HomeMy WebLinkAboutResolution 5038 Notifying the Election Administrator of Conducting the 2019 Elections via Mail Ballot, and Paying Return Costs RESOLUTION NO. 5038
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 2019 CITY PRIMARY (IF HELD) AND
THE 2019 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 2017 general election by mail ballot with
a return rate with postage paid of 32.67%; 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 fiom 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
WHEREAS,the City may hold a primary election on September 10, 2019 as required by
13-1-107(2) MCA; and
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Resolution 5038,Notifying the Gallatin County Election Administrator of Mail Ballot Election and Funding Return Postage
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 governing 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 5, 2019, as
required by 13-1-104(3), MCA; and
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,
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Resolution 5038,Notifying the Gallatin County Election Administrator of Mail Ballot Election and Funding Return Postage
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 2019; 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 20th 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.
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
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Resolution 5038,Notifying the Gallatin County Election Adminish•ator of Mail Ballot Election and Fending Return Postage
conduct the 2019 city primary(if held) and the 2019 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.
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Resolution 5038,Notifying the Gallatin County Election Administrator of Mail Ballot Election and Funding Return Postage
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 13th day of May, 2019.
THA A R
Mayor
ATTEST: 0� B QZ
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ROBIN CROUGH * • rr'—' `=" •
City Clerk '9•• � AV
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G LLIVAN
City ,orney
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