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HomeMy WebLinkAbout05-08-17 City Commission Packet Materials - A1. Resolution 4791, Mail Ballot Election1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Robin Crough, City Clerk Anna Rosenberry, Assistant City Manager Chuck Winn, Assistant City Manager SUBJECT: Resolution No. 4791, Notifying the Gallatin County Election Administrator of the City’s Desire to Conduct the 2017 City Primary (if held) and the 2017 General Election by Mail Ballot, and Funding Postage Return Costs MEETING DATE: May 8, 2017 AGENDA ITEM TYPE: Action RECOMMENDATION: Consider a motion adopting Resolution No. 4791, notifying the Gallatin County Election Administrator of the City’s desire to conduct the 2017 city primary (if necessary) and the 2017 general election by mail ballot in accordance with Section 13-19-202 Montana Code Annotated, including funding for return postage costs, and direct the City Clerk to submit the Resolution to the Gallatin County Elections Office by June 19, 2017. RECOMMENDED MOTION: I move to adopt Resolution No. 4791, Notifying the Gallatin County Election Administrator of the City’s Desire to Conduct the 2017 City Primary (if held) and the 2017 General Election by Mail Ballot, and Funding Postage Return Costs. BACKGROUND: The 2017 municipal election includes the election of a Mayor and two Commissioners. Candidate filing opened on April 20, 2017 and runs through June 19, 2017. The issues for the City Commission’s consideration through this resolution are whether to conduct the primary and general elections by mail ballot and whether to pay return postage for the mail ballots. Primary Election: According to Charlotte Mills, Gallatin County Elections Administrator, a primary election will occur if seven (7) candidates file for the Commission seats OR four (4) candidates run for the Mayor’s seat. If this occurs, the primary election will be held September 12, 2017. The City will know by 5:00 PM on June 29, 2017 if a primary election is necessary. General Election: The general election will be held on November 7, 2017. Mail Ballot Elections In a mail ballot election, only active registered voters are mailed a ballot. This is according to Section 13-19-207, Montana Code Annotated. 13-19-207. When materials to be mailed. (1) Except as provided in 13-13-205(2) and subsection (2) of this section, for any election conducted by mail, ballots must be mailed no sooner than the 20th day and 62 2 no later than the 15th day before election day. (2) (a) All ballots mailed to electors on the active list and the provisionally registered list must be mailed the same day. (b) At any time before noon on the day before election day, a ballot may be mailed or, on request, provided in person at the election administrator's office to: (i) an elector on the inactive list after the elector reactivates the elector's registration as provided in 13-2-222; or (ii) an individual who registers under the late registration option provided for in 13-2-304. (c) An elector on the inactive list shall vote at the election administrator's office on election day if the elector reactivates the elector's registration after noon on the day before election day. (d) An elector who registers pursuant to 13-2-304 on election day or on the day before election day must receive the ballot and vote it at the election administrator's office. At this time there are 28,610 active registered voters. 69.52% of these voters are absentee, totaling 19,891 absentee voters in the City. The estimated cost for 2017 elections for a mail ballot: • $36,000 per election (primary/general) • $72,000 if both primary and general elections occur (These cost figures are based on 50% estimated return rate. The return rate in 2015 was 43.77%.) Return Mail Postage If the Commission decides to pay postage for the return of ballots, a business reply permit would be printed on the return envelope. The City would only pay postage for the voted ballots that come back. The costs to the City for this option include return postage costs as well as special envelopes printed by the County Elections Department. If the Commission chooses to pay the postage, the cost of the postage per returned ballot is $.51 for each returned envelope as opposed to a normal stamp which is currently $.49. The additional cost for paying return postage is approximately $7,300 per election. Ms. Mills stated that she recommends the City not pay the return postage because no other political subdivision in Gallatin County pays return postage on ballots. She added doing so does not have significant effect on voter turnout. The estimated cost for the 2017 elections with return postage paid by the City: • $43,300 per election (primary/general) • $86,600 if both primary and general elections occur (These cost figures are based on 50% estimated return rate. The return rate in 2015 was 43.77%.) 63 3 Polling Place Elections A polling place election is approximately twice as costly as a mail ballot. The number of ballots the County Election Department uses for a polling place election is larger than a mail ballot election. All the annual absentee voters are mailed a ballot but a larger number has to be used for a base to figure the number of ballots to be printed since there is no way to know how many voters will show up at the polls. In addition, the setup charges for a polling place election are higher. The estimated cost for the 2017 elections if conducted at a polling place: • $72,000 per election (primary/general) • $144,000 if both primary and general elections occur History of past 4 Elections 2015 General Election – The City opted to conduct the 2015 elections by mail ballot. Bozeman’s return rate with postage paid was 43.77%. The 2015 Ballot had the following positions for consideration: • Mayor Candidate • Commission Candidates • Municipal Judge 2013 General Election - The City opted to conduct the 2013 elections by mail ballot. Bozeman’s return rate with postage paid was 42%. The 2013 Ballot had the following positions for consideration: • Mayor Candidate • Commission Candidates 2011 General Election - The City opted to conduct the 2011 elections by mail ballot. Bozeman’s return rate with postage paid was 42%. The 2011 Ballot had the following positions for consideration: • Mayor Candidate • Commission Candidates • Municipal Judge 2009 General Election - The City opted to conduct the 2009 elections by mail ballot. Bozeman’s return rate with postage paid was 34.58%. The 2009 Ballot had the following positions for consideration: • Mayor Candidate • Commission Candidates Summary 64 4 If the City Commission opts to move forward with a mail ballot election for 2017, the City Clerk must submit a Resolution to the Gallatin County Election Administrator no later than June 19, 2017. FISCAL EFFECTS: The costs of the election will be included in the Fiscal Year 2018 City Manager Recommended budget. We will not know whether a primary will be necessary prior to final budget approval. Both elections, mail ballot with return postage paid, will be budgeted for. If a primary is not held, that budgeted amount will remain unspent. ALTERNATIVES: To not fund the return postage costs for a Mail Ballot election(s), or to conduct a polling place election(s). UNRESOLVED ISSUES: None. Attachments: • Resolution No. 4791 • Secretary of State 2017 Municipal Primary and General Election Calendar 65 Page 1 of 5 COMMISSION RESOLUTION NO. 4791 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, NOTIFYING THE GALLATIN COUNTY ELECTION ADMINISTRATOR OF THE CITY’S DESIRE TO CONDUCT THE 2017 CITY PRIMARY (IF HELD) AND THE 2017 GENERAL ELECTIONS BY MAIL BALLOT IN ACCORDANCE WITH SECTION 13-19-202, MONTANA CODE ANNOTATED, AND NOTIFICATION OF THE CITY’S COMMITMENT TO FUND THE RETURN POSTAGE COSTS. WHEREAS, voter turnout in Bozeman municipal elections has historically been low; and WHEREAS, Montana law provides a method for conducting mail ballot elections for local elections; and WHEREAS, mail ballot elections statistically increase voter turnout in elections; and WHEREAS, the City of Bozeman conducted the 2015 general election by mail ballot with a return rate with postage paid of 43.77%; and WHEREAS, the costs of conducting a mail ballot election are less than the costs of conducting a polling place election; and WHEREAS, mail ballot elections tend to increase voter participation, remove barriers that keep people from getting to the polls, gives people more time to study candidates and issues, and has built-in safeguards that increase the integrity of the election process; and 66 Resolution 4791, Notifying the Gallatin County Election Administrator of Mail Ballot Election and Funding Return Postage Page 2 of 5 WHEREAS, the City may hold a primary election on September 12, 2017 as required by 13-1-107(2) MCA; and WHEREAS, Section 13-14-115(2), MCA, provides: (a) The election administrator of a political subdivision may determine that a local nonpartisan portion of a primary election need not be held if: (i) the number of candidates for an office exceeds three times the number to be elected to that office in no more than one-half of the offices on the ballot; and (ii) the number of candidates in excess of three times the number to be elected is not more than one for any office on the ballot. (b) If the election administrator determines that a municipal primary election must be held pursuant to subsection (2)(a) of this section for a local nonpartisan office, the election administrator shall conduct the election only for the local nonpartisan offices that have candidates filed in excess of two times the number to be elected to that office. (c) If the election administrator determines that a primary election need not be held pursuant to subsection (2)(a) or (2)(b) for a local nonpartisan office, the administrator shall give notice to the governing body that a primary election will not be held for that office; and WHEREAS, Section 13-14-115(3), MCA, states a government body may require that a primary election be held if it passes a resolution not more than 10 days after the close of filing by candidates for election stating that a primary election must be held for that office; and WHEREAS, the City of Bozeman will hold a general election on November 7, 2017, as required by 13-1-104(2), MCA; and 67 Resolution 4791, Notifying the Gallatin County Election Administrator of Mail Ballot Election and Funding Return Postage Page 3 of 5 WHEREAS, pursuant to Section 13-19-104, MCA, such elections can be conducted by a mail ballot election, and the Gallatin County Election Administrator has determined that a mail ballot election conducted in accordance with the provisions of Title 13, Chapter 19, Parts 1-3, MCA, is in the best interests of the City and the electors thereof, and pursuant to Section 13-19- 202, MCA, the City of Bozeman may notify the County Election Administrator of its intent to conduct a mail ballot election; and WHEREAS, the Election Administrator shall prepare a written plan, including a timetable, for the conduct of the elections and shall submit it to the Secretary of State at least 60 days prior to the date set for the election in accordance with 13-19-205, MCA; and WHEREAS, an official ballot will be mailed to every qualified elector of the City of Bozeman, with the goal increasing voter participation in the municipal elections for 2017; and WHEREAS, the City Commission has committed to funding the return postage costs on returned ballots; and WHEREAS, the Election Administrator will have several drop-off sites within the city limits for electors who wish to mark their ballot at a polling site and deposit their ballot with the election judges at that polling site; and WHEREAS, the Election Administrator will have ADA accessible marking devices for the disabled to mark their ballot in privacy at the drop-off polling sites; and WHEREAS, for any election conducted by mail, ballots must be mailed no sooner than the 25th day and no later than the 15th day before Election Day and all ballots must be mailed the same day in accordance with 13-19-207, MCA; and WHEREAS, the City of Bozeman desires to reduce barriers for qualified electors in the election process to as few barriers as possible. 68 Resolution 4791, Notifying the Gallatin County Election Administrator of Mail Ballot Election and Funding Return Postage Page 4 of 5 NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana notifies the Gallatin County Election Administrator of the City’s desire to conduct the 2017 city primary (if held) and the 2017 general election by mail ballot in accordance with Section 13-19-202, MCA; and BE IT FURTHER RESOLVED THAT the City Commission of the City of Bozeman hereby notifies the Gallatin County Election Administrator that ballots should be mailed fifteen (15) days before the election; and BE IT FURTHER RESOLVED THAT except as provided in Section 13-19-204, MCA, the decision to conduct an election under the provisions of Section 13-19-202, MCA, is within the sole discretion of the Election Administrator; and BE IT FURTHER RESOLVED THAT the City Clerk is hereby directed to forward a certified copy of this resolution to the Gallatin County Election Administrator in accordance with the provisions of Section 13-19-202, MCA; and BE IT FURTHER RESOLVED THAT within five (5) days of receiving this request, the Election Administrator shall respond to the Bozeman City Clerk in writing stating that this request is either granted or denied for reasons specified. If granted, the Election Administrator shall prepare a plan as provided in Section 13-19-205, MCA; and BE IT FURTHER RESOLVED THAT the City Commission of the City of Bozeman hereby informs the Gallatin County Election Administrator that the City will be providing for funding of return postage. 69 Resolution 4791, Notifying the Gallatin County Election Administrator of Mail Ballot Election and Funding Return Postage Page 5 of 5 PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 8th day of May, 2017. ___________________________________ CARSON TAYLOR Mayor ATTEST: ________________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 70 Page 1 of 5 Montana 2017 Municipal Primary and General Election Calendar† Office of Montana Secretary of State Elections and Government Services Division sos.mt.gov  soselections@mt.gov †All dates and laws are subject to change by the 2017 Legislature. Deadline Statute April 20 First day for candidates to file for office 13-10-201(7) June 19 5:00 p.m. - Deadline for candidates to file for office 13-10-201 5:00 p.m. - Deadline for candidates to withdraw primary election candidacy 13-10-325 Within 5 days of filing for office Candidates file appropriate campaign paperwork with Commissioner of Political Practices in order for their names to appear on the ballot 13-37-201 After close of candidate filing Period for Commissioner of Political Practices to notify election administrators of the names of any candidates that have not complied with the provisions of MCA Title 13, Chapter 37 and therefore that the candidates' names may not appear on the official ballot 13-37-126(3) By June 29 Election administrators determine whether nonpartisan primary elections and parties' primary elections need to be held, then immediately notify governing body 13-10-209 13-14-115 June 29 Deadline for governing body to decide that a nonpartisan primary must be held, if election administrator determines that the election need not be held 13-14-115 If conducting a municipal primary election July 14 Deadline for Secretary of State to receive mail ballot plan, timetable and instructions from county election administrators planning to conduct municipal primary election(s) by mail ballot 13-19-205 Primary Election September 12 General Election November 7 2017 71 Page 2 of 5 Starting not earlier than July 17 Election administrators must publish notice specifying the day regular voter registration for primary election will close and the availability of late registration (three times in the four weeks preceding close of registration) 13-2-301(1)(b) August 8 (subject to change by 2017 Legislature) 5:00 p.m. - Deadline for write-in candidates to file a Declaration of Intent for the primary election 13-10-211(1) August 14 5:00 p.m. - Deadline for candidates to withdraw general election candidacy 13-10-327(2) Close of primary regular voter registration (registration forms postmarked by this date and received within 3 days are accepted for regular registration) 13-2-301 Beginning of period during which election administrators publicly test and certify that each voting machine used in an election is performing properly 13-17-212 August 15 Beginning of late registration 13-2-304 August 17 Registration forms postmarked by August 14 and received by this date are accepted for regular registration 13-2-301(3) August 18 (subject to change by 2017 Legislature) Date by which primary election absentee ballots must be available for voting; in a polling place election, electors on the absentee elector list are sent ballots automatically 13-13-205(1)(a) 13-13-212(4) Election administrators must send ballots to absent military and overseas electors as soon as the ballot is printed and by no later than this date 13-13-205 August 23-28 Period during which mail ballots are sent if conducting election by mail ballot; a single mailing date must be chosen that is 20-15 days before election 13-19-207(1) September 2 – September 10 Election administrators must publish: a diagram showing the voting system and a sample of the ballot layout, a statement of the locations where voting systems used by voters are on public exhibition, and instructions on how to vote 13-17-203 Election administrators must publish locations of the precinct polling places, including accessibility designations for each polling place 13-3-105(2) 13-3-207 September 8 Beginning of period for printing of primary election precinct register 13-2-116 After 5:00 p.m. - Beginning of period for qualified electors who are prevented from voting at the polls as a result of illness or health emergency, occurring between 5:00 p.m. of the Friday before the election and 8:00 p.m. on election day, to request to vote by special absentee ballot 13-13-211(2) 13-13-212(2) Deadline for Secretary of State to receive mail ballot plan, timetable and instructions from county election administrators planning to conduct municipal general election(s) by mail ballot 13-19-205 September 11 Noon - Deadline for application to be made for primary election absentee ballot 13-13-211(1) Noon - Absentee ballots are issued to late registrants up until this time on the day before election day; late registrants who submit a registration form after noon must return to the election office on election day to receive an absentee ballot 13-2-304 Election administrators may, at their option, conduct early preparation of absentee ballots as provided in statute and administrative rule 13-13-241 44.3.2204 ARM Starting not earlier than September 12 Election administrators must publish notice specifying the day regular voter registration for general election will close and the availability of late registration (three times in the four weeks preceding close of registration) 13-2-301 72 Page 3 of 5 September 12 MUNICIPAL PRIMARY NOMINATING ELECTION 13-1-107(2) Election administrators or designees must randomly test and certify 5% of each type of voting system (a minimum of one per county), to validate the accuracy of voted paper ballots with the voting system results 44.3.1713(1)(f) ARM 8:00 p.m. - End of late registration (or when all individuals in line at 8:00 p.m. have registered) 13-2-304 September 13-18 Period during which election administrators may open a package containing a precinct register to resolve provisional ballots 13-15-107 13-15-301(2) September 18 3:00 p.m. - Deadline for election administrators to receive Federal Write-In Absentee Ballots (FWABs) that were sent by absent military and overseas electors by 8:00 p.m. on election day 13-21-206 3:00 p.m. - Counting of provisional ballots that are not resolved by the end of election day may not begin prior to this date and time 13-15-107(6) By September 26 Canvass completed - Board declares nominated the individuals having received the highest number of votes cast for each office and proclaims adoption or rejection of ballot issues 13-15-401 13-15-405 Within 5 days of official canvass Deadline for candidates to initiate contest of primary election nomination 13-36-102(1) Deadline for unsuccessful primary election candidates to apply for a recount, if applicable 13-16-201 13-16-301 Within 10 days of official canvass Deadline for successful primary write-in nominees to file a written Declaration of Acceptance 13-10-204 October 3 (subject to change by 2017 Legislature) 5:00 p.m. - Deadline for write-in candidates to file a Declaration of Intent for the general election 13-10-211(1) October 10 Close of regular voter registration for general election (registration forms postmarked by this date and received within 3 days are accepted for regular registration) 13-2-301 Beginning of period during which election administrators publicly test and certify that each voting machine used in an election is performing properly 13-17-212 October 11 Beginning of late registration 13-2-304 October 13 (subject to change by 2017 Legislature) Date by which general election absentee ballots must be available for voting; in a polling place election, electors on the absentee elector list are sent ballots automatically 13-13-205(1)(a) 13-13-212(4) Election administrators must send ballots to absent military and overseas electors as soon as the ballot is printed and by no later than this date 13-13-205 Registration forms postmarked by October 10 and received by this date are accepted for regular registration 13-2-301(3) October 18-23 Period during which mail ballots are sent if conducting the election by mail ballot; a single mailing date must be chosen that is 20-15 days before election 13-19-207(1) October 28 - November 5 Election administrators must publish: a diagram showing the voting system and a sample of the ballot layout, a statement of the locations where voting systems to be used by voters are on public exhibition, and instructions on how to vote 13-17-203 Election administrators must publish locations of the precinct polling places, including accessibility designations for each polling place 13-3-105(2) 13-3-207 73 Page 4 of 5 November 3 Beginning of period for printing of general election precinct register 13-2-116 After 5:00 p.m. - Beginning of period for qualified electors who are prevented from voting at the polls as a result of illness or health emergency, occurring between 5:00 p.m. of the Friday before the election and 8:00 p.m. on election day, to request to vote by special absentee ballot 13-13-211(2) 13-13-212(2) November 6 Noon - Deadline for application to be made for absentee ballot 13-13-211(1) Noon - Absentee ballots are issued to late registrants up until this time on the day before election day; late registrants who submit a registration form after noon must return to the election office on election day to receive an absentee ballot 13-2-304 Election administrators may, at their option, conduct early preparation of absentee ballots as provided in statute and administrative rule 13-13-241 44.3.2204 ARM November 7 MUNICIPAL GENERAL ELECTION 13-1-104(3) Election administrators or designees must randomly test and certify 5% of each type of voting system (a minimum of one per county), to validate the accuracy of voted paper ballots with the voting system results 44.3.1713(1)(f) ARM 8:00 p.m. - End of late registration (or when all individuals in line at 8:00 p.m. have registered) 13-2-304 November 8-13 Period during which election administrators may open a package containing a precinct register to resolve provisional ballots 13-15-107 13-15-301(2) November 13 3:00 p.m. - Deadline for election administrators to receive Federal Write-In Absentee Ballots (FWABs) that were sent by absent military and overseas electors by 8:00 p.m. on election day 13-21-206 3:00 p.m. - Counting of provisional ballots that are not resolved by the end of election day may not begin prior to this date and time 13-15-107(6) After Election Period for Commissioner of Political Practices to certify to election administrators the names of all elected municipal candidates who complied with MCA Title 13, Chapter 37 so that certificates of election can be issued 13-37-126 By November 21 Canvass completed - Board declares elected the individuals having received the highest number of votes cast for each office and proclaims adoption or rejection of ballot issues 13-15-401 13-15-405 Within 5 days of official canvass Deadline for unsuccessful general election candidates to apply for a recount, if applicable 13-16-201 13-16-301 Within 10 days of official canvass Deadline for successful general election write-in candidates to file a written Declaration of Acceptance 13-15-111 74 Page 5 of 5 Montana 2017 Municipal Primary and General Election Calendar Office of Montana Secretary of State Elections and Government Services Division sos.mt.gov  soselections@mt.gov Election Information Subject to change by the 2017 Legislature My Voter Page Visit the Secretary of State’s webpage at sos.mt.gov for the following services on My Voter Page*:  Check your registration status  Find your polling place, including a map with directions to the polling place  Check the status of your absentee ballot, if applicable  See a sample ballot, when available *Some information on My Voter Page is available for statewide primary and general elections only. Filing for Office  Pursuant to 13-10-201, MCA, in a partisan election, an individual may not file a Declaration for Nomination or a Declaration of Intent for more than one political party.  A candidate may not file for more than one public office. (This does not include precinct committee candidates, if applicable).  Individuals cannot file for nonpartisan offices as independent candidates or as political party candidates. Late Registration  An elector may register or change the elector's voter registration information after the close of regular registration by appearing at the county election office or designated location before the close of polls on election day.  Late registration closes temporarily at noon the day before election day, and reopens at 7 a.m. on election day.  Absent military and overseas electors are eligible for late registration (and can register and vote electronically for statewide primary and general elections held during each even year via the Secretary of State’s Electronic Absentee System). See http://www.sos.mt.gov/elections/Military_Overseas for more information. Polling Places  According to 13-1-106, MCA, polls must open from 7:00 a.m. to 8:00 p.m., except that polling places having fewer than 400 registered electors must be open from at least noon to 8:00 p.m. (or until all registered electors in any precinct have voted).  Contact your county election office for your polling place location and hours. ID for Voting  All voters must present ID when voting at the polling place.  ID can be any current photo ID with the voter’s name, or if photo ID is not available, a current utility bill, bank statement, paycheck, notice of confirmation of voter registration, government check or other government document that shows the voter’s name and current address. Provisional Ballots  Electors whose eligibility or identity cannot be determined are allowed to vote a provisional ballot.  Proof of registration or required identification must be provided to the county election office by 5:00 p.m. the day after the election, or mailed to the county election office by the day after the election.  Pursuant to 13-15-107, MCA, counting of provisional ballots that are not resolved by the end of election day may not begin prior to 3:00 p.m. the sixth day after the election.  Election officials shall notify each elector who cast a provisional ballot, by the most expedient means possi ble, whether or not the elector's ballot was counted, and the reason(s) why or why not. Voter Info Contact the Election Administrator at your county election office. Contact the Secretary of State at soselections@mt.gov or at 1-888-884-8683 (VOTE). Last updated January 12, 2017 75