Resolution No. 2022-25 | Calling the General Municipal Election | Adopted 05/16/2022RESOLUTION NO. 2022-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
CALLING A GENERAL MUNICIPAL ELECTION FOR MUNICIPAL
OFFICES, REQUESTING THE SANTA CLARA COUNTY BOARD OF
SUPERVISORS CONSOLIDATE WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD NOVEMBER 8, 2022 PURSUANT TO
CALIFORNIA ELECTIONS CODE SECTION 10403, AND REQUESTING
SERVICES OF THE REGISTRAR OF VOTERS
WHEREAS, § 1400 of the City Charter of the City of Gilroy provides that a general
municipal election shall be held on the regular election date established by the Elections Code of
the State of California for the statewide Election in each even-numbered year, commencing with
the year 2010, for the election of officers and for such other purpose as the City Council may
prescribe; and
WHEREAS, § 13307 of the California Election Code provides that the City may adopt
regulations pertaining to materials prepared by any candidate for a municipal election, including
costs of the candidate’s statement.
WHEREAS, it is desirable that the General Municipal Election be consolidated with the
Statewide General Election to be held on the same date, and that within the City that the election
be held in all respects as if there were only one election, and that the Santa Clara County Registrar
of Voters canvass the returns of the General Municipal Election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS
FOLLOWS:
Section 1. A General Municipal Election is hereby called in the City of Gilroy to be
held on Tuesday, November 8, 2022, for the purposes of election of three (3) Councilmembers, at
large, each for four (4) year full terms.
Section 2. Pursuant to § 13307 of the California Elections Code, each candidate for
elective office to be voted for in the City of Gilroy on November 8, 2022, may prepare a
candidate’s statement on an appropriate form provided by the City Clerk, as the City’s Election
Official, or her designee. The statement may include the name, age and occupation of the candidate
and a brief description of no more than 200 words of the candidate’s education and qualifications
expressed by the candidate himself or herself. The statement shall not include the party affiliation
of the candidate, nor membership or activity in partisan political organizations. Any candidate’s
statement submitted shall be limited to a recitation of the candidate’s own personal background
and qualifications, and shall not in any way make reference to other candidates for that office or
to another candidate’s qualifications, character, or activities.
Section 3. The candidate’s statement shall be filed in the office of the City Clerk when
the candidate’s nomination papers are returned for filing. Except as provided in California
Elections Code Section 13309, the statement may be withdrawn, but not changed, during the period
for filing nomination papers and until 5:00 p.m. of the next working day after the close of the
nomination period.
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Resolution No. 2022-XX
Calling for Election
City Council Regular Meeting | May 16, 2022
Page 2 of 3
Section 4. The candidate shall be required to pay for one half of the cost of printing
handling, and mailing said candidate’s statement, one half of the estimated costs to be paid at the
time of submittal of said candidate statement.
Section 5. No candidate will be permitted to include additional materials in the sample
ballot package, and the City Clerk or his designee shall provide each candidate or their
representative with a copy of this Resolution at the time nomination papers are issued.
Section 6. Pursuant to Elections Code Sections 10551 and 15651 and Gilroy City Charter
Section 402, if any two or more persons receive an equal and the highest number of votes for an office
to be voted for within the city, Council shall proceed to determine the election of such candidates by
lot.
Section 7. That pursuant to § 10522 of the Elections Code of the State of California, a
current map showing the City boundaries has been submitted to the Registrar of Voters.
Section 8. The City Council hereby requests, consents to and orders that the general
municipal election be consolidated with the other district or statewide elections to be held on
Tuesday, November 8, 2022, and that upon consolidation the election shall be held and conducted;
election officers appointed; ballots and elections guides printed and mailed; election supplies
provided; polls opened and closed; ballots opened and returned; return results canvassed and
certified to the City Clerk, and all other proceedings in connection with the election to be regulated
and completed by the Registrar of Voters of Santa Clara County.
Section 9. Said election shall be held in all respects as if there were only one election,
and only one form of ballot shall be used.
Section 10. Pursuant to California Elections Code § 10262 (b), the City Clerk, upon
receipt of the results of the consolidated election, shall certify the results to the City Council no
later than the next regularly scheduled meeting of the City Council following the presentation of
the returns, or at a special meeting called for this purpose, to declare the results and to install the
newly elected officers.
Section 11. Pursuant to California Elections Code § 10403, the Board of Supervisors of
the County of Santa Clara is hereby requested to consent and agree to the consolidation of a
General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022,
for the purposes of the election of Officers, and the City Clerk shall file with the Board of
Supervisors and the Santa Clara County Registrar of Voters, certified copies of this resolution at
least eighty-eight (88) days prior to the herein referenced General Municipal Election.
Section 12. Pursuant to the provisions of Elections Code § 10002, The Santa Clara
County Registrar of Voters is authorized to canvass the returns of the General Municipal Election.
The City of Gilroy recognizes that additional costs will be incurred by the County by rea son of
this consolidation and agrees to reimburse the County for any and all related costs of consolidation.
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Resolution No. 2022-XX
Calling for Election
City Council Regular Meeting | May 16, 2022
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Section 13. The City Council acknowledges that the consolidated election will be held
and conducted in accordance with the provisions of law regulating the Statewide General Election
in the manner prescribed in California Elections Code § 10418.
Section 14. The City shall reimburse the County for services performed when the work
is completed and upon presentation to the City of a properly approved bill.
Section 15. As required by California Elections Code § 12101 and 12102, the City
Clerk shall publish the notice of said election in the City no earlier than the 127th day before the
election, and no later than the 113th day before the election to fill offices.
Section 16. That the City Clerk is directed to forward without delay to the Board of
Supervisors and to the County Election Department, each a certified copy of this resolution.
Section 17. The City Clerk is directed to cause the notice of the election to be published
in accordance with the provisions of the California Elections Code. The notice of the General
Municipal Election provided for herein shall be published in a newspaper of general circulation
within the City of Gilroy.
PASSED AND ADOPTED on this 16th day of May 2022, by the following roll call vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, BRACCO, HILTON,
LEROE-MUÑOZ, MARQUES, TOVAR,
BLANKLEY
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
APPROVED:
Marie Blankley, Mayor
ATTEST:
___________________________________
Thai Nam Pham, City Clerk
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CERTIFICATE OF THE CLERK
I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2022-25 is an original resolution, or true and correct copy of a city Resolution,
duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council
held Monday, May 16, 2022, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this Monday, May 16, 2022.
____________________________________
Thai Nam Pham, CMC, CPMC
City Clerk of the City of Gilroy
(Seal)
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