PURPOSE:

The purpose of this report is to request Council approval of an ordinance ordering a Primary Nominating Election to be held on Tuesday, February 22, 2005 and a General Election to be held on April 12, 2005.

BACKGROUND:

The Charter and the Burbank Municipal Code (Chapter 11 - Elections) state that the City Council shall, by ordinance, order the holding of all Municipal Elections, specifying the object and time of holding any such election. The Primary Nominating Election is to be held on the last Tuesday in February and the General Election is to be held on the second Tuesday in April. 

For the 2005 Municipal Elections, the Primary Nominating Election will be conducted on February 22, 2005, and will nominate or elect candidates for terms of four years for three offices for Member of the City Council, two offices for Member of the Board of Education, one office for City Clerk and one office for City Treasurer.  The General Municipal Election will be conducted on April 12, 2005, and will, if necessary, elect to the offices of Member of the Council, Member of the Board of Education, City Clerk and City Treasurer, the candidates nominated at the Primary Nominating Election.

ANALYSIS:

Section 11-303 of the Burbank Municipal Code states that any candidate for the office of City Clerk or City Treasurer who, in a primary nominating election, receives a majority of the votes cast for all the candidates for nomination to such office shall be elected to office.  For the office of Council Member or Member of the Board of Education, any candidate who in a primary nominating election receives the votes of more than one‑half (1/2) of the qualified electors voting at such election shall be elected to such office. If a candidate is elected to office in a primary nominating election, the Council shall declare his or her election and his or her name shall be omitted from the ballot to be used at the ensuing general election.

In the event no candidate receives more than one-half of the votes cast (for more than one office) a General Election will be required. Therefore, should no candidates for the three City Council offices receive more than one-half of the votes cast in the Primary Nominating Election, the six candidates (twice the number of offices to be filled) receiving the highest number of votes will be on the General Election ballot.  Additionally, should no candidates for the two Board of Education offices receive more than one-half of the votes cast in the Primary Nominating Election, the four candidates receiving the highest number of votes will be placed on the General Election ballot. Likewise, should no candidate for the City Clerk or City Treasurer office receive more than a majority of the votes cast for the office in the Primary Nominating Election, the two candidates receiving the highest number of votes for each office will be on the General Election ballot.

All Municipal Elections shall be conducted and held in substantial accordance with the City Charter, Burbank Election Code and laws of the State Election Code.

RECOMMENDATION:

It is recommended that the Council introduce and adopt the proposed ordinance ordering the 2005 Municipal Elections.

Respectfully submitted,

Margarita Campos

City Clerk

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