Title
Discussion Regarding Call for a Special Election if No Qualified Person is Appointed to the District 1 Council Seat on or by February 29, 2024
Staffreport
SUMMARY AND RECOMMENDATIONS
City of San Leandro Charter Section 250 provides that a vacancy in the office of Council Member shall be filled by appointment by the Council. If the Council fails to fill such vacancy within sixty days after its existence, the Council shall call a special election, at which the unexpired remainder of the term of such office shall be filled by the voters.
BACKGROUND
City of San Leandro Charter Section 250 provides the method by which a vacancy in the office of Council Member or Mayor shall be filled, which is by appointment by the Council. The appointee would hold office until the next general municipal election and until a successor is elected and qualified. Any unexpired remainder of the term of such office shall be filled by the voters at such election. The next general municipal election is November 5, 2024. This means that an appointee would serve until December 31, 2024, and until their successor is elected and qualified. The person elected to represent District 1 at the November 5, 2024 general municipal election would hold that seat until December 31, 2026, which is the unexpired remainder of the District 1 Councilmember who was elected in 2022 (Councilmember Celina Reynes, whose resignation from the Council was effective December 31, 2023).
If the Council fails to fill such vacancy within sixty days after its existence, the Council shall call a special election, at which the unexpired remainder of the term of such office shall be filled by the voters. Charter Section 605 provides that the Council may, and when required by law shall, call special municipal elections for such purposes as are required by law or as the Council may prescribe. A special municipal election may be held on any date specified by the Council. In accordance with Charter Section 250, the Council is required by its own Charter, which is law, to call a special election to fill the vacancy in Council District 1. The special election may be held on a date specified by the Council.
DISCUSSION AND ANALYSIS
The City Charter provides that the Council shall specify the date for the special election. Therefore, and subject to coordination with the Alameda County Registrar of Voters, the Council can call a special election for any date in 2024. This also means that the Council can call the special election to coincide or be consolidated with the general municipal election on November 5, 2024. The person elected at the special election would serve until December 31, 2026.
The estimated costs of a special election are between $959,006 and $1,059,954, the Registrar of Voters estimates between $19 - $21 per registered voter for a standalone special election, plus the cost of rank choice voting supplies. The estimated costs of conducting the special election to coincide or be consolidated with the November 5th general municipal election are $201,896 and $302,844, the registrar of voters estimates between $4 - $6 per registered voter plus the cost of rank choice voting supplies, for a consolidated election.
PREPARED BY: Kelly Clancy, City Clerk and Richard D. Pio Roda, City Attorney