HomeMy WebLinkAbout1980-11-18; City Council; 6432; Tie votes in municipal elections—s CITY OF CARLSBAD
AGENDA BILL NO. £*/-32-*
DATE: November 18,, 1980
DEPARTMENT: City Attorney .
Initial:
Dept.Hd.
C. Atty.
C. Mgr.
3eCt: TIE VOTES IN MUNICIPAL ELECTIONS
Statement of the Matter
The Council may recall experiencing some diffculty in
accepting my advice that the state law provided for theflipping of a coin to resolve a tie vote in an election.
By a. memorandum dated September 30, 1980, I advised theCouncil of an amendment to the Elections Code which would
give the Council the option of resolving a tie vote bya special election. This Agenda Bill has been prepared
in response to a request from a member of the Council
that the matter be placed before your body for action.
A copy of the new law has been attached. It provides
that in the event of a tie, the Council could either
elect to resolve it by lot or could call a special election
involving both the candidates who tied and the candidate
receiving the highest number of votes. The decision to
have a runoff election would require such elections in =
the future in all cases of a tie unless the Council first
repeals the enabling ordinance.
Exhibits
Chapter 564, A.B. 3413 - Elections—Tie Votes—Consolidation
Ordinance No. /<2if3~ .
Recommendation
This is a policy matter for the City Council.
Council Action;
11-18-80 Council filed the matter.
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ORDINANCE NO. 1235
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 1, CHAPTER 1.12 OF THE CARLSBAD
MUNICIPAL CODE BY THE ADDITION OF
SECTION 1.12.020 TO PROVIDE FOR THE
RESOLUTION OF A TIE VOTE BY SPECIAL
ELECTION.
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION: That Title 1, Chapter 1.12 of tho Carlsbad Municipal
Code is amended by the addition of Section 1.12.020 to read as
follows:
"1.12.020 Resolution of tie' vote — Special Election.
The provisions of Section 20501(b) of the California Elections
Code are hereby adopted for the City of Carlsbad to provide for
the resolution of a tie vote by lot as provided in Section 20501(a)
of the California Elections Code or by a special runoff election
involving those candidates who received an equal number of votes
and the highest number of votes."
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to
the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the day of ,
1980 and thereafter
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the day of , 1980 by the
following vote, to wit:
AYES:
NOES:
ABSENT:
RONALD C. PACKARD, Mayor
ATTEST:
ALETHA L. RAUTENKRANZTClty Clerk
(SEAL)
2.