Albany Municipal Code § 7-1 General Provisions and Definitions

[Ord. No. 2020-07, 11-3-2020]

Enacted pursuant to Section 5.01 of the Albany City Charter (the "City Charter"), this chapter provides the manner by which members ("members") of the Albany City Council shall be elected. Specifically, Ranked Choice Voting shall be used for electing members, at large, during each general municipal election, beginning with the November 8, 2022, general municipal election. Ranked Choice Voting shall also be used for electing members, at large, during any special election called after November 8, 2022.

[Ord. No. 2020-07, 11-3-2020]

This chapter establishes procedures to be used in Ranked Choice Voting elections, and shall be liberally construed to give effect to its purposes. This chapter may not be amended or repealed, unless:

a. A majority of voters vote to do so at a general municipal election, provided that the ballot measure was placed on the ballot by way of:

1. Initiative petition; or

2. The affirmative vote of at least four members of the five-member City Council, irrespective of any absences, recusals, or vacancies at the time of such vote; or

b. The City Council votes to do so by the affirmative vote of at least four members of the five-member City Council, irrespective of any absences, recusals, or vacancies at the time of such vote.

[Ord. No. 2020-07, 11-3-2020]

Ranked Choice Voting is a method that allows voters to rank candidates for elected office in order of preference. Elections conducted by Ranked Choice Voting shall be used for single-seat and multi-seat elections. Elections conducted by Ranked Choice Voting are tabulated in rounds, as specified in this chapter.

[Ord. No. 2020-07, 11-3-2020]

For purposes of this chapter, the following terms have the following meanings:

CITY CLERK

The City Clerk of the City of Albany, or his or her designee.

CONTINUING CANDIDATE

A candidate who has not yet been designated as elected or defeated.

ELECTION THRESHOLD

The number of votes sufficient for a candidate to be elected in a multi-seat contest. The election threshold equals the total votes counted for candidates in the first round of tabulation, divided by the sum of one plus the number of seats to be filled, then adding one, disregarding any fractions. Expressed as a formula, the election threshold = [(Total votes cast)/(Seats to be elected+1)] + 1, with any fraction disregarded.

EXHAUSTED BALLOT

A ballot with a ranking marked for at least one candidate but that does not contain a ranking for any continuing candidate, making the ballot unable to be transferred to another continuing candidate.

EXHAUSTED BY OVERVOTE

An instance in which a voter has ranked more than one candidate at the same ranking.

HIGHEST RANKED CONTINUING CANDIDATE

The continuing candidate on a voter's ballot with the lowest numerical ranking.

MULTI-SEAT ELECTION

An election in which two or more candidates can be designated as elected in a single contest to fill multiple seats in the same publicly elected office. This may also be referred to as a multi-winner election.

RANKING

The number assigned to a candidate by a voter that establishes the order in which that voter's ballot is transferred at the transfer value to that candidate during tabulation.

SEAT

An elected position occupied by one person, one or more of which form a publicly elected office.

SINGLE-SEAT ELECTION

An election in which only one continuing candidate can be designated as elected in the contest. This may also be referred to as a single-winner election.

SKIPPED RANKING

A voter has left a ranking order unassigned but ranks a candidate at a subsequent ranking order.

SPECIAL ELECTION

Any election that may be called to fill vacancies or unexpired terms pursuant to the City Charter.

SURPLUS FRACTION

A number equal to the quotient of the difference between an elected candidate's vote total and the election threshold, divided by the candidate's vote total [or, expressed as a formula, (V-T)/V, in which "V" is the elected candidate's vote total and "T" is the election threshold], rounded down to four decimal places.

TRANSFER VALUE

The proportion of a vote that a ballot will contribute to its highest-ranked continuing candidate. If a ballot contributes to the election of a candidate, it receives a new transfer value pursuant to subparagraph 3 of paragraph a of Subsection 7-3.6.

[Ord. No. 2020-07, 11-3-2020]

a. If a ballot contains a skipped ranking, the ballot shall be transferred to the highest-ranked continuing candidate. Just as one example, suppose that a ballot contains rankings for a voter's second choice, third choice, and fourth choice (i.e., the voter skipped his or her first-choice ranking). Assuming that the voter's second choice is a continuing candidate, the ballot shall be transferred to the voter's second choice.

b. If a ballot contains an overvote, it shall count as an exhausted ballot when the overvote is reached.

[Ord. No. 2020-07, 11-3-2020]

There shall be no nomination of candidates and no write-in candidates to succeed any member who is the subject of a recall petition. If a member is recalled, his or her successor shall be determined pursuant to the procedures set forth to fill vacancies under the City Charter.

[Ord. No. 2020-07, 11-3-2020]

Any special election called for the same date as a general municipal election must be consolidated with the general municipal election. If they are not consolidated with a general municipal election, two or more special elections to elect members must themselves be consolidated, provided that those special elections have been called for the same date.

[Ord. No. 2020-07, 11-3-2020]

All consolidated elections of members will be combined into one multi-seat election. Any longer terms to be filled shall be awarded to the candidates who are first to be declared or designated as elected, and any shorter terms shall be awarded to the candidates who are last to be declared or designated as elected.

[Ord. No. 2020-07, 11-3-2020]

If any special election is not consolidated pursuant to Subsection 7-1.8, it shall be held using Ranked Choice Voting in a single-seat election, on the date of the next regularly established election to be held throughout the City of Albany at least 114 days from the call of the special election.

[Added 7-20-2026 by Ord. No. 2026-04]

a. General Municipal Election: If, by the 88th day, during normal business hours as posted, before the day fixed for the general municipal election, or the 83rd day before the general municipal election, during normal business hours as posted, if an incumbent fails to file or files but then withdraws pursuant to Section 10225, any of the following occur:

1. The number of persons who have been nominated to run for full term four-year City Council offices does not exceed the number of full term four-year City Council offices to be filled at that election and there are no two-year "short term" City Council offices scheduled to be elected at that same election; or

2. Both full term four-year City Council offices and one or two two-year "short term" City Council office(s) is/are scheduled to be elected for that general municipal election and the number of persons who have been nominated to run does not exceed the number of full-term four-year City Council offices scheduled to be elected for that election;

The City Clerk shall submit a certificate of these facts to the City Council and inform the City Council that it may, at a regular or special meeting held not later than 75 days before the municipal election, adopt one of the courses of action identified in subsection (c).

3. Notwithstanding the above, this alternative procedure shall not apply if both full term four-year City Council offices and two-year "short term" City Council offices are being elected at the same general municipal election and the number of nominees is equal to the total number of full-term City Council offices plus at least one two-year "short-term" City Council office scheduled to be elected for that election. In such case, the election shall proceed pursuant to Subsection 7-1.8.

b. Posting of Notice: If either subsection (a) or (b) applies, the City Clerk shall post a notice of the facts described in this section and the courses of action available under subsection (c). Posting shall be made in at least three conspicuous locations within the City, as designated by the City Clerk. After the fifth day following the date of posting, the City Council may make the appointment(s) or direct an election to nonetheless be held pursuant to subsection (c).

c. Appointment: If either subsection (a) or (b) applies, the City Council shall adopt one of the following courses of action:

1. Appoint to the office(s) the person(s) who has been nominated. If the appointment is made under subsection (a)(1) or (a)(2), the appointment(s) shall be to a four-year full City Council term.

2. Appoint to the office an eligible elector if no one has been nominated to an office.

3. Do not appoint and hold the election.

If the City Council makes appointments to fill all open City Council offices, the City Council shall forthwith cancel the ranked choice voting election for City Councilmembers, although the election with respect to any ballot measures shall proceed in accordance with applicable law.

d. The person appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office.

e. Notwithstanding California Elections Code Section 10403, if, by the 75th day before the municipal election, no person has been appointed to office pursuant to subsection (a), the election shall nonetheless be held and write-in candidates shall be eligible to run for City Council offices as provided by law.

f. Notwithstanding California Elections Code Section 10229(b), qualified persons may be appointed to City Council offices and the ranked choice voting election for City Council offices cancelled as set forth in subsection (c), even if one or more City ballot measures have qualified and are to be submitted to the voters at that municipal election. If this is the case, the municipal election shall proceed with respect to the ballot measures only.

g. Notwithstanding California Elections Code Chapter 1 (commencing with Section 8600) of Part 3 of Division 8, or any other provision of the law to the contrary, if the City Council makes an appointment pursuant to subsection (c) and cancels the election for City Council offices, the City Clerk shall not accept for filing any statement of write-in candidacy that is submitted after the appointment is made.