Receive report regarding the City of Davis' request that the Yolo County Elections Office provide election services for their All-Mail Ballot Special Municipal Election called for May 2, 2023, to fill a vacancy on the City Council for a seat that expires in December 2024. (No general fund impact) (Salinas)

Receive report regarding the City of Davis' request that the Yolo County Elections Office provide election services for their All-Mail Ballot Special Municipal Election called for May 2, 2023, to fill a vacancy on the City Council for a seat that expires in December 2024. 

On June 7, 2022, Yolo County held an election for Yolo County Supervisor, District 2. Current Davis Mayor Lucas Frerichs was elected by a majority of voters and was sworn in as Yolo County District 2 Supervisor on January 3, 2023, taking office January 3, 2023. This created a vacancy on the City of Davis City Council for the remainder of his term as Davis Council member for District 3 (term concludes after the November 2024 election). This city council position was elected in the November 3, 2020, General Election using the new 2019 district boundaries (see Attachment C) as the city council moved from At-Large to By-District elections.  This means that the 2020 census boundaries for this particular district will not be applicable until the November 2024 election.

Council vacancies are governed by California Government and Election Codes and the Davis Municipal Code. The City of Davis City Council considered options related to the filing of a vacancy. The Council held an exploratory discussion on July 19, but as there was no vacancy at that time, they were unable to take any actions. Once the vacancy exists, the Council is required by law to take action within 60 days. The City Council has sixty days from the vacancy to determine a course of action. This means the City Council must decide to hold an election or appoint a representative for District 3 no later than March 4, 2023.

Elections Code section 4004 permits an all-mail ballot election to fill a vacancy on the City Council in a city with a population of 100,000 or less. The City of Davis has adopted on January 3, 2023, the Resolutions 23-003 and 23-004, calling for the holding of an All-Mail Ballot Special Municipal Election on Tuesday, May 2, 2023, to fill the vacancy on the City Council of a council member seat for District 3 (using the 2019 boundaries) that will expire in December 2024. See Attachments A, B, and C.

Elections Code section 10402 allows the Board to delegate authority to the Registrar of Voters to order the consolidation of local elections; the board delegated this authority on June 28, 2022, with the passing of Board Resolution 22-82. See Attachment D. The City has agreed to fully reimburse the County for rendered election-related services.