HomeMy WebLinkAboutResolution 4164 2009 Mail Ballot
COMMISSION RESOLUTION N0.4164
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 Apri16, 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
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
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 25t" day and no later than the 15t" 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 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.
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.
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.
PASSED AND ADOPTED this 27th day of April, 2009.
~^-~.-
KAAREN JACO ON
Mayor
ATT-ESA;
S AC MEN, CMC
City C
APPROVED AS TO FORM:
rG SULLIVAN
Attorney