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HomeMy WebLinkAboutItem No. 15 - Cancellation of 2022 ElectionCity Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: TMP 22-394 Agenda Date: 8/23/2022 Status: Approval FinalVersion: 1 File Type: Council Business Item In Control: City Council / Successor Agency Agenda Number: 15) 2022 General Municipal Election - Council Member Districts 1 and 3 Contests 1)Receive and file the Certification that there are not more candidates than offices to be elected for the positions of City Council Member for Districts 1 and 3, for the November 8, 2022 General Municipal Election; and 2)Either: A)Adopt a Resolution to appoint the qualified candidates as elected for Council Member Districts 1 and 3 as a result of having only one qualified candidate for each office during the nomination period for the November 8, 2022, General Municipal Election; or B)Direct the City Clerk as the City’s Elections Official to continue to hold the election for Council Member Districts 1 and 3 with one qualified candidate for each contest for the November 8, 2022, General Municipal Election. Page 1 City of Lake Elsinore Printed on 8/19/2022 Page 1 of 3 REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Jason Simpson, City Manager Prepared by: Candice Alvarez, MMC Date: August 23, 2022 Subject: 2022 General Municipal Election – Council Member Districts 1 and 3 Contests Recommendation 1) Receive and file the Certification that there are not more candidates than offices to be elected for the positions of City Council Member for Districts 1 and 3, for the November 8, 2022 General Municipal Election; and 2) Either: A) Adopt a Resolution to appoint the qualified candidates as elected for Council Member Districts 1 and 3 as a result of having only one qualified candidate for each office during the nomination period for the November 8, 2022, General Municipal Election; or B) Direct the City Clerk as the City’s Elections Official to continue to hold the election for Council Member Districts 1 and 3 with one qualified candidate for each contest for the November 8, 2022, General Municipal Election. Background The City of Lake Elsinore was incorporated in 1888 as a General Law City and, therefore, must adhere to all laws pertaining to the conduct and holding of elections as set forth in the California Elections Code. On February 1, 2018, the City Council adopted the By-District election process, subdividing the City into five districts. Each district is represented by one seat on the City Council. City Council Members for Districts 1 and 3 will be on the ballot. Pursuant to the Lake Elsinore Municipal Code and in accordance with Resolution No. 2022-33 calling for the holding of a General Municipal Election on Tuesday, November 8, 2022, the City is conducting an Election to elect City Council Members for Districts 1 and 3. At the close of the nomination period on Friday, August 12, 2022 at 4:00 p.m., there was only one qualified candidate for each City Council contest. The qualified candidates are Brian Tisdale for District 1 and Tim Sheridan for District 3. Both qualified candidates are incumbents. 2022 General Municipal Election Page 2 of 3 California Elections Code §10229 contains regulations relating to canceling an election if there are no candidates or if fewer candidates qualify than there are open seats by the close of the nomination period. Under this section of the Elections Code, the City Council may do one of the following: (1) Appoint to the office the person who has been nominated. (2) Appoint to the office an eligible elector if no one has been nominated. (3) Hold the election, if either no one or only one person has been nominated. Pursuant to §10229(a), on August 12, 2022, the City Clerk executed a Certification that there are not more candidates than offices to be elected for City Council Member Districts 1 and 3 (Exhibit A). On August 18, 2022, a notice was published in the Press Enterprise (in English and Spanish) advising that there are not more candidates than offices to be filled for City Council Member Districts 1 and 3. The notice advises the City Council may, as a result of this fact: 1. Appoint to the office the person who has been nominated; or 2. Hold the Election. State law provides that, after the fifth day following the above publication, the City Council may appoint the qualified candidates as the City Council Members for Districts 1 and 3 as elected or direct the Election to be held in Districts 1 and 3. If the appointment is made, the appointee shall qualify and take office and serve exactly as if elected to the office and the Election for these offices will be cancelled. Discussion Voters in Districts 1 and 3 nominated and qualified only one candidate for each office during the voter-driven nomination process. Pursuant to State law and City regulations, the City Council may determine to have the Election for City Council Member Districts 1 and 3 or cancel the City’s Election and appoint the qualified candidates. Should the City election be cancelled, there is an estimated savings of approximately $55,000-$75,000 to the City. The next opportunity for voters of Districts 1 and 3 to nominate and elect a candidate at the polls will be in 2026. Under State law, cancellation would eliminate the write-in candidate process for this office because it would no longer be an open position. If the City Council decides to cancel the Election for City Council Member Districts 1 and 3 and appoint the qualified candidates, the attached Resolution (Exhibit B) must be adopted by August 25, 2022 (the 75th day before the Election). If the City Council takes no action on this matter by August 25, 2022 or only takes action to receive and file the Certification, the Election for City Council Member Districts 1 and 3 will proceed in accordance with the California Elections Code. Fiscal Impact Sufficient funds are available for the conduct of the General Municipal Election Budget (100-1100- 5201, Other Outside Services). A savings of approximately $55,000-$75,000 would be realized if the City Council cancels the Election for City Council Districts 1 and 3. 2022 General Municipal Election Page 3 of 3 Exhibits A. Certification of Number of Qualified Candidates B. Resolution CITY OF ,�� LADE � LSI1`IOR�E DREAM E(TREME CERTIFICATION THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE ELECTED FOR CITY COUNCIL MEMBER DISTRICTS 1 AND 3 I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that pursuant to California Elections Code § 10229, to the following facts relating to the General Municipal Election to be held on Tuesday, November 8, 2022: As of the close of the nomination period on August 12, 2022, there are not more candidates than offices to be elected. The persons nominated are District 1 — Brian Tisdale District 3 — Tim Sheridan That§ 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council: 1. Appoint to the office the person who has been nominated. or 2. Hold the Election if either no one or only one person has been nominated. A notice of these facts will be published on Wednesday, August 17, 2022 in the Press Enterprise, a newspaper of general circulation in the city pursuant to § 6061 of the Government Code. After the fifth day following the date of publication, the City Council will meet to either make the appointments or direct an election to be held. The person appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office. If, by the 75th day before the municipal election, no person has been appointed to the office pursuant to (1) above, the election shall be held. If the City Council makes an appointment pursuant to Elections Code § 10229, the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made. Dated: August 12, 2022 C54-"? Candice Alva MMC City Clerk RESOLUTION NO. 2022- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA TO APPOINT THE QUALIFIED CANDIDATES AS ELECTED FOR COUNCIL MEMBER DISTRICTS 1 AND 3 AS A RESULT OF HAVING ONLY ONE QUALIFIED CANDIDATE FOR EACH DISTRICT DURING THE NOMINATION PERIOD FOR THE NOVEMBER 8, 2022, GENERAL MUNICIPAL ELECTION WHEREAS, on April 25, 2022, the City of Lake Elsinore called a General Municipal Election on Tuesday, November 8, 2022 for City Council Members for Districts 1 and 3; WHEREAS, as of the close of the nomination period on August 12, 2022, the City Clerk only received nomination papers for one candidate each to the seats of City Council Member for Districts 1 and 3; WHEREAS, the two candidates are the incumbents for Districts 1 and 3; therefore, the nomination period was not extended; WHEREAS, pursuant to California Elections Code Section 10229, as of the close of the nomination period on August 12, 2022, there were not more candidates than offices to be elected for City Council Member, Districts 1 and 3 and that California Elections Code Section 10229 allows one of the following courses of action to be taken by the City Council: 1. Appoint to the office the person who has been nominated, or 2. Hold the election, if only one person has been nominated for each office; WHEREAS, a notice was published for circulation in the Press Enterprise on Wednesday, August 18, 2022, pursuant to Law; and WHEREAS, a Certificate reciting the facts that there were not more candidates than offices to be elected for the contests for Council Member Districts 1 and 3 was received and filed by the City Council. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES RESOLVE AS FOLLOWS: SECTION 1. The above recitals are true and correct and are a substantial part of this Resolution. SECTION 2. That pursuant to California Elections Code Section 10229, the following action is being taken for the 2022 General Municipal Election for the City of Lake Elsinore: The following persons are being appointed to the office to which they were nominated pursuant to California Elections Code §10229(a)(3): Brian Tisdale Council Member, District 1 Tim Sheridan Council Member, District 3. CC Reso. No. 2022- Page 2 of 2 SECTION 3. The election for Council Member, Districts 1 and 3 scheduled to be held on Tuesday, November 8, 2022 is now cancelled. SECTION 4. The persons appointed shall qualify and take office and serve exactly as if elected at a municipal election for the office. SECTION 5. The City Clerk shall certify to passage and adoption thereof. Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 23rd day of August 2022. Timothy J. Sheridan Mayor Attest: Candice Alvarez, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2022- was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of August 23, 2022 and that the same was adopted by the following vote: AYES: Council Members Magee, Tisdale, and Manos; Mayor Pro Tem Johnson; and Mayor Sheridan NOES: None ABSENT: None ABSTAIN: None Candice Alvarez, MMC City Clerk