HomeMy WebLinkAbout15. Election Tie Vote
AGENDA MEMO
DATE:
July 13, 2010
TO:
Mayor and Members of the City Council
FROM:
Kathleen L. Midstokke, City Clerk
SUBJECT:PROVIDING THE OPTION FOR THE CONDUCT OF A SPECIAL RUNOFF
ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT THE
GENERAL MUNICIPAL ELECTION OF NOVEMBER 2, 2010.
RECOMMENDATION:
That the City Council consider the option of providing for a Special Runoff Election in the event of a tie
vote for a district Council Member at the General Municipal Election of November 2, 1010; and
A.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
Adopt the attached Resolution: “
DOWNEY PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF ELECTION FOR
ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT THE GENERAL MUNICIPAL
ELECTION OF NOVEMBER 2, 2010
”; or
B.
Receive and file this report.
DISCUSSION
This memorandum has been prepared to give the City Council the opportunity, pursuant to California
Elections Code, to adopt a Resolution prior to election day to resolve a tie vote, in the event one
should occur at the General Municipal Election of November 2, 2010, by a Special Runoff Election.
The Charter of the City of Downey, Section 500, provides that ties in voting among candidates shall be
settled according to State law. California Elections Code Section 15651(b) provides that a Special
Runoff Election be held to resolve a tie vote only if the legislative body adopts the provisions of this
Section prior to the conduct of the election resulting in the tie vote.
If the City Council receives and files this memorandum, any potential ties among those candidates
receiving the highest and same number of votes would be resolved by lot. The City Council has
historically adopted similar Resolutions in the past several elections.
FINANCIAL IMPACT
There will be no financial impact to the City’s General Fund unless a Special Runoff Election is
required. Should a tie vote occur and a Special Runoff Election was authorized, the cost would be
approximately $130,000 - $150,000, depending upon the District.
CITY OF DOWNEY, CALIFORNIA
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY PROVIDING FOR THE
CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A
TIE VOTE AT THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 2, 2010.
WHEREAS
, Section 500 of the Charter of the City of Downey provides that ties in voting
among candidates shall be settled according to State law; and
WHEREAS
, Section 15651(b) of the Elections Code of the State of California authorizes
the City Council, by majority vote, to adopt provisions to require the conduct of a Special Runoff
Election to resolve a tie vote involving those candidates who received an equal number of votes
and the highest number of votes for an elective office, prior to the election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1
. That pursuant to Section 15651(b) of the Elections Code of the State of
California, if any two or more persons receive an equal and the highest number of votes for an
office to be voted for within the City, there shall be held within the City a Special Runoff Election
to resolve the tie vote. A Special Runoff Election shall be called and held on a Tuesday not less
than 40 nor more than 125 days after the administrative or judicial certification of the election
which resulted in a tie vote.
SECTION 2
. That this Resolution shall apply only to the General Municipal Election to
be held on Tuesday, November 2, 2010 and shall then be repealed.
SECTION 3
. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED AND ADOPTED
this 13th day of July, 2010.
___________________________________
ANNE M. BAYER, Mayor
ATTEST:
______________________________________
KATHLEEN L. MIDSTOKKE, City Clerk
RESOLUTION NO. 10-
PAGE TWO
I HEREBY CERTIFY
that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 13th day of July, 2010 by the following vote,
to wit:
AYES: Council Members:
NOES: Council Member:
ABSENT: Council Member:
ABSTAIN: Council Member:
KATHLEEN L. MIDSTOKKE, City Clerk