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HomeMy WebLinkAboutResolutions 2025-25 - Notifying the Gallatin County Election Administrator of the City's Desire to Conduct the 2025 Elections by MailVersion February 2023 RESOLUTION 2025-25 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 2025 CITY PRIMARY (IF HELD) AND THE 2025 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’s 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 2023 general election by mail ballot with a return rate of 30.86% with the City paying for return postage paid; 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 WHEREAS, the 2025 municipal election includes the election of a Mayor, two Commissioners, and a City Judge; and WHEREAS, the City may hold a primary election on September 9, 2025 as required by 13- 1-107(2) MCA; and Docusign Envelope ID: 392BC24C-32FF-43F3-8DBE-64401042DF59 Version February 2023 WHEREAS, Section 13-14-115(2), MCA, provides: (2) (a) Except as provided in subsection (2)(b), 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) The election administrator may determine that a primary election for a nonpartisan county office need not be held if fewer than three candidates have filed for that office. (c) If the election administrator determines that a primary election must be held pursuant to subsection (2)(a) or (2)(b), the election administrator shall conduct the primary election only for the nonpartisan offices that have a sufficient number of candidates that have filed to be elected to that office. (d) If the election administrator determines that a primary election need not be held pursuant to subsection (2)(a), (2)(b), or (2)(c) for a 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 4, 2025, 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, 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 Gallatin 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 Docusign Envelope ID: 392BC24C-32FF-43F3-8DBE-64401042DF59 Version February 2023 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 2025; and WHEREAS, the City Commission has committed to funding the return postage costs on returned ballots; and WHEREAS, the Office of the County Election Administrator will serve as the place of deposit for ballots within the city limits. Electors who wish to mark their ballot in-person may do so at the Office of the County Election Administrator and deposit their ballot with the election officials at that location; and WHEREAS, the Election Administrator will have an ADA accessible voter interface device available for disabled electors to mark their ballot independently, privately, and securely at the Office of the County Election Administrator; 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 conduct the 2025 city primary (if held) and the 2025 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 Docusign Envelope ID: 392BC24C-32FF-43F3-8DBE-64401042DF59 Version February 2023 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. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 10th day of June 2025. ___________________________________ TERRY CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney Docusign Envelope ID: 392BC24C-32FF-43F3-8DBE-64401042DF59 Certificate Of Completion Envelope Id: 392BC24C-32FF-43F3-8DBE-64401042DF59 Status: Completed Subject: Complete with Docusign: G.11 Res 2025-25 Mail Ballots 2025.pdf Source Envelope: Document Pages: 4 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Mike Maas AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) Stamps: 1 PO Box 1230 Bozeman, MT 59771 Mmaas@bozeman.net IP Address: 208.94.236.100 Record Tracking Status: Original 6/10/2025 3:07:27 PM Holder: Mike Maas Mmaas@bozeman.net Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Bozeman Location: Docusign Signer Events Signature Timestamp Terry Cunningham tcunningham@bozeman.net Mayor City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 174.231.86.245 Signed using mobile Sent: 6/10/2025 6:30:07 PM Viewed: 6/10/2025 9:46:54 PM Signed: 6/10/2025 9:46:59 PM Electronic Record and Signature Disclosure: Accepted: 6/29/2021 4:59:06 PM ID: 47eea7cb-ba9e-4f63-bb08-c11196c7c534 Greg Sullivan gsullivan@bozeman.net Bozeman City Attorney City of Bozeman, Montana Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 208.94.236.112 Sent: 6/10/2025 9:47:00 PM Viewed: 6/11/2025 8:26:40 AM Signed: 6/11/2025 8:26:47 AM Electronic Record and Signature Disclosure: Accepted: 6/11/2025 8:26:40 AM ID: e811701c-2f1b-4809-a06e-3f033de2010f Mike Maas mmaas@bozeman.net City Clerk City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 208.94.236.100 Sent: 6/11/2025 8:26:49 AM Viewed: 6/11/2025 9:05:43 AM Signed: 6/11/2025 9:06:03 AM Electronic Record and Signature Disclosure: Accepted: 1/6/2020 4:08:14 PM ID: 79370d6f-72a4-4837-866f-9ec31f00062f In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/10/2025 6:30:07 PM Certified Delivered Security Checked 6/11/2025 9:05:43 AM Signing Complete Security Checked 6/11/2025 9:06:03 AM Completed Security Checked 6/11/2025 9:06:03 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure CONSUMER DISCLOSURE From time to time, City of Bozeman (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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