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HomeMy WebLinkAboutRes 2020-54 through 2020-56 Actions Relative to 2020 General Municipal ElectionSTAFF REPORT CITY OF PALM DESERT CITY CLERK DEPARTMENT MEETING DATE: June 25, 2020 PREPARED BY: Grace L. Rocha, Acting City Clerk REQUEST: Approve various actions for the City of Palm DeserYs 2020 General Municipal Election to be held on November 3, 2020. Recommendation Waive further reading and adopt: 1) Resolution No. 2020 - 54 , calling for the holding of a General Municipal Election to be held on Tuesday, November 3, 2020, for the election of certain officers as required by the provisions of the Laws of the State of California and the Charter of the City of Palm Desert. 2) Resolution No. 2020 - 55, requesting the Board of Supervisors of the County of Riverside to consolidate a General Municipal Election to be held on Tuesday, November 3, 2020, with the Statewide General Election to be held on the date pursuant to §10403 of the Elections Code. Waive further reading and adopt one of the resolutions, as follows: 3) Resolution No. 2020 - 56, adopting regulations for candidates for elective office pertaining to candidates' statements submitted to the voters at an Election to be held on Tuesday, November 3, 2020. a. Oqtion A: Candidates are responsible for costs associated with candidate statements, unless income qualified (indigent status); or b. Option B: The City is responsible for costs associated with candidate statements. Strateqic Plan None. This request represents routine conduct of municipal affairs. Back4round Analvsis Pursuant to the California Elections Code, and by June 26, 2020, in order to consolidate with the County of Riverside, the City of Palm Desert must adopt certain resolutions for its November 2020 General Municipal Election. The aforementioned resolutions call for the election; request the County Elections Department to provide services and consolidate it with the Statewide General Election; and adopt regulations concerning candidate statements. On May 14, 2020, the City Council passed Ordinance No. 1356, adding Section 2.38.40 to Chapter 2.38 to the Palm Desert Municipal Code relating to election of City Councilmembers transitioning from at-large to by-district elections. The Council District Map consists of two districts (Exhibit A) in the subject ordinance and takes effect November 3, 2020. Ordinance No. 1356 provides for electing June 25, 2020 — Staff Report 2020 Palm Desert General Municipal Election Page 2 of 2 one member to the City Council who resides in District 1, and two members to the Ciry Council who reside in District 2. The election terms are for four years and include the seats, as follows: � Seat Term � District 1 4 Year Term Currently held by incumbent Susan Marie Weber � District 2 4 Year Term Currently held by incumbent Kathleen Kelly � District 2 4 Year Term Currently held by incumbent Gina Nestande Furthermore, on February 13, 2020, a Councilmember requested consideration of waiving or reducing candidate statement fees for elections. A candidate statement, which is language incorporated into the ballot, may include the name, age and occupation of the candidate, and a brief description of the candidate's education and qualifications. As determined by the County of Riverside, the candidate statement is estimated to cost $500 for District 1 and $600 for District 2. There is an estimated cost of $260 for electronic distribution of the candidate statement as well. Therefore, City staff requests adoption of the three recommended resolutions, including Council consideration of Option A(status quo) or Option B(waiving fees) for the candidate statement. The Candidate Nomination Period begins July 13, 2020, and runs through August 7, 2020. Fiscal Analvsis There is no fiscal impact for calling the 2020 Palm Desert General Municipal Election. Once the Election is certified and the elected Councilmembers are seated shortly thereafter, the Riverside County Registrar of Voters will issue an invoice for its services in consolidating the City's Election with the Statewide General. Cost of the 2018 General Municipal Election in total was $81,877.61, which included five candidates and one municipal measure (Measure Q). In 2016, total Election cost was $73,688.25 for five candidates and one municipal measure (Measure T). Finally, the Fiscal Year 2020-21 budget includes a request of $80,000 for costs associated with this election. If Council elects to pay the Candidate Statement Fee, the added cost is approximately $500 to $600 for each candidate. LEGAL REVIEW Approved as to Form �� Robert W. Hargreaves City Attorney DEPT. REVIEW � Grace L. Rocha Acting City Clerk FINANCIAL REVIEW �ccw�'?'y!. ?�"loou Janet M. Moore Director of Finance CITY MANAGER �/'� �___.....� - - i� � - Lauri Aylaian City Manager Attachments 1. Resolution 2020-54, Calling the Election 2. Resolution 2020-55, Requesting Consolidation with County of Riverside for Statewide General Election 3. Resolution 2020-56 "A"- Regulations for Candidates' Statements in the General Municipal Election 4. Resolution 2020-56 "B"- Adopting Regulations for Candidates' Statements in the General Municipal Election 5. Letter from Riverside County Registrar of Voters 6. Consolidated Election Calendar 7. Ordinance No. 1356 RESOLUTION NO. 2020 - 54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA AND THE CHARTER OF THE CITY OF PALM DESERT WHEREAS, under the provisions of the laws of the State of California and the Charter of the City of Palm Desert, a General Municipal Election shall be held on Tuesday, November 3, 2020, for the election of Municipal Officers. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California and the Charter of the City of Palm Desert, there is called and ordered to be held in the City of Palm Desert, Califomia, on Tuesday, November 3, 2020, a General Municipal Election for the purpose of electing one (1) Member of the City Council, who resides in District 1, and two (2) Members of the City Council, who reside in District 2, each for the full term of four (4) years as established on May 14, 2020, by Ordinance No. 1356. SECTION 2. That the ballots to be used at the Election shall be in form and content as required by law. SECTION 3. That the City Clerk is authorized, instructed, and directed to coordinate with the County of Riverside Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the Election. SECTION 4. That the polls for the Election shall be open at seven o'clock a.m. of the day of the Election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, pursuant to Elections Code § 10242, except as provided in § 14401 of the Elections Code of the State of California. SECTION 5. That in all particulars not recited in this Resolution, the Election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That notice of the time and place of holding the Election is given, and the City Clerk is authorized, instructed, and directed to give further or additional notice of the Election, in time, form, and manner as required by law. RESOLUTION NO. 2020 - 54 SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. SECTION 8. The City Council authorizes the City Clerk to administer said Election and all reasonable and actual Election expenses shall be paid by the City upon presentation of a properly submitted bill. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 25th day of June, 2020, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: GINA NESTANDE, MAYOR ATTEST: GRACE L. ROCHA, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA 2 RESOLUTION NO. 2020 - 55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020, 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 Palm Desert, California, called a General Municipal Election to be held on Tuesday, November 3, 2020, for the purpose of the election of one (1) Member of the City Council who resides in District 1, and two (2) Members of the City Council who reside in District 2, each for the full term of four (4) years as established on May 14, 2020, by Ordinance No. 1356. WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City, the precincts, polling places, and Election officers of the two Elections be the same, and that the County Election Department of the County of Riverside canvass the returns of the General Municipal Election, and that the Election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of Riverside is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 3, 2020, for the purpose of electing one (1) Member of the City Council who resides in District 1, and two (2) Members of the City Council who reside in District 2, each for the full term of four (4) years as established on May 14, 2020, by Ordinance No. 1356. SECTION 2. That the County Election Department is authorized to canvass the returns of the General Municipal Election. The Election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The Election will be held and conducted in accordance with the provisions of law regulating the Statewide or Special Election. SECTION 3. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election. SECTION 4. That the City of Palm Desert recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. RESOLUTION NO. 2020 - 55 SECTION 5. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County Election Department of the County of Riverside. SECTION 6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 25th day of June, 2020, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: GINA NESTANDE, MAYOR ATTEST: GRACE L. ROCHA, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA 2 OPTION A RESOLUTION NO. 2020 - 56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CQLIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020 WHEREAS, § 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate's statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. That pursuant to § 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Palm Desert, California, on Tuesday, November 3, 2020, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the Office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. SECTION 2. FOREIGN LANGUAGE POLICY. A. Pursuant to the Federal Voting Rights Act, candidates' statements will be translated into all languages required by the County of Riverside. The County is required to translate candidates' statements into the following languages: Spanish. B. The County will print and mail voter information guides and candidates' statements to all voters in English. The County will mail separate voter information guides and candidates' statements in Spanish to only those voters who are on the County voter file as having requested a voter information guide in a particular language. The County will make the voter information guides and candidates' statements in the required languages available at all polling places, on the County's website, and in the Election Official's Office. RESOLUTION NO. 2020 - 56 SECTION 3. PAYMENT. A. Translations: 1. The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language as specified in (A) and/or (B) of Section 2 above, pursuant to Federal and/or State Law. B. Printing: 1. The candidate shall be required to pay for the cost of printing the candidate's statement in English in the main voter pamphlet. 2. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language required in (A) of Section 2 above, in the main voter pamphlet. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates' statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voters' pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid, depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within a reasonable amount of time after the election. SECTION 4. MISCELLANEOUS. A. All translations shall be provided by professionally certified translators. B. The City Clerk shall allow italics, underlining, capitalization, indentations, bullets, leading hyphens to the same extent and manner as allowed in previous City elections. C. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections. SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide. SECTION 6. That the City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued. SECTION 7. That all previous resolutions establishing City Council policy on payment for candidates' statements are repealed. 2 RESOLUTION NO. 2020 - 56 SECTION 8. That this Resolution shall apply only to the election to be held on Tuesday, November 3, 2020, and shall then be repealed. SECTION 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 25th day of June, 2020, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: GINA NESTANDE, MAYOR ATTEST: GRACE L. ROCHA, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA i� OPTION B RESOLUTION NO. 2020 - 56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIQ, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020 WHEREAS, § 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate's statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, QND ORDER AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. That pursuant to § 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Palm Desert, California, on Tuesday, November 3, 2020, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the Office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. SECTION 2. FOREIGN LANGUAGE POLICY. A. Pursuant to the Federal Voting Rights Act, candidates' statements wil! be translated into all languages required by the County of Riverside. The County is required to translate candidates' statements into the following languages: Spanish. B. The County will print and mail voter information guides and candidates' statements to all voters in English. The County will mail separate voter information guides and candidates' statements in Spanish to only those voters who are on the County voter file as having requested a voter information guide in a particular language. The County will make the voter information guides and candidates' statements in the required languages available at all polling places, on the County's website, and in the Election Official's Office. RESOLUTION NO. 2020 - 56 SECTION 3. PAYMENT. A. Translations: 1. The City shall be required to pay for the cost of translating the candidate's statement into any required foreign language as specified in (A) and/or (B) of Section 2 above, pursuant to Federal and/or State Law. B. Printing: 1. The City shall be required to pay for the cost of printing the candidate's statement in English in the main voter pamphlet. 2. The City shall be required to pay for the cost of printing the candidate's statement in a foreign language required in (A) of Section 2 above, in the main voter pamphlet. SECTION 4. MISCELLANEOUS. A. All translations shall be provided by professionally certified translators. B. The City Clerk shall allow italics, underlining, capitalization, indentations, bullets, leading hyphens to the same extent and manner as allowed in previous City elections. C. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections. SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide. SECTION 6. That the City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued. SECTION 7. That all previous resolutions establishing City Council policy on payment for candidates' statements are repealed. SECTION 8. That this Resolution shall apply only to the election to be held on Tuesday, November 3, 2020, and shall then be repealed �a RESOLUTION NO. 2020 - 56 SECTION 9. That the City Clerk shali certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 25th day of June, 2020, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: GINA NESTANDE, MAYOR ATTEST: GRACE L. ROCHA, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA 3 GENERAL MUNICIPAL ELECTiON NOVEMBER 3, 2Q20 �E.C. §§ 1301, 92�Q et seq., 10002, 10100 et seq.j Page 1 The materials contained in this calendar represent the res�arch and opinions of the staff at the Rir►erside County Registrar o� Voters. The contents of this calendar and any legal interpretations contained herein are not to be relied u�on as being correct either factually or as legal opinian. Reliance on the content without prior submission to and approval of your appropriate public caunsel is at the reader's risk. Please call (951) 486-7200 if you have any questions or comments or visit our website at www.vateinfo.net. Thank you. DATE June 26 (130) PERSON RESP�NSlBL� DES�RIPTION ADOPT RESOLUTION CALLING ELECTlON (E.C. §§ 330, 10Q02, 10403.5, 133a7) City Council By �his suggested date adopt resolutians regarding the fallowing: '�] Ordering election including incumi�ents and affices to be filled. �3 Requesting Registrar of Voters t� conduct election. � Regulations whether candidates or city will pay for candidate statements. PUBLlSN NOTICE OF ELECTION {E. c. § i2ra1; �. c. �§ soso, sos1� June 29 — Publish Natice of Election ane time between these dates. The notice will July 13 City Clerk include date and time af election, nomination deadline, the affces to be �127 —113) flled, and hours the palls wil! be open. The Notice is to !�e pub�ished in a newspaper of general circulation published in the City. Federal law requires publicatian ta be made in English and Spanish. July 'I City Counci� (125) � July 4 R�9istrar of Vaters Juiy 6 (120) City Council 1 City Clerk July 10 {11G) Registrar of Voters July �3 — August 7 (113 — $$) BOUNDARY CHAIVGES (E C. § 92262} Last day boundary changes may be made far this election. 1NDEPENDENCE DAY (C0. ORD. 358.8) The Registrar of Vokers office will be closed. L4ST DAY TO ADOPT REGULATI�NS REGARDING CANDlDATE STATEMENTS (E. C. § 13307) Last day for local agency to adopt or amend regulations regarding charges for printing candidate's statement. PREClIVCTlNG SECTIOIV TO COMPLETE BOUNDARY CHANGES No later than #his dat�, precinct section must camplete baundary changes. NOMlNATION PERIOD (E.C. §§ 9022Q, 10224, 131 p7, 93307, 13309, 13399; G.C. §§36503, 87201 etseq.� Between th�se cfates candidates may take out and file nomination Candidates 1 papers with the City Clerk during normaf business h�urs as posted. The City ClerEc ballot designatfon Worksheet must be filed at the same time as the �eclaration of Candidacy. Candidate statements must be filed at the same time nomination petitions are filed. Statements are confidentia! until the deadline for filing has passed. Statement of Economic Interest must be filed by the final filing date. DATE July '�3 — Augusk 7 (113 — 88) Page 2 GENERAL MUN�CIPAL ELECT�ON NOVEMBER 3, 2020 �E.c. §§ �30�, 9200 erseq., �oaoz,10100 et seq.� PERSON DESCRIPT[ON RE3PONSIBLE CODE OF FAlR CAMPAIGN PRACTlCES (E.C. § 20400 et seq.J Candidates 1 At the time a candidate is iss��d nomination papers each candidate wilF City Clerk be issued a Code of Fair Campaign Practices. Filing it is voluntary and it may be fiied any time pr�or ta th� election. I# is available for public inspecti�n until 30 days after the election. July 13 — Candidates ! August 7 City Clerk (113 — 88} August 7 {88} STATEMENT OF ECONOMlC lNTERE5T (G. C. §§ 87200 et seq.J A 5tatement of Economic Interests must be filed for all car�didates by the close of the nomination period. LAST DAY TO FILE NOMIIVATION PAPERS AIVD/OR WITHDRAW (E C. § i 0220 ei seq.; �. c. § a�zo7 er s�Q.� Nominatian papers and candidate statements must be fled no later than Candidates 1 this date. Candida#es may withdraw their naminatian uniil the close of the City Clerk nomination period. '�3 PUBLIC EXAM PERIOD (E. C. § 93313) There will be a 10 day exam period for Candidate Statements filed from August 8 through August 17. ORDINANCE/MEASURE (E.C. §§ 9222, 9223, 13247) August 7 (88} City Clerk Last day for a copy of tF�e ordinance or measure ta be submitted to the Registrar a� Vaters if a measure is to be included on #he ballot. A capy shall be made available to any voter. The statement of all measures submitted ta the voters sha�l be abbreviated on the ballot. The statement shall cantain not more than 75 words for each measure to be �oted on. PUBLISH NOTICE OF ELECTIQN (E C. §12111; G. C. §§ fiQB4, 6061) August 7 �S$� The City C�srk shall pt�blish a notice of election as soon as possible pursuant to section 121'� 1 of the Califomia Elections Code. A synopsis City Clerk af the measur�{s) shall be included in the puhlication. Govemment Cade § B06'i requires the notice to be �uhlished once. The tast day to submit arguments to the City Clerk should also be included in the natice. The City Clerk shafl consolidate the notice of electian and the notice of measure to �e voted on inta one notice if the measure was placed on the ballot befare the natice of election is published. WITHDRAW CANDIDATE STATEMENTS (E.C. § 13307J Augusi 1 Q (85) Candidates 1 Last day to withdraw candidate statementst unless t�ere is an extension City Clerk af the nomination per�oci. Withdrawal of candidate statements must be in writing to the City Clerk. � GENERAL MUNICIPAL ELECTI�N NOVEMBER 3� 2020 (E.c. §g � 30�, s2oo et Seq., � oaa2, � o� oo er seq.� DATE August92 (83} August 12 (83j PERSON RESPONSlBLE Candidates 1 City Clerk City Council DESCRiPTION EXTENSlON OF NOMINATI�N PERIOD (E.C. § 9Q225) Page 3 If nomir�atian papers far an incumb�nt officer of the city are not filed by the 88th day before the election, during normal business ho�rs, as posted, the �oters shall have until the 83rd day before the electifln during normal business hours, as posted, to nominate candidates other than the person who was the incumbent on the 88th day, far that incumbent's e�ective affiice. This is not applicable where there �s no incumbent eligible ta be elected. If this section is app[icable, a candidate may withdraw his ar her declaratian of candidacy untif the 83'� day before the election. � PUBLIC EXAM PERIOD (E.C. § 13313) There will be a 10 day exam period fo� Candidate 5tatements filed fram Aug�st 93 through August 22. L4ST DAY TO WITH�RAW MEASURE (E. C. § 9605j Wnenever a legislative bady has ordered that a measure be submitted to the voters of any jurisdictian at an e�ection, the order of election shall not be amended ar withdrawn after this date. 1NSUFFIClE1VT NOMINEES-POSSlBLE PROCEDURE5 {E.C. § 90229) If on this date no one or anly one person has been naminaked, the o�cer conducting the electiQn shall infarm the governing body khaf it may, at a regular meeting or special meeting held before the election, adopt one af t�e following: 1. Appoint the person who was nominated. 2. If no one has been nominated, appaint any eligibfe elector. 3. Hotd the �lection. August 12 City Clerk 1 The provisions of fhis section shall not apply if, at #he regularly scheduled (83) City Council municipal electio�, mare than one person has been nomir�ated to anather city o�ce to be elected on a citywide basis or, a city measure has qualifted and is ta be submitted to the voters at thak m�snicipal electian. PUBLISH NOTlCE OF FACTS (G.C. § 606?) August 13 Candidates 1 (82) City Clerks The City Cierk shall publish a notice af the facts descrihed in this section an� the courses of action available. After the ftfth day fallowing the date of publication, the City Cauncil may make the appointment ar direct an electi�n to be held. WITHDRAW CANDIDATE STATEMENT (EXTEIVSION) (E C. §§ 10516, 13307) !n the event there is an extensian of the namination period, candidates may have until this date to withdraw their candida#e's statem�nt. �thdrawal must be in writing to the City Clerk. GENERAE. MUNICIPAL ELECTION NOVEMBER 3, 2Q20 {E.C. §§ 1301, 92D0 etseq., 10002, 10900 efseq.) DATE August 13 �82) August14 �8�} August 17 (78) August 17 (78) PffRSON RESPONSIB[,E Secretary of 5tate DEBCRiPTfON RANDOMIZED ALPNABET {E.C. § 13112J page 4 On this date the 5ecr�tary of State shall conduct a drawing of the alphabet for determining the arder of candidate's names an the ballot. SUBMIT NAMES OF CANDlDATES TO REGISTRAR OF VOTERS (E C. § 10403� City Clerlc ��st day to submit to the Registrar af Voters names and ballot desig�ations of candidates as they are to appear on the baflot. The Certifed List should be submiited in alphabetical order by office. City Cierk City Attomey 1 City Clerk PUBLISN NOMlNEES (E.C. § i2110) Suggested date to p�blish candicfate's nam�s in the random order that they will appear on th� ballat, and ti�e respective offices for which they have been nominated. 1MPARTIAL ANALYSIS OF MEASURE (E.C. § 9280) The gaveming body may direct the City Clerk to transmit a copy of the measure to the City Attomey. This is tf�e suggested date for City Attomey to prepare and submit analysis of ineasure showing the effect it will have on the existing law, etc., if so directed by the goveming body. The anaEysis shall include a statement indicating whether the measure was placed on the ballot by petition signed by the requisite number of voters or by the goveming body of the city. The analysis shall be printed in the Voter Inforrnation Guide seciian of the Sample Ballot preceding the arguments. The impartial analysis shall not exceed 500 words. In t�e event the entire text of tne measure is not printed an t�e ballflf or ir� the Voter Information Guide section p�rtian of the County Voter lnfflrmatian Guide, there shall be immediately helow the impartial analysis a stakement notifying voters that they may obtain a capy af the ordinance ar measure by caEling the City Clerk's office and requesting one. d PUBLIC EXAM PER10D (E C. § 9255} There will be a 10 day exam period from Augt�st 1 S through August 27. LAST DAY TO F1LE ARGUMENTS (E C. §§ 9282, 9283, 9286) Last date to file argum�nts with the City Clerk regarding any measure to be on the bailat. Argurn�nts shall nat exceed 300 words and shall be August 17 Praponents ! accompanied by a Statement of A�sthors form. Na mor� than five authors {78} �PPQnents 1 may sign the statement. City Clerk to forward a file copy of the arguments City Cler�c to the Registrar of Voters. � PUBLIC EXAM PERIOD (E.C. § 9295j There will be a 10 day exam period from August 18 through August 27. GENERAL MUNIC[PAL ELECTI�N NOVEMBER 3, 2020 (E.C. §§ 1301, 9200 et seq., 10002, 1�100 et seq.) DATE August 20 (75) August 27 (68) Sept�mber 7 PER30N � RESPONSIBLE City Council Proponents 1 Oppanents 1 City Clerk Registrar of Voters DESCRiPTION Page 5 1N5UFFICIENT NOMINEES — ACTlON BY GOVERNING BODY (E C. § 7�229) If by the 75�' day before the municipal election, na person has been a�pointed to a�ce pursuant to E.C. §� 0229, the election will be held. Notwithstanding Chapter 1{cammencing with Section 8600� of Division 8 or any ather provision af the law to the contrary, if the ga�eming body of t�e city makes an appointment pursuant to E.C. § 10229, the City Clerk shal� not accept far filing any statement af write-in candidacy, which is submitted after appointment. LAST DAY 70 FILE REBUTI'A�.S TO ARGUMENTS (E.C. § 9285) l�ast date for authars of pr�mary arguments ta file rebuttals to arguments with the City Clerk. Rebuttals are limited to 250 words. NOTE: Rebuttals only apply when the legislative bo�y has adopted provisions pursuant to E.C. § 9285 � PUBLIC EXAM PER10D (E.C. § 9295j There will be a 10 day exam period from August 28 throug� September 6. LA60R DAY (CO. ORD. 358.8) The Registrar of Voters office will be closed. FlRST DAY NOMIlVA710N PAPERS F�R WRITE-lN CANDlDACY WILL BEAVAILABLE (E.C. § 8600 ef seq.) September 7 Can�idates 1 '�y pualifying person wishing to file as a write-in candidate may pick up (57) City Clerlc nomination papers beginning on this date. Papers must be filed with the City Clerk no later than 14 days prior to election day. Write-in candidates must aisa file Statem�nt of Economic Interest and campaign disclosure statements. ORDER PRINTlNG OF ELECTION MA TERIAL Septemher 8 Registrar of (56) Voters Suggested date to prepare capy for printer and order ballots. FJLING PERIOD FOf? FIRST PRE-ELECTION CAMPAlGN DISCLOSURE STATEMENT (G.C. §§ 84200.5, 8420Q.8j September 20 — Candidates 1 Filing period for 18� pre-election campaign statement covers transactions September 24 Committess 1 through 5epfember 19. Statements must be filed online, or sent by (44 — 40) City Clerk ���sonal delivery or frrst class mail. GENERAL MUNIC[PAL ELECTION NOVEMBER 3, 2020 {E.C. �§ 93D1, 9200 etseq., 10a02� 90900 etseq.) DATE 5eptember 21 (43) September 24 — October 24 (40 — 70j PER$ON RESPONSEBLE Registrar of Vo#ers Regiskrar of Voters DESCRIPTION SATELLITE LOCATIOIV PRESS RELEASE (E.C. § 3Q18J Page 6 Natice of satellite lacakions shall be made by the elections official by the issuance of a general news release, issued not later t�an 14 days prior to voting at the satellite location, except that i� a county with a declared emergency or disaster, notice shall be made not later than 48 hours priar to voting at the satellite location. The news release shall set forth the following information: � T�e satelEite location or lacations. 1�] The dates and haurs the satellite location or lacations will b� open. �i A#elephone number that vakers may use to abtain infarmatian regarding �ate-by-maii ballats and the satellite [aca#ions. MAIL COUNTY V�TER INFORMATlON GUIDE AND OTHER ELECTION MATERIALS TO VOTERS (E C. §§ 9223, 9280 et seq., 13303, 13307; G. C. § 57948) Between these dates the R�gistrar of Voters snall mail a County Voter Information Guide to each �oter, wha is registered at I�ast 29 days priar to the election. MAILED BALtOTPRECINCT5 (E.C. §§ 3005, 30i0, 3017, 3018, 3�20) October 5 Registrar of Appraximate date ta mail notices to voters in mailed ba�lot precincts, send (29) Voters ��cial ballot and electian material. Mail ballot precincts have less than 2�4 voters. Bailots must be postmarked an or befare election day and received by the elections official wikhin three days after eleckion day to be caunked. PRECINCTS, POLLlNG PL4CES & ELECTlON OFFICERS {E.C. §§ October 5 �92280 et seq., 12300 ei seq.J �29� Registrar of Voters Last day far Registrar of Voters to establis� polling places and appoint election officers for this election. �mmediately falfowing appointment, the Registrar shall mail appointment notices fo election officers. Octohe� 5 — October 24 {29 —10) October 5 — October 27 {29 — 7) October i 2 Registrar of Voters Registrar of Vaters Registrar of Voters PUBLISH POLLlNG PLACES & CENTRAL COUNTING PLACE (E.C. §§ 12105, 921Q9j 5uggested date to publish poEling places. The notice will include the haurs that the palls will be open and a Notice Qf CentraE Counting Place. VOTE-BY-MA1L BALLOT APPLICATIONS (E.C. §§ 3a01, 3006, 3021, 320Qj Applicatians far Vote-by-Mail bal�ots may be made in person or by mail during this time frame. COLUMBUS DAY (CO. ORD. 358.8j The Registrar of Voters o�ce will be closed. OATE October 18 ��s> Octoher i 8 — October 22 (16 —12) Page 7 GENERAL MUNICIPAL ELECTION NOVEMBER 3, 2020 (E.C. §§ 1301, 9200 et seq., 1 Q002, 9 Q1 DO et seq.) P�RSON �ESCRIPTIQN RESPONSIBlE VOTE-BY-MAIL PROCESSING PUBLIC NOTICE (E.C. § 15?04J R�gisfrar af The electians officia! shall notify vote-hy-rnail voter observers and the Voters p��lic at least 48 hours in advance of the dates, times, and places where vote-by-mail ballats will be processed and counted. FILlNG PERIOD FOR SECQND PRE-ELECTION CAMPAIGN Car�didat�s 1 ��SCLOSURE STATEMENT (G.C. §§ 84200.5, 84200.8J Committees 1 Filing periad for 2'� pre-election campaign staternent covers transactions City Clerk through October 17. Staternents must be filed online, or sent by personal deli�ery or guaranteed ovemight service. COLLECTION CENTERS PUBLIC NOTICE (E.C. § 95260) Octaber 19 Registrar of In establishing a collection center, the elections official may designate a (15) Voters group af pr�cincts which the center shall serve and this designation shall be available far public inspection no laler than 15 days before th� election. October 19 {15} October 20 (14) Regiskrar af Voters Candidates 1 City Clerk !, CLOSE OF REGI5TRAT10N (E.C. �§ 2ia�, 21p2J Last day to register or transfer registration for this electian. F1t E DECLARATION OF WRlTE-1N CANDlOACY (E C. §§ 8600 et seq., 15340 et seq.) �ast day far write-in candidates to submit their write-in nomination papers including petitions to the City Clerk. PROCESS BALL4T5 (E.C. § 1510� et. seq.) October 20 Registrar of �yhen ballots are to be counted by camputer, the Registrar of Voters may (14) Voters begin processing ball�ts 10 b�siness days priar to the election. No count may be made until 8:00 p.m. on election day. POST ELECTlON OFFICERS & POLLfNG PLACES (E.C. § i2105.5) October 20 — Not less khan one week h�fore the election, the elections official shall October 27 Regiskrar of post a list of all current polling places and a list of election officers (14 — 7} Vot�� appointed by the 15"' day before the election. The elections flfficial shall post this list in his or her offce and on his or her Web site. The list shaEl remain posted for 30 days after comp�etion of the canvass. October 26 �8) Octa3�er 27 (7� L1ST OF VOTERS AND POLLING PLACE 1NFQRMATION R�gistrar of Voters Appraxima#e date that Registrar of Voters wiil provide list of voters to City Clerk with polling place informat�on. LOGIC AND ACCURACY TESTING (E C. § 15000j Registrar of No later than seven days prior to any election, the elections official shall Voters canduct a test or series of tests to ensure that every device used to tabulate ballots accurately records each vote. GENERAL MUNICIPAL ELECTI�N NOVEMBER 3, 2020 {E.C. §§ 1301, 92d0 etseq., 40002, 10'IQO etseq.} pA� � PERSON ' RESPONSIBLE DESCRIPT[ON MANUAL TALLY PUBLIC NOTICE (E.C. § 15360) Page 8 October 30 Registrar of The manual tafly shafl be a public process, with the afficial conduciing the {4) Voters elec#ion providing at least a five day public notice of the time and place of the manual tally and af the time and place of the selection of the . precincts ta be tallied prior to cor�ducting the tally and selection. Navember 3 November 5 (+2} November 5 — December 3 +(2 — 30) November 11 �� ***** • Registrar of Voters Registrar of Voters Registrar of Voters ELECTlON DAY (E.C. §§ 3020, 4103j Voted ballots must be received by the electians official no later than 8:00 p.m. on electian day or be postmarked on or before election day and received no later than three days after election day to be counted. CANVA5S ELECTIDN RETURNS (E.C. §§ 90260 ef seq., �5309 et seq.J Registrar of Voters shall commence the afficial canvass an this day. ONE PERCENT MANUAL TALLY (E. C. § 95360) During the Offcial Canvass #�e Elec#ions Official shall canduct a public manua! tally in 9 percent of the precincts chosen at random hy the elections officia�. VETERANS DAY (CO. ORD. 35$. 8) The Registrar of Voters affice will be closed. November 2fi — Registrar flf I THANKSGIVING DAY/DAYAFTER THANK5GlV1NG {CO.ORD. 358.8) November 27 Voters The Registrar of Voters Office will be closed. POST ELECTION OFFICERS & POLLIIVG PLACES (E.C. § 12105.5) Nat fater than 28 days after the electian, the elections official shal! past December 1 Registrar of an updated list af polling pEaces and election o#fcers thak actuafly served i+2�) Vo��� on election day. The el�ctions officiaf shall post this list in his or her o�ce and on his or her Web site. The lisk shall remain posked for 30 days after completian o# the canvass. STATEMEIVT OF RESULTS (E.C. §§ 70262, 10263, 95372) December 3 (+3Q) City Clerk 1 City Council 1 Candidates 1 Registrar of Vaters No later than this date, the Registrar of Voters will certify the election results. DECLARE CAN�IDATES ELECTED The goveming body sha�l meet at its ususl place of ineeting no Iater than the nex# regularly scheduled city council mesting following �resentation of the canvass of the returns, or at a special meeting called for this purpose, to declare the results and ta install the new�y elected a�cers. GENERAL MUNICIPAL ELECT�ON NOVEMBER 3, 2Q20 (E,C. §§ 4307, 920a et seq., 10002, 10100 et seq.} Page 9 DATE � PERSON DESCRIPTiQN � RESPON5IBLE COST OF ELECTI4N December 3 Registrar of (�30) Vo#ers Apptaximate date to send invoice ta jurisdiction for cost of election. FILING PERIOD FOR 5EM1 ANNUAL CAMPAIGN DISCLOSURE January i— Candidates 1 STATEMENT (G.C. § 84200j January 3� Committees 1 City Clerk 5tatement covers transactions through December 31. Statements must be fled online, or sent by persanal deiivery or �rst class mail. �, � Note: �Wherrever a date pr+escribed by law fa!!s on a weekend or holiday, such act may be performed on the next huslness day {E.0 § 15; G.0 §§ BT00, 6701) ORDINANCE NO. 1356 ,� . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 2.38.040 TO CHAPTER 2.38, TO THE PALM DESERT MUNICIPAL CODE RELATING TO ELECTION OF CITY COUNCIL MEMBERS BY DISTRICTS AND RANKED CHOICE VOTING. WHEREAS, the City Council of the City of Palm Desert, California ("City Council") has determined that it is in the best interest of the City to shift from its current at large election system to a by district election for members of the City Council using ranked choice voting; and, WHEREAS, the City held its first and second community meeting on January 15, 2020, and February 12, 2020, respectively, regarding the process and purpose of transition from at-large to by-district election system; and, WHEREAS, the City held its first and second public hearings without maps to gather public input on the composition of zones on February 13, 2020, and February 27, 2020, respectively; and, WHEREAS, the City heid its third and fourth public hearings to discuss the process _ of defining district boundaries and preparing maps on March 12, 2020, and March 26, 2020, respectively; and, WHEREAS, on April 16, 2020, the City Council conducted its fifth public hearing and adopted the NDC7 map as the districting map for the City; and, WHEREAS, the City continues to engage in public outreach by posting updates and information on www.representpd.org, Facebook and NextDoor, and through traditional media, mass mailings, and distribution of informational bulletins to faith-based organizations and schools. NOW, THEREFORE, IT SHALL BE ORDAINED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Recitals. The City Council of the City of Palm Desert, California, hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Ordinance. SECTION 2. Amendment to Municipal Code. Palm Desert Municipal Code Section 2.38.040 Election of City Council of Chapter 2.38 Genera/ Municipa/ E/ections is hereby added as follows: 72500.00926�32822 578.1 04/16/20 ORDINANCE NO. 1356 "Section 2.38.040. Election of City Councii. ^ A. Definitions. The following definitions apply to this Section: � "By districY' as used in this Section shall mean election of inembers of the City Council by voters of the district alone. "Geographical area making up the districY' shall mean the district. B. Number of Districts. Pursuant to Government Code section 34871(a), the City of Palm Desert is divided into two (2) council districts. C. Boundaries and Numberinq of Each District. Descriptions of the boundaries of each district and their numbering are as shown on the attached Exhibit A along with a map entitled "City of Palm Desert District Map," a copy of which shall be on file in the City Clerk's office. D. Election of Citv Council. Members of the City Council shall be elected "by districts" from two districts as provided herein. One of the districts, including approximately twenty percent (20%) of the city's residents, would encompass the Civic Center Core and elect one (1) Council member. The second district would include the remainder of the City (about eighty percent (80%) of the residents) and elect four (4) Council members. Except as provided in Subsection F, entitled Transifion to District Elections, a Council member of either district must live in that district and must be a registered voter in that district to be eligible to hold office for that district. Only voters who live in a district shall be eligible to vote in the election for Council member(s) of that district. E. Amendment of District Boundaries. Pursuant to Elections Code section 21601, as it may be amended, the City Council shall adjust the boundaries of any or both of the districts following each decennial federal census. Using the census as a basis, the City Council shall adjust the boundaries in compliance with all applicable provisions of law. At the time of any annexation of territory to the City, the City Council shall designate, by resolution adopted by a vote of at least a majority of the City Council, the contiguous district to which the annexed territory shall be a part and shall amend the district boundaries if necessary in accordance with Elections Code section 21603, as it may be amended. � ..r Pursuant to Elections Code section 21606, the term of office of any council member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which he or she was elected, whether or not that council member is a resident within the boundaries of the district as adjusted. At the first election � for council following adjustment of the boundaries of the districts, a person meeting the requirements of Government Code section 34882 shall be `� 2 ORDINANCE NO. 1356 elected to the City Council for each district under the readjusted district plan that has the same district number as a district whose incumbent's term on the council is due to expire. F. Transition to District Elections. In 2020, one council member shall be elected by District 1 and two council members shall be elected from District 2. In 2022, two council members shall be elected from District 2. Terms of office shall be four years. Each incumbent Council member elected at large shall be allowed to complete the term for which they are elected regardless of the district of residency so long as they otherwise remain eligible to hold the office and have not been removed for cause or elected to another office. SECTION 3. Amendment to Municipal Code. Palm Desert Municipal Code Section 2.38.050 Ranked Choice Voting of Chapter 2.38 General Municipal E/ections is hereby added as follows: "2.38.050 Ranked Choice Voting A. General Provisions 1. Ranked choice voting is a method that allows voters to rank candidates for elected office in order of preference. Elections conducted by ranked choice voting are tabulated in rounds, as specified in this Se�tion. 2. For purposes of this Section, the following terms have the following meanings: (a) "Batch elimination" means the simultaneous defeat of two or more continuing candidates because it is mathematically impossible for those candidates to receive enough votes to become designated as elected before being designated as defeated. (b) "Continuing candidate" means a candidate who has not yet been designated as elected or defeated. (c) "Election threshold" means the number of votes sufficient for a candidate to be elected in a multi-seat contest. The election threshold equals the total votes counted in the first round of tabulation, divided by the sum of one plus the number of offices to be filled, then adding one, disregarding any fractions. Winning threshold =((Total votes cast)/(Seats to be elected+1)) +1, with any fraction disregarded. The Secretary of State may approve alternate formulas to calculate the election threshold as long as any alternate formula produces a threshold that is no greater than the total votes counted in the first round of tabulation divided by the number of offices to be filled ((Total votes cast)/(Seats to be elected)), nor no smaller than the total votes counted in the first round of tabulation divided by one more than the number of offices to be filled, then adding one, disregarding any fractions ((Total votes cast)/(Seats to be elected+1) +1). 3 ORDINANCE NO. 1356 (d) "Elimination batch" means a group of two or more candidates who can �.,� be simultaneously defeated through batch e{imination because it is mathematically impossible for those candidates to be elected. r,,,, (e) "Highest-ranked continuing candidate" means the ranking on a voter's ballot with the lowest numerical value for a continuing candidate, i.e., 2"d is lower than 3�d, and equals a higher rank. (fl "Inactive balloY' means a ballot that does not contain a continuing candidate, or that has reached an overvote, making the ballot unable to be transferred to another continuing candidate. (g) "Multiseat election" means an election in which two or more candidates can be designated as elected in a single contest to fiU multiple seats in the same publicly elected office. This may also be referred to as a multi-winner election. Multiseat elections using ranked choice voting may be referred to as single transferable vote. {h) "Overvote" means an instance in which a voter has ranked more than one candidate at the same ranking. (i) "Ranking" means the number assigned to a candidate that establishes the order in which a ballot is transferred to that candidate. The ranking with the '* lowest numerical value indicates the voter's highest-ranked continuing candidate, with the �ankings increasing in numerical value for the voter's lower-ranked "'r continuing candidates. (j) "Seat" means an elected position occupied by one person, one or more of which form a publicly elected office. (k) "Skipped ranking" means a voter has left a ranking order unassigned but ranks a candidate at a subsequent ranking order. (I) "Surplus" or "surplus fraction" means a number equal to the quotient of the difference between an elected candidate's vote total and the e{ection threshold, divided by the candidate's vote total (or (V-T)N, in which "V" is the elected candidate's vote total and "T" is the election threshold), rounded down to four decimal places, ignoring any remainder. (m) "Transfer vafue" means the proportion of a vote that a ballot wifl contribute to its highest-ranked continuing candidate. Each ballot begins with a transfer value of 1. If a ballot contributes to the election of a candidate under paragraph 2.38.050(B)(4)(b)(2), it receives a new transfer value. ..� 3. (a) A ballot that does not contain a continuing candidate shall count as an inactive ballot. M, 4 ORDINANCE NO. 1356 (b) If a ballot contains a skipped ranking, the bailot shall be transferred to the highest-ranked continuing candidate. .. (c) If a balfot contains an overvote, it sha�l count as an inactive ballot when the overvote is reached. 4. If two or more candidates are tied with the fewest number of votes and cannot be defeated through batch elimination, the candidate to be defeated shall be determined by lot. 5. If a special election to fill one or more vacancies with ranked choice voting is consolidated with an election to elect one or more other members of the elected body to full terms using ranked choice voting to create a single, multiseat election, the full terms shall be awarded to the candidates declared elected first, and the vacancies awarded to the candidates declared elected last. If finro or more candidates are declared elected in the same round, the candidates with larger surpluses shall be considered elected before the candidates with smaller surpluses, in the order of the size of the surplus. If two or more candidates that are declared elected in the same round have equal surpluses, the order of their election shall be determined by lot. B. Vote Counting 1. This Subsection establishes the procedures for electing candidates in multiseat elections using ranked choice voting. 2. A ballot shall allow voters to assign a different ranking to every candidate, as well as to write-in candidates. If the city's voting equipment cannot feasibly accommodate that number of rankings on the ballot, the elections official (the "elections official" is the City Clerk of the City of Palm Desert) may limit the number of choices a voter may rank to the maximum number allowed by the equipment. 3. In an election conducted by ranked choice voting, the elections official shall provide ballot instructions that make clear the proper voting procedures for voting in a ranked choice voting election. 4. In a multiseat election conducted by ranked choice voting, tabulation proceeds in rounds as follows: (a) If, in the initial tabulation, the number of continuing candidates is less than or equal to the number of seats to be filled, then all continuing candidates are elected and tabulation is complete. Otherwise, tabulation proceeds to an additional round as described in paragraph (2) of subdivision (b). (b) An additional round of tabulation shall proceed as follows: (1) Each ballot shall count, at its current transfer value, for the highest-ranked continuing candidate on that ballot. If the number of elected 5 ORDINANCE NO. 1356 candidates or the sum of the number of efected candidates and the number „� of continuing candidates is equal to the number of seats to be filled, then all continuing candidates are designated as elected, and tabulation is � complete. Otherwise, the tabulation proceeds pursuant to paragraph (2). (2) If any continuing candidate has a number of votes greater than or equal to the election threshold for the contest, that candidate shafl be designated as elected. Each ballot counting for an elected candidate is assigned a new transfer value by multiplying the ballot's current transfer value by the surplus fraction for the elected candidate, rounded down to four decimal places and ignoring any remainder. If each of finro or more candidates has a number of votes greater than or equal to the election threshold for the contest at the same time, the surpluses may be distributed simultaneously or in �ounds in which the largest surplus is distributed first. Each candidate elected under this paragraph is deemed to have a number of votes equal to the election threshold for the contest in all future rounds and a new round begins pursuant to paragraph (1). (3) If no candidate is e{ected pursuant to paragraph (2), then, if batch elimination is used and any candidates qualify for an elimination batch, any candidates in the elimination batch are defeated through batch elimination. Otherwise the candidate with the fewest votes is defeated and votes for the defeated candidates shall be transferred to each ballot's next-ranked � continuing candidate and a new round begins pursuant to paragraph (1). �i 5. (a) Jurisdictions using ranked choice voting may eliminate multiple candidates through batch elimination. If batch elimination is used, candidates shall be eliminated in batches as described in paragraph (3) of subdivision (b) of Section 103. (b) A continuing candidate is in the elimination batch if the number of elected and continuing candidates with more votes than that candidate is greater than or equal to the number of seats to be filled, and it is mathematically impossible for that candidate to be elected for any of the following reasons: (1) The candidate has fewer votes than any other continuing candidate. (2) The candidate's current vote total plus the sum of current votes for continuing candidates with fewer votes would not be enough to equal or surpass the continuing candidate with the next highest current vote total. (3) The candidate has a lower current vote total than a continuing candidate described in paragraph (2). (c) if a candidate is defeated through batch elimination, votes for that � candidate shall be transferred to each ballot's next-ranked continuing candidate. r, C. Reporting. 0 ORDINANCE NO. 1356 1. For purposes of this Section, the following terms have the following ,, meanings: (a) "Ballot report" means a report that lists all of the following for each ballot counted in the tabulation: (1) The candidate or candidates indicated at each ranking. (2) The precinct in which the ballot was cast. (3) Whether the ballot was cast by mail. (b) "Summary report" means a report that lists all of the following: (1) The number of ballots counted. (2) The votes received by each candidate in each round of the tabulation. (3) The cumulative number of inactive ballots. (4) Any additional information the jurisdiction chooses to include, such as the cumulative number of inactive ballots that were counted as �� inactive for any of the following reasons: (A) The ballot reached an overvote. (B) All candidates on the ballot were designated as elected or defeated. (c) "Comprehensive report" means a report that, for each precinct, lists all of the information required in a summary report. 2. (a) An elections official shall publish a summary report for the final tabulation of the official canvass in conjunction with the certified statement of the results. The elections official shall also publish at least one of the following reports for the final tabulation of the official canvass: (1) A comprehensive report. (2) A ballot report. (b) A report generated pursuant to this section shall reflect the vote count at the point when the votes have been counted toward each continuing candidate ,, but before the transfer of elected candidates' surplus or candidates have been subsequently designated as defeated. The report shall also reflect each ballot 7 ORDINANCE NO. 1356 counted as an inactive ballot as having the number of votes equal to the ballot's ^ transfer value. (c) A baliot report generated pursuant to this section shall not permit the order in which the votes were cast in each precinct to be reconstructed. An overvote ranking shall be reported without reporting to which candidates the ranking was assigned. (d) If the elections official determines that tabulation of all rounds is not feasible on election night, the elections o�cial may provide the contest tabulation report totals for only the first round of tabulation or only a tally of highest-ranked continuing candidates in the initial tabulation. (e) For a contest that is tabulated with a voting system, the elections official shall do all of the following: (1) Tabulate the results as soon as the elections official determines it is feasible after the close of the polls, and publish the corresponding summary report. (2) Tabulate the results for the last preliminary results on election night and publish a corresponding summary report. ...r � (3} Publish the corresponding ballot report whenever the resufts of a tabulation is published, except if tabulation is limited pursuant to subdivision "i tb). (fl This section does not prohibit an elections o�cial from including additional information in any report. 3. An elections official shall promptly post a report made available to the public on the official's internet website. A ballot report made available pursuant to this Section shall be provided in a plain text electronic format and need not be published by other means. If an elections official does not have an internet website, the elections official shall promptly make the report available to the public by other means and shall notify the public of the report's location through a notice prominently displayed in an appropriate location in their office. D. Definitions. 1. For purposes of this chapter, the following terms have the following meanings: (a) "Additional supported language" means a language for which the City is �„� required to provide voting materials and assistance under the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) or for which the Secretary of State has � 0 ORDINANCE NO. 1356 determined that it is necessary to provide facsimile ballots at a precinct within the jurisdiction pursuant to subdivision (c) of California Elections Code § 14201. �. (b) "Additionai supported language community" means a community that speaks an additional supported language. 2. {a) the City shall conduct a voter education and outreach campaign before each election conducted pursuant to this Section, until the conclusion of the second general election conducted in this manner. A campaign conducted pursuant to this Section shall include public meetings and public service announcements through different media, including media serving additional supported language communities, if available, to familiarize voters with that election method. Materials and information disseminated as part of the campaign shall be provided in all additional supported languages and shall be accessible to individuals with disabilities. (b) the City shall, in collaboration with the county elections official, develop a plan describing how it will conduct the voter education and outreach campaign required by this section. The plan shall include all of the following information: (1) How the City will use media, which may include digital media, newspapers, radio, and television, to inform voters about an upcoming election. (2) What information will be publicly available on the elections official's internet website. (3) What information will be included in the sample ballot and vote by mail materials. (4) How the City will conduct direct outreach to voters, including voters with disabilities. (5) How the City will have a community presence to educate voters, including voters with disabilities. (6) How the City will educate voters within each additional supported language community. (c) Before finalizing its plan, the City shall publish a draft plan and hold, at least 10 days after publication of its plan, at least one regular public meeting to discuss the plan. The shall also make a good faith effort to invite each of the following to at least one of those public meetings: (1) Representatives, advocates, and other stakeholders representing each additional supported language community. E ORDINANCE NO. 1356 (2) Representatives from the disability community and community ,,,,,� organizations and individuals that advocate on behalf of, or provide services to, individuals with disabilities. � (d) All materials provided by the voter education and outreach campaign, including materials provided on the internet website of the elections official, sample ba{lots and vote by mail materials, and materiats provided through direct outreach and community presence, shall be provided in the additional supported languages and shall be accessible to individuals with disabilities. (e) If multiple jurisdictions within the same county are conducting ranked choice voting elections, the jurisdictions may combine or coordinate their voter education plans and voter education and outreach campaigns. (� The City may partner or coordinate resources with nongovernmental organizations to conduct its voter education and outreach campaign." E. Operative Date. This section shall be operative for elections commencing November 2022 in light of the 2020 public health crisis. SECTION 4. Severability. If any section, subsection, subdivision, paragraph, "'� sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional, such decisian shall not affect the validity of the remaining portion � of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be decla�ed unconstitutional. If for any reason any portion of this Ordinance is found to be invalid by a court of competent jurisdiction, the balance of this Ordinance shall not be affected. SECTION 5. Certification and Publication. The City Clerk of the City of Palm Desert shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under California Government Code Section 36933. SECTION 6. CEQA. The City Council finds that adoption of this Ordinance is not a"project," as defined in the California Environmental Quality Act because it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and concerns general policy and procedure making. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.] � ..�r 10 M� M ORDINANCE NO. 1356 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Palm Desert on the 14th day of May, 2020, by the following vote: AYES: HARNIK, JONATHAN, KELLY, WEBER, AND NESTANDE NOES: NONE ABSTAIN: NONE ABSENT: NONE GINA NESTRNDE, MAYOR ATTEST: � , � ��� GRAC L. ROCHA, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA G,��- �,�- a. oa o D AS TO FORM: rcc�tstRT . HA CIT�A i ,RNE � REAVES 11 ORDINANCE NO. 1356 State of California ) County of Riverside ) s.s. City of Palm Desert ) I, Grace L. Rocha, Acting City Clerk, hereby certify that the foregoing is a true copy of Ordinance No. 1356, introduced at a regular meeting held on the 30th day of April, 2020, and duly adopted by the City Council of the City of Palm Desert, California at a regular meeting thereof held the 14th day of May, 2020. AYES: NOES: ABSTAIN ABSENT: HARNIK, JONATHAN, KELLY, WEBER, RND NESTANDE NONE NONE NONE r, � l.-��� U �t� ��--C�� Gra�e L. Rocha, Acting City Clerk �'�1 .J � ..r � � 12 ORDINANCE NO. 1356 EXHIBIT A ... _ PALM DESERT DISTRICT MAP [The Palm Desert District Map selected by the City Council at its meeting of April 16, 2020, known as "NDC7".] 13 ORDINANCE NO. 1356 � [This page has intentionally been left blank.] � � � � ORDINANCE NO. 1356 ORDINANCE NO. 1356