HomeMy WebLinkAboutResolution No. R23-42RESOLUTION NO. R23-42
A RESOLUTION OF THE CITY COUNCIL NOTIFYING THE YELLOWSTONE
COUNTY ELECTION ADMINISTRATOR OF THE CITY OF LAUREL'S DESIRE
TO CONDUCT THE 2023 CITY PRIMARY (IF HELD) AND THE 2023 GENERAL
ELECTIONS BY MAIL -IN BALLOT IN ACCORDANCE WITH MONT. CODE ANN.
§ 13-19-202.
WHEREAS, voter turnout in City of Laurel elections has historically been low; and
WHEREAS, Montana law provides a method for conducting mail -in ballot elections
for local elections; and
WHEREAS, mail -in ballot elections statistically increase voter turnout in elections; and
WHEREAS, the Yellowstone County Election Administrator, K. V. "Ginger" Aldrich,
informed the City that the costs of conducting a mail -in ballot are always going to be less than
the costs of conducting a polling place election; and
WHEREAS, mail -in ballot elections remove barriers that keep people from getting to
the polls, give people more time to study candidates and issues, and have built-in safeguards
that increase the integrity of the election process; and
WHEREAS, the City may hold a Primary Election on September 12, 2023, as required
by Mont. Code Ann. § 13-1-104(2); and
WHEREAS, Mont. Code Ann. § 13-14-115(2) provides that:
(a) The election administrator of the political subdivision may determine that a local
nonpartisan portion of 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) 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 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.
R23-42 Notify County of Desire to Conduct 2023 Primary and General Elections by Mail -In Ballot
(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, Mont. Code Ann. § 13-14-115(3) 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 Laurel will hold a General Election on November 7, 2023, as
required by Mont. Code Ann. § 13-1-104(3); and
WHEREAS, the City of Laurel's General Election will include the election of several
City Council Members, as well as an Emergency Response Services Mill Levy; and
WHEREAS, pursuant to Mont. Code Ann. § 13-19-104, such elections can be
conducted by a mail -in ballot election and the Yellowstone County Election Administrator has
determined that a mail -in 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 Mont. Code Ann. § 13-19-202, the City of Laurel may notify the Yellowstone
County Election Administrator of its intent to conduct a mail -in 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 Mont. Code Ann. § 13-19-205;
and
WHEREAS, pursuant to Mont. Code Ann. § 13-1-302, all costs of the regularly
scheduled primary and general elections shall be paid by the counties and other political
subdivisions for which the elections are held, and each political subdivision shall bear its
proportionate share of the costs as determined by the County governing body; and
WHEREAS, the Office of the County Election Administrator will serve as the place of
deposit for ballots within the City limits, and electors who wish to mark their ballot in-person
may do 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 201h day and no later than the 15th day before Election Day and all ballots must be mailed
the same day in accordance with Mont. Code Ann. § 13-19-207.
R23-42 Notify County of Desire to Conduct 2023 Primary and General Elections by Mail -In Ballot
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
that the City of Laurel hereby notifies the Yellowstone County Election Administrator of the
City's desire to conduct the 2023 City Primary (if held) and the 2023 General Election
(including election of City Council Members and approval/disapproval of an Emergency
Services Mill Levy) by mail -in ballot in accordance with Mont. Code Ann. § 13-19-202; and
BE IT FURTHER RESOLVED THAT, except as provided in Mont. Code Ann. § 13-
19-204, the decision to conduct an election under the provisions of Mont. Code Ann. § 13-19-
202 is within the sole discretion of the Election Administrator; and
BE IT FURTHER RESOLVED THAT, the City of Laurel Clerk -Treasurer is hereby
directed to forward a certified copy of this Resolution to the Yellowstone County Election
Administrator in accordance with the provisions of Mont. Code Ann. § 13-19-202; and
BE IT FURTHER RESOLVED THAT, within five (5) days of receiving this request,
the Election Administrator shall respond to the City of Laurel Clerk -Treasurer in writing stating
that this request is either granted or denied for reasons specified, and if granted, the Election
Administrator shall prepare a plan as provided in Mont. Code Ann. § 13-19-205.
Introduced at a regular meeting of the City Council on the 13th day of June, 2023, by
Council Member Sparks.
PASSED and APPROVED by the City Council of the City of Laurel the 13th day of
June, 2023.
APPROVED by the Mayor the 13th day of June, 2023.
ATTEST:
of - ZAAA D
Str Jerk -Treasurer
CITY OF LAUREL
Dave Waggoner, Wor
R23-42 Notify County of Desire to Conduct 2023 Primary and General Elections by Mail -In Ballot
APPROVED AS TO FORM:
Michele L. Braukmann, Civil City Attorney
R23-42 Notify County of Desire to Conduct 2023 Primary and General Elections by Mail -In Ballot