Subject: Call for March 5, 2002 Election

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 5, 2002 for the purpose of electing a Mayor and one Council Member each from Districts 1, 3, 5, 7 and 9, to four year terms beginning January 1, 2003 and ending December 31, 2006, referring to the ballot on its own motion any measures, 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 5, 2002.

2. Refers ballot measures, if any, to the March 5, 2002 election.

3. 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.

4. Sets a 200 word limit on candidate statements.

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

6. 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 13 through December 7, 2001 at Noon, is December 4, 2001. If the Council wishes to refer ballot measures to the March 5, 2002 election, the action would have to be taken at that meeting or at a Special Meeting held after December 4 but prior to Noon on December 7, 2001 the statutory deadline. The Resolution to be prepared following Council action on December 4, 2001 will include ballot language for any measures referred to the March 2002 election which the Council may deem appropriate.

CONCLUSION

Adoption of the Resolution at this time will enable San Jose to consolidate the City’s General Municipal Election with others being held in Santa Clara County on March 5, 2002 and to call on the Registrar of Voters for certain election services as may be requested.

PATRICIA L. O’HEARN

CITY CLERK