HomeMy WebLinkAboutResolution 5309 Notifying the Election Administrator of Mail Ballot and Return PostageVersion April 2020
RESOLUTION 5309
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 2021 CITY PRIMARY (IF HELD) AND
THE 2021 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 2019 general election by mail ballot with
a return rate of 40.02% 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 City may hold a primary election on September 14, 2021 as required by
13-1-107(2) MCA; and
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:
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(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 2, 2021, 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
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 2021; 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
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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 2021 city primary (if held) and the 2021 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
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.
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PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 25th day of May, 2021.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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