HomeMy WebLinkAboutResolution No. R23-72WHEREAS, Mont. Code Ann. §§ 13-1-403(4) and (5) authorize a municipality to
cancel a General Election for the election of a municipal officer by Resolution after notification
by the County Election Administrator if the number of candidates filing for election is equal or
less than the number of positions to be filled;
WHEREAS, by letter dated September 5, 2023, the City of Laurel received notification
by the Yellowstone County Election Administrator that the following elected Municipal Officer
positions are eligible for cancellation: City Council Ward 3 and City Council Ward 4; and
WHEREAS, pursuant to Mont. Code Ann. § 13-1-403, a Declaration of Intent to be a
Write -In Candidate must have been filed with the Election Administrator by 5 p.m. on the 65th
day before the date of the Election, or September 5, 2023.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana that:
1. The City of Laurel City Council hereby cancels the November 7, 2023 General
Election for the following Municipal Officer positions: City Council Ward 3
and City Council Ward 4.
2. The following persons are hereby elected to the following Municipal Officer
positions by acclamation:
City Council Ward 3 Casey Wheeler (4 -Year Term)
City Council Ward 4 Jodi Mackay (4 -Year Term)
Introduced at a regular meeting of the City Council on the 12th day of September 2023,
by Council Member Sparks.
PASSED and APPROVED by the City Council of the City of Laurel the 12th day of
September 2023.
APPROVED by the Mayor the 12th day of September 2023.
R23-72 Approve Cancellation of General Election for Certain Municipal Officers
ATTEST:
4y SAtkkr�—,Clerk-Treasurer
APPROVED AS TO FORM:
Michele L. Braukmann, Civil City Attorney
CITY OF LAUREL
4
Dave Waggoner, May6r t"
R23-72 Approve Cancellation of General Election for Certain Municipal Officers
/406\256-2742 1!{lBox J5OU2
(406)254-7940/PAXJ Billings, iN1] 59107-5002
5, 2023
Dear City Clerks.
The deadline for write-in candidates tpfile adeclaration ufintent for the general municipal
election pursuant tol3-1-4O3/3\has passed. The following candidates have filed for a
nonpartisan municipal office in Yellowstone County and are running uncontested:
Town of Broadview
Todd L Bailey (4 -year term)
Chuck Chaffin" (4 -year term)
City of Laurel
City Council Ward ]- Casey Wheeler (%+xearterm)
City Council Ward 4 - Jodi MacKay (4 -year term)
Because the number of candidates filing for election for these positions is equal to or less than
the number of positions to be filled, the election is not necessary, and the governing body of
the relevant election may cancel the election byresolution. Please note that ifthe governing
body wishes to cancel a candidate election, it should do so as soon as possible. If your
governing body wishes to cancel, please let me know when the matter is likely to be acted upon
and please forward a copy of the executed resolution to the Yellowstone County Election Office
as soon as possible to ensure ballots are updated for printing in atimely manner.
"Town of Broadview — please note that Mr. Chaffin has not completed his COPP paperwork
and pursuant to 13-37-126(l), his name cannot appear on the official ballot for an election
unless/until hefiles the paperwork. The certification for the general election bythe C(]PPis
due onSeptember 2Dm . Asnoted by1S-37'12G/2i"Avacancy onanofficial ballot under this
section may be filled in the manner provided by law, but not by the same candidate." In
addition, a certificate of election cannot be granted to a candidate until the candidate or the
candidate's treasure has filed the required reports. See 13-37-127, MCA. If the Town Council
cancels the election, you may wish to consult with your Town attorney as to whether Mr.
Chaffin could be declared elected by acclamation given those circumstances.
With regards,
K.V. (Ginger" Aldrich