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HomeMy WebLinkAboutNB 2 CITY ELEC DATES 11-01-93' GENDA___ ! DATE: , ,, ,i, 1 _ ii - i Bill i1_ OCTOBER 25, 1993 NEW BUSINESS NO. 2 -, 11-1-93 Inter-Corn TO: FROM: HONORABLE FOkYOR AND CITY COUNCILMEM~ERS CITY ATTORNEY SUBJECT: cxTY ELECTION DATES ~ECOMMEI~DAT! ON: It is recommended that the City Council receive and file this report. DI ~CU$S ION · At its last meeting, the City Council discussed the possibility of modi£yin~ the regular date of municipal elections within the City. Attached for your review is an October 6, 1993 Inter-Com from this office detailing the specific options available to the City under AB 2196, th= recently enacted law which amended many of the provieions of the Elections Code dealing with both state-wide and local elections. As a practical matter, because AB 2196 does not go into effect un=il January 1, 199&, and because the election process for the currently scheduled April, 1994 election will begin prior to the effective date of the new law (the nomination period begins prior tO =he end of the year), it will not be po~sibl~ for the City Council to change the regular municipal election date from even numbered years to odd numbered years prior to the April 1994 election. Please feel City Attorney free Uo contact this office ~hould you have any above. ~eputy City Attorney (At.t.,achment) cc: William Huston :0-26-§311'42~ FROM ROURKE, WOC 'F, SPRA TO TUSTiNCiTY HALJ ,, · · o. D 1993 P003/006 Inter-Corn TO: HONORABLE MAYOR AND CITY COUNCILMEMBE~S FROM: CITY ATTORNEY SUBJECT: .~a '~.~; ;. This memorandum is.* in=ended as a follow-up to our September 20, 1993 Inter-Corn regar~*din~ the e£fect of AB 2196 on ~ta=ewide and municipal elections. On~ october 5, 19~3, Gov=l-nor Wilson ei~nca 2196 into law. The new law will become effective on January 1, 1994. If the City of ~u~=in takes no action ~o alter ~he da=es of its municipal =lee=ion=, ~eneral munici~al elections will continue to be hel~ on ~he secon~ Tuesday in Agril of even-numbered years. Thus, absent any ac=ion ~by the City Council, uhe next ~hree general municipal elections w111 b.e held..on: - · · . .. .. Tuesday0 APril*'12, 1994 .' ' Tuesday, April 9, 1996 Tuesday, April 13, 1998 As no,ed in our September 20, 1993 Inter-Com, AB 2196 authorizes cities to change the date of general municipal elections =o ~he firsu Tuesday after t~e ~ir~=. Mon~a~ in March of numbered years. If =his action were taken by =he City prior to =he o~herwise scheduled April 12, 1994 regular election daUe, =hat election would be postponed =o March 7, 1~95, extending Uh~ of any CiUy Coun¢ilmembers oUherwise up for re-election by eleven mOn=1%~. The next General municipal election would =hen be years later, on March ~, 1997. A~ 2196 pres¢l~res th~ authori=~ o~ the CiU~ to consolidate its ~eneral municipal e~ection~ with state-wide elections. Were =he City =o consolidate its ~eneral elections with =he primary elections, =he election da=es for 1994-1998 would be follows .. Tuesday, June 7, 199~ Tuesday, March 26, 1996 Tu=s~a~, J=ne ~, 1998 i0-26-~S 11'42A]~ .~RO~ ROURKE, Rij~,SPRA TO ?'USTiN CITY H P00U006 '~, on th~ o~r 1-~nd, ¢£~ ge~e~a~ mun£c£p~l e~ec~:i, ons were consolidated with the state-wide general election, the 1994-1998 election ~ates would be as follows t Tuesday, November 8, 1994 Tuesday, November 5, 1996 Tuesaay; November 3, 1998 City change =he da=es of its general municipal elections, but ~ ~he City =o do so if i= choo~es. For ~our convenience, a copy of our S~p=~mb~r 20, 1993 In=er-Corn is a~=ache~. Please feel free to con~act JAMES G city A==orney this office should you have any D~pu:y C.~y A~orncy ML~,,"mm :D~'%0/0~/9~ ,~-~1~ (A~ ~achmcn~ ) CC: William Huston -2- i0-26-§3lI'42AM FROM ROUR~2-,~'{" =,S:EA TO TUSTiNCITY HALL · D ATE: SEPTEKBER 20, P005/006 Inter-Corn TO: HONORABLE F2%YOR AND CITY COUNCILKEHB~S SU[~J~-C;T: EFFECT OF ~ 2196 ON ELECTIONS · Pursuant to the request of Councilmember Thomas, we have rev£=wea AB 21~6 which proposes =everal changes in the timing of elections in California. .. AB 2196 appears primarily in~ended ~ ino=~ ~he influence of Californi~ in the presidential primary process by moving ~he date of ~he presiden=ial prima~ forward. The bill is also designed =o enco~age Congress and ~e major political parti~ to devise and lmplenen a regional political primary system for =he w~=ern state= =imilar eo the "SUDer ~esday" primary elections held in. ~e sou~ in mid-March. ~... If AB' 2'196 is enacted, the stat=~iae election =chedule' will be as follows: In 1994 (a year no= evenly divisiblm by the number 4), the state~id~ primary election will be hela on the first Tuesday after the first Monday in June. (The date statewide primaries have historically been held.) In 1~96 (a y~ar evenly aivistble by the number 4), both the ~tatewide primary election and the presidential primary election will be held on the fourth Tuesday in March. In both 1994 and 1996, the ~tatewide general election will be held on =he first Tuesday after =he ~lrs= ~onday in November. By its terms, AB 2196' ~ impac~ on the timing of the presidential primary election is limited to the 1996 election year. IZ %he legl~lation is no% extendea, the presidential primary hel~ in the year 2000 %'ill be consolidated with the statewide primary election held on t_he first Tuesday after the first Monday in Jun-. In addition =o making a one-time change in the date of the pre=i~ent£al and statewide ~rimarY election~, AB 2196, if adopted, 'TO T'USTiN CITY P0067006 Honorable Mayor and City Coun¢ilmemberG September 20, 199~ Pa~e would permit, ~ut ~ot re~uir_e, cities to change the date of general m~ni¢ipal elec:ions from the second Tuesday in April of even- numbered year~ =o ~e first ~e~aay afU~r ~he firs= Monday in March ordinance, and could not increa=e or' decrease any inc~bent te~ of office by more ~an 12 mon=h~. If ~=tin ~anged it= general municipal election from the s~co~d ~esday in April of even-numbered years to the first ~esday after the first Monday in March of odd-nu~ered years, %he municipal election which othe~ise would have occurred on April 12, any Councilne~r= o~he~ise up for re-election in April of 1994 by 11 month~. . " ~ 2196 re~ire~ ~at if municipal election~ are changed from even to odd years, the City must give mailed notice of the change to all registered voters within =he ci=y'vl~in thirty (30) days after adoption of ~e ordinance making the ~ange. The notice must inclen= offio~= has changed. Once an ordinance changing the date of a m~icipal election pursuit to ~ 2196 has been adopted, amended or repealed. The remainder of AB 2196 concerns =he process for appearing a candidate on -.he presidential primary ballot, and th~ obligation~ of ~e'~ecreta-~y of State and na~or political parties. · En~copy of AB 2196. , City Attorney LOIS BOSA/~ · ~puty city Attorney ~nclosure cc: William