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HomeMy WebLinkAboutApprove Resolution No. 4164 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Greg Sullivan, City Attorney Chris A. Kukulski, City Manager SUBJECT: Resolution No. 4164, notifying the Gallatin County Election Administrator of the City’s desire to conduct the 2009 City Primary (If held) and the 2009 General Election by Mail Ballot in accordance with Section 13-19-202, MCA. MEETING DATE: April 27, 2009 RECOMMENDATION: Based on the successful returns from the mail ballot election for the primary and general elections in 2007, it is staff’s recommendation that the Commission approve Resolution No. 4164, notifying the Gallatin County Election Administrator of the City’s desire to conduct the 2009 City Primary (If held) and the 2009 General Election by Mail Ballot in accordance with Section 13-19-202, MCA. Except for incidental return postage charges, this Resolution does not include the City providing prepaid postage costs. BACKGROUND: At the April 6th, 2009 Regular City Commission Meeting, Charlotte Mills, the Gallatin County Elections Administrator, presented the City Commission with information pertaining to the upcoming elections. Ms. Mills informed the Commission that the City of Bozeman’s mail ballot election for the primary and general elections in 2007 were successful in that the voter turnout for both elections was higher than in previous years reaching 44.7% for the general election. Cr. Krauss spoke regarding the prepaid postage costs and wondered if this would double the costs. Ms. Mills stated that with a business reply (not using a stamp) we would only pay for what comes back. Ms. Mills explained that they have not done prepaid postage with any of the mail ballots since 2005 and still are maintaining a return rate of between 40-55%. Discussion took place regarding what would trigger a primary election. Ms. Mills stated that there are two Commission Seats up for election, and if eight people file for the position it would require the City to conduct a primary election. Ms. Mills stated that there is one Mayor seat up for election, and if five people file for the position it would require the City to conduct a primary election for that seat. Ms. Mills stated that if the City is interested in a mail ballot election, she must receive a Resolution from the City by July 2, 2009. ALTERNATIVES: As suggested by the City Commission. UNRESOLVED ISSUES: None. 44 FISCAL EFFECTS: The costs of the election will be included in the FY10 CM Recommended Budget, according to Ms. Mill’s estimate of $37,000 per election. We will know whether a primary is held prior to final budget approval, and will budget accordingly. Ms. Mills estimated the business-reply, prepaid postage costs at an additional $5,000 for each election. Attachments: Resolution No. 4164 45 COMMISSION RESOLUTION NO. 4164 A RESOLUTION OF THE BOZEMAN CITY COMMISSION NOTIFYING THE GALLATIN COUNTY ELECTION ADMINISTRATOR OF THE CITY’S DESIRE TO CONDUCT THE 2009 CITY PRIMARY (IF HELD) AND THE 2009 GENERAL ELECTION BY MAIL BALLOT IN ACCORDANCE WITH SECTION 13-19-202, MCA. 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, on April 6, 2009, Charlotte Mills, the Gallatin County Elections Administrator, informed the Commission that the City of Bozeman’s mail ballot election for the primary and general elections in 2007 were successful in that the voter turnout for both elections was higher than in previous years reaching 44.7% for the general election; and WHEREAS, Charlotte Mills also informed the Commission that the costs of conducting a mail ballot are always going to be less than the costs of conducting a polling place election; and WHEREAS, Charlotte Mills also informed the Commission that in her opinion 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 46 WHEREAS, the City may hold a Primary Election on September 15, 2009, as required by 13-1-107 (2) MCA; and WHEREAS, Section 13-14-115 (2), MCA, provides: (a) 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 (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 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 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 3, 2009, as required by 13-1-104 (2) 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 47 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 of increasing voter participation in the municipal elections for 2009; and WHEREAS, the Election Administrator will have at 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. 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 2009 city primary (if held) and the 2009 general election by mail ballot in accordance with Sect. 13-19-202, MCA. 48 BE IT FURTHER RESOLVED THAT, the City Commission of the City of Bozeman hereby informs the Gallatin County Election Administrator the City will not be providing for or funding return postage for this mail ballot election except for incidental return postage charged to the Election Administrator and as a result the return postage will be the responsibility of individual voters. 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 RESOLVED THAT, except as provided in Sect. 13-19-204, MCA, the decision to conduct an election under the provisions of Sect. 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 Sect. 13-19-202, MCA. 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, state that this request is either granted or denied for reasons specified. If granted, the Election Administrator shall prepare a plan as provided in Sect. 13-19-205, MCA. PASSED AND ADOPTED this 27th day of April, 2009. ______________________________ KAAREN JACOBSEN Mayor 49 ATTEST: ______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ______________________________ GREG SULLIVAN City Attorney 50