TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Cristal McDonald, City Clerk
PREPARED BY: Kimberly Ramirez, Deputy City Clerk
SUBJECT:
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Resolution Nos. 24-4763 to 24-4765: Calling the November 5, 2024, General Municipal Election for Districts Nos. 3 and 4
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RECOMMENDATION
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Adopt Resolution No. 24-4763 entitled: A Resolution of the City Council of the City of Murrieta, California, Calling for the Holding of a General Municipal Election to be Held on Tuesday, November 5, 2024, for the Purpose of Electing Certain Officers of Said City as Required by the Provisions of the Laws of the State of California Relating to General Law Cities; and, Other Election Matters as Required by Law, to include in the event of a tie vote, the tie will be determined by lot; and
Adopt Resolution No. 24-4764 entitled: A Resolution of the City Council of the City of Murrieta, California, Requesting the Board of Supervisors of Riverside County to Consolidate a General Municipal Election to be Held on November 5, 2024, with the Statewide General Election to be Held on Same Date Pursuant to §10403 of the California Election Code and Other Election Matters as Required by Law; and
Adopt Resolution No. 24-4765 (OPTION A - 200 words) entitled: A Resolution of the City Council of the City of Murrieta, California, Adopting Regulations for Candidates for Elective Office, Pertaining to, and Costs of, Candidate Statements Submitted to the Voters at the Consolidated General Municipal Election to be Held on Tuesday, November 5, 2024; OR
Adopt Resolution No. 24-4765 (OPTION B - 400 words) entitled: A Resolution of the City Council of the City of Murrieta, California, Adopting Regulations for Candidates for Elective Office, Pertaining to, and Costs of, Candidate Statements Submitted to the Voters at the Consolidated General Municipal Election to be Held on Tuesday, November 5, 2024; and
Direct the City Clerk to fulfill any administrative requirements in accordance with the law.
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PRIOR ACTION/VOTE
On June 16, 2020, the City Council adopted Resolution Nos. 2020-4259 to 2020-4261, calling the November 3, 2020, General Municipal Election for District Nos. 3 and 4 (Vote:5-1).
On March 1, 2022, the City Council adopted Ordinance No. 572-22, adopting revised City Council District boundaries (Vote: 5-0).
On June 21, 2022, the City Council adopted Resolution Nos. 22-4593 to 22-4595, calling the November 8, 2022, General Municipal Election for District Nos. 1, 2 and 5 (Vote: 5-0).
On August 24, 2022, the City Council adopted Resolution No. 22-4608, providing for the appointment to the District 1 Office and canceling the election for the District 1 Office (Vote: 4-0-1).
On September 5, 2023, the City Council adopted Ordinance No. 594-23, incorporating the Murrieta Hills Specific Plan into District 1 (Vote: 5-0).
CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.
BACKGROUND
Following Murrieta Municipal Code (MMC) §1.20, Elections, the general municipal elections for the City of Murrieta (City) shall be held on the first Tuesday after the first Monday of November in each even-numbered year. Therefore, the City's next General Municipal Election (Election) shall be held on November 5, 2024. Terms are defined as four (4) years, and elected municipal officers shall serve no more than two (2) consecutive terms in office.
In 2017, the City Council adopted Ordinance No. 522-17, changing the election systems for City Council Members from at-large to by-District. As a result, the November 6, 2018, General Municipal Election began the first phase of the City's transition to District-based City Council Member elections. This included Districts 1, 2, and 5. The November 3, 2020, General Municipal Election completed the City's transition to District-based City Council Member elections for Districts 3 and 4.
On March 1, 2022, in compliance with the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions Act, the City Council adopted Ordinance No. 572-22, which revised boundaries for all Districts. However, the existing terms for each District representative remained the same.
On September 5, 2023, the City Council adopted Ordinance No. 594-23, incorporating the annexation of the Murrieta Hills Specific Plan into District 1.
The California Elections Code (EC) §14052, known as the California Voter Participation Rights Act, provides that political subdivisions 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. In addition, EC §10400 provides that whenever two or more elections are called to be held on the same day, in the same territory, or in territory that is in part the same, they may be consolidated upon the order of the governing body.
City Council representatives for Districts 3 and 4 will be elected for four years at the November 5, 2024, election. The incumbents for District Nos. three (3) and four (4) were elected in 2020; therefore are eligible for a second four (4) year term.
County of Riverside Consolidation Process
To commence the consolidation process, the County of Riverside requests that before June 28, 2024, the City must submit to the County of Riverside Board of Supervisors and the Registrar-Recorder/County Clerk: 1) a resolution calling and giving notice of the November 5, 2024, Election to elect two City Council Members for Districts 3 and 4; 2) request consolidation with the Statewide General Election; and 3) set regulations pertaining to the candidate statements:
Resolution No. 24-4763 (Attachment 1): Calling for the Holding of a General Municipal Election to be Held on Tuesday, November 5, 2024, for the Purpose of Electing Certain Officers of Said City as Required by the Provisions of the Laws of the State of California Relating to General Law Cities; and, Other Election Matters as Required by Law, to include in the event of a tie vote, the tie will be determined by lot.
According to EC §12001, the local agency's governing body shall issue a proclamation or resolution calling the election, adopting Resolution No. 24-4763 meets that obligation. This resolution also provides the procedure to resolve a tie vote. EC §15651 provides that in the event two or more persons receive an equal amount of votes and the highest number of votes, upon the canvass of returns or recount by the court, the City Council can determine a tie vote by lot; or by conducting a special runoff election involving those candidates who received an equal number of votes and the highest number of votes.
Historically, in the event of a tie vote, the City Council has opted to resolve a tie vote by lot, which is included in Resolution No. 24-4763. If the City Council would prefer to hold a special runoff election in the case of tie votes, an alternate resolution and an estimate of the additional cost would be presented for City Council consideration at a later City Council meeting.
Resolution No. 24-4764 (Attachment 2): Requesting the Board of Supervisors of Riverside County to Consolidate a General Municipal Election to be Held on November 5, 2024, With the Statewide General Election to be Held on the Date Pursuant to §10403 of the California Election Code; and, Other Election Matters as Required by Law.
EC §10403, in part, provides that when an election is called by a city, at least 88 days before the date of the election, the city files with the Board of Supervisors and a copy with the elections official, a resolution of its governing board that 1) requests that the city election be consolidated with the statewide election; 2) sets forth the exact form of the question, proposition, or office to be voted upon at the election, as it is to appear on the ballot; and 3) acknowledges that the consolidated election will be held and conducted with procedures same as statewide election (EC §10418). The resolution requesting consolidation shall be adopted and filed at the same time as the adoption of the resolution calling the election. Furthermore, the names of the candidates to appear on the ballot shall be filed with the county elections official no later than 81 days before the election. Adopting Resolution No. 24-4764 meets all applicable obligations.
Resolution No. 24-4765 (Attachment 3): Adopting Regulations for Candidates for Elective Office, Pertaining to, and Costs of, Candidate Statements Submitted to the Voters at the Consolidated General Municipal Election to be Held on Tuesday, November 5, 2024.
The final resolution of the consolidation process pertains to regulations and costs associated with candidate statements. According to EC §13307, each candidate for elective office may prepare a candidate's statement. The statement may include the candidate's name, age, and occupation and a brief description, of no more than 200 words, of the candidate's education and qualifications expressed by the candidate. However, the local agency's governing body may authorize an increase in the limitations on words for the statement from 200 to 400 words.
It is optional for each candidate to submit a candidate statement. However, if the candidate chooses to include a statement in the sample ballot, Resolution No. 24-4765 stipulates that the candidate pays the costs involved in the form of a deposit when the nomination papers are filed. The County of Riverside will provide final costs following the Election; however, based on prior Elections, the deposit for printing each statement will be $400 for 200 words or $600 for 400 words.
The City Clerk is seeking direction on word count. Therefore, Resolution No. 24-4765 presents Option A or Option B. The only difference between both options is the word count.
City Clerk/Local Elections Official Responsibilities
With consolidation, the County of Riverside administers the Election, and the City Clerk is the City's Local Elections Official. The City Clerk retains specific legal and professional responsibilities as the Local Elections Official. Responsibilities include but are not limited to impartiality, public noticing, issuing and accepting nomination papers, candidate statement verification, public exam accessibility, deadline adherence, candidate notifications, and handling of Fair Political Practice Commission (FPPC) filings.
Nomination Period
Division 10, Part 2, Article 2. Nomination of Candidate of the California EC provides the nomination and nomination filing method. Based on EC §§10220 and 10224, the nomination period for the Election opens on Monday, July 15, 2024, at 8:00 AM and closes on Friday, August 9, 2024, at 5:00 PM. All potential candidates will pull and file nomination papers with the City's Local Elections Official/City Clerk during regular office hours, Monday through Friday, 8 AM-5 PM.
If an incumbent does not file, pursuant to EC §10225, the period for the district the incumbent did not file for is extended to Wednesday, August 14, 2024, at 5:00 PM. Incumbents may not file during this extended period.
The issuance and filing of nomination papers can be complex. To ensure clear instructions, the City Clerk will provide potential candidates with an initial 45-60-minute overview of the process during the nomination period. The City Clerk will also provide a candidate handbook. This overview will include issuing nomination papers, qualifying as a candidate, FPPC filings, candidate statements, ballot designation regulations, etc. Therefore, the City Clerk will see potential candidates seeking to pull nomination papers by appointment. Following the initial overview and issuance of nomination papers, the City Clerk personally meets with potential candidates upon filing to ensure that all required documentation is received.
Election Outreach
The City Clerk's role as the City's Local Elections Official includes constituent outreach and education. The City Clerk's Election webpage is updated as part of general outreach, providing resources and dates for those interested.
To solicit candidates, the City Clerk will conduct a multi-media campaign, advertising with local City-affiliated groups, mailers, and various social media outlets, targeting, when feasible, residents in Districts 3 and 4.
In addition, an "Interested in Running for City Council?" presentation will be offered before the nomination period to better inform potential candidates of obligations before the nomination period, after becoming a qualified candidate, and as a Council Member.
FISCAL IMPACT
The City Clerk's FY 2024/25 operating budget for election services includes funding for general ledger account number 1102400-63520 at $120,000.
The County of Riverside estimates the election cost for the two districts to be approximately $100,000.
After receiving the County of Riverside's invoice in 2025, the City Clerk will return to the City Council with a budget increase request (if needed).
ATTACHMENTS
1. Resolution No. 24-4763 Calling the Election
2. Resolution No. 24-4764 Consolidation the Election
3. Resolutions No. 24-4765 Candidate Statements (Options A and B)
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