OFFICE OF THE CITY CLERK JULY 24, 2017 UPDATE REGARDING THE CALIFORNIA VOTER PARTICIPATION RIGHTS ACT (CVPRA) AND THE STATE ATTORNEY GENERAL’S ISSUED OPINION NO. 16-603

PURPOSE Provide updated information regarding the California Voter Participation Rights Act Distribute the California Attorney General’s Opinion received by the City on July 13, 2017 Review the potential impacts of the CVPRA and Opinion No. 16-603 No action contemplated at this time

BACKGROUND City of Pasadena’s City Charter governs the timing of City and School District elections Any changes to the City Charter requires a vote of the people On September 1, 2015, Governor Brown signed into law the California Voter Participation Rights Act (Elections Code Section 14050-14057) Applies to all local government elections (now determined to include charter cities) Beginning January 1, 2018, prohibits local governments from holding an election on any date other than a statewide election date, if doing so in the past has resulted in a turnout that is at least 25% below the average turnout in that jurisdiction in the last four statewide general elections

BACKGROUND Initially believed not to apply to charter cities, staff was concerned about the potential applicability of the CVPRA to Pasadena and Pasadena Unified School District Staff presented information to the City Council on March 7, 2016 Jauregui v. City of Palmdale (a charter city) determined that the California Voting Rights Act (requiring by-district elections) applied to charter cities California Voting Rights Act and the California Voter Participation Rights Act contain similar language Identical definitions of political subdivisions Similar punitive penalties related to Attorney fees However, lacked statewide significance language Following Palmdale decision, staff concerned that non-compliance with CVPRA could result in legal liabilities for City and PUSD

BACKGROUND City Council directed staff to seek a legal opinion from the California Attorney General Assemblymember Chris Holden submitted the following two questions on behalf of Pasadena and PUSD to the Attorney General’s Office: Does the [California] Voter Participation Rights Act directly apply to charter cities and local school districts, if both entities’ elections are governed by the charter of a city? Could a municipal election held by a charter city on an otherwise valid but non-statewide election date, that produced low voter turnout, be considered a matter of “statewide concern” sufficient to negate local control and impose the [California] Voter Participation Rights Act on a charter city? On July 13, 2017, State Attorney General Becerra’s Office issued Opinion 16-603 (Attachment B), which concluded the CVPRA does apply to charter cities and to local school districts whose elections are governed by City Charters

ISSUES TO CONSIDER As the City and School District contemplate future actions, the following is an initial list of issues to consider: Should the City and School District comply with the CVPRA in light of Attorney General Opinion No. 16-603? If not, questions remain regarding the viability of City’s current election vendor. If it is determined to comply, when should the City transition from the odd year election cycle to even year statewide dates? During the 2020 election year, or the 2022 election year? Should the terms of the City Council and Board of Education be extended or reduced on a one-time basis to facilitate the transition to statewide election dates?

ISSUES TO CONSIDER (cont.) Impacts to Primary and General Election Format Currently, City and PUSD require a 50% plus 1 majority to be elected at either the March Primary or April General (run-off) Election There are currently six weeks separating the City’s Primary and General Elections If City and School District transition to statewide dates, increases gap between Primary and General from six weeks to five months SB 568 (Lara) proposes further changes; moves statewide Primary date from June to March of even years Stated purpose is to increase California’s influence on Presidential Primary Election races Impacts City and School District by further increasing gap between Primary and General Elections (five months to eight months) Also would enable the Governor to hold Presidential Primary earlier than March (having met certain conditions) and with a minimum 240 days notice

ISSUES TO CONSIDER (cont.) Plurality Voting is a single-election format where the candidate receiving the highest number of votes is elected (no majority mandate required) No Primary election for City and PUSD, only a November General election Eliminates the uncertainty of Governor changing election dates with 240 days notice However, a candidate could be elected with a much lower percentage than 50% plus 1 Staff suggests the following be added to list of issues to consider: Should the City Council and Board of Education consider plurality voting as an alternative to the current Primary and General election format requiring a 50% plus 1 majority mandate?

COMPLYING WITH CVPRA, CHARTER AMENDMENT(S) Elections Code Section 14052(b) states: “A political subdivision may hold an election other than on a statewide election date if, by January 1, 2018, the political subdivision has adopted a plan to consolidate a future election with a statewide election not later than the November 8, 2022, statewide general election.” In order to change the City Charter, proposed charter changes must be submitted to voters Potential dates for the City Council to consider include: June 5, 2018 Gubernatorial Primary Election November 6, 2018 General Election March 5, 2019 City Primary Election – However, staff is concerned that due to the format of City ballots, this would result in multiple ballot cards and increased election complexity

CHARTER STUDY TASK FORCE Although not required, a Charter Study Task Force provides the opportunity for additional public input and vetting of complex issues Suggested purpose of the Task Force: Study and fully examine issues; provide recommendations Consider recommended ballot language to submit to voters Consider recommended changes to City Charter language to be codified Potential dates for the City Council to consider include: August 28, 2017 – Staff report and actionable recommendation September 2017 to July 2018 – Charter Task Force work August 6, 2018 – Deadline for Calling Special Election to coincide with November 6, 2018 General Election November 6, 2018 Statewide General Election

CONSULTANT SERVICES AND OTHER CONSIDERATIONS If a Task Force is formed, suggested that a consultant be hired to help facilitate the effort: Staff preparing a Request for Proposals A proposed Scope of Work to be presented at August 28th meeting Procedural issues to be considered: Application and appointment process for Task Force members Timing of appointments (September) Composition of Task Force Coordination with PUSD Development of Task Force Charge and Scope Funding allocation of $150,000 available to support work of the Task Force

CITY OF LOS ANGELES CHARTER AMENDMENT The City of Los Angeles recently submitted Charter Amendments to voters regarding changes in election timing and similar to what the City and School District are contemplating in light of the Attorney General’s Opinion (provided as Attachment D to the agenda report): Changed City election dates from March and May of odd years to coincide with statewide dates in June and November Increased terms for Councilmembers and LAUSD Board of Education members on a one-time basis from 4 years to 5 ½ years to enable the transition to new election dates Will potentially require further Charter changes if SB 568 is signed by Governor Arguments for and against charter amendments provided as information

ILLUSTRATION OF ELECTION DATES