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SR-104-086 (4) f: \atty\m u n i\strpts~l\s pecia I election2003. wpd City Council Meeting 12-10-02 U~~J DECl~~ ~~:l.?llt ~5) O(/~ (' Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Resolution Calling for a Speci I Election to Be Held on , 2003, Possibly Using All-Mail Ballots, for the Purpose of Submitting an Initiative Measure to the Voters and Res lutions Requesting Election Services from the Firm of Martin & Chapman Co. and the Board of Supervisors of Los Angeles Cou nty Introduction An initiative measure relating to the landmarkl process has qualified for a special election pursuant to Elections Code Section 9214. Th~ resolutions necessary to order an election are attached to this staff report. Discussion One of the attached resolutions calls for a special election to be held on .,2003, so that the initiative measure amending the M~nicipal Code to require owners' consent for designating properties in Single Family Residential (R-1) Districts as landmarks or structures of merit and for including R-1 parcel~ in historic districts may be submitted to the voters. Other measures may also be submitted. As drafted, that resolution specifies that the election would be conducted using all-maill ballots. A second resolution authorizes the City Clerk to obtain election services from the firm of Martin & Chapman, which is a 1 DEe 1 0 2002 <iC professional election supplier. The third resolution authorizes the City Clerk to obtain election services from the Registrar of Votersl of Los Angeles County. Financial/Budget Impact According to the City Clerk, the estimated cpst of a stand-alone election is $110,000. There are no funds budgeted for a special ~Iection in FY 2002-03. Staff recommends appropriating $110,000 from FY 2001-02 ye~r end savings. This action can be taken in conjunction with mid-year budget actions in ~ebruary. Recommendation If the Council decides to call a Special Election, it should adopt the attached three resolutions. PREPARED BY: Marsha Jones Moutrie, ~ity Attorney Joe Lawrence, Assistant City Attorney Maria Stewart, City Cler ATTACHMENTS: Resolution Calling for A ~pecial Election Resolution Authorizing S rvices from Martin & Chapman Resolution Authorizing S rvices from Los Angeles County 2 f:\atty\mu ni\strpts\mjm\mail ballots. wpd City Council Meeting 12-10-02 ~ 8-C- DEe 1 0 2001 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Ordinance Adding Section 11.0f.185 to the Santa Monica Municipal Code to Allow Mail In Ballots in Speci I Elections and Declaring the Presence of an Emergency Introduction At its meeting of November 26, 2002, the ICouncil directed City staff to prepare an ordinance which would authorize all-mail ballpt special elections in Santa Monica. This staff report and the attached proposed ordin~nce fulfill that directive. Background In an all-mail ballot election, there are no wolling sites on election day. Instead, an absentee ballot is sent to every registered v,*er along with the information pamphlet. A stamped, addressed return envelope is also ~rovided. The mailing takes place no earlier than the 29th day before the election. Voters ~imply fill out their ballots and return them to the City Clerk. Signatures are verified as ~he ballots are received by comparin!~ the signature on the ballot to the signature on th~ voter's registration card. Ballots are then placed in locked boxes until election day whe~ they are sorted by precinct and readied for 1 DEe 1 0 21JJt ~. 9... c, counting when the cut-off time arrives. Aftert*e cut-off for receipt of ballots, all ballots are counted. As a charter city, Santa Monica has the pow$r to establish its own election procedures. This authority is reflected in the City Charter which specifies that municipal elections will be conducted pursuant to state procedures urless local law establishes otherwise. State law authorizes all-mail ballot elections inlspecified, limited circumstances. Elections Code Section 4000 provides that such electio~s may occur if all of the following conditions apply: (1) the governing body authorizes the u~e of mailed ballots; (2) the election does not occur on the same date as a statewide dirept primary or general election; and (3) the election involves certain specified and narrowly limited subjects or very small or specified jurisdictions. State law does not authorize all1mail ballot elections for initiative measures except those dealing with taxes, fees and assessments. Accordingly, local authorization by way of a Municipal Code amendment woyld be required to conduct an all-mail ballot election in Santa Monica on some other topiq. Experience with all-mail ballot elections in ~alifornia is somewhat limited. However, preliminary research shows that a few Calif~rnia cities have conducted such elections pursuant to Elections Code Section 4000. S~ch elections have occurred in Seal Beach and Folsom where they involved voter appro~al of fees or assessments, subject matter specifically authorized by Elections Code Section 4000. Experience with all mail elections outside the context of Elections Code Section ~OOO is apparently even more limited. The 2 City of Burbank has adopted a local law autho~izing all mail elections, and Long Beach has considered adopting such an ordinance. Discussion The attached proposed ordinance is very si~ilar to the ordinance adopted by the City of Burbank. It authorizes the conduct of all maill ballot special elections and provides that if a special election is conducted by mail ballot, Iprocedures specified in the Elections Code shall be followed. Additionally, the ordinancelcontains provisions pertaining to delivl3ring ballots to the City Clerk and verification of sigratures. The City Clerk estimates that the costs of conducting all mail special elections will be comparable to the cost of conducting elect~ons at polling sites, In an all-mail ballot election, there would be no costs for precinctlworkers and polling sites. However, there would be costs for postage and signature verification. It is possible that there would be a substantially higher turnout in an all-mail ballot special election than in a special election conduct$d at polling sites because all-mail ballot elections are more convenient for voters. If turnout is increased by a shift to all,-mail ballots, the cost per voter will decrease. From a legal standpoint, there may be new risks attendant upon an all-mail ballot election. Because experience with the process is limite~, the risks are somewhat difficult to assess. All-mail ballot elections are certainly conv~nient for voters and therefore promote 3 participation. However, the use of polling sit,s, ballot boxes, and voting booths protects voter privacy and the integrity of the election Iprocess in various ways. For instancE~, the prohibition against electioneering within 100 feet of a polling site protects voters against harassment or intimidation, This statutory pr~tection would be inapplicable to an all-mail ballot election Additionally, the likelihood 01 an election challenge might be increased because all ballots would necessarily travel outside the control of the Elections Official during the voting process and all ballots would require signature verification. Any likelihood of increased election challenges could diminish over time as voters and contestants become accustomed to the new system and ~nderstand that the process now applicable to absentee votes also works well in the context of entire elections. The Council needs to balance the benefit of convenience and the likelihood of increased voter turnout against these potential risks. Financial/Budget Impact The adoption of the attached ordinance has no budget impacts. If a stand alone election were held, the City Clerk estimates the cost would be $110,000. 4 Recommendation It is recommended that the City Council adppt the proposed ordinance if it wishes to authorize all-mail ballot elections in Santa Monica. PREPARED BY: Marsha Jones Moutrie, City Attorney ATTACHMENT: Ordinance 5