9.c) Draft Ordinance 12X, Special Election to Fill City Council Vacancy Meeting Date: 10/19/2010
Agenda item: `
� c �
City Council Agenda Report
City of Scandia
14727 209`h St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Consider Draft Ordinance No. 12x Providing for a Special Election to
Fill a Vacancy in an Elected Office at a Time Other than the Regular
City of Scandia General Election
Deadline/ Timeline: N/A
Background: • At the September 21, 2010 meeting the City Council declared a
vacancy on the City Council because of the resignation of John
Lindell.
• The Council has taken steps to fill the vacancy as required by state
law, by appointing a council member to serve until such time a
successor is chosen by election.
• If this vacancy had occurred before the candidate filing period for
the November 2 election, because more than two years remain on
the term, a special election would have been required and would
have been held in conjunction with the November 2 election.
Because of the timing of the vacancy, a special election is not
required in this case, and the appointee may serve until the end of
the term. However, the Council could choose to adopt an
ordinance that specifies under what circumstances a special
election will be held.
• As directed by the Council, the City Attorney has drafted an
ordinance that if adopted would call for a special election to be
held to fill the current vacancy. The ordinance would not mandate
any other future special elections. The dates for the filing period
and the special election would need to be determined before the
ordinance is adopted.
• Sample timelines for a special election are shown on an attached
spreadsheet. Four options, depending upon when the ordinance
might be adopted, show the earliest date(s) for an election and
other milestones in the process of holding the election. Even
though a special election could be held on any day other than a
legal holiday, staff recommends that the election be held on a
Tuesday. We also recommend at the filing period begin and end
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on a Tuesday, to help ease any confusion about the schedule and
avoid conflicts with weekends. For example, if the ordinance
were approved on October 19, 2010 (see column 1) the filing
period could be from November 16 through November 30, 2010
with a special election on February l, 2011. (Depending on which
Tuesday is chosen it may be necessary to reschedule Council
and/or Planning Commission meetings.)
• Staff inet with Washington County Elections staff to discuss a
potential Joint Powers Agreement that would be needed to
administer a special election. The County's assistance will be
required to arrange for ballot printing, programming election and
equipment, and to administer the absentee voting process. The
County offered two options, with the difference being that in
Option 2 the County would hire, train and supervise the election
judges. (The County provides this service to other communities
for which it administers elections.)
• In Option 1, with the City hiring election judges,the total cash
expense to hold a special election is estimated to be $3,395, not
including staff time. The total cost including staff salary and
benefits is estimated at $6,259.
• In Option 2, with the County hiring and supervising election
judges, the total cash expense to hold a special election is
estimated to be $5,003. The total cost including staff salary and
benefits is estimated at $6,790.
• The cost estimates do not include legal fees and staff time for
preparing the ordinance and this report.
• The cost estimates assume that election judges will be paid $9.00
per hour, $11.00 per hour for the head judge, and minimal staffing
of the polls on Election Day(the same as paid by Scandia for the
2010 elections.) State law requires that the City pay minimum
wage. Judges may volunteer,but cannot be required to do so. The
head judge will not volunteer. Training a new head judge would
add significant cost. If half the other judges would volunteer, the
total cost would be cut by about $550.
• Staff was asked to research voter turnouts at previous Scandia
elections with City Council or Town Board seats on the ballot. A
table showing that data since 1990 is attached.
� We were also asked about the history of Scandia holding special
elections. Prior to the incorporation, the Township held elections
in March of each year, so elections were more frequent. Since
1990 (based on a search of official minutes) Town Board members
were appointed to fill vacancies five times (Kevin Nickelson, 1990
and 1999; Lisa Crum, 2002; Blair Joselyn, 2003; and Michael
Harnetty, 2004.) No stand-alone special elections to fill Board
vacancies were held during that period.
• We have also been asked to provide data on the frequency of
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municipal special elections to fill council vacancies. It does not
appear that anyone tracks this information at the state level.
However, Washington County Elections staff report that no stand-
alone municipal special elections to fill city council vacancies
have been held in the county during the last ten years. Several
vacancies have been filled at special elections held in conjunction
with general elections.
Recommendation: Staff recommends that the Council discuss the draft ordinance and the
other data provided. A majority of the Council (3) must vote in favor
for the ordinance to be adopted.
If additional information or changes to the ordinance are desired,
action could be postponed to a future date. The decision on whether
or not to hold a special election is independent of the process of
appointing someone to fill the vacancy until an election occurs.
Attachments/ • Draft Ordinance
Materials provided: . Special Election Cost Estimate
• Voters at Municipal Elections
Contact(s):
Prepared by: Anne Hurlburt, Administrator
(Special election)
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CITY OF SCANDIA
ORDINANCE NO. 12_
AN ORDINANCE PROVIDING FOR A SPECIAL ELECTION TO FILL A VACANCY
IN AN ELECTED OFFICE AT A TIME OTHER THAN THE REGULAR
CITY OF SCANDIA GENERAL ELECTION
The City Council of the City of Scandia does hereby ordain as follows:
Section 1. DEFINtTIONS. For the purposes of this ordinance, the following terms
shall have the following meanings.
(1) General Election. A "general election" is an election held at regular intervals
on a day determined by law at which the voters of the state or any of its
subdivisions choose by ballot public officials or presidential electors.
(2) Special Election. A "special election" is an election held at any time to fill
vacancies in public officers.
(3) Vacancy. A vacancy occurs for the reasons stated in Minnesota Statute
Section 351.02 or other state law.
Section 2. VACANCY IN OFFICE. A vacancy in the office of City Council has
occurred by reason of the resignation of Councilperson John Lindell on September 13,
2010 and as declared by the City Council by Resolution 09-21-10-03 adopted September
21, 2010.
Section 3. APPOINTMENT TO VACANCY. Pursuant to Minnesota Statutes
§412.02, Subd. 2a, a person shall be appointed to fill the vacancy until the qualification of
a successor by special or general election. The vacancy in office occurred on or after the
first day to file Affidavits of Candidacy for the regular City election, but more than two
years remain in the term being vacated and a special election should be held to fill the
vacancy.
i
Section 4. SPECIAL ELECTION TIMING.
(1) The special election shall be held on Tuesday, , 2011,
between the hours of 7:00 o'clock a.m. and 8:00 o'clock p.m.
(2) Affidavits of Candidacy accompanied by a $2.00 filing fee may be filed
during the period commencing Tuesday , 201_, and
ending Tuesday , 201_.
(3) Except as hereinabove provided, election procedures shall be followed as for
a general election.
Section 5. EFFECTIVE DATE. This Ordinance shall become effective upon its
passage and publication.
Passed and adopted by the City Council of Scandia on October 19, 2010.
Dennis D. Seefeldt, Mayor
ATTEST:
Anne Hurlburt, City Clerk/Administrator
2
Sample Timelines,Special Election
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Task 1 2 3 4 ' INotes
Council adopts ordinance calling special October 19,2030 November 16,2010 December 21,2010 January 18,2011 Regular Council Meeting(3rd Tuesday)
eledion
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Publish ordinance and notice of filin October 27,2010, November 24,2010' December 29,2010 Janua 26,20111 Earliest Messenger publication date
period
_ _ .. . -----_ _ _-_ , ----- _ ._ -
First day of filing period November 16,20101 December 14,20101 January 18,2011', February 15,2011' First Tuesday at least two weeks after publication
Y BP . ___ ___ --- � -- _--- _--__ __ _
Last da of filin eriod November 30,20101 December 28,2010' Februa 1,2011I March 1,2011I 'Two weeks after start(Tuesday,5:00 p.m.)
--- rY
- - -- -_ _ - - _ _----- - --__ __ , - -- _
Last day to withdraw(5pm) December 2,20101 December 30,2010 February 3,2011 March 3,2011 Two days after close of filings(Thursday,5:00 p.m.)
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Notice of election to County Auditor December 2,2010' lanuary 6,2011 February 4,2011' March 4,2011 53 days prior to the election
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Certify candidate names on ballot December 3,2010 January 3,2011 February 4,2011' March 4,2011' Next business day after withdrawal date
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County staff lays out ballot;City staff December 8,2010- January 6,2011: February 9,2011; March 9,2011' ,Allows 3 business days
proofs
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_ _ __ _ . _ _ , _ _ -__ _ _
Ballot to printer December 9,2010I January 7,20111 February 10,2011 March 10,2011' �Day after ballot is approved
_ _ ---- -__ _ . _----- - -._ _ _ _ _ _-_
Last Council meeting at which to appoint December 21,2010' January 18,2011' February 15,2011 March 15,2011 Not later than 25 days prior to election
judges
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Ballots delivered by printer December 23,2010 lanuary 21,2011 February 24,2010 March 24,2011 Allows 2 weeks
__----- _, _--- ----- - --- -�__ _ _-- - _ ___ _ _ _ __ _____
First day of absentee voting December 27,2010' January 24,2011' February 15,2010 March 25,2011 First busienss day after ballots back from printer
_ _ ___ __ _
Publish notice of election January 12,2011 February 9,20111 March 9,2011 April 6,2011 At least 2 weeks prior to election(Wednesday)
_ . __ _�-- _ _ _ -___ _ _ __ _ _ _-
Publish notice of PAT _ _ _ January 12,20111 February 9,2011'` March 9,2011, April 6,2011 At least 2 days prior to test
_ �- - -- , - _ _ ---;- __ _ _
Publish sample ballot January 12,20111 February 9,2011 March 9,2011 April 6,2011 'At least 2 weeks prior to election(Wednesday)
_- ------ __ _ _ __ - _ _
Public Accuracy Test(PAT) January 18,2011' February 15,2011 March 15,2011'' April 12,2011 �Within 14 days of election(first day)
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Post notice of election January 21,2011 February 18,2011 March 19,2011 April 16,2011 At least 10 days prior to election
_ _ __------ _- - - -- _ _ _ _-- - _
Post sample ballot January 28,2011 February 25,2011. March 22,2011' April 22,2011 4 days prior to election
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Open Saturday 10-3 for Absentee voting January 29,2011 February 26,20111 March 26,2011'' April 23,2011', ISaturday before the election
---__ _ - - ----- __ __ __ - ----�---- - ; - --�__. -- _ _
Last day of absentee voting January 31,2011 February 28,2011: March 28,2011, April 25,2011', I End of minimum 30 day period;day before Tuesday
Election
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Election Day February 1,2011' March 1,2011 March 29,2011I April 26,2011' Tuesday
_ ---- _ � -- _ - - --- - �-_ __ _ . -- . __
Canvass votes February 8,2011+ March 8,2011� April 5,2011, May 3,2011 .3 to 10 days after election(Tuesday)
---
Certify results to county auditor February 9,2011: __ _March 9,2011'� April 6,2011', May 4,2011 �Day after canvass
_- - _ � _ _-- � _ _ _ . , _- -- __ _
Last day to contest the election February 16,2011� March 16,2011'i April 13,2011y�, May 11,2011' 17 days after canvass
- --_ - - - , - __-- --� - . _ - __
Earliest date to Issue election certificate February 17,2011I March 17,2011' April 14,2011j May 12,2011 First day after contest period ends;assumes financial
reports certified
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Oath of Office March 1,2011I Aprii 5,2011 April 19,2011 May 17,2011' First scheduled Council meeting after certificate is
issued
Special Election Cost Estimate
City of Scandia
October, 2010
Option 1 Option 2
City Hires&Trains County Hires&
Expense Judges TrainsJudges
City Out-of-Pocket Expenses
Election Judge Wages $1,313 $0
Miscellaneous-- Notices, Mileage, Legal etc. $386 $345
Subtotal, City Out-of-Pocket $1,699 $345
Contract with Washington County
Ballot Printing $725 $725
County Staff Costs(Absentees, etc.) $946 $1,771
Publication Costs $25 $25
Election Judge Costs, including Training $0 $2,137
Subtotal, County Contract $1,696 $4,658
Total Cash Expenses $3,395 $5,003
Staff Time Cost (Salary& Benefits) $2,864 $1,787
Total Cost $6,259 $6,790
Voters at Muncipal Elections
- _ _
City of Scandia/New Scandia Township
_ --
Date of Number of
Election Voters Notes
11/4/2008 2,644 General Election, 1,846 voting for Mayor, 2,140 for Council
12/12/2006 1,036 Special/ First City Council Election
3/14/2006 430 Regular Town Board Election
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3/8/2005 243' " "
3/9/2004 311� � .
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3/11/2003 ' 42�, " "
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3/12/2002 53, " "
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3/14/2001 430�, " "
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3/13/2001 359' " "
3/sa/i000 i�s �� ��
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3/9/1999 383, " „
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3/10/1998 480' " "
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3/11/1997 ' 447� " "
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3/12/1996 96' " " - -
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3/14/1995 ' 994', " "
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3/8/1994 525 „ ° .
3/9/1993 102 " "
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3/10/1992 713� " "
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3/12/1991 ' 357 " "
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3/13/1990 ' 337 " "