UPDATE: Letter from the Gilroy City Clerk 082522
Official Letter from the Gilroy City Clerk 081622 (Exhibit A is included at the end of the letter)
UPDATE: August 25, 2022
On August 18, 2022, I, the Gilroy City Clerk and Election Official, released a letter to the community titled, “re: Estimated Cost of Potential Recall Election.” Upon release of this letter, we received several inquiries about the estimated cost of a possible Mail Ballot election as opposed to the Vote Center and Mail Ballot election estimate shown in the August 7 correspondence. As shown in the email correspondence shared with the August 18 letter, the Santa Clara County Registrar of Voters (SCCROV) didn’t provide sufficient detail to determine which estimates were for a Mail Ballot and which were for a Vote Center and Mail Ballot, nor did they provide an updated figure for the Mail Ballot option. On August 22, 2022, the Gilroy City Clerk once again contacted the SCCROV to request a clarification on these numbers.
On August 23, 2022, the SCCROV responded to the Gilroy City Clerk with the following numbers:
- A standalone Mail Ballot election is estimated to cost: $497,388 - $808,256
- A standalone Vote Center and Mail Ballot election is estimated to cost: $1,243,274 - $2,020,320.
While the SCCROV may provide numbers for estimated costs for an election, whether or not a special election is eligible for a Mail Ballot is determined by the California Elections Code (https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=elec).
It is the opinion of the Election Official and the City Attorney that a Mail Ballot is not an option for a recall election in Gilroy per the California Elections Code, as noted below.
- Section 1404 of the Gilroy Charter states that recall of municipal officers shall be governed by the California Elections Code.
- Elections Code Section 11328 states, “A recall election shall be conducted, canvassed, and the results declared in substantially the manner provided by law for a regular election for the office.” Regular elections for the office of a Council Member in the City of Gilroy are conducted by a Vote Center and Mail Ballot, and thus any recall election would be held to the same standard.
- Section 11328 aside, Code Sections 4000 and 4004 provide two different paths by which a city election may possibly qualify for a Mail Ballot. Section 4000 addresses conditions for local, special, or consolidated elections. Section 4004 addresses elections to fill Council vacancies. A recall election in Gilroy would not qualify for a Mail Ballot under either of these sections for the following reasons:
- To qualify for a Mail Ballot under Section 4000, the election must satisfy one of the eight requirements listed under Section 4000(c)(1) through 4000(c)(8). A recall election in Gilroy does not satisfy any of the eight requirements listed under Code Section 4000(c).
- To qualify for a Mail Ballot under Section 4004, the election must be a special election to fill a vacancy in the legislative body or governing body. Section 4004(c)(2). A recall election in Gilroy is not a special election to fill a vacancy in the City Council, so the recall does not satisfy condition 4004(c)(2). Accordingly, it cannot be held as a Mail Ballot election.
Sincerely,
Thai Nam Pham, CMC, CPMC
City Clerk / Elections Official, City of Gilroy
* * *
August 18, 2022
Re: Estimated Cost of Potential Recall Election
Over the last few days, the City Clerk’s Office has received inquiries concerning the costs of a potential Gilroy City Council Member recall election. The Clerk’s Office does not generate election cost estimates; it must rely on the Santa Clara County Registrar of Voters (SCCROV) to provide estimates based on whether the election is a Special Election or part of the November General Election.
Some community members have made accusations that the variation of cost estimates for a potential Council Member recall election are an attempt by the City Clerk and the City of Gilroy to influence the merits or possible outcomes of a potential election. The City Clerk’s office is built on transparency, impartiality, and public trust, and is responsible for complying with California State Election Code and local ordinances. Therefore, to alleviate any concerns about the involvement of the Clerk’s Office in determining the election cost, my office is releasing the email correspondence between myself and the SCCROV.
Beginning in January 2022, my office began correspondence with the SCCROV regarding the estimated cost of a potential recall election. The following timeline, supported by correspondence shown in Exhibit A, provides an outline of the estimated costs as I received them from the SCCROV.
January 13, 2022
The Gilroy City Clerk contacted the SCCROV to request an estimate for the costs of a Councilmember recall in (1) a standalone election and (2) a consolidated election for both the June Primary and November General election.
March 1, 2022
SCCROV responded to the Gilroy City Clerk with estimated costs of:
(1) $497,388 - $808,256 for a standalone election,
(2) $107,384 for a consolidated election held during the June 2022 Primary Election, and
(3) $35,882 for a consolidated election held during the November 2022 General Election
May 12, 2022
The SCCROV notified the Gilroy City Clerk that the Santa Clara County Board of Supervisors would likely adopt an ordinance amending the Countywide Fee Schedule, which would include an update to the charges for SCCROV services. The revised Fee Schedule was officially adopted on June 7, 2022.
July 13, 2022
Based on the May 12, 2022, notice from the SCCROV of a revised Fee Schedule, the Gilroy City Clerk requested a revised estimate from the SCCROV.
August 7, 2022
The SCCROV responded to the Gilroy City Clerk with the revised estimate of $1,243,274 - $2,020,320 for a standalone recall election. An estimate for a consolidated election held during the November 2022 General Election was not included as the date for qualifying for the November General Election, July 6, 2022, had passed.
Sincerely,
Thai Nam Pham, CMC, CPMC
City Clerk / Elections Official, City of Gilroy
Exhibit A is contained at the conclusion of the letter linked here.