10,503 / 42.11% Yes votes ...... 14,440 / 57.89% No votes

See Also: Index of all Measures

If, at a regular municipal election held on the first Tuesday after the first Monday in November of each odd-numbered year, no candidate for one of the elective offices of the City of Modesto receives a majority of the votes cast at said regular municipal election, a second regular municipal election shall be held for said office on the second first Tuesday in December March of each odd even-numbered year commencing with the year 1987 2004. At said second regular municipal election, the two (2) candidates receiving the highest number of votes at the first regular municipal election shall have their names placed on the ballot for election to said office. The terms of those Councilmembers, including the Mayor, elected in 1999 are hereby extended until their successors are elected and qualified in 2004. SECTION 700. COUNCILMEMBERS. TERM OF OFFICE. Except as otherwise provided in this Charter, the members of the Council shall hold office for a term of four (4) years from and after the first regular Council meeting following the adoption by the Council of the official canvass of their election at which time they shall be installed. Thereafter they shall hold office until their successors are elected and qualified. Tuesday following their election. The members of the Council in office at the time this Charter takes effect shall continue in office until the expiration of their terms or until their successors are elected and qualified. Three (3) Councilmembers shall be elected at the regular municipal election in 1963 and at each regular municipal election thereafter. A Mayor shall be elected at the regular municipal election in 1963 and at each alternate regular municipal election thereafter. If a tie vote makes it impossible to determine which of two (2) or more candidates has been elected, said tie shall be settled by the drawing of lots, the procedure for which shall be determined by the Council. Each member of the Council shall have the right to vote on all matters coming before the Council.

Each elective office shall be deemed a separate office to be filled at any election. The City Clerk shall designate each such elective office by an appropriate descriptive designation. No candidate shall file for more than one (1) elective office; and no incumbent member of the Council shall run for a seat other than that which the member holds, except that any incumbent member of the Council may run for the seat of Mayor, and an incumbent Mayor may run for the seat of Mayor or for any other seat on the Council. Such designation shall be used on all nomination papers, certificates of election and all election papers referring to the office. After election, the designation shall have no further significance except for the purpose of designating incumbency.