TO: AC Transit Board of Directors
FROM: Linda A. Nemeroff, District Secretary
SUBJECT: Review of Board Policy 140
ACTION ITEM
RECOMMENDED ACTION(S):
Title
Consider review of Board Policy 140 - Candidates Statement of Qualification Costs with no recommended amendments.
Staff Contact:
Linda Nemeroff, Board Administrative Officer/District Secretary
Body
STRATEGIC IMPORTANCE:
The act of amending this policy has no strategic importance.
BUDGETARY/FISCAL IMPACT:
Except for the deposit paid by candidates, the District pays the entire cost to typeset, translate, print, bind and mail printed candidates’ statements that appear in the voter guide or pamphlet. It is difficult to estimate costs at this time without knowing 1) the number of candidates; and 2) which candidates will want to submit a candidate statement. For reference, in 2024, the Ward 6 race was the only race on ballot. The total cost to the District to typeset, translate, print, bind and mail the candidate’s statements was $10,590 and total deposits received from the three candidates was $2,250. Assuming that there will be five contests on the November 2026 ballot, the cost could increase significantly for the upcoming election cycle. There is no cost to the District if one or more individuals run unopposed.
BACKGROUND/RATIONALE:
The Board is required to review Board Policy 140 biennially, in non-election years. Among other things, this policy sets forth the fees that will be charged to candidates running for elective office on the AC Transit Board of Directors associated with the publication of a candidate’s statement.
On December 13, 2023, the Board adopted an ordinance to transition away from at-large elections in favor of a seven-ward District. Since at-large seats will not be on the ballot going forward and because the size of each of the wards is smaller (with fewer registered voters), the Board decided in January 2024 to reduce the deposit candidates must pay for a candidate statement to $750. The fees that are currently charged by other special districts have not changed since the last review of the policy and are shown below in Table 1. These are flat fees applicable to all candidates who file a candidate’s statement.
Table 1:
|
Agency |
Payment |
Fee |
|
BART |
Candidate pays deposit; district pays the balance |
$ 750 |
|
East Bay MUD |
Candidate pays deposit; district pays the balance |
$1,000 |
|
East Bay Regional Park District |
Candidate pays deposit; district pays the balance |
$1,000 |
Since the District bears responsibility for the majority of the costs to typeset, translate, print, bind and mail candidates’ statements, staff recommends candidates continue to be responsible for a deposit to offset some of these costs. Staff believes that the current policy is fair, reasonable and does not pose a barrier to those wishing to run for elective office.
ADVANTAGES/DISADVANTAGES:
While a printed candidate statement is beneficial to candidates who wish to have one published in the voter guide or pamphlet, the District continues to pay the majority of the cost for an optional statement and must do so despite its current financial situation.
ALTERNATIVES ANALYSIS:
Staff considered recommending an increase in the candidate statement deposit to $1,000. However, given that the lower amount helps reduce barriers to entry and promotes greater competition in District elections, staff chose not to propose an increase at this time. If the Board wishes to pursue a change, it may direct staff to return at the next meeting with a resolution to adjust the deposit amount.
PRIOR RELEVANT BOARD ACTION/POLICIES:
Board Policy 140: Candidates’ Statement of Qualifications Costs/Resolution No. 17-045
ATTACHMENTS:
1. Board Policy 140: Candidates’ Statement of Qualifications Costs/Resolution No. 24-001
Prepared by:
Linda A. Nemeroff, Board Administrative Officer/District Secretary
Approved/Reviewed by:
Linda A. Nemeroff, Board Administrative Officer/District Secretary
Aimee L. Steele, General Counsel/Chief Litigation Officer
Chris Andrichak, Chief Financial Officer