Legislation Details

File #: 24-1197    Version: 1 Name:
Type: Public Hearing/General Business Status: Agenda Ready
File created: 11/19/2024 In control: City Council and Authorities Concurrent
On agenda: 12/17/2024 Final action:
Title: Adopt a Resolution Declaring the Results of the Canvass of Returns of the Consolidated Municipal General Election held on November 5, 2024 with the Statewide Presidential Election
Attachments: 1. Resolution Declaring Election Results, 2. Exhibit A - Certificates of Election Results, 3. Exhibit B - Official Final Results, 4. Resolution No. 24-9412

REPORT TO COUNCIL

SUBJECT

Title

Adopt a Resolution Declaring the Results of the Canvass of Returns of the Consolidated Municipal General Election held on November 5, 2024 with the Statewide Presidential Election

 

Report

COUNCIL PILLAR

Enhance Community Engagement and Transparency

 

BACKGROUND

A Consolidated Municipal General Election was held on November 5, 2024 with the Statewide Presidential Election. California elections Code Section 9296 and 10262 require that the City Council adopt a Resolution reciting the facts of the election no later than the next regularly scheduled City Council meeting following presentation of the 30-day canvass of returns.

 

DISCUSSION

Consistent with the California Elections Code, staff brings forward this report and has prepared a resolution for adoption. Attached is the official canvass of the returns of said election with the appropriate provisions of the California Elections Code. The results of said election is as follows:

 

A. TOTAL NUMBER OF BALLOTS CAST IN THE CITY:

 

1. Registered Voters

60,094

2. Total Ballots Cast

44,129

3. Voter Turnout

73.43%

 

B. OFFICE AND NAMES OF CANDIDATES AND TOTAL VOTES RECEIVED:

 

Chief of Police

 

 

Cory Morgan

22,880

52%

Mario Brasil

11,831

27%

Undervotes/overvotes

9,418

21%

Total Votes Cast for Chief of Police

44,129

 

 

City Clerk

 

 

Paul Tacci

5,491

12%

Poornima Gopi

9,953

23%

Steve Kelly

9,415

21%

Bob O’Keefe

10,380

24%

Undervotes/overvotes

8,890

20%

Total Votes Cast for City Clerk

44,129

 

 

Councilmember - District 1

 

 

Albert Gonzalez

2,507     

37%

Satish Chandra “Sunny”

2,012     

30%

Harbir K. Bhatia      

1,348     

20%

Undervotes/overvotes

   949

13%

Total Votes Cast for District 1:

6,816

 

 

Councilmember - District 4

 

 

Kevin Nara Park

3,371

50%

Teresa O’Neill

2,324

34%

Undervotes/overvotes

1,053

16%

Total Votes Cast for District 4:

6,751

 

 

Councilmember - District 5

 

 

Sudhanshu “Suds” Jain

3,539

46%

David Kertes

3,010

40%

Undervotes/overvotes

1,065

14%

Total Votes Cast for District 5:

7,614

 

 

Councilmember - District 6

 

 

Kelly G. Cox

4,040

42%

George Guerra

1,834

20%

Anthony J. Becker

1,692

18%

Undervotes/overvotes

1,610

20%

Total Votes Cast for District 6:

7,566

 

 

C. MEASURES AND TOTAL VOTES RECEIVED:

 

Measure I - To Approve the Issuance of General Obligation Bond

i. Yes

28,133

        69%

ii. No

12,399

        31%

 

40,532

 

 

Per the City Charter, for the positions of Chief of Police, City Clerk and District Councilmembers, the candidate receiving the most votes is the winner.  Accordingly, the following individuals are the winners of their respective seats:

 

Chief of Police:                                                                                    Cory Morgan

City Clerk:                                                                                                         Bob O’Keefe

 

City Councilmember District 1:                                          Albert Gonzalez

City Councilmember District 4:                                          Kevin Nara Park

City Councilmember District 5:                                          Sudhanshu “Suds” Jain                        

City Councilmember District 6:                                          Kelly G. Cox

 

Per Article XIIIA of the California Constitution, to be approved, the “Yes” vote in favor of Measure I must secure 66.7% or greater of the votes cast.  Since the “Yes” vote on Measure secured 69% of the votes cast, Measure I was approved by the voters.

 

Legal Requirements and Effects of the Election Certification Process

Under the City Charter, unless an express provision of the Charter provides otherwise, City elections are governed by the California Elections Code [Charter Section 700].  With respect to election certification, there are no Charter provisions providing otherwise. 

 

Under the Elections Code, section 10262 requires the elections official to conduct the canvass of votes (i.e., count the votes cast in the election), pursuant to its sections 15302 and 15303. “Upon the completion of the canvass, the elections official shall certify the results to the governing body.” (Elec. Code § 12062.) The canvass must be completed by the fourth Friday after the election (Elec. Code § 10262, subd. (a)), and for a consolidated election, the elections official shall certify the results to the governing body, and the governing body must certify the election results in compliance with section 10263 by its next regularly scheduled meeting after the 28-day canvass or at a special meeting called for that purpose. (Elec. Code § 10262, subd. (b).) Elections Code section 10263 requires the governing body to adopt a resolution reciting “the fact of the election and the other matters that are enumerated in section 10264.” The governing body must also “declare the results and … install the newly elected officers.” (Ibid., subd. (a).)

 

Although the certification process described above, is mandatory, election certification does not definitely decide the outcome of every election contest. Even after “certification” there are separate legal processes for challenging the outcome of an election, or the qualifications of an elected candidate to hold office.  The first such process is contained in Elections Code Section 16100.  The second such process is known as a “quo warranto” proceeding.

 

Elections Code Section 16100.  Most of the bases for challenge to an election under Elections Code 16100 relate to elections official misconduct, material vote counting errors, or the casting of illegal votes.  Section 16100(b) also provides for an election challenge based on a determination that a person elected was not, at the time of the election, eligible to hold office.  Under Section 16401(d) a statement of such challenge must be filed with the superior court within 30 days after the City’s certification of the subject election.

 

Quo Warranto.  A quo warranto action must either be initiated by the City Council or be initiated or authorized by the State Attorney General.  A quo warranto action doesn’t relate to the election itself, but to the qualifications of a party to run for or hold a public office under applicable law.  Applicable laws include federal, state or local laws, which would include the City’s own Charter requirements. Quo warranto actions can be initiated at any time during the tenure of an elected official.

 

Either form of elections challenge, whether under the Elections Code or a quo warranto proceeding, may be initiated by the City Council itself or an individual “elector” within the City; provided, however, as discussed above, any proposed quo warranto action by an individual elector must first be approved by the Attorney General. 

 

FISCAL IMPACT

There was no fiscal impact in the preparation of this report.

 

PUBLIC CONTACT

Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> .

 

RECOMMENDATION

Recommendation

Adopt a resolution reciting the facts of the Consolidated General Municipal Election held on November 5, 2024 with the Statewide Presidential Election and declare the following candidates elected: Cory B. Morgan for Chief of Police, Bob O’Keefe for City Clerk, Albert Gonzalez for Councilmember in Council District 1, Kevin Nara Park for Councilmember in Council District 4, Sudhanshu “Suds” Jain for Councilmember in Council District 5, Kelly G. Cox for  Councilmember in Council District 6, with each serving a four-year term.

 

Staff

Reviewed by: Glen R. Googins, City Attorney

Reviewed by: Nora Pimentel, Assistant City Clerk

Approved by: Hosam Haggag, City Clerk

ATTACHMENTS  

1. Resolution Declaring the Results of the Election

2. Exhibit A - Certificates of Election Results

3. Exhibit B - Official Final Results