HomeMy WebLinkAboutAgenda Report - June 3, 1998 (85)AGENDA TITLE: Establish Policy If No One, Or Only One, Person Is Nominated For An Elective Office In The
November 3, 1998 General Municipal Election
MEETING DATE: June 3, 1998
PREPARED BY: City Clerk
RECOMMENDED ACTION: That the City Council adopt Resolution No. 98-86 providing for the appointment to the
offices of this City that are to be elected Tuesday, November 3, 1998 of the persons
who have been nominated if there are not more candidates than offices to be elected.
BACKGROUND INFORMATION: §10229 of the Election Code allow for one of the following courses of action
to be taken by the City Council in the event there are not more candidates
than offices to be elected, or if no one is nominated:
• Appoint to the office the person who has been nominated.
• Appoint to the office any eligible voter if no one has been nominated.
• Hold the election if either no one or only one person has been nominated.
Council may recall that a number of years ago only the incumbents were nominated for office at the General Municipal
Election held in Lodi. State statute, at that time, mandated that the election be held. The City had to bear the cost of
the election and the voter turnout was extremely low. State statutes have since been amended to allow for a number
of courses of action which can be followed should this happen. However, the decision on which course of action is to
be followed must be adopted by the City Council prior to the election.
The provisions of this statute do not apply if, at the subject election, more than one person has been nominated to
another City office to be elected on a City-wide basis or city measure has qualified to be placed on the ballot.
In the event that no nominations are received, this matter will be brought back to the Council following the close of
nominations for Council to decide if it wishes to appoint eligible voters to the office or hold the election which would
then allow for write-in candidates.
FUNDING: None required.
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Attachment
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Alice M. Re
City Clerk
APPROVED:
H. DI Flynn -- Ci anager,
RESOLUTION NO. 98-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA,
PROVIDING FOR THE APPOINTMENT TO THE OFFICES OF THIS CITY THAT WERE
TO BE ELECTED TUESDAY, NOVEMBER 3, 1998 OF THE PERSONS WHO HAVE BEEN
NOMINATED IF THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE ELECTED
WHEREAS, §10229 of the Election Code of the State of California, allows for one of the
following courses of action to be taken by the City Council if there are not more candidates than
offices to be elected:
Appoint to the office the person who has been nominated;
Appoint to the office any eligible voter if no one has been nominated;
Hold the election if either no one or only one person has been nominated.
RESOLVED, that the Lodi City Council does hereby declare its intention to appoint to the
office the person who has been nominated; and
BE IT FURTHER RESOLVED, that the Lodi City Council does hereby direct the City Clerk
to proceed with the provisions of §10229 of the State of California Election Code as they pertain to
the General Municipal Election of November 3, 1998.
Dated: June 3, 1998
I hereby certify that Resolution No. 98-86 was passed and adopted by the Lodi City
Council in a regular meeting held June 3, 1998 by the following vote:
Ayes: Council Members - Johnson, Land, Mann, Pennino
and Sieglock (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members - None
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Alice M. Reimche
City Clerk
98-86