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Richard Pio Roda <br />Attorney at Law <br />415,421,3711 <br />MEMORANDUM <br />DATE: January 11, 2010 <br />T0: Marian Handa <br />City Clerk <br />City of San Leandro <br />FROM: Jayne W. Williams, City Attorney <br />Richard D. Pio Roda, Assistant City Attorney <br />RE: City Attorney Opinion -Instant Run-off Voting I Rank Choice Voting Procedure <br />Background <br />This is the City Attorney's opinion regarding the proposed instant run-off voting procedure, namely ranked <br />choice voting, for the City's November 2010 Mayor and City Council member elections. This <br />opinion consists of two levels of analysis: (1) the instant run-off voting procedure as a legal means of <br />determining which candidate receives fifty percent (50%) plus one of the votes cast for that office, as <br />required by the City Charter; and (2) the legitimacy of the proposed instant run-off voting <br />procedure counting method to determine the fifty percent (50%) plus one requirement, consistent with the <br />City Charter. <br />City Charter Analysis <br />City Charter Section 225(b) provides that the candidate receiving the highest number of votes for the <br />offices of Mayor and City Council Member shall be elected to such offices, provided that such candidate <br />receives at least fifty percent (50%) plus one of the votes cast for each such office. In the event that no <br />candidate for such elective office of the City receives at least fifty percent (50%) plus one of the votes cast <br />for that office, the City Council must provide for arun-off vote to determine the person elected. The City <br />Council must adopt an ordinance establishing arun-off system. The run-off system may include an instant <br />run-off voting system when such technology is available to the City. <br />Such technology is now available to the City, such that an instant run-off voting system may be adopted by <br />ordinance as the City's run-off system. <br />