Loading...
HomeMy Public PortalAbout10) 10A Consideration of Calling a Special Municipal Election to amend City Charter - Voter Participation Compliance Measure,----------------- AGENDA ITEM 10.A. MANAGEMENT SERVICES DEPARTMENT MEMORANDUM DATE: February 20, 2018 TO: The Honorable City Council FROM: Greg Murphy, Assistant City Attorney Peggy Kuo , City Clerk SUBJECT: CONSIDERATION OF CALLING A SPECIAL MUNICIPAL ELECTION TO AMEND THE CITY'S CHARTER TO INCLUDE THE TEMPLE CITY VOTER PARTICIPATION COMPLIANCE MEASURE RECOMMENDATION: The City Council is requested to : 1. Consider City staff's recommendation to call for a Special Municipal Election to adopt the Temple City Voter Participation Compliance Measure (the "Measure") fo r the purpose of codifying in the City Charter a change to the City 's General Municipal Election Date to comply with new State law and embrace the City's historical commitment to its diversity and the participation of eligible voters from all ages and backgrounds in elections ; If the City Council determ i nes that a Special Municipal Election is appropriate, adopt Resolution No . 18-5313 (Attachment "A ") calling a Special Municipal Election for June 5 , 2018 to adopt the Measure, and setting forth certain Elections Code -required steps for adoption of the Measure , as laid out more fully in the resolution ; and Adopt Resolution No . 18-5314 (Attachment "8 ") requesting the Board of Supervisors of Los Angeles County to consolidate the City's Special Municipal Election with the June 5 , 2018 Statewide General Election pursuant to Section 1200 of the State Elections Code . 2 . If the City Council determines it to be appropriate, direct one or more persons (either City Council Members or members of the community) to draft the argument in favor of the Measure ; and 3. Provide staff with such other direction as the City Council deems approp riate. City Counc il February 20 , 2018 Page 2 of 6 BACKGROUND: 1. The C ity Charter requ i res that the City hold its municipal elections on the first Tuesday after the first Monday in March of each odd -number year. Wh il e this election scheduling may have made sense some time ago , over the years it has become evident that larger numbers of Temple City voters participate in elections that are conducted during statewide election cycles . 2 . On September 1, 2015 , Governor Jerry Brown signed Senate Bill No . 415 (SB 415), also known as the Voter Participation Rights Act, into law addin g sections 14050-14057 to the Californ ia Election Code , the intent of which was to ex pand the number of eligible voters participating in elections locally. 3 . On July 11 , 2017, th e California Attorney General issued an Opinion on SB 415 's app licab i lity to charter cities and local school districts whose elections are governed by the city charters . 4 . SB 415 requires cities meeting certa in statutory thresholds to consolidate their general municipal elections with a statewide election . Consolidated statewide elections are held in June and November of even -numbered years , though with the recent signing of Senate Bill 568 the June election will be moved to March in 2020 . 5 . On December 19 , 2017 , the City Council adopted Resolution No. 17-5293 , which among other things directed City staff to bring to the Council a charter amendment that would change the City's elections to achieve compliance with SB 415 . ANALYSIS: Senate Bill 415 and the Need for a Charter Amendment SB 415 added sections 14050-14057 to the California Election Code to be effe ctive as of January 1, 2018. The purpose of SB 415 is to increase voter participation in local elections by holding them at the same time as a statewide election date (e .g . Primary in June or Statewide General Election in November of even-number years). City staff and the City Attorney's office have monitored interpretations of SB 415 and have concluded that under the law as it pres e ntly stands , charter cities like Temple City are required to comply. On December 19, 2017 , the City Council received a presentation from City staff and the City Attorney's office on the applicability of SB 415 to charter cities (a copy of the staff report is attached as Attachment "C"). At that time , the City Counci l adopted Resolut ion No. 17-5293 , which constituted the City 's formal plan for complying with SB 415 . A key component of the City's plan is presenting to the voters a charter amendment that would change the City 's General Municipal Election date to consolidate it with a Statewide General El ection date, without making any other changes to the Charter or otherwise City Council February 20 , 2018 Page 3 of 6 increasing City powers under the Cha rte r. I. Introduction: Brief Summary of Senate Bill No . 415's Purpo se and Effects The California Sta te Legi s lature adopted SB 415 with the stated purpose of addressing declining voter turnout in federal , state, and local elections . The Legislature argued that the increasing number of elections du ring th e ca lendar year makes it unlikely that voters wil l participate in a ll of the var ious elect ions. It is also the case that higher voter participation rates typically correspond to more eligib le voters of all ages and ethnic backgrounds exercising th eir right to vote . SB 415 requires that a "political subdivision " (as defined in the bill to include cities among other entities) that does not hold its municipal elections on the same day as a statewide election and that has voter turn out at its last regularly -scheduled municipal electi on of no less than 25 % below than the average voter turnout in the city for the previous four (4) statewid e general e lecti ons , to move its elections to the same day as a statewid e e lectio n by November 8, 2022 , and to have a p lan in place to move the e lection by January 1, 20 18. As discussed in detail in th e December 19, 2017 staff report , Temple Ci ty 's voter turnout at th e most recen t stand a lon e municipal e lection (held in March 20 15) was wel l be low the turnout rate for the past four statewide elections and less than half the rate needed to meet th e "turnout less 25%" standard under SB 415 . In light of th is and for the purpose of increasing voter turnout a nd adhering to the State's requirement , the City Council directed that City staff determine t he best way to consolidate the General Municipal Election with a Statewide General Elect ion . II . Fiscal Considerations The City has long us ed Martin & Cha pman to assist with co ndu cting its stand-alone e lect ions instead of co ntracting with th e County of Los Angeles , which also has the capacity to run municipal e lect ions for ci ti es a nd other lo cal government entities within its jurisdiction . The 20 15 electio n, with Ma rtin & Chapma n's assistance , cost th e City a total of $71 ,297 .76 . Howev er, with all general law pub li c entities covered by SB 415 shifting their elections to co nso lid ated e lections, Mart in & Chapman may no longer be ab le to provide efficient serv ice to entities that wish to keep conducting stand -alone elections on their existing e lection d ates past 2019 . The County may be able to assist with the stand- alone e lections , but again the costs will be significa ntly higher. Curren t estimates for ru nning the 2019 sta nd -alone municipal e lection in March with the help of ei th er Martin & Chapman or the Cou nty of Los Ange les are : • Martin & Chap man : $113 ,707 ; and • County of Los Angeles : $227 ,000. This est imate includes oth er expenses re lat in g to co ndu cting a stand -alo ne election . In light of th e in creased cost and the fact that Martin and Chapman may no longer be able to City Council February 20 , 2018 Page 4 of 6 provide the same quality of services (or any services), the City must consider whether it wishes to hold the March 2019 e lection or immediately consolidate to save these est imated costs of $113 ,000-$227 ,000 for the election , as well as unknown future costs. The charter amendment set forth in the Measure would effectuate an immediate conso lid ation . Ill. Staff Recommendation for Charter Amendment In light of the high cost of running a standalone election in March 2019 and Senate Bill 568's move of the June 2020 election to March of that year, City staff and the City Attorney 's office are recommending that the 2019 election be moved to 2020 and the 2021 election be moved to 2022 . Thereafter, all Council terms will return to the traditional four-year period . This move is consistent with what many local cit ies are doing by ordinance (see , e .g ., the Ci ty of Monrovia , which adopted such a move by ordinance in November 2017 , and the City of Glendora , which adopted such a move by ordinance this month). It is also cons istent with what the Temple City Unified School District's recent c hange in its election dates . The difference with the City of Temple City is the requirement that the voters approve the change via a charter amendment. Add iti onally, placing this measure on the ballot is consistent with the City 's practice of embracing its diversity and encouraging all eligible voters to stay informed and participate on local matters , including exercising their right to vote on local City measures and seats. Section 2 : The Process for a Charter Amendment Special Election If the City Counci l decides to place the Measure for consideration during a special election , then the Ci ty Council will need to take a number of steps to set the Special Election for this June's ballot. Pursuant to Article V , Section 500 of the City 's Charter , a l l municipal elections conducted by or on behalf of the City shall be held and processed in accordance with the provisions of the constitution and the Government and Election Codes (GC & EC). Per Government Code 34458(a), the governing body of a city , on its own motion may propose , amend , or repeal , a charter, and may submit the proposal for the adoption , amendment , or repeal to the voters at the next established Statewide General Election pursuant to Section 1200 of the Elections Code , provided there are at least 88 days before the election . The election code does not specifica lly say that the County election official must run the election if the election involves a charter amendment. However, given that the two primary purposes of the Measure are ensuring high voter turnout and sav ing resources by consolidating the General Municipal Election with a Statewide Genera l Election , staff proposes that the 2019 stand-alone General Municipal e lection be conso li dated with the City Counci l February 20 , 2018 Page 5 of 6 Co unty's March 2020 Primary election and for the County election official to as a practical matter ru n it. T he next Statewide General Electio n is J une 5, 20 18 (per EC 1200 the Statewide No minatin g Election shall be held on the first Tuesday after the first Monday i n June of eac h even-numbe red year) and is th e best e lection for the City to submit a measure to the voters if the Council does not wish to delay comp liance with SB 415 so as to eliminate the 2019 e lection and its costs . The California Elections Code requires th at certain resolutions be adopted in order for th e City to hold a Special Municipal Election and to consolidate the City 's Special Municipal Elect io n with the Statewide Ge neral Election in November. In preparation for the November e lection , it is necessary for the City Council to adopt the following two reso lu tions to co ndu ct the election : • Resolution No . 18-5313 (Attachment "A ") cal ls the election, establishes the purpose f or the election , authorizes the City Clerk to conduct the election , directs th e C it y Attorney to prepa re an impartial ana lys is , allows fo r t he Counci l to direct th e drafting a nd filing of written a rgum en ts concern in g t he measure , provides for th e filing of re buttal arguments concerning the measure , and outl ines other procedural steps t o be taken ; • Resolution No. 18-5314 (Attachment "8 ") is requesting the Board of Supervisors of Los Angeles Cou nty to consol id ate the City 's Special Municipal Election with the Ju ne 5 , 2018 Statewide Genera l Election pursuant to Section 1200 of the State Elections Code. As part of Resolut ion No . 18-5313 , th e City Council wi l l determine who will draft a written argument i n favor of the measu re . That argument, and any arg ument subm itted to the Ci ty Clerk in oppositi on to the measure , is limited to 300 words and must be sub mitted by March 16, 2018 . If ballot arg um ents are subm itted , then rebuttals will be a ll owed as set forth in the Electi ons Code . CITY STRATEGIC GOALS : As o ne of the most diverse communit ies in Los Angeles County, the City of Temple City takes pride in its diversity, transparency , and commitme nt to engaging its residents in all levels of decision-makin g . The City of Temple C ity encourages a ll e l igible voters to exercise the ir right to vote on local City measures and seats as part of our co untry 's democratic process and traditions , and the City would like as m uch participati on as possible from voters of all backgrounds , including newly registered voters and young people . If th e City Cou nci l determines th at a Specia l Municipal Election for adoption of the City Council February 20 , 2018 Page 6 of 6 Measure is appropriate, it is recommended the City Council adopt the two resolutions calling the Special Municipal Election and seeking to consolidate it with the County's general e lection , and direct one or more Councilmembers to draft the argument in favor of the Temple City Voter Participation Compliance Measure. Incorporating the Measure to the City's Charter will promote the City's Strategic Goal of Good Governance . FISCAL IMPACT: The estimated cost for the Special Municipal Election to be consolidated with the County's Statewide General Election is approximately $47,000 . Should the City Council approve City staffs recommendation to call for a Special Municipal Election, this item will have a fiscal impact on the Fiscal Year 2017-18 City Budget. Funds will need to be appropriated from undesignated General Fund reserves . The cost will be more than offset, however, by the ta xpaye r savings in Fiscal Year 2018-19 from not having to hold a standalone General Municipal Election . ATTACHMENTS: A. Resolution No . 18-5313 Calling the Election B. Resolution No. 18-5314 Requesting County Services C . December 19, 2017 Staff Report and Supporting Documents ATTACHMENT A RESOLUTION NO . 18 -5313 A RESOLUTION OF THE CITY COUNC IL OF THE CITY OF TE MPLE CITY TO ORDER SUBMISSION TO THE QUALIF IED ELEC TOR S OF THE CITY A MEASURE TO AMEND THE CHARTER OF THE CITY OF TE MP LE CITY SECTION 501 TO C HAN GE THE DATE OF THE CITY'S MUN ICIPA L ELECTIONS FRO M MARCH OF ODD-NUMBERED Y EARS TO MARCH OF EVEN-NUMBERED YEARS WHEREAS , the City Council of the City of T emple City seeks to place a measure on the June 20 18 ba ll ot to allow for comp liance with Senate Bill 415 ("SB 415") which shall be kno wn as the City of T emple City Voter Part ic ipatio n Compli ance Measure ; and WHEREAS, the Cal iforn ia State Legi sla ture adopted SB 415 with the goal of inc reasing voter turnou t in m unici pal elections ; and WHEREAS , th is new State law requ ires loca l commu nities wi th lowe r rates of voter partic ipat ion in thei r Munic ipa l Elections to conso lidate and conduct their local elect ions dur ing a statewide election date; and WHEREAS , rece nt 20 13 and 2015 Temple City Mun icipa l Elections had a voter turnout of 13 .29 % and 14 .11 % respective ly, wh ile Temple City vo ter part icipation rates in the state June and November of 20 16 we re 38.55 % and 70.39 % respect ively , which are cl early higher; and WHEREAS , higher voter participation rates typically correspo nd to more el ig ible voters of all ages and ethn ic backgrounds exercisin g their right to vo t e; and WHEREAS , as one of the most diverse communi ti es in Los Ange les County , the City of Temple City takes pr ide in its diversity , transp arency , and commitment to the public engag ing in loca l governme nt ; and WHEREAS , the City of Temple City enco urages all eli gible voters to exerc ise the i r right to vo te on local City measures and seats as part of our country 's democratic process and traditions ; and WHEREAS , conso lidating the City 's Mun ici pa l Election with State elections moving fo rward will not only keep t he City in compliance w ith new State la ws and increase el igib le voter participat ion in local matters , but will save ta xpayers in elec tio n costs ; and WHEREAS , t he C ity of Temple City 's Charter requi res that its voters cons ider and adopt an y pertinen t Charter changes to loca l elect ion schedu lin g, and rev ising this schedu le does not otherwise grant the City any new or additiona l po wers ; and WHEREAS , the City's Charte r currentl y conta ins a March date for conducting the City's General Mun ic ipal Election ; and WHEREAS , recently-adopted State Se nate Bill 568 will move the Statewide General Ele ct ion fo rmerly held in J une of even -nu mbered years to March of even-n umbered years beg inning in 2020 ; and WHEREAS, the City can reta in its tradit iona l March General Municipal Electi o n date whi le comp lying with SB 415 ; and Resolution 18-5313 Page 2 of 6 WHEREAS , the increase i n costs associated with stand-a lone mun icipal elections is of great concern to the C ity and its budget and requ ires that the City act as expediently as possib le to conso li date its General Mun ici pal Election ; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of T emple C ity does hereby resolve, declare , determine and order as follows : SECTION 1. Pursuant to California Code of Regulations section 15061 {b)(3), this project is exempt from the Californ ia Env ironmen tal Quality Act ("CEQA") because it is covered by the general ru le that CEQA on ly appl ies to proje cts wh ich have the potentia l fo r a significan t effect on the environment. Since it can be seen with certainty that there is no possibi lity tha t these City of T emp le C ity Charter amendments will have a sign if ic ant effect on the env ironment, th is proj ect is not subject to CEQA. SECTION 2. That the City Cou ncil , pursuant to its right and authority under the Cal iforn ia Government Code, does hereby place a measure amending the City Charter of the City of Temple C ity , section 501, on the ballot for the General Municipal Elect ion , to be he ld on June 5, 2018 , and orders submitted to the vote rs the f ollowing question : Temple City Voter Participation Compliance Y ES Measure : To comply with new State law intended to NO increase voting parti cipation in loca l elections and save money o n election costs , shall the Te mple City Charter be amended to cha nge the date for Temple C ity mun icipa l elections f rom the first Tuesday of March in odd numbered years to the first Tuesda y of March i n even numbered years (which does not otherwise grant the City new powers )? SECTION 3. That the te xt of the charter amendment subm itted to the voters , and specif ically of the changes to Charter section 501 , is as found in Attachment "A " hereto . SECTION 4 . That the vote requirement for the measure to pass is a si mple maj ority (50 % + 1) of the votes cast. SECTION 5 . That the ba ll ots to be used at the election shal l be in the form and content required by law. SECTION 6 . That the City Council directs the City C lerk to subm it to the City Attorney a copy of the measure , and the C ity Attorney is hereby authorized and directed to prepare an impartial ana ly sis of the ballot measure showing the effect of the measure on the existing law and operat ion of the measure . The impartial analys is shall be submitted by the City Attorney to the City Clerk on or before March 16 , 2018 at 4:00p.m., shall not exceed 500 words in length , and ot herwise shall comply in a ll respects with the appli cable provisions of the Elections Code of the Sta te of Ca lifornia . SECTION 7 . That the City Council hereby acknowledges its authority , pursuant to Ca liforn ia Elect ions Code sect ion 9282 , to submit a written argument in favor of the measure, not to exceed 300 words in leng th , and direc ts to prepare and submit that argument. SECTION 8 . That the last day for filin g direct arguments for or agai nst the measure shall be March 16, 2018 at 4:00 p.m. and all such arguments sha ll be fi led with the Temp le C ity City Clerk, 9701 Las Tunas Dr ive, Temp le City , Californ ia , and shal l not exceed 300 words in length . The C ity Clerk, upon rece ipt of argumen ts and after the filing deadline , shall uti lize the procedures set forth in the Elections Code to select the argument for and argument against the measure for Resolution 18-53 13 Page 3 of 6 printing and s ha ll therea fte r immed iately transmit a copy of the approved argument for and approved argument against the meas ure to thos e parties that submitted arguments in opposit ion , w ho may then submit rebuttals w ithin the t ime period descri bed in Section 9 be lo w . Argu ments re ceived prior to the deadl i ne shall be confidential unti l the deadline . SECTION 9. That the last day for fil ing reb uttal arguments for or against the ba ll ot measu re sha ll be Marc h 26 , 2018 at 4 :00 p.m. and all such arguments shall be filed with the Temp le City City Clerk , 9701 Las Tunas Drive , T emple City , California, and shall not exceed 250 words in length . Arguments rece ived prior to the dead li ne are con fidential until the deadline . The City Clerk , upon receip t of the rebutta l arguments and after the fil ing deadline , shall utilize the pro cedures set forth in th e Elections Code to se lect the rebu tta l to the argument for and rebuttal to the argument against the measure . SECTION 10. Argume nts and rebutta l arguments must be submitted to the City C lerk using the form and fo rma t as provided by the C ity Clerk. Prospective authors of arguments and r ebuttal arguments must contact the City Clerk for the proper forms . SECTION 11 . That , pu rs uant to Elections Code sect io n 9295 , the te n (1 0) day publi c rev iew per iod for all ballot materials shall open at 4:00p.m. on March 17, 2018 and shall close at 4:00 p.m. on March 26, 20 18. SECTION 12 . That in all particulars not recited in the Res olution , the elect ion shall be he ld and conducte d as prov ided by law for holding municipal ele ctions. SECTION 13 . That the City Clerk is autho ri zed to transmit a certified copy of thi s re so lut ion to the Los Angeles County Board of Supervisors and the Los Ange le s County Reg istrar of Voters. SECTION 14. That the foregoing amen dments and cha nges to the Charter of the City of T emple Cit y shall be placed on the ballot at a Spec ial Municipal Elect ion to be held on June 5 , 2018 , and t he City Council, by separate reso lution , shall request that the Los Angeles Cou nty Board of Supervisors consolidate such Temple City Specia l Mun ic ipa l Election with the general election to be hel d on such date . SECTION 15 . That the City Clerk shall certify to the passage and adoption of this re solution and enter it i nto the book of original res o lutions. PASSED , APPROVED A ND ADOPTED ON February 20 , 2018 . ATIEST: CITY OF TE MPLE CITY: Pegg y Kuo , City Clerk Cy nthia Ste rn qu ist , Mayor APPROVED AS TO FORM : Eric Vai l, City Attorney Resolution 18-5313 Page 4 of 6 I, PEGGY KUO , CI T Y CL ER K of the City of Temple Cit y do hereby certify th at the forego ing Reso lution was adopted at a Regular Meeting of the City Council of the C ity of Temp le City he ld on the 201h day of Fe b ruary 2018 , by the f ollowi ng vote : AYES : NOES : ABS EN T: A BST AIN: Cou ncilmember- Cou nci lmember - Cou nci lmember - Co un cilmember - IN WI T NESS WH EREOF, I have hereu nto set my hand an d affixed the offic ial sea l of the City of T emp le City, Ca li forni a , th is 20th day of Febru ary , 2018. Peggy Kuo , City Clerk Resolution 18-5313 Page 5 of 6 ATTACHMENT "A" The following amendments to the Charter of the C ity of Temple City are adopted by the voters of the c ity (deleted text in strikethrough and new text in underline font): 1. The voters amend Sectio n 501 [Electi ve Officers] of Article V [Municipal Elections] to read in whole as follows : The elective officers of this city shall be five (5) members of the c ity council , each of whom shall hold the office of council member. Elective officers of the city shall be elected for four year terms by the registered qualified vote rs of the city, on an at la rge basis, at general or special municipal elections , held for that purpose . Gene ral municipal elections shall be conducted on the first Tuesday after the f irst Monday in March of 004-even-numbered years, commencing in March of +99-7 2020 and as more fully set forth in Elections Code section 2601 . To effectuate the change from odd-numbered years to even-numbered years , the elective officers holding office as of the effective date of this section shall have their current terms extended by one ( 1) year. Resolution 18-5313 Page 6 of 6 CERTIFICATION-CITY OF TEMPLE CITY I, Peggy Kuo , City Clerk of the Ci ty of Temple City , do hereby cert ify that the forego ing document is full , true and correct copy of: A Resolution of the City Counc il of the C ity of Temp le City to Order Subm ission to the Qualifi ed Electors of the C ity a Measure to Amend the Charter of the City of Temple City, Sect ion 501 , to Change the Date of the City's Mun ic ipa l Elections from March of Odd-Numbered Years to March of Even-Numbered Years . The Original document is on f ile in the Office of the City Clerk, City of Temple City , California . Peggy Kuo City Cler k Dated : ______ , 2018 ATTACHMENT B RESOLUTION NO . 18-5314 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY , CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 5 , 2018 , WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE. WHEREAS , the City Council of the City of Temp le City called a Special Mu nicipal Election to be held on June 5, 2018, for the pu rpose of the City Council submitti ng to the voters a charter amendment ca ll ed the City of Temp le City Voter Partici pat io n Compliance Measure to bring the City into legal compl iance w ith State Senate Bill 415 ; and WHEREAS , th is new State law requires lo cal commun it ies with lower rate s of voter participation in their Muni cipal Ele ctions to conso li date and conduct the ir loc al elect ion s during a statewide elect io n date ; and WHEREAS , rec ent 2013 and 20 15 Temp le C ity Municipa l Elect io ns had a voter turnout of 13.29 % and 14 .1 1% respectively , whi le Temple C ity voter participation rates in the state June and November of 2016 we re 38 .55 % and 70 .39% respectively, wh ich are clearly highe r; and WHEREAS , higher vo t er participation rates typically correspond to more elig ible voters of all ages and ethnic backgrounds exercising thei r righ t to vote ; and WHEREAS , as one of the most divers e com mun ities in Los Ange les County , the City of Temple City takes pride in its divers ity , transparency , and comm itment to the pub li c engag in g in local government; and WHEREAS , the City of T emple City encourages al l eligible voters to exe rcise their right to vo te on loca l Cit y measures and sea ts as part of our country 's democratic process and trad it ions ; and WHEREAS , conso lidating the City 's Municipal Ele ction with State elections mo vi ng forward will not only keep the City in compliance with ne w State laws and increase eligible voter participat ion in local matters, bu t wi ll save ta x payers in election costs; and WHEREAS , the City of Temple City's Charter requi res that its voters consider and adopt any pertinen t Charter changes to lo ca l elect ion scheduling ; and WHEREAS , doing so will not otherwise grant the City any new or add iti onal powers ; and WHEREAS , it is desirab le that the Spec ial Municipa l Election be consol id ated w ith the Statewide Genera l Election to be he ld on the same date and that within the city the precincts, poll i ng places and election officers of the two elections be the same , and that the county election department of the County of Los Angeles canvass the retu rns of the Spec ial Municipal Election and that the election be he ld in all respects as if the re were on ly one election ; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Temp le C ity does hereby resol ve, declare , determ ine , and order as follows : SECTION 1. That the City Council has adopted Resolution No . 18-5313, a co py of which is attached hereto as Exhibit "A," call in g for a special municipa l elect ion fo r purp ose of amend ing the City Charter relating to the setting of the City 's mun ici pal elect io n date. SECTION 2. That pursuant to the requirements of§ 10403 of the Electio ns Code, the Board .------------ Resolution 18-5314 Page 2 of 3 of Superv isors of the County of Los Angeles is hereby requested to consent and agree to the conso lidatio n of a Special Municipa l Elect ion with the Statewide Genera l Elect ion on Tuesday, June 5, 2018 , for the purpose of a measure that is to appear on the ballot as fo ll ows : Temple City Voter Participation Compliance YES Measure: T o comply with new State law in tended to NO increase voting partici pat ion in local elections and save money on e lection costs , shall the T emple City Charter be amended to change the date for Temple City municipal elections from the first Tuesday of March in odd numbered years to the first Tuesday of March in even numbered years (w hich does not otherwise grant the City new powers)? SECTION 3. T hat the proposed complete text of the Charter Amendment subm itted to the voters is attached to Exhibit "A " hereto. SECTION 4 . Th at as set forth in Resolution No . 18-5313 the vote requirement fo r the measure to pass is a majo rity (50%+ 1) of the votes cast. SECTION 5 . That the county election department is authorized to canvass the returns of the Special Mun ici pal Election. The election shall be held in all respects as if there we re only one e lection , and only one form of ballot shall be used . SECTION 6 . T hat the Board of Supervisors is requested to iss ue in structio ns to the county elect ion department to take any and all steps necessary for the ho lding of the consolidated elect ion . SECTION 7 . That the City of Temple City recognizes that add ition al costs w ill be incurred by the County by reason of this consolidation and agrees to re imburse the County for any costs. SECTION 8. That the City Clerk is hereby directed to file a certified copy of th is resolution with the Board of Supervisors and the county election department of the County of Los Angeles . SECTION 9 . That the City Clerk shall certify to the passage and adoption of th is resolution and enter it into the book of original resolutions. PASSED , APPROVED AND ADOP TED ON 20 TH DAY OF FEBRUARY , 2018. ATIEST: CITY OF TEMPL E CI T Y: Peggy Kuo , City Cle rk Cynthia Sternquist, Mayor APPROVED AS TO FORM : Eric Vail, C ity Attorney I, PEGGY KUO , CITY CLERK of the City of Temple City do hereby certify that the foregoin g Resolution No. 18-53 14 was adopted at a Regular Meeting of the City Council of the City of Temple City held on the 20th day of February 2018 , by the followin g vote : AYES : Councilmember- Resolution 18-5314 Page 3 of 3 NOES: ABSENT: ABSTAIN : Councilmember- Councilmember - Councilmember - IN WITNESS WHEREOF , I have hereunto set my hand and affixed the offic ial seal of the C ity of Temple City , Californ ia , this 20th day of February 2018. Peggy Kuo , City Clerk --· -----~~~~~~~~~~~~~~~~ ATTACHMENT C MANAGEMENT SERVICES DEPARTMENT MEMORANDUM DATE: December 19, 201 7 TO: The Honorabl e C ity Council FROM: Greg Mu rphy, Assistant City Attorn ey Peggy Kuo , C ity Clerk SUBJECT: SENATE BILL 415 CALIFORNIA VOTER PARTICIPATION RIGHTS ACT RECOMMENDATION: The City Council is requested to : 1. Receive a report on and discu ss Senate Bi ll 4 15 and its effect on the City 's general municipal elections ; and 2 . Formally adopt a plan for compliance with Senate Bill 415 's requirements that will ensure the City achieves statutory compliance while allowing staff to moni t o r any changes to the law prior to e lection consolidat ion (Attachment "A "). BACKGROUND: 1. The C ity Charter requires that the City hold its municipal elections on the first Tuesday after the first Monday in March of each odd-number year. 2. On September 1, 2015, Governor Jerry Brown signed Senate Bill 415 (SB 4 15) (Attachment "B"), also known as the Voter Participation Rights Act , into law adding sections 14050-14057 to the California Election Code. 3 . On Ju ly 11 , 2017, the California Attorney General issued an Op inion on SB 415 's applicability to charter cities and local school districts whose elections are governed by the city charters (Attachment "C "). 4 . SB 415 requires cities meeting certain statutory thresholds to consolidate the ir general municipal elections with a statewide election . Consolidated statewide elections are held in June and November of even-numbered years , though with the recent signing of Senate Bill 568 the June e lection will be moved to March in 2020 . 5. In order to comply w ith SB 415 , the City must adopt by December 31 , 2017 a "plan " for full comp li ance with the Bill 's provisions . Full comp liance must be achieved by the consolidated statewide e lecti o n no later than November 8 , 2022 . City Council December 19 , 2017 Page 2 of 5 ANALYSIS: SB 415 added sections 14050-14057 to the California Election Code to be effective as of January 1, 2018. The purpose of SB 415 is to increase voter participation in local elections by holding them at the same time as a statewide election date (e.g. Primary in June or Statewide General Election in November of even-number years). City staff and the City Attorney's office have monitored interpretations of SB 415 and have concluded that under the law as it presently stands, charter cities like Temple City are required to comply. SB 415 provides that a city must, by January 1, 2018 , adopt a plan to consolidate future elections with statewide elections . Consolidation is statutorily mandated to occur not later than November 8, 2022 . The plan for consolidation attached as Attachment "A" would requ ire that the City take the following actions to achieve full compliance : 1. City staff will bring to the City Cou neil in early 2018 for placement on the June 2018 ballot a charter amendment that would change the City's general municipal election to be in compliance with SB 415; 2. City staff will review SB 415 and all other applicable laws to recommend the consolidation of future municipal elections in a manner that best achieves the purposes of the Charter while complying with SB 415 ; and 3 . If, prior to bringing the charter amendment to the City Council, a change in the law results in charter cities being exempt from SB 415 's coverage , this matter will be returned to the City Council for further analysis and direction . The attached plan , as outlined above , is based upon the following analysis of SB 415 and its effects on the City and similar charter cities in California . I. Introduction : Purpose and Effects of Senate Bill No. 415 The California State Legislature adopted SB 415 with the stated purpose of addressing declining voter turnout in federal, state, and local elections . The Legislature argued that the increasing number of elections during the calendar year makes it unlikely that voters will participate in all of the various elections. To resolve the issue , SB 415 requires that a "political subdivision" (as defined in the bill to include cities among other entities) that does not hold its municipal elections on the same day as a statewide election and that has voter turnout at its last regularly-scheduled municipal election of at least 25% less than the average voter turnout in the city for the previous four (4) statewide general elections, to move its elections to the same day as a statewide election by November 8 , 2022 , and to have a plan in place to move the election by January 1, 2018. Complicating the matter, Elections Code Section 10403.5 (b) requires that a term of City Council office may not be increased or decreased by more than 12 months as a result of City Council December 19 , 2017 Page 3 of 5 an ordinance consolidating a municipal election with a statewide election . This provision limits the City 's options for compliance with SB 415 because statewide elections are held in June and November of even numbered years, so there are only two options for consolidating the election . As noted above , Senate Bill 568 would move the June election to March beginning in 2020 . So by waiting for that year to conso lidate , there will be three options for consolidation . II . Temple City's Voter Turnout for Statewide Elections versus Municipal Elections The City Clerk 's office reviewed Temple City's voter turnout data for the four most recent statewide general elections on the County Registrar-Recorder website , as well as turnout data for the City's most recently-held 1 General Municipal Election . Below is a chart comparing the turnout rate for Temple City 's most recen t General Municipal Election to the average turnout rate within the City for the last four statewide elections: TC TC TC TC TC TC TC City Statewide Statewide Statewide Statewide Average Average Election Election Election Election Election Statewide Statewide Turnout Turnout Turnout Turnout Turnout Election Turnout March 2015 June 2014 Nov 2014 J une 2016 Nov 2016 Turnout Less 25% 17 .55 % 30.48% 38 .55% 7 0.3 9% 39.43% 29.57% 14.11 % As demonstrated in the chart , the voter turnout rate for the City's most recent standalone municipal election (held in March 2015) was well below the turnout rate for the past four statewide elections and less than half the rate needed to meet the "t urnout less 25%" standard under SB 415 . The City has experienced a voter turnout threshold that cou ld trigger compliance as defined by SB 415, and if SB 415 applies to charter c ities then Temple City falls squarely within its coverage . Ill. Applicability of SB 415 to Charter Cities A statewide question that has been grappled with by many charter cities is whether SB 415 applies to them . As noted above, the Temple City Charter defines the t iming of elections for the City Council in Section 501, requiring that those elections be held on "the first Tuesday after the first Monday in March of odd-number years ." The California Constitution states that properly-adopted charter language supersedes state law (California Constitution Article XI, Sec 5 : "City charters adopted pursuant to this Constitution .... with respect to municipal affairs shall supersede all laws inconsistent therewith "). Further, the text of SB 415 does not contain the usual legis lative findings or statutory language asserting "statewide significance" that is used to signify the applicability of a general statute to charter cities . 1 The March 2017 municipal election was cancelled and therefore no data is ava il able for it. For SB 415 purposes , it is necessary to go back to 2015 to get a f igure for com parison with the consolidated election numbers. This is what SB 415 requi res if the City d id not comply wi th SB 4 15 and was cha ll enged on that noncompliance. Further, if at any time in the future the City's turnout dips below the statutory threshold , the City must immediately move toward compliance. City Council December 19 , 2017 Page 4 of 5 Senator Hueso, the author of SB 415, through members of his office has i nformed charter cities that have raised the issue that the intent of SB 415 was that it would in fact apply to them . He has further said that charter cities that fail to comply with the law do so at their own risk and may be subject to litigation . When the Assembly Comm ittee on Elections and Redistricting took up SB 415 prior to its passage, their legislative analysts noted the lack of clarity regarding its applicability to charter cities . Senator Hueso or the Committee could have clarified the intent of the Legislature with regard to the SB 415 by stating that its subject matter was of "statewide significance" or modified it to include a provision authorizing charter cities to comply with its terms by ordinance or resolution and notwithstanding any limitations in their charters . It is the lack of any of this sort of language that creates the ambiguity faced by charter cities. Some charter cities have considered noncompliance, and some continue to consider that course of action . The Attorney General issued an Opinion on SB 415 's applicability to charter cities in July 2017 , concluding that SB 415 applies to charter cities, and to local school districts whose elections are governed by city charters . The Opinion has its faults and legally speaking , an Attorney General Opinion does not have the same binding effect as a court decision . However, an Attorney General Op inion is given deference by the courts and must be considered in that light as the City makes its decision on SB 415 compliance . In light of all of the legislative and legal background , it is recommended that an SB 415 plan for compliance be adopted . IV. How SB 415 Would Be Implemented The City's Charter, in Section 501 , requires that City Council elections be held on "the first Tuesday after the first Monday in March of odd -number years ." Cal ifornia Government Code Section 34458 requires that any change to the charter be submitted to the voters at an established statewide election . So to change the current election date , a charter amendment would have to be brought to the voters. Some charter cities are attempting SB 415 compliance by ordinance or resolution , saying that the Attorney General's opinion overrides Government Code 34458. But the safest course of action is to bring a change to the charter to the voters un less legislation explicitly demands compliance by some other means (usually ordinance). V. Steps to Implementing SB 415 In general , the City can only change its General Municipal Election date via a charter amendment. Per Government Code 34458(a), the governing body of a city, on its own motion may propose, amend , or repeal , a charter, and may submit the proposa l for the adoption , amendment, or repeal to the voters at the next established statewide election pursuant to Section 1200 of the Elections Code , provided there are at least 88 days before the election. Since the Elections Code requires that certain charter amendments only be held at the same time as the statewide election , the election will be consolidated with the County election and the County election official will as a practical matter run it. ,-------------------- City Counc il Dece mbe r 19, 2017 Page 5 of 5 -------------------------------------- If the voters do not approve the Charter amendment, then the Ci ty Charter w ould not be changed . In th is circumstance, the City Attorney's office would be directed with bringing back an alternate plan of comp li ance . VI. Fiscal Considerations The City has long used Martin & Chapman to run its elections , and the County of Los Angeles also has the capacity to run municipal elections for cities and other local government entities within its jurisdiction . The 2 015 election cost the City a tota l of $71 ,297 .7 6 . With all general law public entities covered by SB 415 shifting the ir elections to consolidated elections , Martin & Chapman may no longer be able to provide efficient service to entities that wish to keep their existing election dates. The County may b e able to assist, but again costs may rise . Current e stimates for running the 20 19 munici pa l election in March with the hel p of either Martin & Chapman or the County of Los Angeles are: • Martin & Chapman : $1 13,707 ; and • County of Los Angeles: $227 ,000 . The above estimate includes other expenses relating to conducting a stand-alone election . In light of the increased cost, the City must cons ider whether it wishes to immediately consolidate its general municipal election or stretch the process out in order to mon itor the legislative and lega l landscape. The proposed plan would effectuate an immediate consolidation in light of the increased costs of standalone elections . CITY STRATEGIC GOALS: City Council's direction regarding SB 415 compliance will further the City's Strategic Goal of Good Governance and Citizen Education an d Communication . FISCAL IMPACT: This item wi ll have an impact on the Fiscal Year (FY ) 2017-18 City Budget should the City Counci l call for a Special Election to amend the City's Charter. The estimated c ost to add a measu re to the Los Angeles County's J u ne 5, 2018 election is approxi mately $46,000 . It would be necessary to allocate money from the Unreserved Fund Balance to the Election Fund . ATTACHMENTS: A. Resolution No. 17-5293 adopting plan for compl iance with Senate Bill 415 B. Senate Bill No . 415 C . Attorney Ge neral's Opinion Letter on Senate Bill 415 ATTACHMENT A RESOLUTION NO. 17-5293 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA , ADOPTING A PLAN FOR COMPLIANCE WITH SENATE BILL 415 AND THE REQUIREMENT THAT THE CITY CONSOLIDATE ITS MUNICIPAL ELECTION WITH A GENERAL STATEWIDE ELECTION WHEREAS, under the provisions of the Charter of the City of Temple City , the City must hold its municipal elect ions on th e first Tuesday after the first Monday in March of each odd-number year; and WHEREAS, on September 1, 2015, Governor Jerry Brown signed Senate Bill No . 415 (SB 415), also known as the Voter Participation R ights Act, Into law add ing sections 14050-14057 to the California Election Code ; and WHEREAS, SB 415 requires ci ties meeting certa i n statutory thresholds to consolidate their general mu n icipa l elections with a statewi de election ; and WHEREAS , based on the voter turnout data for the four most recent statewide general e lection s on the Cou nty Registrar-Recorder website, as well as turnout data for t he City's most recently-held General Municipal Election, Temple City meets the statutory threshold s and must consolidate its municipal election with a statewide election; and WHEREAS, comp lian ce wi th SB 415 requires the City to adopt by December 31, 2017 a "plan" for full compliance w ith th e Bill's provisions that expla ins how the City will consolidate fut ure elections with general statewide elections; and WHEREAS, full compliance must be achieved by November 8 , 2022 ; and WHEREAS, there had been some question about the applicabi lity of SB 415 to charter cities but the California Attorney General having op ined that charter ci t ies are subject to its terms, the City must adopt a plan for full compliance. NOW, THEREFORE , THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS : SECTION 1. That pursuant to Elections Code 14052 as enacted by SB 415, this resolution shall constitu te a plan fo r fu ture consolida tion of the City's municipal elections with general statewide elections . SECTION 2 . That City staff will bring to the City Cou ncil in early 2018 a charter amendment that would change the City's general municipal election date to be in compliance with SB 415. SECTION 3. That City staff will review SB 415 and all other applic able laws to rec ommend the co nsolidati on of future municipal e lect ions in a manner that best achieves the purposes of the Charter while comp lying wit h SB 415 . SECTION 4. That if, prior to bringing the charter amendment to the City Council, a change in the law results in charter cities being exempt from SB 415 's coverage, this matter will be retu rned to the City Council for further analysis and d irection. SECTION 5. That the City Council und erstands that, upon approval of the charter amendment and consolidation of subsequent municipal elections with general statewide elections, the th e n-current City Counci l terms would be modified to comply with the requ irements of SB 415 . SECTION 6. That t he City Clerk shall ce rtify to the passage and adoption of this Re so lu tion and enter it into the book of original Resolutions; PASSED, APPROVED AND ADOPTED ON DECEMBER 191h , 2017 . Cynthia Sternqu ist, Mayor ATTEST: APPROVED AS TO FORM : Peggy Kuo , City Clerk Eric Va il , City Attorney I, City Clerk of the City of Temple City , hereby cert ify that the foregoing resolut ion , Resolution No. 17-5293 was duly adopted by the C ity Council of the City of Temple City at a regu lar meet ing held on the 19th day of December, 2017 , by the following vote : AYES : NOES: ABSENT: ABSTAIN : Councilmember- Councilmember- Councilmember- Councilmember- Peggy Kuo, City Clerk 10/30/201 7 Home Bill Tex t -SB-415 Voter participat ion. ATTACHMENT B f3v;{;{;;~ ? LEGISLATIVE INFORMATION Bill Information California Law Publi cations ! Other Resources My Subscriptions My Favorites SB-41 5 Vo t e r participati o n . (2015·2016) SHARE THIS: m ~~ Sen ate Bill No. 415 CHAPTER 235 An act t o add Chapter 1. 7 (commencing with Secti on 14050) to D ivisi on 14 o f the Election s Code, rel ating t o el ect ions. [ Approved by Governor September 01, 2015. Filed with Secretary of State September 01 , 201 5 . J LE G ISLATIVE COUNSEL'S DIGEST SB 415, Hueso. Voter participation. Existin g law generally r equ ires all state, county, municipal, d istrict, and school district elections be held on an established election da te. Exi sti ng law also establi shes cert ain dates for statewide elections. Ex is ting l aw requires any state, county, municipal, di stri ct, and schoo l district election he ld on a statewide e lection date to be co n so l ida ted with a sta t ewide e lection, except as provided. Thi s bi ll, commenci ng January 1, 2018, wou l d proh ibit a p olitical subdivision, as defined, from holding an el ection other than on a statewide election date If hold ing an el ection on a nonco ncurrent date has previously resulted In vo ter t ur nout for a regu larly sc heduled electio n In t hat pol itical subdivision being at least 25% less than the ave rage voter turnout within the political su bdivision for the previou s 4 st atewide general e lections, except a s specified . Th i s bill would require a court t o implement appropriat e rem edies upon a violation of th is prohibition. The bill would authorize a voter w ho resides In a po litical subdi vision where a viola t ion Is alleged to fil e an action In superior court t o enforce this prohibition, and it wou l d a ll ow a prevailing pl ainti ff othe r than the state or po litica l subdiv isi on to collect a reasonab l e attorney's fee and litigation expenses, as prov ided. Vo te : majority Appropriation: no Fiscal Co mmittee: no Lo cal Program: no THE P EOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: S ECT ION 1. Chapter 1.7 (commencin g w i th Sectio n 14050) Is added to Divisi on 14 of the El ect ions Code, to read: CHA PT ER 1.7 . Voter Participation 14 050. T h is chapter sha ll be kn own and may be cited as t he California Vote r Pa rticipation Righ ts Act. 14051 . As used In thi s chapter: (a ) "Political subdivision" mean s a geographic area of r epresentation created for the prov i sion of government se rvices, including, but not limited t o, a city, a school d istrict, a commu nity college distr ict, or ot her d i strict https://legfnfo .legfsla ture.ca.gov/faces/biiiTextCif ent.xhtml?bfll_ld =201520 160SB415 1/2 10/30/2017 Bill Text -SB-4 15 Voter participation. organized pursua nt to state l aw . (b) "Si gn ificant decrease in voter turnout" mean s the voter turnout for a r egu l arly schedul ed el ection In a politica l subd i vision i s at least 25 percen t less than t he average voter turno ut within that politi cal subdivi sion for the previous four statewide genera l el ections. (c) "Vot er turnout" m eans t h e percentage of voters who are elig i ble to cast ballots with in a given po l itical subdivision who voted . 14052. {a) Except as provided In subd ivis ion (b), a po li tical subdivision sha ll not hol d an el ecti on other than on a statewide e lect ion dat e If hol ding an e lection on a no nconcurren t date has previous l y resulted i n a significant dec rease in voter t urnout. (b) A political subdivi sio n may ho ld an elect io n other t han on a statewi de el ection date if , by January 1, 2018, the po l itica l subd iv i si on ha s adopted a plan to co nso lidate a future election with a statewide election not later than the November 8, 2022, st atewide ge n er al e l ection. 1405 3. Upon a finding of a violat ion of subdivision (a) of Section 14052, the court sha ll impl em e nt appropriat e remedies, including the Impos it ion of co ncurren t election dates for f ut ur e elections and t he upg rade of voting equipment or systems t o do so. In imposing re m edi es pu r suant to this section, a court may a lso require a county boa rd of su pervisors to approve conso l idation pursu ant t o Sect ion 10402.5. 14054. I n an acti on t o e nforce subdivision (a) of Section 14052, the co urt sha ll allow the prevailing plaintiff other than the state or political subd ivi sion of the state, a reasona ble attorney's fee cons istent with the standards establ ished In Serrano v. Prie st ( 1977) 20 Cal.3d 25, 4 8-49, and li tigati on expen ses Includi ng, but not limited to, expert w itness fees and ex penses as part of the costs. A prevailing defenda nt shall not re cove r any costs, u nless t he court finds the action to be fri vo lous, u nreaso nable, or w it hou t f oundation. 14055. A voter w ho r es ides in a political su bdivision wh ere a v iola tion of subd i vision (a) of Section 14052 i s alleged may fi l e an action purs uant to that se ction In t he superi or court of t he county In w h ich the pol itical subdiv ision is located. 14056 . This chapter does not ap ply to speci al elec tions. 14057. This chapter sha ll beco m e operative on Jan u ary 1, 2018. h tlps:/neginfo.l egisl atu re. ca.gov/faces/biiiTextCiien t.xhtml?blll_id=20 1520 160SB415 2/2 ---------------- TO BE PUBLISHED IN THE OFFICIAL REPORTS OFFICE OF THE ATTORNE Y GENERAL State of California OPINION XAVIER BECERRA A ttorney Gen eral No. 16-603 ATTACHMENT C of July 11 , 2017 XAVIER BECERRA Attorney General LAWRENCE M. DANIELS Deputy Attomey General THE HONORABLE CHRIS R. HOLDEN, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following question: Does the California Voter Participation Rights Act app ly to charter cities, and to local school districts whose elections are governed by city charters? CONCLUSION The California Voter Participation Rig hts Act applies to charter cit ies, and to l ocal schoo l districts whose elec tions are governed by city charters. 16-603 ANALYSIS California holds statewide e lec tions in June and November of every even- numbered year. 1 Local e lections held on the statewide election dates ar e r efelTed to as "consolidated," "concur rent," or "on-cycle,'' whereas those held on other dates are described as "nonconcurr ent'' or "off-cycle. "2 In 20 15, faced with the problem of sub stantiall y lower voter turno ut in off-cycle e l ections, the Legislature enacted the California Voter Participation Rights Act ("Act").3 The Act, which becomes oper ative on Janu ary 1, 20 18,4 requires any "poli tical subdivision" whose elections have a "significant decrease in voter turnout" to hold it s electi ons on a statewide e lection date. 5 The Act defines "political subdiv ision" as "a geographic area of repr esentation created for the provis i on of government services, in cluding, but not limited to, a city, a school di strict, a community co ll ege district, or other district organized pursuant to state l aw."6 A "[s]ignificant decre ase in voter turnout" occurs where "th e voter turnout for a regularly scheduled electi on in a political su bdi vision is at least 25 percent less than th e average voter turnout within that political subdivision for the previous fo ur statewid e general el ections."7 And "voter turnouf' is "th e percentage of voters who are eligible to cast ballots within a given political subdivisi on who voted."8 The question presented is whether chart er c iti es (and school 1 Elec. Code, § 1001; see E lec. Code, §§ 1200 ("The statewide general election shall be held on the first Tuesday after th e first Monday in November of each even-numbered year"), 1201 ("The statewide direct primary shall be hel d on the first Tuesday after the first Monday in June of each e ven-numbered year"). 2 E lec. Co de, §§ 10 403, 14052, 14053; Cal. Common Cause, Gettin g to 100%: How Changing the Election D ate Can Improve Voter Turnout (Feb. 20 15) p. 3. 3 Stats. 2015, ch. 235, § 1, eff. Jan. 1, 2 01 6, operative Jan . 1, 20 18 (adding Elec. Code, div. 14 , ch. 1.7, §§ 14050-14057); see Berry & Gersen, Th e Timing of Elections (Winter 2 0 10) 77 U of Chi.L.Rev 37, 55 & fn. 66 (in California, "(o]ff-cycle elections generate systematically lower turnout"). 4 Elec. Code, § 14057. 5 E lec . Code, § 140 52, subd . (a); see also E l ec. Code, § 14052, subd. (b) ("A political subdivision may h old an election other than on a statewide election da te if, b y January 1, 2018, the political subdi vis ion has adopted a plan to co nsolidate a future e lection with a statewide e lecti on not l ater than the November 8, 2022, stat ewide gen eral e lection"). 6 Elec. Code, § 14051 , subd. (a). 7 Elec. Cod e,§ 14051 , subd . (b). 8 Elec. Code,§ 14051 , subd . (c). 2 16-603 districts whose elections are governed by those cha1ters9), by viltue of the California Constitution's "home-rule" provision, need not comply with the Act, or whether chatter city law must yield to the Act where the two conflict. For the reasons that follow, we conclude that under such circumstances the Act controls. We begin our analysis with the law on charter city autonomy. The California Constitution, mticle XI, section 5 gives charter cities the power to legislate "in respect to municipal affairs" over inconsistent state law.10 These municipal affau·s include the "conduct of city elections" and "the times at which ... the several municipa l officers ... whose compensation is paid by the city shall be e lected .... "11 But a charter city's "home-rule" authority over municipal affairs is not abso lu te; state law may trump chatter law on matters of"statewide concern."12 The California Supreme Court has set forth a four-prut test to determine w hen a state statute preempts a charter city law.n Under this test, a coutt must determine: (I) whether the charter city law regulates a municipal affair; (2) whether there is an actual conflict between the charter city law and the state statute; (3) whether the state statute addresses a matter of statewide concern; and (4) whether the state statute "is reasonably related to reso lution of that concern and narrowly tailored to avoid unnecessary interference in local governance." 14 "If the court is persuaded th at the subject of the state statute is one of statewide concern and that the statute is reasonably related to its resolution [and not unduly broad in its sweep], then the conflicting ch atter city measure ceases to be a 'municipal affair' pro tanto and the Legislature is not prohibited by article XI, section S(a), from addressing the statewide dimension by its own tailored enactments." 15 9 Like charter cities, school districts within chatter cities whose charters govern their elections are normally exempt from the requirement that local elections be held on one of four "established electi on d ates," which include the statewide election dates. (Elec. Code,§§ 1000, 1002, 1003, subds. (b), (d).) 1° Cal. Const., art. XI, § 5, subd. (a). 11 Cal. Const., rut. XI,§ 5, subd. (b)(3), (b)(4); see also Cal. Const., att. IX,§ 16 , subd. (a) (city charter m ay regulate school board elections). 12 State Bldg. and Const. Trades Council of Cal., AFL-CJO v. City of Vista (2012) 54 Cal.4th 547, 552, 555-556 (Vista). 13 Vista, supra, 54 Cal.4th at p . 556; Cal. Fed. Savings & Loan Assn. v. City of Los Angeles (1991) 54 Cal.3d 1, 16-17 (Cal. Fed.). 14 Vista, supra, 54 Cal.4th at p. 556, intern al quotation marks, internal citations, and ellipses omitted. 15 Vista, supra, 54 Cal.4th at p . 556, internal quotation marks and ellipses omitted. 3 16-603 In Jauregui v. City of Palmdale, the Comt of Appeal utilized this preemption test in a case concerning the California Voting Rights Act of 200 1 (CVRA).16 The CVRA sought to remedy minority vote dilution-a different voting-rights prob lem than the one that the Act addresses, i.e., low voter turnout in off-cycle elections. As exp lained in Jauregui , the CVRA was "adopted to prevent an at-large electoral system from di luti ng minority voting power and thereby im pairing a protected class from influencing the outcome of an election."17 At iss ue in Jauregui was whether the CVRA applied to charter cities.18 Using the California Supreme Comt's preemption test from Vista, the Court of Appeal in Jauregui first determined tha t a charter city's selection of at-large elections over district-based e lections was a "municipal affair'' because "article XI, section 5, sub division (b) express ly identifies the conduct of city e lections as a munic ipal affair."19 Second, the comt found that there was an "actual confl ict" between the CVRA and the city charter provis ion upon finding vote dilution of a protected c lass.20 Third, the court exp lained that the CVRA involved a statewide concern as it imp li cated the constitutional rights to vote and equ al protection as well as electoral integrity.21 Fina ll y, the comt reasoned that the CVRA was natTowly drawn and reasonably related to the resolution of these statewide concerns since the CVRA only applied to at-l arge council e lections wh en there has been vote dilution of a protected class .22 Based on its analysis, the Comt of Appeal concluded that the "home-rule" provis ions of atticl e XI, sect ion 5 did not prevent the CVRA from being enforce d in chatter cities.23 The Co urt of Appeal 's analysis now informs our own as we apply this same preemption test to the Act. First, we also find the Act regulates a municipa l affair-the decision when to h old a local e lection . The state Constitution enumerates the "conduct of city elections" and "the times at which ... the several municipal officers ... shall be e lected" as two 16 Jauregui v. City of Palmdale (20 14 ) 226 Cai.App.4th 781, 795-802 (Jauregui); see Stats. 2002 , ch. 129, § 1; Elec. Code,§§ 14025-14032. 17 Jauregui, supra, 226 Cal.App.4th at p. 789. 18 Jauregui, supra, 226 Cal.App.4th at p. 788. 19 Jauregui, supra, 226 Cal.App.4 th at p. 796, citing Johnson v. Bradley (1992) 4 Ca l.4th 389 , 398 (Johnson). 20 Jauregui, supra, 226 Cal.App.4th at pp. 796-798. 21 Jaur egui, supra, 226 Cal.App.4th at pp. 798-801. 22 Jauregui, supra, 226 Cal.App.4th at p. 802. 23 Jauregui, supra, 226 Cal.App.4th at p. 802 . 4 16-603 categories of municipal affairs.24 A charter city's decision t o hold a lo cal election on a date other than a statewide electi on date involves t he conduct of city elections and may also involve the times at which municipal officers are elected. Second, an actual conflict exists between state and charter city law. As a threshold matter, we find that the Legislature intended the Act to apply to chatter cities and school districts. The Act specifically includes "a city" and "a school district" under the definition of"political subd ivi sion."25 A chaJter city is a city.2 6 Moreover, a chatter city and a school district fall within the deftnition of "political subdivision" under the Act, as each is "a geographic area of representation created for the provision of government services ... :m The Court of Appeal in Jauregui applied the CVRA's identical definition of "political subdivision" to charter cities, 28 and we presume that the Legislature enacted the same language in the Act in light of this judicial ruling.29 The presumption is bolstered here by the author's statements during legislative hearings that the bill covered chatter cities.3 0 Under this interpretat ion, the Act actuall y conflicts with 24 Cal. Const., art. XI, § 5, subds. (b)(3), (b)(4); see Johnson , supra, 4 Cal.4th at p . 398; Jauregui, supra, 226 Cal.App.4th at p. 796. 25 E lec. Code, § 14051, subd. (a) ('"Political subdivision' means a geographic area of representation created for the provision of government servi ces, including, but not limited to , a city, a school district, a community college district, or other district organized pursuant to state law"); see Elec. Code, § 14052, subd. (a) ("a political subdivis ion shall not hold an election other than on a statewide el ection date if h olding an election on a nonconcurrent date has previously resulted in a significant decrease in voter turnout"). 26 Gov. Code, §§ 34100, 34101; Jaur egui, supra, 226 Cal.App.4th at p. 794 ("The Legisl ature recognizes two types of cities. The first kind, a municipality organized under a charter, is a charter city"). 11 Elec. Code,§ 1405 1, subd . (a); see Cal. Const., art. IX,§ 14, rut. XI,§§ 5, 7, 9; Ed. Code,§§ 1040 , 1042, 1240,35160,35 160.1,35 160.2. 2 8 Jauregui, supra, 226 Cal.App.4th at pp. 796-798; see former Elec. Code, § 14026, subd. (c), as enacted by Stats. 2002, ch. 129, § 1. In 2015, the Legislature codified Jauregui's holding by expressly including "chmter city" in the definition of "political subdivision" in the CVRA. (Stats. 2015, ch. 724, § 2; Assem. Com. on Elections and Redistricting, Analysis of Assem. Bill No. 277 (2015-2016 Reg. Sess.) as introduced Feb. 1 1, 2015 , p. 8 .) 29 People v. Harrison (1989) 48 Cal.3d 321 , 329 ("Where a statute is framed in language of an eru·lier enactment on the same or an analogous subject, and that enactment has been judicially construed, t he Legislature is presumed to have adopted that construction"). 30 Assem. Standing Com. on Elections and Redistricting, Heating (Jul. 1, 20 15), 5 16-603 charter city law where the chatter city's off-cycle elections res ul t in a s ignificant decrease in voter turnout. Specifically, chatter city law all ows off-cycle elections, yet the Act prohibits them.31 When this happens, the conflict "is in fact a genu in e one, unresolvable short of choosing between one enactment and the other."32 Thi rd, the Act addresses a matter of statewide concern : low voter t urn out in off- cycl e e lections. To determine whether a statewide concern is present, we consid er whether th ere is a "a convincing basis fo r legislative action or iginating in extramunicipal concerns, one justifying legis lat ive supersession ba sed on sens ible, pragmatic considerations."33 In doing so, we must "avoid the error of 'compartmentalization,' that is, of co rd on ing off an entire area of governmental activity as either a 'municip al affair' or one of statewide concem."34 A finding of statewi de concern does not mean that the charter city law is not of municipa l concern, but "rather, that under th e historical circumstances presented, th e state has a more substanti a l interest in the subj ect than the charter ci ty. "3 5 testimony of Sen . Ben Hueso, ava ilable at https://ca.digitaldemocracy .org/hearing/383 ?st artTime=114&vid=G-cKeAH j51 U, at 2:00 , 3:29 (where the bil l's author states that th e Act app li es to charter cities, wh ich, according to his research , does not violate the state Constitution); see Walt ers v. Weed (1988) 45 Ca l.3d 1, 10-11 (the "almos t irresistible" presumptio n that the Legislature used langu age in the same sense as it was judicially construed in another statute "is strengthen ed furth er by the au th o r's statements at the committee hearing " suppmting th is construction). 31 E lec. Co de,§§ 1405 1, subd. (b), 14052, s ubd. (a). 32 Cal. Fed., supra, 54 Cal. 3d at pp. 16-1 7 . While the Act and chatter city law are not "entirely at odds" becau se a charter city may still hol d off-cycle elections if there is no s ignifi ca nt decrease in voter turnout (Jauregui, supra, 226 Cai.App.4th at p. 797), for an actual conflict to be present, "a loca l enactment may on ly contravene some aspects of a state law or do so only to an extent" (id. at p. 798, citing Domar Electric, In c. v. City of Los Angeles (1995) 41 Cal.App.4th 810 , 822). I n Jauregui, there was an actual conflict even though the CVRA "d oes not prohibit city-wide co uncil elections" but only does so if the charter c ity's "at-large electoral system" results in "a dilution of a protected c lass's voting ri g hts .... " (Jauregui, supra, 226 Cai.App.4th at p. 798.) Likewise, there is an actual conflict whenever the chatter c ity's off-cycle elect ions meet the statutory standard of a s ign ificant decrease in voter turnout. 3 3 Cal. Fed., supra, 54 Cal. 3d at p. 18. 14 Cal. Fed., supra, 54 Cal.3d at p. 17 . 35 Cal. Fed., supra, 54 Cal.3 d at p. 18 . 6 16-603 ----------- Califomia's off-cycle elections generall y have a substantially lower voter turnout than its on-cycle e lecti ons.36 According to one report-cited in the legis lative history about California mayoral and councilmanic elections-"simply moving an election to be synchronized wi th the even year state elections can result in a 21-36 percent boost in voter turnout for municipal and other local el ections. "37 Some commentators maintain that off-cycle elections often have low voter tumout "because they are formally nonpattisan and deliberately timed not to coincide with other e lections, when the public's attention is at its peak."38 The Act's purpose, according to the bill's author, was to combat the "abysmal" voter turnout in certain off-cycle elections by holding them "concurrently with statewide and federal electi ons, where voter turnout is often twice as high."39 Given these historical circum stances, we believe that the state has a more substantial interest in tackling the prob lem of low voter turnout in off-cycle elections than a charter city has in setting off-cycle dates for its local elections.4 0 Here, as in Jauregui, there are grounds for finding a matter of statewide concern-the constitutional right to vote and the integrity of the electoral process.41 36 Berry & Gerson, supra , 77 U of Chi.L.Rev at p. 55 & fn. 66. 37 Sen. Rules Com., Off. of Sen. Floor Analyses, Unfinished Business Analysis of Sen. Bill415 (2015-2 016 Reg . Sess .) as amended Jun. 23, 2015, p. 11; see Hajnal, Lewis, & Louch, Public Policy Institute of Cal., Municipal Elections in Cal.: Turnout, Timing and Competition (2002) pp. 35-37. 38 Raam , Charter School Jurisprudence and th e Democratic Ideal (Fall 20 16) 50 Colum. J.L. & Soc. Probs. 1, 23, internal quotation marks omitted; see Cal. Const., art. II, § 6, subd. (a) (all school and city offices must be nonpattisan). 39 Sen. 3d reading analysis of Sen. Bill 415 (20 15-20 16 Reg. Se ss.) as amended Jun. 23, 2015, p. 3 . 40 It is claimed that charter cities have a "categorical" supremacy over city-officer elections based on their constitutionally granted "plenary authority" in these matters. (See Cal. Const., art. XI, § 5, s ubd. (b)(4).) We are particularly directed to Mackey v. Thiel (1968) 262 Cal.App.2d 362, where the Comt of Appeal ruled that a state statute mandating that the city clerk mail qualification pamphlets upon a candidate's r equest must give way to the charter city's refusal to do so. (!d. at pp. 363-366 .) In r eaching its decision, the appellate court determined th at the statute at issue was not of statewide concern as it did not "involve[] the right to vote." (!d. at pp. 365 -366.) The court's own rationale therefore refutes the id ea that a charter city's sovere ignty over city elections is abso lute . (See also Jauregui, supra, 226 Cal.App.4th at pp. 803-804 ["The plenary authority identified in a1ticle XI, section 5, subdivision (b) can be preempted by a statewide law after engaging in the four-step eval uation process specified by our Supreme Court"].) 41 See Jauregui, supra, 226 Cal.App.4th at pp. 799-801, citi ng U.S. Const., 14th 7 16-603 As th e Jauregui court observed, "[t]he right to vote is fundam ental" and the federal and state Constitutions protect it.42 The Cal ifornia Constitution dev otes several sections to this ri ght, providing that "[a]ll politica l power is inherent in the people,"43 that any United States citi z en and resident at least 18 years old may vote,44 that every vote must count and be secret,45 and that the Legislature is re sp onsi bl e for providing "free e lectio ns."46 As at-l arge elections may impinge on voting by caus ing voter dilution, off-cycle elections may imp inge on voting by cau s ing low voter turnout. The state 's interest in facilitating the exercise of the people 's right of suffrage "is one that goes to the legitimacy of th e e lectoral process" and arises not "merely from a muni cipal concern."47 Amend. & Cal. Canst., att. I, § 7, subd. (a), art. II, § 2. An isolated co mment in the legisl ative recor d a lso raises possible equal protection co ncerns from low voter turnout in off-cycle elections. The bill's author stated, "As a result of low vote r turnout, the voting population often does not look like the general public as a who le and n e ither do es the city council." (Se n. Com. on E lec. & Const. Amends ., ana lysis of Sen. Bill 415 (2015-2016 R eg. Sess.) as amended Apr. 15, 2015 , p. 4 .) It may be, as some advocat es argue, that off-cycle e lection s di sp r opmtionately affect th e voting of cettain rac ial group s. (See, e.g., Bums, New Law Might Mess With Odd-Year District Elec t ions, Santa Barbat·a Indep end ent (Sep. 17, 20 15), availab le at http://www.independent.com/news/2 0 15/sep/17 /new-law-might-mess-odd-year-district-e lections/; Cal. Common Cause, supra, at p. 2 & fn. 6; see also US. v. Village of Port Chester (S.D.N.Y. 2010) 704 F.S upp .2d 4 11, 444 [in a federal Voting Rights Act action, finding that "off-cycle and staggered Trustee elections contribute to the Hispanic community 's difficulty in electing its candidates of choice and 'enhance the oppmtunity for di scriminati on against Hispanics'"].) At any rate, we need not reach this issue given our other bases for finding low voter turnout to be a matter of statewide concern. 42 Jauregui, supr a, 226 Cal.App.4th at pp. 799-80 0; see Yick Wo v. Hopkins (1886) 1 18 U.S. 356, 370 (the ri g ht to vote is "a fundamental political right, because preservat iv e of all right s"); Ca wdr ey v. City of R edondo Beach (1993) 15 Cal.App.4th 1212, 1226 (recognizing "the fundam ental ri g ht to vote" as "obviously" a matter of statewide concern). 43 Cal. Canst., art. II, § 1. 44 Cal. Canst., att. II , § 2. 45 Cal. Canst., art. II,§ 2.5, 7. 46 Cal. Const., art. II, § 3. 47 J auregui , supra , 226 Cal.App .4th at p . 800; see 0 'Ca llagh an v. State (Alaska 1996) 914 P.2d 125 0, 1263 ("The State's interes ts in encouragi ng voter turnout ... are important and are le gitimate objectives fo r a state to seek t o achieve when structurin g 8 16-603 Moreover, significantly lower voter turnout in off-cycl e elec ti on s affects electoral integ ri ty. Th e Califomia Supreme Cotui has in structed that "th e integrity of the el ectoral process, at both the state and local level, is und ou btedly a statewide concern."48 In Jauregui, in concludi ng that the California Voting R ights Act govemed a matter of s tatewide concern, the Comt of Appeal reasoned, "Electoral results lack integr ity wher e a protected class is deni ed equal patticipation in the electoral process because of vote diluti on."49 One meaning of "integrity" is the "[s]tate or q uality of being complete, undivided, or unbroken; entirety; as the in tegrity of an emp ir e."50 Elections are less "complete" when there is significantly lower voter turnout b ecause fewe r eligible voters are participating in the electoral p rocess. 5 1 This tum o ut therefor e undermines electoral integrity and thus involves a matter of statewide con cern. 52 This concem potentially election procedures"); see a lso Assem. Standing Com. on E lection s and Redistricting, Hearing (J ul. 1, 2015), te stimony of Sen. Ben Hueso, available at https ://ca.digitaldemocracy.org/hearing/383 ?startTime=1 14&vid=G-cKeAH j51 U, at II :27 (the bill is "trying to create a situation in which you're making it easie r for people to weigh in to dec isions that affect their li ves in a big way"). 48 Johnson, supra, 4 Ca1.4th at p . 409, citing 35 Ops.Cal.Atty.Gen . 230, 231-232 (1960) (conc luding that a s tate s tatute r equirin g th at candidates comply with campaign fmancial disclosure laws governed a matter of statewide concern because it was "aim e d at obtaining the election of p er sons free from d omination by self-seeking individuals or pressure groups"). 49 Jauregui, supra, 226 Cal.App.4th at p. 801. so Webster's New Internat. Diet. (2d ed. 19 6 1) p. 1290, col. 3; see a lso Random Hou se Webster's Unabridged Diet. (2d ed. 1997) p . 990, col. 2 (defining integrity as "the state of being wh ole, entire, or undiminished"); Merriam-We bster onlin e, at https://www.merriam-webster.com/dictionary/i ntegrity (defining integrity as "the qual ity or state of being compl ete or undivided"). 51 In other contexts, too, integrity has b een construe d to include completeness. (E.g., People v. Santana (2013 ) 56 Cal.4th 999, 1004 [interpreting our mayhem statute]; State v. Pratt (Neb. 2014) 842 N.W.2d 800, 810-811 [interpreting Nebraska's DNA testing statute]; Carelli Wong & Associates, In c. v. Nichols (N.D. Ill. 2008) 551 F.Supp.2d 704, 709 [interpreting the federal Computer Fraud and Abus e Act].) 52 Analogously, in 20 13 , the Legislature amended other statutes to requir e that certain elections on city charters occur only on established statewide general election dates. (Stats. 2 013 , ch. 184, § 2; Elec. Co de, §§ 14 15, 9255, 9260; Gov. Co de, §§ 34457, 34458.) The bill's purpose was to increas e voter participation for these el ections. (Assem . Com. on Elections and Redistricting, Analysis of Sen. Bill No . 311 (20 13-2014 Reg. Sess.) as amende d Jun. 18, 2013, pp. 3-7.) Similarly, two years earlier, the Legislature had circumscribed th e d ates of th ese e lections to a lesser degree to secu re 9 16-603 arises in all off-cycle local elections, including those held in charter cities. In light of the statewide concerns about voter participation in off-cycle elections, we readily conclude that the Act does not solely address municipal matters. 53 Finally, we find the Act to be reasonably related to the resolution of the statewide concerns discussed above. As mentioned, election stud ies support the Legislature 's determination that consolidating low-turnout off-cycle elections with statewide elections would increase voter participation in local elections.54 The Act is also narrowly tailored to avoid unnecessary int etference in loca l governance. It applies only when the locality has a qu an tifiably (at least a 25%) lower voter tumout in its regularly scheduled elections than in its statewide genera l elections .55 So it does not affect charter cities whose off- cycle elections do not manifest this difference in voter turnout. 56 While a charter city's constitutional sovereignty over its municipal affairs should not be minimized, it must at times yield to statewide concerns. When off-cycle elections result in significantly decreased voter participation, they compromise "the essence of a democratic form of government,"57 raising an important matter of statewide. concern. For "broader voter patticipation." (!d. at p. 6.) In so doing, the Legislature acted "to ensure the statewide integrity of local government," thereby addressing "an issue of statewide concern." (Stats. 20 11, ch . 692, § 10.) 53 See also Cal . Fed., supra, 54 Cal.3d at p. 24 (any doubt as to whether a matter is solely a municipal concern "must be resolved in favor of the leg is lative authority of the state," internal quotation marks omitted). 54 It is argued that consolidating off-cycle elections with statewide elections is counterproductive because voters often pay less or no attention to local elections near the end of lengthy ballots as a result of "choice fatigue ." During the legislative process, opposing positions on this issue were presented to the Legislature. (Compare Sen. Rules Com., Off. of Sen. Floor Analyses, 3d reading analysis of Sen. Bill 415 (20 15-2016 Reg. Sess.) as amended Apr. 28, 2015, pp. 5-6 ["Voter fatigue would likely counteract any benefit of forcing such a change as Agency elections would fall toward the end of a crowded bal lot"] with id. at p. 5 ["Elections held on the same date can help reduce voter fatigue and make voting more habit forming"].) We need not enter into this policy debate, which the Legislature apparent ly resolved, to decide that the Act reasonably addressed the structural p rob lem of low voter turnout in off-cycle e lections. 55 Elec. Code,§§ 14051 , subd. (b), 14052, subd. (a). 56 Cf. Jauregui, supra , 226 Cal.App.4th at p. 802 (finding the CVRA was nanowly tailored because it permits "citizens to challenge city-wide elections and, only if there is vote dilution, permit[s] a court to impose reasonable remedies to a ll eviate the problem"). 57 Jauregui, supra, 226 Cai.App.4th at p. 800. 10 16-603 these reasons, we con clud e that the Cali fo rn ia Voter Parti ci p ati on Rights Act a pplies to charter cit ies, and to local school di stri cts whose e lections are governed by city charters. ***** 11 16-603