HomeMy WebLinkAboutResolution 4026 City Commission Notifying County Election Administrator to Conduct the 2007 Primary and General Election by Mail Ballat
COMMISSION RESOLUTION NO. 4026
A RESOLUTION OF THE BOZEMAN CITY COMMISSION NOTIFYING
THE GALLATIN COUNTY ELECTION ADMINISTRATOR OF THE
CITY'S DESIRE TO CONDUCT THE 2007 CITY PRIMARY (IF HELD)
AND GENERAL ELECTION BY MAIL BALLOT IN ACCORDANCE
WITH 13-19-202 MONTANA CODE ANNOTATED (MeA).
WHEREAS, voter turnout in Bozeman municipal elections has been low; and
WHEREAS, state 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 may hold a Primary Election on September 11,
2007, as required by 13-1-107 (2) MCA; and
WHEREAS, Section 13-14-115 (2)(a) MCA provides that the election
administrator of the political subdivision may determine that 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
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 primary election need not be held
pursuant to subsection (2)(a), the administrator shall give notice to the governing
body that a primary election will not be held; and
(ii)
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; and
WHEREAS, the City of Bozeman will hold a General Election on November 6,
2007, as required by 13-1-104 (2) MCA; and
WHEREAS, pursuant to 13-19-104 MCA, such elections ean 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 ofthe City and the electors thereof, and
pursuant to 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 of increasing voter participation in the municipal elections for
2007; and
WHEREAS, the Election Administrator will have at least four 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.
NOW THEREFORE BE IT RESOLVED that the City Commission of the City
of Bozeman hereby notifies the Gallatin County Election Administrator of the city's
desire to conduct the 2007 city primary (if held) and general election by mail ballot in
accordance with 13-19-202 Montana Code Annotated (MCA).
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 15 days before the election.
BE IT FURTHER RESOL VED THAT, except as provided in 13-19-204 MCA,
the decision to conduct an election under the provisions of 13-19-202 MCA is within the
sole discretion of the Election Administrator.
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 13-19-202 MCA.
BE IT FURTHER RESOLVED THAT within 5 days of receiving this request,
the Election Administrator shall respond to the Bozeman City Clerk in writing, state that
this request is either granted or denied for reasons specified. If granted, the Election
Administrator shall prepare a plan as provided in 13-19-205 MCA.
PASSED AND ADOPTED this 25th day of June 2007.
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ATTESt:" -
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BRIT FONTENOT
City Clerk
APPROVED AS TO FORM:
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