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Item 5.
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| City Council Regular | |
| Date: | 06/26/2023 |
| Title: | Resolution requiring or canceling a Municipal Primary Election |
| Presented by: | Gina Dahl |
| Department: | Legal |
| Presentation: | No |
| Legal Review: | Yes |
| Project Number: | N/A |
RECOMMENDATION
Staff recommends Council approve a resolution requiring or canceling a Municipal Primary Election be held on September 12, 2023.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
Section 13-14-115(3), MCA, authorizes a governing body to require a primary election be held for a nonpartisan office 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, or June 29, 2023.
Section 13-1-403(4), MCA authorizes a municipality to cancel an election by resolution after notification by the election administrator if the number of candidates filing for election is equal to or less than the number of positions to be filled.
At the time of preparation of this memo, the City has not yet received notification from the election administrator. However, at least one council member requested Council consider requiring a primary in the event such an election was deemed not necessary by the election administrator. Although there was no official direction given to staff to place this matter on the agenda, and given the statutory 10-day deadline stated above, it was necessary to place this on the June 26 agenda because it is the last regular meeting where Council may pass a resolution requiring a primary before the June 29 deadline.
Section 13-1-403(4), MCA authorizes a municipality to cancel an election by resolution after notification by the election administrator if the number of candidates filing for election is equal to or less than the number of positions to be filled.
At the time of preparation of this memo, the City has not yet received notification from the election administrator. However, at least one council member requested Council consider requiring a primary in the event such an election was deemed not necessary by the election administrator. Although there was no official direction given to staff to place this matter on the agenda, and given the statutory 10-day deadline stated above, it was necessary to place this on the June 26 agenda because it is the last regular meeting where Council may pass a resolution requiring a primary before the June 29 deadline.
ALTERNATIVES
City Council may:
- Approve a resolution requiring a primary election be held for its nonpartisan offices on September 12, 2023, pursuant to Section 13-14-115(3), MCA; or,
- Approve a resolution canceling the primary election if the Yellowstone County Election Administrator has determined and provided notice that a primary election does not need to be held, pursuant to Section 13-1-403, MCA.
FISCAL EFFECTS
The primary election of municipal offices currently eligible for election shall be held by mail ballot as set forth in City of Billings Resolution No. 23-11120 and in accordance with the provisions of Title 13, Chapter 19, Parts 1-3, MCA. Pursuant to Section 13-1-302, MCA, 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. Each political subdivision shall bear its proportionate share of the costs as determined by the county governing body. According to the Yellowstone County Election Administrator, K. V. "Ginger" Aldrich, having a primary election on September 12, 2023, may cost the City approximately $105,000.