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Stanislaus County, CA November 2, 2010 Election
Measure J
Charter Amendment Related to Run-off
City of Modesto

Majority Approval Required

Pass: 28,007 / 63.68% Yes votes ...... 15,972 / 36.32% No votes

See Also: Index of all Measures

Results as of Nov 18 4:21pm, 100.0% of Precincts Reporting (142/142)
Information shown below: Fiscal Impact | Impartial Analysis | Arguments | Full Text

Shall Section 300 of the Modesto City Charter be amended to eliminate run-off elections for Council districts and continue,if necessary,run-off elections for the position of Mayor, to be held on the first Tuesday in February of each even numbered year, commencing with the year 2012 and delete irrelevant dates?

Fiscal Impact from the City Attorney:
This amendment would eliminate election costs of $150,000 - $300,000 in years when there is no Mayoral election.

This measure will pass with a majority of the valid votes cast.

Impartial Analysis from the City Attorney
This measure is a proposed amendment to Section 300 of the City Charter that would (1) eliminate run-off elections for the office of City Council, (2) change the date of any necessary run-off elections for the office of Mayor only from the second Tuesday of December of odd numbered years to the first Tuesday in February of even numbered years commencing with the year 2012, and (3) would delete expired, inoperative and irrelevant historical dates currently in that Section.

Section 300 of the Charter currently provides that if no candidate for any elected office of the City (City Council members or Mayor) receives a majority of the votes cast in a regular municipal election held in November of odd-numbered years, a second municipal election (run-off election) is to be held in December of the same year (approximately one month later and before certified results can be received from the Stanislaus County Elections Office), and that the two candidates receiving the highest number of votes in the first election will have their names placed on the ballot for the run-off election.

This amendment would eliminate the run-off elections for offices of City Council members but would not eliminate and would continue to require run-off elections, if necessary, for the office of Mayor. The proposed amendment would also change the date of any necessary run-off elections for the office of Mayor from December to February. The change to February provides sufficient time for the official certification of the first election results prior to the deadline for printing the run-off election ballots, thus eliminating the chance under the current Charter language that the run-off election would need to be cancelled due to printing the wrong name(s) on the run-off election ballot. The change to February also provides sufficient time for mail ballots to be sent out and returned within the standard election time frame according to the California Elections Code, instead of the shortened voting time available under the current Charter language.

In addition, the current Section 300 of the Charter has historical dates that have expired and are no longer operative and therefore are irrelevant. The proposed amendment would delete from Section 300 the expired, inoperative and irrelevant dates.

The above statement is an impartial analysis of the proposed charter amendment. If you desire a copy of the proposed charter amendment, please call the elections official's office at (209) 577-5396 and a copy will be mailed at no cost to you.

City Attorney
/s/ Susana Alcala Wood

  Official Information

N.B. This is not an official version of the measure. For the official wording contact the Registrar of Voters or the district sponsoring the measure.
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Arguments For Measure J Arguments Against Measure J
The current Charter language for run-off elections is flawed and needs to be changed to prevent failed elections. The current November primary and December run-off dates do not allow sufficient time to certify election results and conduct a run-off election. Measure J will simplify Modesto's new by-district City Council elections by removing expensive and low-turnout run-off elections, while preventing rushed and/or cancelled Mayoral run- off elections by moving its date from December to February.

On April 13, 2010, the Modesto City Council appointed a committee of Modesto residents to review the election run-off provisions in the City's Charter. The committee was asked to evaluate all options to correct the election scheduling problem. Run-off elections were added to the Charter in 1985. Recent elections revealed problems that need to be corrected, problems that led to a failed election in 2001 and an unresolved dispute over the legal definition of a "vote" in 2005.

The 7 member committee and 2 alternates held 6 public meetings to consider a wide range of options. The committee concluded unanimously that the current election schedule, where elections are held each odd- numbered year in conjunction with Modesto City School District, serves the City well. They also concluded unanimously that by-district Council elections allow for greater voter contact with candidates, eliminating the need for expensive run-off elections for Council.

The position of Mayor is still elected City-wide and, the committee concluded the Mayoral election should require a run-off election provision. To ensure a smooth process, the committee recommends moving the run-off election date to February.

The proposed changes will provide for a sound and fair process to elect future Mayors and Councilmembers. We ask that you vote YES on Measure J.

/s/ Paul Baxter, Chair, City of Modesto Run-Off Election Ad Hoc Committee
/s/ Kenni Friedman, Former Councilmember, City of Modesto
/s/ Hugh Rose III, Co-Chair, City of Modesto Run-Off Election Ad Hoc Committee
/s/ Jim Ridenour, Mayor, City of Modesto
/s/ Kristin Olsen, Councilmember, City of Modesto

Rebuttal to Arguments For
Ensure your district councilmember is elected by a ma-jority vote.

Vote No on Measure J.

/s/ David M. Lopez, Vice Mayor

By taking away run-offs from Modesto's elections, the fairness, effectiveness, and potential of the elections will be taken away. Run-offs ensure that the two candidates with the most votes in the first round of an election get a chance to further demonstrate to the voters why they will hold the office in a way that the voters see fit. With run-offs in elections, the winning official must gain fifty percent of the votes plus one, while without run-offs, a candidate could be voted to office with much less than the majority of votes. Taking run-offs away will also eliminate any chance for the citizens of Modesto to see if the current voting system, which has only been in place for two years, will be able to reach its full potential. For those who would say that run-offs cost too much money, I would say that the same may be true of a candidate who is elected to office with anything less than the majority of the votes. As with any law or policy, there are both pros and cons to this one. I believe, however, that the cons massively outweigh the pros in this instance. You as the citizens of modesto are vital to the greatness of our city, our neighborhoods and our homes. Vote no on Measure J.

/s/ David M. Lopez, Vice Mayor

Rebuttal to Arguments Against
Measure J makes Modesto elections better and corrects a flawed system. In every election, Modesto asks voters to learn about the candidates and thoughtfully cast our vote. With our new Council districts, candidates only have to cover a few neighborhoods, not the entire City. Now Candidates can knock on every door and talk to every voter. And voters only have to learn about the few candidates from their neighborhood, not from the 10 or 20 running in the entire City.

Runoff elections suited Modesto when all candidates ran citywide, when it was hard to learn the details about every candidate. Runoffs allowed voters to make a preliminary decision on a candidate in November and then focus on the final two in December. With districts, now voters can make their best choice in November. Measure J retains the runoff for Mayoral elections, since those remain citywide.

Runoff elections cost money, and often have low turnout. Is it better to get 51% of 1,000 voters in the runoff or 40% of 4,000 voters in November? Measure J says 1,600 votes in November are more significant than 501 votes in the runoff -- and Measure J lets Modesto save up to $170,000 per election.

Runoff campaigns are also expensive for candidates. Runoff elections increase the cost of campaigns and make candidates more reliant on big-money donors. Let's keep control with the voters in our neighborhoods, not in the hands of rich donors. Save money and improve elections. Vote YES on Measure J.

/s/ Paul Baxter, Chair, City of Modesto Run-Off Election Ad Hoc Committee
/s/ Kenni Friedman, Former Councilmember, City of Modesto
/s/ Hugh Rose III, Co-Chair, City of Modesto Run-Off Election Ad Hoc Committee
/s/ Jim Ridenour, Mayor, City of Modesto
/s/ Joe Muratore, Councilmember, City of Modesto

Full Text of Measure J

EXHIBIT A

Section 300 of the City of Modesto Charter is proposed to be amended to read as follows (with text in strike out indicating deletion and underline text indicating addition)

SECTION 300. REGULAR MUNICIPAL ELECTIONS

Regular Municipal Elections for the election of officers and for such other purposes as the Council may prescribe shall be held biennially on the first Tuesday after the first Monday in March of each off-numbered year until the year 1983. Thereafter they shall be held biennially on the first Tuesday after the first Monday in November of each odd-numbered year commencing with the year 1985.

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 Mayor for 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 Tuesday in December of each odd-numbered year commencing with the year 1987. a second regular municipal election shall be held for said office on the first Tuesday in February of each even-numbered year commencing with the year 2012. At said second regular municipal election, the two (2) candidates for the elective office of Mayor 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.


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