1. OFFICE OF THE CITY CLERK OCTOBER 16, REQUEST FOR DIRECTION REGARDING THE CALIFORNIA VOTER PARTICIPATION RIGHTS ACT (CVPRA) AND STATE ATTORNEY GENERAL’S ISSUED OPINION NO

2. BACKGROUND
September 1, 2015, Governor Brown signed into law the California Voter Participation Rights Act (CVPRA)
March 6, 2016, City Council directed staff to seek a legal opinion from the California Attorney General regarding applicability of CVPRA to charter cities
July 13, 2017, State Attorney General Becerra’s Office issued Opinion No , which concluded the CVPRA does apply to charter cities and to local school districts whose elections are governed by City Charters
July 24, 2017 and August 28, 2017, City Council briefed on CVPRA issue
January 1, 2018, City can adopt a plan to comply with CVPRA
June 5, 2018, November 6, 2018, or March 5, 2019* potential dates for Charter Amendment language
*March 5, 2019 is the next scheduled regular City of Pasadena election if no changes made

3. CVPRA GOALS
Designed to increase voter turnout in local elections; prohibits cities from holding regular elections on any other date than statewide dates if voter turnout rate is less than 25% of the average voter turnout for last four General statewide elections
Consolidates and centralizes election administration to County Registrar of Voters (ROV) across California
Current funding structure for election administration supports this model (e.g. only ROVs have access to Federal Help America Vote Act funds)
Most elections for cities are already conducted by County ROV (outside of LA County)
Consolidates all regular elections onto two statewide dates, greatly reducing regular elections County ROVs must administer under the law
Effective use of public resources and funds for election administration

4. CVPRA GOALS
CVRPA part of larger election reform movement, with recent new legislation passed, including California Motor Voter and California Voter’s Choice Act laws
California Secretary of State Alex Padilla has been promoting these new voting reforms, with changes designed to:
Remove barriers to registration and voting
Address influences that may lead to voter suppression
Increase accessibility and flexibility to match today’s voters
In moving elections to statewide dates, CVPRA changes the focus on bringing voters to elections to bringing elections to voters

5. STATE ATTORNEY GENERAL OPINION NO. 16-603
On July 13, 2017, State Attorney General Becerra’s Office issued Opinion No , which concluded the CVPRA does apply to charter cities and to local school districts whose elections are governed by City Charters
Opinion further impacts local control in municipal affairs
Some believe the determination over-reaches, does not properly apply cited case law, and City has basis to fight Opinion
To date, no charter city contacted has expressed an interest to join in a legal challenge of AG’s Opinion (Burbank and Long Beach have decided to comply)
Suggests that the local control argument for this particular issue may be offset by benefits
Increased voter turnout
Consolidated election efficiency and potential cost savings
Protection from uncertainty in maintaining off-year election cycle

6. TURNOUT IN PASADENA ELECTIONS
VOTER TURNOUT COMPARISON:
City Council Data
2011 Primary
2011
General
2013
Primary
2015
2017
Voter Registration
73,400
12,372
29,671
N/A
76,248
79,268
32,589
12,508
Ballots Cast
14,483
3,753
3,826
15,368
15,804
7,061
3,561
Voter Turnout
19.7%
30.3%
12.9%
20.2%
19.9%
21.7%
28.5%
Statewide Data
2010 Primary
2010
2012
2014
2016
69,554
72,024
72,351
75,190
78,446
79,026
78,936
82,831
20,065
44,930
20,597
58,075
15,431
29,858
38,419
62,468
28.9%
62.4%
77.2%
37.8%
49.0%
75.4%
Average voter turnout for City Primary elections: 18.6%
Average voter turnout for City General elections: 26.2%
Average voter turnout for State Primary elections: 31.4%
Average voter turnout for State General elections: 63.2%

7. RESPONSES TO CITY COUNCIL QUESTIONS – AUGUST 28, 2017
What is the number of charter cities in California: 122
What is the timing of elections for these charter cities? Are there known plans for charter cities on off-cycle elections to comply with the CVPRA?
How many cities utilize plurality voting, run-off voting, or instant run-off voting?
* 5 cities (Burbank, Los Angeles, Long Beach, Norco, and San Bernardino) have approved, or are in the process of approving, transitions to statewide dates
** 6 cities with Primary and General election dates that align with the statewide Primary and General elections (Chula Vista, Fresno, Sacramento, San Diego, San Jose, and Stockton)
**Los Angeles, Long Beach, and San Bernardino have approved, or are in the process of approving, aligning city elections with Primary and General statewide dates
** Burbank is in the process of approving a change to General statewide election date and utilizing plurality voting
Statewide Primary
Statewide General
Off-year 10 81
31*
Plurality
Run-off
Instant Run-off
102
16** 4

8. RESPONSES TO CITY COUNCIL QUESTIONS – AUGUST 28, 2017
COUNTY 1
Arcadia
Los Angeles 2
Bell 3
Burbank* 4
Cerritos 5
Compton 6
Culver City 7
Desert Hot Springs
Riverside 8
El Centro
Imperial 9
Glendale 10
Industry 11
Inglewood 12
Irwindale 13
Lancaster 14
Long Beach* 15
Los Angeles* 16
Modesto
Stanislaus 17
Norco* 18
Palm Springs 19
Pasadena 20
Rancho Mirage 21
Redondo Beach 22
Redwood City
San Mateo 23 24
San Bernardino*
San Bernardino 25 26
San Rafael
Marin 27
Santa Barbara 28
Signal Hill 29
Temple City 30
Vernon 31
Whittier
* Indicates City approved or in the process of complying with CVPRA

9. CONTINUING WITH CURRENT ELECTION MODEL
Considerations Include:
Challenges for Martin & Chapman Company to continue operations under its current business model as a full-service election vendor – no confirmation regarding availability of City 2019 election
City Clerk staff is not presently staffed or outfitted to conduct elections on its own
County of Los Angeles, Registrar of Voter is a non-private option to administer elections under the current model:
Requires City to extend time-period between Primary and General from 6 weeks to 12 weeks (would require a Charter Amendment)
County would run stand-alone election, using County equipment, staff, & voting system
Quoted estimate of $2.1 million (Attachment B) for Citywide Primary and General election
County has indicated there may be issues with conducting election on behalf of the City

10. IN-HOUSE ELECTION MODEL
On September 12, 2017, visited City of Long Beach to review in-house election administration model
Since 2007, City of Long Beach has been conducting city elections for Mayor, City Council (by-district), and certain City Offices
Long Beach has direct access into the County’s Voter Registration Database System, DIMS
Activate active voting areas
Identify eligible voters
Track the ongoing processing of VBM ballots
Print voter rosters for each precinct
Long Beach invested in purchasing a certified ballot tabulation system, voting booths, precinct kits, election signage, etc.
Utilizes printing services from a certified ballot printer (approved by Secretary of State)

11. IN-HOUSE ELECTION MODEL
The staff report (Pages 10-11) provides information on an example of what might be needed to fully implement the City of Long Beach model – note that staff provided this as an example for a long-term solution for conducting elections on an in-house basis
Options may be available that would reduce the capital investment expense
Explore options such as All-Mail Ballot elections
Utilize County services and resources for certain precinct supplies (e.g. voting booths and ballot boxes)
Following are images of City of Long Beach election supplies:

12. IN-HOUSE ELECTION MODEL
With regard to the ballot tabulation equipment under Capital Investment section, there are corrections and updates to be noted:
Annual license and support fee included with the initial estimate of $500,000 ($25,000)
System includes 64 ADA Accessible voting booths ($10,000)
If the City were to work with County to rent voting booths and ballot boxes, would result in a net savings of $57,500, understanding that County charges City to rent such equipment
With these corrections and updates, the new total amount for Capital Investment would be: $542,500

13. IN-HOUSE ELECTION MODEL
Ballot Printing
Quantity
Cost
VBM $.24 per ballot
43,111
10,347
Poll Ballots (55% registered voters
28,000
6,720
excluding $.24 per ballot
Press Setup
4,000
Freight
2,750
Total VBM and Poll Ballots
23,817
Vote by Mail $.23 per packet
9,916
Mail Set-up
Standard Freight
16,666
Total Ballot Printing
40,482
Envelopes and Inserts
Quantity
Cost
Outgoing $.09
55,000
4,950
Reply $.12
6,600
Instruction $.02
1,100
12,650
Sample Ballots
Press per Ballot Type 12
2,400
Print and Mail $.58
125,000
72,500
Standard Freight
3,100
78,000
Total estimate per election
131,132
Total Printing Election estimate (Primary and General)
262,264
Estimates for Vote by Mail and Poll Voters provided by County of Los Angeles
VBM: 43,111
VAP: 50,792

14. IN-HOUSE ELECTION MODEL
Precinct Officers/Polling Sites
53,845
Office Supplies
3,043
Equipment Purchase under $10,000
873
Photo Copy Machine
434
Legal Notices
19,388
Jet Delivery
1,236
Poll Site Liability Insurance
3,272
Pasadena Center - Poll Worker Training Class
5,023
LA County Registrar-Recorder
6,716
Vote Remote Signature Verifications
6,263
Delivery of Precinct Supplies
4,722
Language Network (Translations)
3,508
KPAS Video Production - Election Night
7,000
Postage and Mailing
Bulk Mailing - Sample Ballot
34,700
Election Correspondence
5,760
Mailing of Vote By Mail
16,325
IS Charges
Printing
5,210
Telephones/Computer Operations 9
MISC
8,505

15. CVPRA COMPLIANCE
If determined appropriate, the City Council would need to provide direction, with staff to return with the following:
Charter Amendment language to be submitted to the voters for approval
Confirm recommendations to extend terms on a one-time basis to 5 ½ years to facilitate transition
Effective in 2020 or 2022
Target election date for the Charter Amendment measure
A city plan for adoption prior to January 1, 2018 detailing the City’s plan to comply with the CVPRA

16. NEW STATE LEGISLATION
Senate Bill 25 (Portantino) Elections: Ballot Order (pending)
Establishes a revised order of precedence of offices on the ballot requiring that local offices and measures appear first before statewide and national offices and measures
Increased likelihood that more voters will focus and vote on local races and measures
SB 568 (Lara): moves statewide Primary date from June to March of even years (signed)
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 (as early as January) and with a minimum 240 days notice (potentially increasing gap to ten months)

17. NEXT STEPS
Consider the matter on whether and how to comply with the CVPRA, including submitting amendments to the City Charter for voter consideration and approval at an upcoming election;
Refer the matter to the Legislative Policy Committee (or other City Council Committee) for study and recommendation, prior to taking further action;
Refer the matter to a Charter Study Task Force for study and recommendation, prior to taking further action; or
Provide alternative direction to staff on how to proceed.

18. CITY OF LOS ANGELES CHARTER AMENDMENT
The City of Los Angeles recently submitted Charter Amendments to voters regarding changes in election timing; similar changes to what the City and School District are contemplating in light of the Attorney General’s Opinion:
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 now that SB 568 has been signed by Governor

19. CITY OF BURBANK CHARTER AMENDMENT
The City of Burbank recently voted unanimously to:
Consolidate Burbank elections with the statewide General election starting November, 2020
Eliminate Burbank’s Primary election
Extend City Council terms from 4 years to 5 years and 7 months
Submit the above as a Charter Amendment for voter approval -  June of 2018 (statewide Primary)

20. ILLUSTRATION OF ELECTION DATES