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Ranked Choice Voting (continued) 2 January 19, 2010 result in "additional City election costs." Whether an RCV election will result in "additional City election costs" will depend on whether Berkeley's share of RCV costs exceed the amount it would save from not holding runoff elections. It is anticipated that the Berkeley City Council will make a decision on RCV on either January 26 or February 9, 2010. Legal Issues A question was raised at the December 7, 2009 City Council meeting regarding whether the City was required to mail notification of the election date change, as specified in the State Election Code. A mailed notification to all registered voters is estimated to cost about $10,000. The City Attorney has determined that the Council has the authority, when it changes the City's General Municipal Election date, to also specify the method by which voters are notified of the change. The Council could opt for a less costly notification method, such as publishing ads in the local newspapers and on the City's website. Another question posed at the December 7~h meeting involved whether RCV meets the City Charter requirement that a successful candidate receive 50%+1 of the votes cast for that office. In the RCV ballot counting process, a ballot becomes "exhausted" when it has no more valid choices that can be distributed to a candidate still in the race. Due to the accumulation of exhausted ballots, the total number of votes received by the highest vote-getter at the end of the RCV counting process may be less than 50%+1 of the original ballots cast for the office. Section 225(b) of the San Leandro City Charter states: The candidate receiving the highest number of votes for the offices of Mayor and Council Members of the City shall be elected to such offices, provided that such candidate receives at least ftfty percent (50%) plus one of the votes cast for each such o~ce. In the event that no candidate for such elective office of the City receives at least fifty percent (50%) plus one of the votes cast for that office, the City Council shall provide for arun-off vote to determine the person elected. The Ciry Council shall adopt an ordinance establishing arun-off system. The run-off system may include mailed ballots, an instant run-off voting system when such technology is available to the City, or a special run-off election. The City Attorney has reviewed this question, and has issued an opinion regarding the proposed RCV system. The City Attorney has opined that "... it is possible that under a rank choice voting system the number of votes that the winning candidate receives maybe less than a majority of the number of actual voters who participated in the election. Such a result is consistent with and does not conflict with the City Charter because under a rank choice voting system, the winning candidate who receives a majority of "votes cast" for that office in a particular round (1, 2 or 3) will have received fifty percent (50%) plus one of the continuing ballots that contained the votes cast for that office." Election Cost Staff reported previously that the $350,000 RCV system cost would be divided proportionally among the three cities based on the number of registered voters in each city, and that San Leandro's share of cost would be 12% of the total amount, or approximately $42,000. The City's $42,000 share of the system cost and a preliminary estimate ofRCV-related costs from the