill 415 (SB 415) "Voter Participation" prohibits local governments,
beginning January 1, 2018, from holding an election oil any date, other than a statewide election
date if doing so has resulted in voter turnout being at least 25% below the average turnout in that
jurisdiction in the previous four statewide genexal<elections; and
WHEREAS, in accordance with SB 415,�the City has, determine& &hat it must adopt a
transition plan to consolidate its general municipal elections with'a statewide election date to occur
not later than November 8, 2022; and;
WHEREAS, Sections 1301 arie
City Council to reschedule ,it's -general n
office by not more than'12 months; and
first Tuesday after the Firi
XX election;beginning in
AS
1.
California Electiof
from March of od
numbered years to
XX of
Elections Code, authorize the
rease or decrease any terms of
Ls general municipal election to the
years to coincide with the statewide
OF THE CITY OF ROSEMEAD, DOES
roger of Election Day. Pursuant to Sections 1000 and 1301 of the
as of of 20XX, the City' general municipal election shall be moved
;red y& s to the first Tuesday after the first Monday in XX of even-
; withi the statewide XX election.
SECTION 2. Code Amendment. Section 1.12.010 of the Rosemead Municipal Code is
hereby amended to read:
"1.12.010 - General Election
Pursuant to Section 2601 of the California Elections Code and as authorized thereby, the
City general elections shall, commencing on XX of 20XX and henceforth, be held on the first
Tuesday following the first Monday in XX of even -numbered years."
SECTION 3. Adjustment to Terms of Office. In accordance with Sections 1301 and
10403.5 of the California Elections Code, the term of any elected City Officeholder that would
have expired in March 20XX and 20X -X shall, instead, expire in the same manner, but after the
occurrence of the XX 20XX and 20XX general municipal elections established by this Ordinance.
SECTION 4. Consolidated Election. Pursuant to Section 1301 and 10403.5 of the
California Elections Code, the City hereby requests the County of Los Angeles approve this
ordinance and allow for consolidation of the City's general municipal election with the statewide
XX election conducted by the County in XX of each even -numbered year, beginning XX, of 20XX.
SECTION 5. Effective Date. This Ordinance shall become operative upon approval by
the Los Angeles County Board of Supervisors as provided:by:California Elections Code Sections
1301(b)(1) and 10403(a)(1).
SECTION 6. Notice to Voters. Pursuant to Section 10403.5(e) of the California Elections
Code, within 30 days after this Ordinance becomes operative, the City elections official shall cause
notice to be mailed to all registered voters infofniing the voters of the change in the election date
made by this Ordinance and that, as a result of the change in, election date, the terms of office of
City Officeholders will be twill be extended or reduced,by notrnore than 12 months.
SECTION 7. Request to the County. The City'Clerk shall forward a copy of this
Ordinance to the Los Angeles County'Board'of,Supervisors wj(h a request that it be approved
pursuant to California Elections Code Sections 1301 -and 10403.5.
1 11
SECTION 8 Secerability'.Af any section, Subsection, Sentence, clause, or phrase of this
ordinance is for any reason held t6 -be invalid, -6f, -Unconstitutional by a decision of any court of
competent jurisdiction, such ._decision will not affect the validity of the remaining portions of this
ordinance. dee1ares that Ft would have passed this ordinance and each
and every: seetron 'subsection,sentence, clause; or phrase not declared invalid or unconstitutional
without.`regard to whether any portion of the ordinance would be subsequently declared invalid or
SECTION 9. Publication. The City Clerk is directed to certify this ordinance and cause
it to be published -in the manner fe"quired by law.
SECTION 10. EffectrveDate. This ordinance will be effective 30 days after adoption.
PASSED, APPROVED AND ORDAINED this XX day of XX, 2017.
Polly Low, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel Richman, City Attorney Marc Donohue, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF ROSEMEAD )
I, Marc Donohue, City Clerk of the City Council of the City of Rosemead, California, do hereby
certify that the foregoing Ordinance No. XX, was introduced at a regular meeting of the City
Council of the City of Rosemead held on the XX day of XX, 2017 and was adopted by the City
Council of the City of Rosemead at a regular meeting held the XX day of XX, 2017, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
Attachment D
November 2018 Election Cost Estimate
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Attachment E
Data from Other Cities
Data from Other Cities
Cities with Odd March Elections
city
Previous Election Cycle
New Election Cycle
Loss/Gain of Term
Bellflower
Odd March Years
November 2018
Loss of 4 Months
Calabasas
Odd March Years
November 2018
Loss of 4 Months
Monterey Park
Odd March Years
November 2022
Loss of 4 Months
Hidden Hills
Odd March Years
November 2020
Loss of 4 Months
Manhattan Beach
Odd March Years
November 2020
Loss of 4 Months
San Dimas
Odd March Years
November 2022
Loss of 4 Months
Palos Verdes Estates
Odd March Years
November 2020
Loss of 4 Months
San Fernando
Odd March Years
November 2022
Loss of 4 Months
Rolling Hills
Odd March Years
November 2020
Loss of 4 Months
West Hollywood
Odd March Years
November 2018
Loss of 4 Months
Cities with Odd November Elections
city
Previous Election Cycle
New Election Cycle
Loss/Gain of Term
Artesia
Odd November Years
November 2018
Gain of 12 Months
Diamond Bar
Odd November Years
November 2018
Gain of 12 Months
Duarte
Odd November Years
November 2018
Gain of 12 Months
Montebello
Odd November Years
November 2018
Gain of 12 Months
El Monte
Odd November Years
November 2018
Gain of 12 Months
Hawaiian Gardens
Odd November Years
November 2018
Gain of 12 Months
Hawthorne
Odd November Years
November 2018
Gain of 12 Months
South Pasadena
Odd November Years
November 2018
Gain of 12 Months
San Marino
Odd November Years
November 2020
Gain of 12 Months
Agoura Hills
Odd November Years
November 2018
Gain of 12 Months
Bell Gardens
Odd November Years
November 2018
Gain of 12 Months
Rancho Palos Verdes
Odd November Years
November 2020
Gain of 12 Months
Pico Rivera
Odd November Years
November 2018
Gain of 12 Months
West Covina
Odd November Years
November 2018
Gain of 12 Months
Rolling Hills Estates
Odd November Years
June 2018
Gain of 7 Months
Santa Fe Springs
Odd November Years
November 2018
Gain of 12 Months
Westlake Village
Odd November Years
November 2018
Gain of 12 Months
Cities with Even A ril Elections
CityPrevious
Election CycleI
New Election Cycle
Loss/Gain of Term
La Puente
Even April Years
1 November 2018
Gain of 7 Months