ITEM: 12.5 ADMINISTRATION - Jane Cross, City Clerk
SECOND READING
Title
CHARTER AMENDMENTS - ORDINANCE NO. 12-2239, AN ORDINANCE AMENDING CHAPTER 2, FORM OF GOVERNMENT, SEC. 2.03 ELECTIVE OFFICES, AND SEC. 2.03(A), DISTRICTS, AND CHAPTER 4, NOMINATIONS AND ELECTIONS, SEC. 4.06, CANDIDATE FOR OFFICE
Background
There are two Charter amendments for Council consideration. Both Charter amendment proposals were reviewed and supported unanimously by the Blaine Charter Commission on October 25, 2011 and the city attorney reviewed the amendments prior to presentation to the City Council at a Council work shop on December 15, 2011.
A Public Hearing notice was published in the Blaine Life on January 13 and January 20, 2012 for the February 2, 2012 City Council meeting. The public hearing was held on February 2 and there was no input from the public. First Reading of the proposed ordinance was then read into the record.
The first proposed amendment is a housekeeping amendment that would change the word "district" to "ward" throughout the Charter to make the election language portion consistent with the Secretary of State, other Anoka County cities as well as all other metro and outstate cities. This amendment would not cause any conflicts for campaign signs or other materials that current council members have in their possession.
This amendment would make Sec. 2.03 and 2.03(a) of the Blaine City Charter consistent with the language used on all election forms used at the county and state level.
The second proposed amendment would require all write-in candidates for city council to file a written request with the City's election official to compile their write-in votes. A candidate who wants their write-in votes to be counted in the general election would have to file a written request with the City Clerk's office no later than seven days before the general election. All other write-in votes cast for city council candidates who have not filed a written request would be treated collectively as votes for a single candidate.
Because Blaine is a charter city, the city has the ability to insert this language into the Charter (in Sec. 4.06) to not only save time and frustration for the election judges at the end of election night, but also to save the city/taxpayers monies by not having to pay election judges to count all the individual, frivolous write-in names on the ballots, e.g. comic characters, John Does, and so forth.
The Blaine City Attorney has reviewed this procedure and agrees there is no legal reason to not add this requirement. It has been done on the federal, state and county level for the several past elections and has proven to be beneficial.
Body
THE CITY OF BLAINE DOES ORDAIN: (Added portions are underscored and deleted portions are shown in brackets with overstrike.)
CHAPTER 2, FORM OF GOVERNMENT
Sec. 2.03. - Elective offices.
The council shall be composed of a mayor and six (6) councilmembers who shall be qualified voters of the City of Blaine. To effectuate the lengthening of terms of office of the council, the mayor and the other three (3) councilmembers elected at the regular municipal election in 1993 shall be elected to three (3) year terms, expiring in 1996. The mayor and the other three (3) councilmembers elected at the regular municipal election in 1996 shall be elected to four (4) year terms, expiring in 2000. The three (3) councilmembers elected at the regular municipal election in 1994 shall be elected to four (4) year terms, expiring in 1998. After the regular municipal election of 1996, the members of the council shall be elected to four (4) year terms and shall serve until their successors are elected and qualified. There shall be one councilmember elected from each [district] ward at each regular municipal election. The mayor shall be elected at large and shall serve until a successor is elected and qualified.
Councilmembers must reside within the [district] ward from which they are elected. If a councilmember moves from such councilmember's elective [district] ward, or if a councilmember is excluded from a [district] ward as a result of redistricting, such councilmember's term of office shall expire on January first, following the next regular city election.
Sec. 2.03(a). - [Districts] Wards.
The City of Blaine shall be divided into three (3) council election [districts] wards.
The city manager shall re-evaluate the [district] ward boundaries following the certification of the decennial census.
Council election [districts] wards shall be as equal in population as practicable and each [district] ward shall be composed of compact, contiguous territory.
[District] Ward boundaries shall follow visible, clearly recognizable physical features as required by state law. The city manager shall prepare a redistricting report which shall be submitted to the charter commission for review and comment.
The redistricting report, any charter commission comments, and a redistricting ordinance shall be submitted to the city council for consideration. If the city council does not adopt a redistricting ordinance within the period specified by state law, no compensation may be paid to the mayor or councilmembers until the [districts] wards of the city are newly redetermined as required by this charter and state law.
CHAPTER 4, NOMINATIONS AND ELECTIONS
Sec. 4.06. - Candidate for office.
All candidates for office provided for by this chapter who desire to be elected to any elected office, shall file an affidavit not more than eighty-four (84) days nor less than seventy (70) days, or per Minnesota state law, prior to the primary election date, with the city clerk, paying the said officer a fee of fifty dollars ($50.00). Such affidavit or application shall state that the candidate is a qualified voter of the City of Blaine and the name of the office for which such person is a candidate.
At the time of filing an affidavit of candidacy, a candidate may present a petition in place of the filing fee. The petition may be signed by an individual eligible to vote for the candidate. The number of signatures on the petition in place of a filing fee shall be the lesser of five hundred (500) signatures or five (5) percent of the total number of votes cast in the election [district] ward at the preceding general election at which that office was on the ballot. The city clerk shall make available sample forms for petitions in place of filing fees.
A write-in candidate who wants their write-in votes to be counted in the general election must file a written request with the city clerk no later than seven (7) days before the general election. All write-in votes cast for candidates who have not filed a written request to have these votes counted shall be treated collectively as votes for a single candidate.
INTRODUCED AND READ in full this 2nd day of February 2012.
PASSED by the City Council of the City of Blaine this 15th day of March, 2012.
Recommendation
By motion, approve Ordinance No. 12-2239