TO:	HONORABLE MAYOR AND COUNCIL MEMBERS	FROM:	PATRICIA L. O’HEARN CITY CLERK
SUBJECT:	ELECTION 2004 CALL FOR MARCH 2, 2004	DATE:	OCTOBER 10, 2003

RECOMMENDATION

That the City Council adopt a Resolution calling for a General Municipal Election to be held in the City of San Jose on Tuesday, March 2, 2004 for the purpose of electing one Council Member each from Districts 2, 4, 6, 8 and 10, to four year terms beginning January 1, 2005 and ending December 31, 2008, and requesting that the election be consolidated with other Santa Clara County elections being held on that day.

BACKGROUND AND ANALYSIS

State Election law provides that the governing body of a City may, by resolution, request the Board of Supervisors of the County to permit the County elections official, i.e., the Registrar of Voters, to render specified services to the City relating to the conduct of an election.

The Resolution

1. Requests consolidation with the State Primary to be held on March 2, 2004.

2. Requests the Board of Supervisors allow the Registrar of Voters to provide certain election services as requested by the City Clerk such as, coordination of election precincts, polling places, voting booths, voting systems and election officers, checking of nomination petitions, printing and mailing of voter pamphlets and tabulation of the votes cast.

3. Sets a 200 word limit on candidate statements.

4. Approves the submittal of direct arguments for and against ballot measures but determines that rebuttal arguments shall not be allowed.

5. Establishes a fee of $200 for any person who files a Notice of Intent to circulate a petition with the City Clerk and directs the City Clerk to forward a copy of any measure qualifying for a place on the ballot to the City Attorney for an impartial analysis, other than a measure affecting the organization or salaries of the Office of the City Attorney.

The Council’s last regularly scheduled meeting during the Nomination Period, November 10 through December 5, 2003 at Noon, is December 2, 2003. If the Council wishes to refer ballot measures to the March 2, 2004 election, the action would have to be taken at that meeting or at a Special Meeting held after December 2 but prior to Noon on December 5, 2003 the statutory deadline. Should the Council refer ballot measures, on its own motion, to the March 2, 2004 election, such a Resolution would include the title, ballot language, and a lineout exhibit of changes, if any, to existing documents, should the proposals be approved by the electorate.

CONCLUSION

Adoption of the Resolution calling for a General Municipal Election to be held on March 2, 2004 will initiate the publication process and enable the City Clerk to publish the Notice of the Election on November 10, 2003, the first day of the Nomination Period, to consolidate the City’s General Municipal Election with others being held in Santa Clara County on March 2, 2004 and to call on the Registrar of Voters for certain election services as may be requested for that election.

PATRICIA L. O’HEARN

CITY CLERK

CC: City Attorney