AGENDA TITLE:
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Consider Adopting Resolution Providing for the Appointment of Officer That Was to Be Elected and Cancelling the November 5, 2024, Election of Officer for District 5 (CLK)
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MEETING DATE:
August 22, 2024
PREPARED BY:
Olivia Nashed, City Clerk
recommendation
RECOMMENDED ACTION:
Consider adopting a resolution providing for the appointment of the officer that was to be elected and cancelling the November 5, 2024, Election of officers for District 5.
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BACKGROUND INFORMATION:
The nomination period for the office of City of Lodi (“City”) Council Member for District 5, was open from July 15 - August 9, 2024. Following the close of the nomination period, only one candidate filed papers for this office. Elections Code Section 10229 allows for the following courses of action to be taken by the City Council no less than 75 days before the election if there are not more candidates than offices to be elected:
1. Appoint to the office the person(s) who has/have been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
The City Clerk notified the City Council on August 16, 2024, that there were not more candidates than offices to be elected for District 5 and that the sole person nominated is Manmit (Mikey) Hothi. As required by Section 10229, a notice was published in the newspaper on August 17, 2024, notifying the public of these facts and that the Council will meet on August 22, 2024, at least five days following the publication date, to either make an appointment or direct an election to be held. The City Council has until the close of business on August 22, 2024 (i.e. the 75th day before the election) to take action.
If no action is taken by the City Council, the election shall be held. The San Joaquin Registrar of Voters (“SJROV”) estimates a cost savings of over $10,000 to cancel the election of officers for District 5. If the City Council makes an appointment pursuant to the Elections Code Section 10229, the City Clerk shall not accept any filings of statement of write-in candidacy that are submitted after the appointment is made. The filing period for write-in candidates would be September 9 to October 22, 2024.
FISCAL IMPACT:
The City consolidated its 2024 elections with the SJROV for election services. The City does not have an exact cost savings or fiscal impact, because the SJROV invoices the City after the election for its share of all services provided for the election. For the 2020 election year last consolidated with the Presidential Election, the City was invoiced $22,422.05 for District 5 election expenses alone. Therefore, the City Clerk’s office estimates that the 2024 costs would be roughly the same.
Funds have been allocated by the City Council during the FY24/25 budget adoption meeting of June 20, 2024, for all City election costs (both District 4 and 5) in the amount of $85,000.
FUNDING AVAILABLE:
10005000.72450.
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Olivia Nashed
City Clerk
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Katie O. Lucchesi
City Attorney