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.
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February 20 , 2018
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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
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February 20 , 2018
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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
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February 20 , 2018
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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
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February 20 , 2018
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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
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February 20 , 2018
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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
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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.
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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 .
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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),
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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 .
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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
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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
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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
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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.
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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.
*****
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