action item



Consider Adoption of Resolution 2010-16 ordering an election in voter division 1 and consider approval of funding to conduct the election


Meeting Date:

December 13, 2010





Darby Fuerst,

General Manager





Line Item No.:





Prepared by:

Arlene Tavani

Cost Estimate:



General Counsel Review:   Yes

Committee Recommendations:  The Administrative Committee reviewed this item on December 6, 2010 and recommended approval.

CEQA Compliance:  N/A


SUMMARY:  On November 15, 2010, the Board of Directors received Alvin Edwards’ resignation as representative to Voter Division 1.   The Board also voted to conduct an election to fill the vacancy in Division 1.   Attached as Exhibit 23-A, is Resolution No. 2010-15 calling for the Monterey County Elections Department to conduct a mail-ballot election on May 3, 2011, and authorizing the election to be consolidated with other measures that would be scheduled for a May 3, 2011 election. 


The Monterey County Registrar of Voters has informed the District there is a possibility that the Governor of California may call for a special election on a different date in May 2011.  If so, it will be much easier for the voters to participate if measures set for the May 3 election were consolidated with the May special election, and only one set of election materials were provided to the electorate.  Pursuant to Election Code Section 10406, the District may request that the May 3 election be called and later consolidated with that special election.  However, Linda Tulett, Monterey County Registrar of Voters, has advised the District to refrain from implementing that provision, as it is unknown if a special election will be called and what the date would be.  In the future, should the Governor call a special election, the District would have four days to submit a resolution requesting that the May 3 election be consolidated on the new election date.  The request would need to be pre-cleared by the Department of Justice.  Staff will monitor this situation and notify the Board if the Governor does set a special election date.


The Monterey County Elections Department has a polling-place election set for June 7, 2011.  The Board also has the option of amending Resolution No. 2010-15 to specify that the election be conducted on June 7, 2011.


The Elections Department estimates that the cost to conduct an election in Division 1, based on 7,866 registered voters would be:  (1) $133,722 for a mail-ballot election, $17 per voter; and (2) $157,320 for a polling-place election, $20 per voter.   The cost to conduct either of these elections will be lower than estimated, if the election in Division 1 is consolidated with another measure and the cost shared with the other sponsoring agency. 


RECOMMENDATION:  Staff recommends that the Board: (1) adopt Resolution No. 2010-15 calling for an election in Voter Division 1 on May 3, 2010, or revise the Resolution to specify that a polling-place election be conducted on June 7, 2011; (2) direct staff to confer with the Chair and Vice Chair if the Governor does call a special election date, and determine if a special Board meeting should be called to consider adoption of a resolution that would request consolidation of the May 3 election with the new election date; and (3) authorize funding to conduct the election in an amount not-to-exceed $133,800 for a mail-ballot election, or $157,400 for a polling-place election.


BACKGROUND:   At the November 15, 2010 Board meeting, staff advised the Board that the election in Voter Division 1 could be conducted by the County of Monterey, or an elections consultant such as was utilized by the City of Carmel-by-the-Sea in a recent election.  District staff incorrectly asserted that the election could be conducted by an elections consultant.   Section 233 of the MPWMD Enabling Legislation states that all elections by voter division must be conducted according to the Uniform District Election Law for resident voting districts.  Section 10502(a) of that law requires that the “county elections official” conduct all elections in resident voter districts.  Therefore, California State law requires that the Monterey County Elections Department conduct the election in Voter Division 1.   The California Elections Code also specifies that the District can conduct a mail-ballot election in May.


IMPACT TO STAFF/RESOURCES:  Funds to pay for this unanticipated special election are not included in the Fiscal Year 2010-2011 budget, and the Contingency fund does not contain a sufficient balance to cover the $157,400 cost.  However, at the annual mid-year budget adjustment in February 2011, money will be transferred from other funds to cover the election cost.



23-A    Ordering an Election, Requesting County Elections to Conduct the Election, and Requesting Consolidation of the Election