HomeMy WebLinkAboutA2. Resolution 4597 Elections1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Stacy Ulmen, City Clerk
Chris Kukulski, City Manager
SUBJECT: Decision on Resolution No. 4597 notifying the Gallatin County Election Administrator of the City’s desire to conduct the 2015 City Primary (if held) and the 2015 General Election by mail ballot and decision of funding
Postage Return Costs.
MEETING DATE: May 4, 2015
AGENDA ITEM TYPE: Action
RECOMMENDATION: Consider a motion approving Resolution No. 4597 notifying the
Gallatin County Election Administrator of the City’s desire to conduct the 2015 City Primary (if
necessary) and the 2015 General election by mail ballot in accordance with Section 13-19-202
Montana Code Annotated, including funding for return postage costs, and direct the City Clerk to
submit the Resolution to the Gallatin County Elections Office by July 1, 2015. (See red text in Resolution)
RECOMMENDED MOTION: I move to approve Resolution No. 4597 authorizing the Gallatin
County Election Administrator to conduct the 2015 Primary (if necessary) and General Elections
by mail ballot and pay for the costs of return postage for all mail ballots.
BACKGROUND: The 2015 City Elections include the election of a Mayor, one
Commissioner as well as a City Judge. Candidate filing opened on May 4, 2015 and runs
through July 2, 2015. The issues for the City Commission’s consideration through this resolution
are whether to conduct the primary and general elections by mail ballot and whether to pay return postage for the mail ballots.
Primary Election: According to Charlotte Mills, Gallatin County Elections Administrator, a
primary election will occur if 4 candidates file for any two positions on the ballot. If this occurs,
the primary election will be held September 15, 2015. The City will know by 5 p.m. on July 2, 2015 if a primary election is necessary.
General Election: The general election will be held on November 3, 2015.
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Mail Ballot Elections In a mail ballot election, only active registered voters are mailed a ballot. This is according to Section 13-19-207, Montana Code Annotated.
13-19-207. When materials to be mailed. (1) Except as provided in subsection (2), 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. (2) (a) All ballots mailed to electors on the active list and
provisionally registered list must be mailed the same day.
At this time there are 23,030 active registered voters with an estimated 12,764 absentee voters
(increasing daily) in the City. 55.4% of the active voters in Bozeman vote absentee.
The estimated cost for 2015 primary and general election for a mail ballot: $36,000 per Election. A grand total of $72,000 if both primary and general elections occur.
(These cost figures are based on 50% estimated return rate)
Return Mail Postage If the Commission decides to pay postage for the return of ballots, according to Ms. Mills, a
business reply permit would be printed on the return envelope. The City would only pay postage
for the voted ballots that come back.
The costs to the City for postage paid return are higher than putting a stamp on an envelope. The County Elections Department has to print special envelopes with the postage paid so the cost of
return signature envelopes is higher. If the Commission chooses to pay the postage, the cost of
the postage per returned ballot is $.55-.74 (depends on weight of envelope) for each returned
envelope as opposed to a normal stamp which is currently $.49.
Ms. Mills stated that she recommends the City not pay the return postage because no other
political subdivision in Gallatin County pays return postage on ballots. She added doing so does
not have much effect on voter turnout.
With postage paid by the City, the cost of each election (primary and general) would be increased by about $6,800.
(This increase based on a $.55 postage cost and an estimated 50% return rate.)
Polling Place Elections According to Ms. Mills, a polling place election is at least twice as costly as a mail ballot. The
number of voters the County Election Department uses for a polling place election is larger than
a mail ballot election. All the annual absentee voters are mailed a ballot but a larger number has
to be used for a base to figure the number of ballots to be printed because there is no way to
know how many voters will show up at the polls. In addition, the setup charges for a polling place election are higher.
The estimated cost for a 2015 primary and general election if conducted at polling place:
Approximately $72,000 per Election
A grand total of $144,000 if both primary and general elections occur. (These figures based on a 50% estimated return rate.)
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History of past 3 Elections
2013 General Election- The City opted to conduct the 2013 elections by mail ballot. Bozeman’s
return rate with postage paid was 39.4% The 2013 Ballot had the following items for consideration:
• Mayor Candidate
• Commission Candidates
2011 General Election- The City opted to conduct the 2011 elections by mail ballot. Bozeman’s
return rate with postage paid was 42%
The 2011 Ballot had the following items for consideration:
• Mayor Candidate
• Commission Candidates
• Municipal Judge
2009 General Election- The City opted to conduct the 2009 elections by mail ballot. Bozeman’s
return rate with postage paid was 34.58%
The 2009 Ballot had the following items for consideration:
• Mayor Candidate
• Commission Candidates
Summary If the City Commission opts to move forward with a mail ballot election for 2015, the City Clerk
must submit a Resolution by no later than July 1, 2015 to the Gallatin County Elections office.
FISCAL EFFECTS: The costs of the election will be included in the Fiscal Year 2015 City
Manager Recommended budget. We will know whether a primary is held prior to final budget
approval, and will budget accordingly.
ALTERNATIVES: To not fund the return postage costs for a Mail Ballot election.
UNRESOLVED ISSUES: None.
Attachments:
• Resolution No. 4597
• Secretary of State 2015 Municipal Primary and General Election Calendar
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Page 1 of 4
COMMISSION RESOLUTION NO. 4597
A RESOLUTION OF THE BOZEMAN CITY COMMISSION NOTIFYING
THE GALLATIN COUNTY ELECTION ADMINISTRATOR OF THE CITY'S DESIRE TO CONDUCT THE 2015 CITY PRIMARY (IF HELD) AND
THE 2015 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 2013 General Election by Mail Ballot with a
return rate with postage paid of 39.4%.
WHEREAS, the Gallatin County Elections Administrator Charlotte Mills 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, 2015 a required by 13-1-107
(2) MCA; and
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Commission Resolution No. 4597, 2015 City Election Process Notification to Gallatin County Elections Administrator
Page 2 of 4
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; and
(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, 2015, as
required by 13-1-104 (2) MCA; and
WHEREAS, pursuant to Section 13-19-104, MCA, such elections can b 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
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Commission Resolution No. 4597, 2015 City Election Process Notification to Gallatin County Elections Administrator
Page 3 of 4
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 2015; and
WHEREAS, the City Commission has committed to funding the return postage costs on
returned ballots; 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.; 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 2013 city
primary (if held) and the 2015 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.
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Commission Resolution No. 4597, 2015 City Election Process Notification to Gallatin County Elections Administrator
Page 4 of 4
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 Administration in accordance with the
provisions of Sect. 13-1.9-202, 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 stating 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 4th day of May, 2015.
________________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
________________________________________
STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
________________________________________
GREG SULLIVAN
City Attorney
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Montana 2015 Municipal Primary and General Election Calendar*†
Secretary of State Linda McCulloch
Elections and Government Services Division
sos.mt.gov soselections@mt.gov
*Other local jurisdictions may be required to hold an election in the odd year, including but not limited to local sewer districts.
†All dates and laws are subject to change by the 2015 Legislature.
Deadline Statute
May 4 First day for candidates to file for office 13-10-201(7)
July 2 5:00 p.m. - Deadline for candidates to file for office 13-10-201
5:00 p.m. - Deadline for candidates to withdraw primary election candidacy 13-10-325
Within 5 days of
filing for office
Candidates must file appropriate paperwork with Commissioner of Political
Practices in order for their names to appear on the ballot
13-37-201
After July 2 Election administrators determine whether nonpartisan primary election and
parties' primary elections need to be held; then notify governing body
13-10-209
13-14-115
July 3 – July 10 Period for election administrators to certify to Commissioner of Political Practices
the names of all municipal candidates who have complied with MCA Title 13,
Chapter 37
13-37-126(1)
13-37-225
July 10
Deadline for Commissioner of Political Practices to notify election administrators
that candidates have not complied with the provisions of MCA Title 13, Chapter 37
and that the candidates' names should not appear on the official ballot
13-37-126(3)
Deadline for governing body to decide that a nonpartisan primary must be held, if
election administrator determines that the election need not be held
13-14-115
If conducting a municipal primary election
July 17 Deadline for Secretary of State to receive mail ballot plan, timetable and
instructions from county election administrators planning to conduct municipal
primary election(s) by mail ballot
13-19-205
Starting not earlier
than
July 17
Election administrators must publish or broadcast notice specifying the day regular
voter registration for primary election will close and the availability of late
registration (three times in the four weeks preceding close of registration)
13-2-301(1)(b)
Primary Election September 15 General Election November 3
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August 10 5:00 p.m. - Deadline for candidates to withdraw general election candidacy 13-10-325
August 17
5:00 p.m. - Deadline for write-in candidates to file a Declaration of Intent for the
primary election, except in mail ballot elections (see also August 20)
13-10-211(1)
Close of primary regular voter registration (registration forms postmarked by this
date and received within 3 days are accepted for regular registration)
13-2-301
Beginning of period during which election administrators publicly test and certify
that each type of voting system used in an election is performing properly
13-17-212
August 18 Beginning of late registration 13-2-304
August 20 5:00 p.m. - Deadline for write-in candidates in mail ballot elections to file a
Declaration of Intent for the primary election (see also August 17)
13-10-211(3)
Registration forms postmarked by August 17 and received by this date are
accepted for regular registration
13-2-301
August 26 Date by which primary election absentee ballots must be available for voting;
electors on the annual absentee elector list are sent ballots automatically
13-13-205(1)(b)
13-13-212(4)
Election administrators must send ballots to absent military and overseas electors
as soon as the ballot is printed and by no later than this date
13-13-205
September 4 Deadline for Secretary of State to receive mail ballot plan, timetable and
instructions from county election administrators planning to conduct municipal
general election(s) by mail ballot
13-19-205
September 5 –
September 13
Election administrators must publish: a diagram showing the voting system and a
sample of the ballot layout a statement of the locations where voting systems used
by voters are on public exhibition, and instructions on how to vote
13-17-203
Election administrators must publish locations of the precinct polling places,
including accessibility designations for each polling place
13-3-105(2)
13-3-207
Starting not earlier
than
September 7
Election administrators must publish notice specifying the day regular voter
registration will close and the availability of late registration (three times in the
four weeks preceding close of registration)
13-2-301
September 11 Beginning of period for printing of primary election precinct register 13-2-116
After 5:00 p.m. - Beginning of period for qualified electors who are prevented from
voting at the polls as a result of illness or health emergency, occurring between
5:00 p.m. of the Friday before the election and 8 p.m. on election day, to request
to vote by special absentee ballot
13-13-211(2)
13-13-212(2)
September 14 Noon - Deadline for application to be made for absentee ballot 13-13-211(1)
Noon - Absentee ballots are issued to late registrants up until this time on the day
before election day; late registrants who submit a registration form after noon
must return to the election office on election day to receive an absentee ballot
13-2-304
Election Administrators may, at their option, conduct early preparation of absentee
ballots as provided in statute and administrative rule
13-13-241
44.3.2204 ARM
September 15 MUNICIPAL PRIMARY NOMINATING ELECTION 13-1-107(2)
Election administrators or designees must randomly test and certify 5% of each
type of voting system (a minimum of one per county), to validate the accuracy of
voted paper ballots with the voting system results
44.3.1713(1)(f)
ARM
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Period for qualified electors who are prevented from voting at the polls as a result
of illness or health emergency, occurring between 5:00 p.m. of the Friday before
the election and close of polls on election day, to request to vote by absentee
ballot
13-13-211(2)
13-13-212(2)
8:00 p.m. - End of late registration (or when all individuals in line at 8:00 p.m. have
registered)
13-2-304
September
15-21
Period during which election administrators may open a package containing a
precinct register to resolve provisional ballots
13-15-107
13-15-301(2)
September 21 3:00 p.m. - Counting of provisional ballots that are not resolved by the end of
election day may not begin prior to this date and time
13-15-107(6)
3:00 p.m. - Deadline for election administrators to receive Federal Write-In
Absentee Ballots (FWABs) that were sent by absent military and overseas electors
by 8:00 p.m. on election day
13-21-206
By September 29
Canvass completed - Board declares nominated the individuals having received the
highest number of votes cast for each office and proclaims adoption or rejection of
ballot issues
13-15-401
13-15-405
Within 5 days of
official canvass
Deadline for candidates to initiate contest of primary election nomination 13-36-102(1)
Deadline for unsuccessful primary election candidates to apply for a recount, if
applicable
13-16-201
13-16-301
Within 10 days of
official canvass
Deadline for successful primary write-in nominees to file a written Declaration of
Acceptance
13-10-204
October 5
Close of regular voter registration (registration forms postmarked by this date and
received within 3 days are accepted for regular registration)
13-2-301
Beginning of period during which election administrators publicly test and certify
that each type of voting system used in an election is performing properly
13-17-212
5:00 p.m. - Deadline for write-in candidates to file a Declaration of Intent for the
general election, except in mail ballot elections (see also October 8)
13-10-211(1)
October 6 Beginning of late registration 13-2-304
October 8 5:00 p.m. - Deadline for write-in candidates in mail ballot elections to file a
Declaration of Intent for the general election (see also October 5)
13-10-211(3)
Registration forms postmarked by October 5 and received by this date are
accepted for regular registration
13-2-301
October 14 Date by which general election absentee ballots must be available for voting;
electors on the annual absentee elector list are sent ballots automatically
13-13-205(1)(b)
13-13-212(4)
Election administrators must send ballots to absent military and overseas electors
as soon as the ballot is printed and by no later than this date
13-13-205
October 24 -
November 1
Election administrators must publish: a diagram showing the voting system and a
sample of the ballot layout, a statement of the locations where voting systems to
be used by voters are on public exhibition, and instructions on how to vote
13-17-203
Election administrators must publish locations of the precinct polling places,
including accessibility designations for each polling place
13-3-105(2)
13-3-207
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October 30
Beginning of period for printing of general election precinct register 13-2-116
After 5:00 p.m. - Beginning of period for qualified electors who are prevented from
voting at the polls as a result of illness or health emergency, occurring between
5:00 p.m. of the Friday before the election and 8 p.m. on election day, to request
to vote by special absentee ballot
13-13-211(2)
13-13-212(2)
November 2 Noon - Deadline for application to be made for absentee ballot 13-13-211(1)
Noon - Absentee ballots are issued to late registrants up until this time on the day
before election day; late registrants who submit a registration form after noon
must return to the election office on election day to receive an absentee ballot
13-2-304
Election Administrators may, at their option, conduct early preparation of absentee
ballots as provided in statute and administrative rule
13-13-241
44.3.2204 ARM
November 3
MUNICIPAL GENERAL ELECTION 13-1-104(2)
Election administrators or designees must randomly test and certify 5% of each
type of voting system (a minimum of one per county), to validate the accuracy of
voted paper ballots with the voting system results
44.3.1713(1)(f)
ARM
Period for qualified electors who are prevented from voting at the polls as a result
of illness or health emergency, occurring between 5:00 p.m. of the Friday before
the election and close of polls on election day, to request to vote by absentee
ballot
13-13-211(2)
13-13-212(2)
8:00 p.m. - End of late registration (or when all individuals in line at 8:00 p.m. have
registered)
13-2-304
November 3 – 9 Period during which election administrators may open a package containing a
precinct register to resolve provisional ballots
13-15-107
13-15-301(2)
November 9
3:00 p.m. - Counting of provisional ballots that are not resolved by the end of
election day may not begin prior to this date and time
13-15-107(6)
3:00 p.m. - Deadline for election administrators to receive Federal Write-In
Absentee Ballots (FWABs) that were sent by absent military and overseas electors
by 8 p.m. on election day
13-21-206
Starting November
10
Period for election administrators to certify to the Commissioner of Political
Practices the names of all elected municipal candidates who have complied with
MCA Title 13, Chapter 37 by properly filing all required statements/ reports with
their county election administrators
13-37-127(1)
Period for Commissioner of Political Practices to certify to election administrators
the names of all elected municipal candidates who complied with MCA Title 13,
Chapter 37 so certificates of election can be issued
13-37-127
By November 17 Canvass completed - Board declares elected the individuals having received the
highest number of votes cast for each office and proclaims adoption or rejection of
ballot issues
13-15-401
13-15-405
Within 5 days of
official canvass
Deadline for unsuccessful general election candidates to apply for a recount, if
applicable
13-16-201
13-16-301
Within 10 days of
official canvass
Deadline for successful general election write-in candidates to file a written
Declaration of Acceptance
13-15-111
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2015 Municipal Primary and General Election Calendar
Montana Secretary of State Linda McCulloch
Elections and Government Services
sos.mt.gov soselections@mt.gov
Election Information
My Voter Page
Visit the Secretary of State’s webpage at sos.mt.gov for the following services on My Voter Page*:
Check your registration status
Find your polling place, including a map with directions to the polling place
Check the status of your absentee ballot, if applicable
See a sample ballot, when available
*Some information on My Voter Page is available for statewide primary and general elections only.
Filing for Office
Pursuant to 13-10-201, MCA, in a partisan election, an individual may not file a Declaration for Nomination or a
Declaration of Intent for more than one political party.
A candidate may not file for more than one public office. (This does not include precinct committee candidates, if
applicable).
Individuals cannot file for nonpartisan offices as independent candidates or as political party candidates.
Late Registration
An elector may register or change the elector's voter registration information after the close of regular registration by
appearing at the county election office or designated location before the close of polls on election day.
Late registration closes temporarily at noon the day before election day, and reopens at 7 a.m. on election day.
Absent military and overseas electors are eligible for late registration (and can register and vote electronically for
statewide primary and general elections held during each even year via the Secretary of State’s Electronic Absentee
System). See http://www.sos.mt.gov/elections/Military_Overseas for more information.
Polling Places
According to 13-1-106, MCA, polls must open from 7 a.m. to 8 p.m., except that polling places having fewer than 400
registered electors must be open from at least noon to 8 p.m. (or until all registered electors in any precinct have
voted).
Contact your county election office for your polling place location and hours.
ID for Voting
All voters must present ID when voting at the polling place.
ID can be any current photo ID with the voter’s name, or if photo ID is not available, a current utility bill, bank
statement, paycheck, notice of confirmation of voter registration, government check or other government document
that shows the voter’s name and current address.
Provisional Ballots
Electors whose eligibility or identity cannot be determined are allowed to vote a provisional ballot.
Proof of registration or required identification must be provided to the county election office by 5:00 p.m. the day after
the election, or mailed to the county election office by the day after the election.
Pursuant to 13-15-107, MCA, counting of provisional ballots that are not resolved by the end of election day may not
begin prior to 3:00 p.m. the sixth day after the election.
Election officials shall notify each elector who cast a provisional ballot, by the most expedient means possible, whether
or not the elector's ballot was counted, and the reason(s) why or why not.
Voter Info
Contact the Election Administrator at your county election office. Contact the Secretary of State at soselections@mt.gov or at
1-888-884-8683 (VOTE).
Last updated February 9, 2015
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