HomeMy WebLinkAboutStaff Report 6686
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
June 20, 2016
The Honorable City Council
Palo Alto, California
2016 GENERAL MUNICIPAL ELECTION, Tuesday, November 8, 2016
Preliminary Information
RECOMMENDATION
This is an informational report. The Preliminary Information regarding the November 8, 2016,
General Municipal Election is attached.
EXECUTIVE SUMMARY
PRELIMINARY INFORMATION RE GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 8, 2016
This is preliminary information for persons interested in the 2016 General Municipal Election to
be held in Palo Alto on Tuesday, November 8, 2016. No official nomination papers may be
issued until the nomination period opens on Monday, July 18, 2016. 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
ordinance determine the manner of holding elections, the number of voting
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precincts, the naming of election officers, and shall act as a canvassing board to
canvass the results of such elections."
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
Four Council offices for full terms (4 years) commencing January 1, 2017, are to be filled. Terms
of Council Members Marc Berman, Pat Burt (Termed out), Liz Kniss, and Greg Schmid (Termed
out) will expire December 31, 2016.
QUALIFICATIONS FOR CANDIDATES
The Palo Alto City Charter, Article III, Council, states:
"Section 2. Number; term. 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. 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..”
A candidate in the 2016 General Municipal Election must reside in Palo Alto as of Wednesday,
July 13, 2016, 30 days preceding August 12, 2016, 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.
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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."
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.”
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Nomination papers and complete information packets will be available from the City
Clerk commencing Monday, July 18, 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 12, 2016 except that if an
incumbent elective officer does not file within the period above, the voters shall have until 5:30
p.m. on Wednesday, August 17, 2016 to nominate candidates other than incumbents.
COUNCIL MEMBERS' COMPENSATION
Council Members receive $600 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 August 1, 2016, candidates and committees for the November 8, 2016 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, 2016, or the day after the closing
day of the last statement, if applicable. Closing date of statement is June 30, 2016.
There are no provisions in the law for extension of due dates for filing campaign
statements.
ANONYMOUS CONTRIBUTIONS BETWEEN $50 AND $100
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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."
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
toll free at 866-275-3772.
Department Head: Beth Minor, City Clerk
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