Consider Designation of Method for Resolving Tie Votes for Elections in Voter Divisions 1 through 5


Meeting Date:

June 15, 2009





Darby Fuerst,

General Manager

Program/ Line Item No:



Prepared By:

Arlene Tavani

Cost Estimate:



General Counsel Approval: Yes

Committee Recommendation:  The Chair and Vice Chair met on May 28, 2009 and recommended that a special election be conducted to resolve any tie vote in future elections in Voter Divisions 1 through 5.

CEQA Compliance:  N/A


SUMMARY:  An election will be conducted on November 3, 2009, for Directors in Voter Divisions 1 and 2.   In preparation for the November election, Monterey County Elections has requested the District specify that if a tie vote were to occur, would the vote be resolved by lot or by special runoff election.  The Board’s decision shall be binding for all future elections, unless the Board later repeals the authority for the conduct of a special runoff election.    The District must provide the Board’s determination on this issue by July 1, 2009. 


RECOMMENDATION:  The Chair and Vice Chair reviewed this issue and recommended that for all future elections in Voter Divisions 1 through 5, if a tie vote should occur, the vote shall be resolved by a special runoff election.  If this item is approved on the Consent Calendar, a run-off election shall then be held in the event a tie vote occurs at any District election, in accord with the provisions of §15651(b).


BACKGROUND:  According to Elections Code §15651 and §10551 votes for City and District elections are resolved by lot.  In lieu of resolving a tie vote by lot, the District/City may resolve a tie vote by the conduct of a special runoff election pursuant to §15651(b).  A special runoff election shall be held only if the legislative body adopts the provisions of §15651(b) prior to the conduct of the election.  The Board may later repeal the authority to conduct a special runoff election.


IMPACT TO STAFF/RESOURCES:  If a special runoff election were to be conducted, the District would be responsible to pay for the costs of the special election.  The cost to conduct a special election would be determined by Monterey County Elections at the time of the election.   There would be no cost to resolve the vote by lot.