Discuss Ordinance Amending the Charter by Repealing and Replacing Chapter 4 - Nominations and Elections

Purpose:  The purpose of this case is for the City Council to discuss the recommendation of the Charter Commission to amend Chapter 4 of the City's Charter, Nominations and Elections.  A public hearing was held during the City Council meeting on November 26, 2019, and five of seven Council Members voted in favor, to introduce Ordinance #19-15 to formally commence the Charter amendment.  The ordinance is back on the Council agenda for this evening for formal adoption.  In summary, the purpose of the ordinance amending the Charter would be to simplify and clarify City election procedures.  Pursuant to State law, the Charter can be modified without going to a public vote if the ordinance receives unanimous approval by the Council.

Observations:  The Charter Commission reviewed Chapter 4 in its entirety and determined the amendments suggested would clarify and simplify the elections process and come into compliance with the State election law. Not having a primary will expedite the process of filing seats with a duly elected Council member, plus the provision that allows immediate appointment by the Council of an interim Council Member keeps vacancy periods at a minimum.  On the other hand, a primary election serves as a method to ensure that the final candidate receives a majority of the votes cast.  Without a primary, a candidate may be elected with the most votes among multiple candidates, but it may be less than a majority of votes cast.  For example, among 5 candidates, a candidate could prevail with less than 50% of the votes cast.

Alternatives: The Council must unanimously vote in favor of the ordinance for this amendment to pass. If Council does not agree with the amendments, they may make suggestions and send back to the Charter Commission for further review.  Previous primary elections have suffered low voter turnout, which is even lower during a special primary election.  The City Council may also consider pursuing changes to state law that would change dates and waiting period, but this is generally more difficult that making charter revisions.  The Council may also consider different procedures for special elections versus general elections as recommendations back to the Charter Commission.

Administrative Services Director

This topic is for Council discussion.