070907 - Item 10CAGENDA ITEM # 1 OC
JULY 9, 2007
Hanson, Jim
From: Alan Jensen [alan@ajensenlaw.com]
Sent: Sunday, June 17, 2007 9:01 AM
To: Hanson, Jim
Cc: Bussey, Donna; Doerr, Sonya; 'Holland, Jerry'
Subject: AB Elections
Jim: I met with Jerry Holland at his office last Thursday, June 14, for about 30 minutes, and discussed his letter to
Mayor Wolfson dated May 11, 2007. There have been some minor changes to the elections law which could
result in certain problems for our city elections, especially if there is a very close race. I have concluded that we
basically have two (2) options, as follows:
1. Do nothing. Jeny indicated that his office would continue to work with us according to our current
elections schedule, although certain problems could arise, such as in a very close race. For example, one of the
election law changes allows someone to vote on election day, but if they don't have the necessary identification
with them at that time, they are given three (3) days to return with the identification, and their vote cannot be
counted until they return with the identification. This would be an example of a "provisional" ballot referenced in
Jerry's letter of May 11.
2. Prepare an ordinance proposing a charter change, to be on the ballot for a referendum in the
January 2008 presidential primary, with new scheduling for city elections, while trying to keep our primary election
on the first Tuesday of October, such as the following:
a. Move qualifying back so that it begins the first Tuesday in Sept. and ends the second
Tuesday in Sept. (Charter - Sec.39)
b. Keep the primary election the first Tuesday in October (Charter - Sec.40)
c. Move the general election to the first Tuesday in November (Charter - Sec.41)
d. Move the swearing in of the newly elected commissioners to the second Monday in
November, which will coincide with a regularly scheduled meeting of the commission (Charter - Sec.14)
e. Consider changing the time the commission canvasses the elections results, which
currently is done the same night as the election (Charter -Sec. 43). Perhaps moving certification of the election
results to the first regularly scheduled meeting in November would be appropriate and convenient. The "old"
commission could convene and certify the results of the election, then adjourn. Immediately thereafter the newly
elected commissioners could be sworn in and then the "new" commission could convene and conduct its regularly
scheduled business for that meeting.
This would build in approximately four (4) weeks between qualifying and the primary, and between the
primary and general elections. This would allow additional time for the supervisor of elections office to count
absentee and "provisional" ballots, which may be important in the event of a close race, and also allow additional
time for printing ballots and performing other functions of the supervisor's office. According to Jerry Holland, both
the other beach cities have adopted similar scheduling for their city elections. Jerry has offered to attend a
commission meeting to discuss this with our officials and answer any of their questions.
It appears to me that the recommended changes should be implemented. I believe there would be
minimal impact on the code of ordinances, the only change I am aware of being the timing of candidate signs in
Sec. 17-26(b)(7). There may be other changes, and we can look into that further if necessary. The changes
would address the concerns of the supervisor of elections office, and keep the meetings of the city commission as
regularly scheduled. Please contact me with any questions regarding this issue. Alan
ALAN C. JENSEN, ESQUIRE
7/2/2007