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Home My WebLink About04.i. Adopt resolution re November 6, 2012 electionCentral Contra Costa Sanitary District ' ' BOARD OF DIRECTORS ' POSITION PAPER Board Meeting Date: June 7, 2012 subject: ADOPT A RESOLUTION CALLING FOR A NOVEMBER 6, 2012 ELECTION, REQUESTING CONSOLIDATION OF THE ELECTION OF DISTRICT BOARD MEMBERS WITH THE STATEWIDE GENERAL ELECTION, AND SETTING FORTH DISTRICT REGULATIONS FOR CANDIDATE STATEMENTS Submitted By: Elaine R. Boehme, Initiating Dept. /Div.: Administration Secretary of the District REVIEWED AND RECOMMENDED FOR BOARD ACTION: Elaine R. Boehme Secretary of the District Kent Alm, Esq. Ann E. Farrell District Counsel General Manager ISSUE: A resolution calling for the election, requesting consolidation of the election with the statewide election, and setting forth requirements for Candidate Statements must be filed with the Elections Department and the County Board of Supervisors by July 5, 2012. RECOMMENDATION: Adopt a resolution calling for the November 6, 2012 election for the election of three Board Members for four -year terms; requesting consolidation of the election with the statewide election; and setting forth requirements for Candidate Statements. FINANCIAL IMPACTS: The estimated cost for the 2012 election submitted by the Elections Department is $1.50 per registered voter. The estimated number of registered voters in the District as of March 27, 2012 was 196,897 which amounts to a cost of approximately $295,345, if an election is conducted. There will be additional charges for processing and publication of the Notice of Election and Candidate Statements (Attachment 1). With regard to the cost of Candidate Statements, for the 2012 election, the County estimates that each Candidate Statement will cost a total of $3,710. The District's share would be $3,210 per statement if the Board adopts the same regulations as in prior years where the candidate pays the first $500 and the District pays the balance. ALTERNATIVES /CONSIDERATIONS: Statutory provisions (Elections Code Section 10402.5) effectively require the District to consolidate its election when it is held on a statewide election date. District regulations for the payment and size of candidate statements may be modified or reaffirmed, in accordance with Elections Code Section 13307. POSITION PAPER Board Meeting Date: JUNE 7, 2012 Subject: ADOPT A RESOLUTION CALLING FOR A NOVEMBER 6, 2012 ELECTION, REQUESTING CONSOLIDATION OF THE ELECTION OF DISTRICT BOARD MEMBERS WITH THE STATEWIDE GENERAL ELECTION, AND SETTING FORTH DISTRICT REGULATIONS FOR CANDIDATE STATEMENTS BACKGROUND: A District election will be held on November 6, 2012 for the election of three Board Members. The terms of office for Board Members Barbara D. Hockett, Mario M. Menesini and James A. Nejedly end in December, 2012. Election Consolidation Elections Code Section 10402.5 provides that Special Districts shall request that election of their Board Members be held on the same day as a statewide general election. To accomplish that, the Board must adopt a resolution requesting such consolidation and file it with the Board of Supervisors and the County Elections Department. The resolution also calls for the election to be held on November 6, 2012 and establishes requirements for Candidate Statements. Candidate Statements The Board of Directors must reaffirm or modify the District's regulations regarding the word limit, payment of costs, and payment of a deposit for Candidate Statements. In 1996, due to prohibitively high costs compared to other agencies, the Board voted to have the District share in the cost of publication of Candidate Statements. For the 2010 election, the Board re- adopted regulations requiring that candidates pay $500 towards the cost of publication of their Statement at the time of filing their nomination papers; that the balance be paid by the District after the elections costs were deter- mined, and that the Statement be limited to 300 words. If the Statement exceeds 300 words, or the Statement is spaced so that it goes to a second page, the cost is doubled. The Board may consider whether to modify the word limit or to reaffirm current District regulations. Nomination Period The four -week candidate nomination period begins on Monday, July 16, 2012 and ends on Friday, August 10, 2012. If an incumbent does not file, the nomination period is extended 5 calendar days, ending at 5 p.m. on Wednesday, August 15, 2012 for non - incumbents only. A draft resolution is attached for Board consideration (Attachment 2). A certified copy of the final resolution will be delivered to the Contra Costa County Board of Supervisors and the Elections Department. RECOMMENDED BOARD ACTION: Adopt a resolution calling for the November 6, 2012 election, requesting consolidation of the election with the statewide election, and setting forth requirements for Candidate Statements; and direct the Secretary of the District to file the resolution with the Elections Department and County Board of Supervisors. HISTORICAL ELECTION DATA 2012 Registered Who Ran Ballots Oast °% Turnout Election Cost CancUdate Statements Voters $3,710 (estimate) $295.345 (estimate) Candidate to pay $500 196,897 ?? ?? ?? of that amount. ($1.50 per 196,897 Includes Spanish registered voters) translation and 300 word limit 2010 voters *McGill $392,392 (estimated ) (won (won) n $2.00 per registered voter) Est. $4,130 Actual avg. 200,892 Kerr 177,882 66.0% Actual: $162,219 ($0.75 per $3420 (candidate paid Williams registered voter, 200,892 $500) 300 word limit (won) voters) 2008 Registered Voters Who Ran Ballots Cast % Turnout Election Cost Candidate Statements *Hockett NO ELECTION $413.40 ONLY (for Notice Est. $3,850 182,539 *Menesini HE HE HELD N/A of Election and Processing) (Candidate to pay *Nejedly $319,444 (estimate) $500) ($1.75 per registered voter) 300 word limit D a� 0 3 CD 2006 Registered Who Ran Ballots Cast % Turnout i Election Cost Candidate Statements Voters *Boneysteele *Lucey $1 7 ( cents per $2,522 each 201,568 *Hockett 124,415 61.7 $405 (for Notice of Election Est $4,900 (Candidate *Boneysteele $474,823 (estimated) to pay $500) includes 189,929 *Lucey Causey 129,943 69.33 ($2.50 per registered voter) Spanish translation Actual was about McGill $156,668 actual $3,620 per statement 300 word limit 2004 Registered Who Ran Ballots Cast % Turnout Election Cost Candidate Statements ;`Voters *Boneysteele *Lucey $1 7 ( cents per $2,522 each 201,568 *Hockett 124,415 61.7 $405 (for Notice of Election N/A (Candidate would Narcisse and Processing — estimate have paid $500) 178,219 *Nejedly N/A N/A was 95 cents per registered 300 words *Menesini voter) Estimate was $3,420 2002 Registered Voters Who Ran Ballots Cast % Turnout Election Cost Candidate Statements *Boneysteele *Lucey $1 7 ( cents per $2,522 each 201,568 124,415 61.7 registered register ed voo ter g (Candidate paid $500) Narcisse 400 words 191,353 * Incumbent *Hockett *Nejedly *Menesini Narcisse Simmons 155,646 2000 81.3 $95,228 (40 cents per registered voter) $2,154 each (Candidate paid $500) 400 words Attachment 2 RESOLUTION NO. 2012- RESOLUTION OF THE BOARD OF DIRECTORS OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ORDERING THE ELECTION OF DISTRICT BOARD MEMBERS AND REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION, AND SETTING FORTH DISTRICT REGULATIONS RELATING TO CANDIDATE STATEMENTS WHEREAS, California Elections Code Section 10402.5 provides that any district election held on an established statewide election date shall be consolidated with the statewide election; and WHEREAS, California Elections Code Section 10403 provides that whenever an election called by the governing body of a special district, such as the Central Contra Costa Sanitary District, for an office to be filled which is to appear on the same ballot as the statewide election, the District shall, by resolution, request consolidation of elections of its members to be held on the same day as the Statewide General Election; and WHEREAS, Elections Code Section 13307 provides that each candidate for nonpartisan elective office in any local agency, including special districts, may prepare a Candidate Statement on an appropriate form provided by the Elections Official; and WHEREAS, Elections Code Section 13307 further requires that, before the nominating period opens, the District Board must determine whether a charge shall be levied against each candidate submitting a Candidate Statement to be sent to the voters; determine the number of words; may estimate the cost; and determine where the estimate must be paid in advance; and WHEREAS, Elections Code Section 12112 requires the Elections Official of the principal county to publish a notice of the election once in a newspaper of general circulation in the District. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District, that the Board does hereby make the following determination: Section 1. It is ordered that an election be held within the territory included in the Central Contra Costa Sanitary District on the 6th day of November 2012, for the purpose of electing members to the Board of Directors of Central Contra Costa Sanitary District. Section 2. The purpose of the election is to select members of the Board of Directors for three (3) seats for four -year terms beginning December 7, 2012 and ending December 2016. Section 3. The Central Contra Costa Sanitary District hereby requests and consents to the consolidation of this election with other elections which may be held in whole or in part of the territory of the District, as provided in Elections Code 10400. Resolution No. 2012 - Page 2 Section 4. The Central Contra Costa Sanitary District has determined that the candidate and the Central Contra Costa Sanitary District shall share in the cost of publication of the Candidate Statements. The Elections Official has determined that the estimated cost of each Candidate Statement is $3,710. Section 5. Each candidate shall pay $500 for the cost of publication of his /her Candidate Statement at the time of filing nomination papers, and the balance shall be paid by the Central Contra Costa Sanitary District after the election costs have been determined. Section 6. Each Candidate Statement shall be limited to 300 words. Section 7. The Central Contra Costa Sanitary District appoints the Contra Costa County Elections Department as the Elections Official and directs them to publish the Notice of Election in a newspaper of general circulation that is regularly circulated in the territory as required by Elections Code Section 12112. Section 8. The District will reimburse the County for the actual cost incurred by the Elections Official in conducting the District election upon receipt of a bill stating the amount due, as determined by the Elections Official. BE IT FURTHER RESOLVED that the Secretary of the District is hereby authorized and directed to transmit a certified copy of this resolution to the Contra Costa County Board of Supervisors and to the Elections Department of said County. PASSED AND ADOPTED by the Board of Directors of Central Contra Costa Sanitary District this 7t" day of June, 2012, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: COUNTERSIGNED: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California Elaine R. Boehme, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm, Esq. Counsel for the District