HomeMy WebLinkAboutStaff Report 9391
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
June 25, 2018
The Honorable City Council
Palo Alto, California
2018 GENERAL MUNICIPAL ELECTION, Tuesday, November 6, 2018
Preliminary Information
RECOMMENDATION
This is an informational report. The Preliminary Information regarding the November 6,
2018, General Municipal Election is attached.
EXECUTIVE SUMMARY
PRELIMINARY INFORMATION RE: GENERAL MUNICIPAL ELECTION
TO BE HELD
ON TUESDAY, NOVEMBER 6, 2018
This is preliminary information for persons interested in the 2018 General Municipal
Election to be held in Palo Alto on Tuesday, November 6, 2018. No official
nomination papers may be issued until the nomination period opens on Monday, July
16, 2018. Prospective candidates, campaign managers, and treasurers are advised to
review the following information. The City Clerk is available to answer any questions.
TIME AND MANNER OF CONDUCTING ELECTIONS
The Palo Alto City Charter, Article III, Council, states:
"Section 3. Time of Election. A regular election shall be held in the City of Palo
Alto on the first Tuesday after the first Monday in November of each even
numbered year, and the same shall be known as the general municipal election.
All other municipal elections that may be called under the authority of this
charter, or by the general laws, shall be known as special elections."
"Section 4. Elections. All elections called and held in said City shall be held and
conducted in manner and form as required by the general laws of the state
governing elections within municipalities, provided that the council may by
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ordinance determine the manner of holding elections, the number of voting
precincts, the naming of election officers, and shall act as a canvassing board to
canvass the results of such election.”
California Elections Code, Section 10418 provides that for a consolidated election, candidate
nominations and all other proceedings incidental to and connected with the election shall be
regulated and done in accordance with the provisions of the law regulating the statewide or
regularly scheduled election.
OFFICES TO BE VOTED ON
Three Council offices for full terms (4 years) commencing January 1, 2019, are to be filled. Terms
of Council Members Tom DuBois, Eric Filseth, and Cory Wolbach will expire December 31,
2018.
QUALIFICATIONS FOR CANDIDATES
The Palo Alto City Charter, Article III, Council, states:
"Commencing July 1, 1971, said council shall be composed of nine members, each of whom
shall be an elector and shall have been a resident of the city of Palo Alto for at least thirty
days next preceding the final filing date for nomination papers for such office. Commencing
January 1, 2019, said council shall be composed of seven members, each of whom shall be
an elector and shall have been a resident of the city of Palo Alto for at least thirty days next
preceding the final filing date for nomination papers for such office. The members of said
council shall be known as councilmen, councilwomen, or council members and their terms
of office shall be four years, commencing on the first day of January next succeeding their
election. The terms of council members who took office on July 1, 1977, shall expire on
December 31, 1981. Commencing January 1, 1992, no person shall be eligible to serve
consecutively in more than two full terms of office as a member of the council. Any partial
term of office longer than two years shall be deemed a full term. Terms of office
commenced before January 1, 1992, shall not be counted when determining eligibility
under this section.
(Amended by Stats. 1965, ACR No. 20 and by Stats. 1965, ACR No. 161 and by Stats. 1972,
Ch. 71, 7-7-72, and by amendment filed with Secretary of State, July 1, 1976 and by
amendment filed with Secretary of State, December 12, 1979 and by amendment filed
with the Secretary of State, January 21, 1992, and amendment passed by electorate
November 4, 2014).”
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A candidate in the 2018 General Municipal Election must reside in Palo Alto as of Saturday,
July 11, 2018, 30 days preceding August 10, 2018, which is the final date for filing nomination
papers.
The Palo Alto Municipal Code Section 2.40.030 states:
"Filing of nomination petitions. Any person otherwise qualified may be a candidate for an
elective office at any election, regular or special, by filing with the clerk within the time
prescribed in the Election Code of California a petition signed by at least twenty-five
qualified and registered voters."
FILING FEES
The City of Palo Alto charges a $25 candidate's fee for filing nomination papers. The Palo
Alto Municipal Code Section 2.40.030 states:
"...Any duly established candidacy filing fee shall be waived for each candidate who files a petition
signed by at least four qualified or registered voters for each dollar of filing fee."
Therefore, in order to waive the $25 candidate's fee, a candidate would need to file a petition
signed by 100 valid registered voters.
Currently, the City of Palo Alto does not charge for candidates' statements.
NOMINATION PERIOD
The California Elections Code, Section 10407, Candidate Filing Time for Elections
Consolidated
with Regularly Scheduled Election, states:
"Notwithstanding any other provision of law, whenever other elections are
consolidated with a regularly scheduled election, the period for the filing of
nomination documents by candidates in elections consolidated with the regularly
scheduled election shall commence on the 113th day prior to the election. The
nomination documents shall be filed not later than the close of business on the 88th
day prior to the regularly scheduled election in the office of the appropriate officer,
during regular office hours."
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The California Elections Code, Section 10225, Time Extension if Incumbent Fails to File,
states:
“Notwithstanding Sections 10220 and 10224, if nomination papers for an incumbent
officer of the city are not filed by or on the 88th day before the election, during normal
business hours, as posted, the voters shall have until the 83rd day before the election
during normal business hours, as posted, to nominate candidates other than the person who
was the incumbent on the 88th day, for that incumbent's elective office.”
“This section is not applicable where there is no incumbent eligible to be elected. If
this section is applicable, notwithstanding Section 10224, a candidate may
withdraw his or her nomination paper until the 83rd day before the election
during normal business hours, as posted.”
Nomination papers and complete information packets will be available from the
City Clerk commencing Monday, July 16, 2016. All candidates should set an
appointment with the City Clerk for both pulling and filing of nomination
paperwork. All forms shall be issued by the City Clerk, shall be stamped "Official
Filing Form," and signed by the Clerk when issued.
The nomination period will close at 5:00 p.m. on Friday, August 10, 2018 except
that if an eligible incumbent elective officer does not file within the period above, the
voters shall have until 5:00 p.m. on Wednesday, August 15, 2018 to nominate candidates
other than incumbents.
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COUNCIL MEMBERS' COMPENSATION
Council Members receive $1,000 per month stipend. The Mayor receives an additional
$150 per month expense allowance, and the Vice-Mayor an additional $100 per
month expense allowance.
CAMPAIGN REPORTING AND FINANCIAL DISCLOSURE
It is incumbent upon every candidate and campaign treasurer to become personally
familiar with the requirements of the laws relating to campaign reporting and financial
disclosure.
DISCLOSURE OF CAMPAIGN RECEIPTS AND EXPENDITURES
The Political Reform Act requires all candidates for state and local elective office, all
state and local elected officeholders, proponents of state ballot measures and
committees supporting or opposing state and local candidates, ballot measures and
petition circulation drives, to file campaign statements disclosing contributions
received and expenditures made. Failure to file the appropriate statements and reports
in compliance with the Act can result in criminal and civil penalties. Failure to file by
the prescribed deadlines also can lead to late filing penalties of $10 per day up to
$100, or the amount stated on the late campaign statement or report, whichever is
greater.
By July 31, 2018, candidates and committees for the November 6, 2018 election must file a
semi-annual statement if they have made any expenditures or received or made any
contributions during the period starting January 1, 2018, or the day after the closing day
of the last statement, if applicable. Closing date of statement is June 30, 2018.
There are no provisions in the law for extension of due dates for filing campaign
statements.
ANONYMOUS CONTRIBUTIONS BETWEEN $50 AND $100
The Palo Alto Municipal Code, Section 2.40.050, states:
"No person shall make an anonymous contribution or contributions to a
candidate, committee, or any other person totaling $50.00 or more in a calendar
year. An anonymous contribution between $50.00 and $100.00 shall not be kept
by the intended recipient, but instead shall be promptly paid to the city clerk for
deposit in the general fund of this city."
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DISCLOSURE OF FINANCIAL INTERESTS
All candidates will be required to file a Statement of Economic Interests Form 700,
reporting investments, interests in real property and, if applicable, business positions
held on the date of filing your nomination papers. In addition, candidates will disclose
income received during the 12 months prior to the date of filing in accordance with
Section 84200, Government Code. This statement, disclosing interests held at the date
of declaration of candidacy, must be filed no later than the final filing date for
declaration of candidacy. The City Clerk will provide forms at the time nomination
papers are issued.
INFORMATION
Questions regarding personal reporting obligations under the Political Reform Act
should be addressed to the Palo Alto City Attorney 650-329-2171, or the Fair
Political Practices Commission, 1100 K Street, Sacramento, CA 95814. Call the Fair
Political Practices Commission (FPPC) toll free at 866-275-3772.
FPPC telephone advice is available Monday through Thursday, 9:00 a.m. to 11:30 a.m.
Department Head: Beth Minor, City Clerk
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