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LWV League of Women Voters of California Education Fund
Smart Voter
Alameda County, CA March 2, 2004 Election
Measure H
Runoff Elections Charter Amendment
City of Berkeley

Charter amendment - Majority approval required

17,792 / 55.0% Yes votes ...... 14,581 / 45.0% No votes

See Also: Index of all Measures

Results as of May 4 2:39pm, 100.0% of Precincts Reporting (80/80)
Information shown below: Fiscal Impact | Official Information | Impartial Analysis | Arguments | Full Text

Shall the Charter of the City of Berkeley be amended to require a runoff election for the offices of mayor, auditor, and councilmember only if the leading candidate for such office receives less than 40% of the votes; and delay the runoff to the following February, with the successful candidate assuming office in March?

Fiscal Impact from City Attorney:
The savings from avoiding a runoff election by lowering the vote threshold to 40% ranges between $100,000 for a runoff election in a council district, to $300,000 for a citywide runoff election for mayor or auditor. The cost savings from delaying any runoff election to February ranges between $50,000 for a council district runoff election to $150,000 for a citywide runoff election for mayor or auditor.

Official Sources of Information
Impartial Analysis from City Attorney
The proposed charter amendment would lower the vote threshold for triggering a runoff election to below 40%. Under current law, a runoff election is required if the candidate with the most votes for the offices of mayor, councilmember or auditor fails to receive at least 45% of the total votes cast for the office. Under the proposed amendment, a runoff election for these offices would only be triggered if the candidate with the most votes for the office fails to receive at least 40% of the votes cast for that office. The proposed charter amendment would make conforming changes to another section of the charter concerning the council's duty to certify election results. The charter amendment would also delay any runoff election from four weeks immediately after the November general municipal election, to the first Tuesday in February of the next year. The successful candidate in such a runoff would assume office on March 1 after the February runoff election.

  Nonpartisan Information

Written Pros & Cons from the League of Women Voters
Click on "Ballot Measure Pros & Cons" under the heading "Non- partisan information for Alameda County voters" Scroll down to page 4 of the document.
News and Analysis

Berkeley Daily Planet

Contra Costa Times Oakland Tribune
Suggest a link related to Measure H
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Arguments For Measure H
Measure H will prevent an election meltdown, save the City hundreds of thousands of dollars, and bring Berkeley into compliance with State law. 

Currently, if no candidate wins more than 45% of the vote in an election for mayor, auditor, or city council, the top two finishers must face each other in a runoff election only 28 days later. Measure H will fix the resulting problems by moving the runoff election to early February and reducing the threshold required to win outright to 40%. 

  • Measure H prevents an election meltdown. Under the current system, Berkeley must print and mail ballots for a runoff election only a few days after the general election + before final election results are known. In a close race, the City may put the wrong candidates on the runoff ballot or call an election that is not needed. Measure H will prevent this nightmare scenario by providing election officials time to make informed decisions.

  • Measure H saves the City money. Under the current system, Berkeley must spend up to $300,000 on election materials to prepare for a runoff election regardless of whether a runoff is even necessary. By moving the runoff to February and reducing the threshold to win to 40%, Measure H will save taxpayer dollars by eliminating preparations for unnecessary runoff elections and by reducing the total number of runoffs.

  • Measure H brings Berkeley into compliance with State election law. With only 28 days between the general election and the runoff, the City is in violation of State requirements for mailing election information to voters. Measure H will fix that problem and provide voters more time to learn about the issues and candidates before casting their ballots.

JOIN A UNANIMOUS CITY COUNCIL IN SUPPORTING MEASURE H

s/TOM BATES, Mayor

s/GORDON WOZNIAK, Councilmember

s/MAXWELL ANDERSON, Chair, Berkeley Rent Stabilization Board

s/DARRYL MOORE, Trustee, Peralta Community College District

s/JANE SCANTLEBURY, Librarian, SEIU 535 Berkeley Chapter

(No arguments against Measure H were submitted)

Full Text of Measure H
The People of the City of Berkeley hereby amend the Charter of the City of Berkeley to read as follows:

Section 1 - Votes to Trigger Runoff

Article V, Section 9, the fourteenth paragraph shall be amended to read as follows:

The candidate receiving the highest number of votes for the offices, respectively, of mayor, auditor, and councilmembers of the City shall be elected to such offices, provided that such candidate receives at least 40% of the votes cast for each such office.  In the event that no candidate for mayor, auditor, and councilmember for one or more council offices receives at least 40% of the votes cast for that office, then there shall be a runoff election between the two candidates receiving the most votes, which runoff election shall be held on the first Tuesday after the first Monday in February of the odd numbered year following the initial election.  No other issues shall appear on the ballot of any runoff election.  The successful candidate in any runoff election shall assume office on March 1, after the election results have been declared by the council.

Section 2 - Declaration of Results

Article III, Section 5(10) shall be amended to read as follows:

(10) Canvass of returns and declaration of results. The city council shall meet at its usual place of meeting as soon as practicable after the election, including any runoff election, to receive the certification of results prepared by the city clerk.  The city clerk shall canvass the results of the election in accordance with procedures established in the State of California Elections Code.  The persons having the number of votes required by this charter for each elective office shall be declared elected.  


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Created: May 4, 2004 14:40 PDT
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