Overview of Election Process July 27, 2016 Presented by Tom Belshe and Liz Burke
Introduction role of city/town clerk resources working with county You have to be impartial
JANUARY 1 BEST PRACTICES LEGAL REQUIREMENTS Clerk have read for distribution: Nomination Paper, Affidavit of Qualification and Campaign Finance Laws Statement (1-page document) Nomination petitions Financial disclosure forms Campaign Finance Information and Forms Political Committee Statement of Organization* Review Packet with Candidate/Representative and Have Receipt Signed Have signature requirements determined by this time for all election types LEGAL REQUIREMENTS Deadline to have packet of materials ready is May 2 Statement of Organization – file on June 1 (conflicts)
PUBLICATION – CALL OF ELECTION Primary/General Election [optional] BEST PRACTICES January 13 [OPTIONAL] First publication for weekly paper 2 times for a weekly paper January 17 [OPTIONAL] First publication for daily paper 4 times for a daily paper January 20 [OPTIONAL] Second publication for weekly paper Fourth time for a daily paper LEGAL PREQUIREMENTS [OPTIONAL – But if you do publish, you should follow publication statutes]
FEBRUARY 1 MAY 2 BEST PRACTICES LEGAL PREQUIREMENTS JANUARY CAMPAIGN FINANCE REPORT DUE (Normally due January 31, unless falls on weekend) MAY 2 CONTRACT W/ COUNTY TO UTILIZE SERVICES OF ELECTION DEPARTMENT BEST PRACTICES 120 days out from election LEGAL PREQUIREMENTS 60 Days 1. CF Reports are due on February 1, not Jan 31 this year (Sunday) 2. Contract with the county at least 120 days prior to the election per request by the counties TOM – I changed April 25 to May 2 to make it consistent with 120 days prior
June 1 JUNE 30 Deadline for candidates to file: Nomination Paper, Affidavit of Qualification and Campaign Finance Laws Statement Nomination petitions (with number of required signatures) Financial Disclosure form Political committee Statement of Organization or $500 Threshold Exemption Statement* (See January 1) JUNE 30 Items you provided in packet are now due. (count, no review of signatures but don’t count if a signature is missing; charter cities may have different requirements including verification) Your role is the filing officer – don’t reject if believe person is not qualified, the challenge process is established in statute June 30 Campaign Finance Report - (Best practice: send reminder to candidate) Primary/General Election: June 30 campaign finance report due BEST PRACTICES Send reminders to all committees
JULY 15 JULY 21 JULY 29 Primary Election: Prepare and mail proof of sample ballot to candidates JULY 21 Primary/General Election: Nomination papers from write-in candidates due JULY 29 Tom Sample ballot to candidates – try to negotiate with the county to get ballot earlier so there is more time to proof. Liz - On the July 15 day, we’ll want to really emphasize that this is a date to be worked out between the clerk and county. Since we are now working with the counties during statewide elections, they will no doubt have to have the ballots ready earlier to accommodate overseas voters, etc. so it’s good to coordinate that date. (We do our proof of ballot via e-mail) Nomination Papers for write-in candidates due – 40 days before the election Hopefully there are no circumstances making you wait until the deadline date. Primary Election: Post notice sample ballots available
August 1 AUGUST 19 Primary Election: County voter registration closes Publish city or town financial statement (Time frame for figures) . City/Town Financial Statement – we get a lot of questions about this one from you and your finance directors. (archaic language in statute – use Schedule A of Budget Form; template is in the Manual) Some charter cities – if no primary – need to publish 10 days prior to General Election
AUGUST 26 AUGUST 30 Primary Election: Pre-primary campaign finance report due BEST PRACTICES Send reminders to all committees AUGUST 30 Primary Election Day! Calculation of who wins at primary Separate calculation for mayor if directly elected Existing ordinances Charter cities Districts 1. adding the total number of votes cast for all candidates for an office; dividing that sum by the number of seats to be filled at the election and then dividing the result of that calculation by two and rounding the number to the highest whole number. 2. Separate calculation for Mayor if directly elected - If you have a directly elected mayor, you will calculate the office of mayor separately from the office of councilmember to determine who wins at the primary. Existing ordinances for general law cities only Charter cities 5. Districts - If you have district elections, you will do the calculation for each district separately.
AUGUST 30 (Cont’d) By way of example, 7 candidates are running for 3 council seats and their vote totals are as follows: John Smith 100 Mary Smith 90 John Doe 90 Mary Doe 70 John Jones 50 Mary Jones 40 Qualified write-in 5 TOTAL 445 445 is then divided by three, the number of seats to be filled, which comes to 148.3 and that result is then divided by two and rounded up to a whole number which means that a candidate receiving 75 or more votes would win at the primary. So John Smith, Mary Smith and John Doe would fill the 3 seats. If more candidates than there are offices to be filled had received 75 votes or more, then the top three would be declared winners. If no one receives a majority, you take the names of the top two vote getters for each number of seats and move them to the General Election ballot. (Total votes cast – no longer valid ballots cast unless charter city; remember recount if 10 or fewer votes for any receiving more than a majority of votes; if have districts, no division, votes are by district.) Review different examples – what if only one candidates receives a majority – two?
SEPTEMBER 19 SEPTEMBER 23 SEPTEMBER 29 Primary Election: Council meets to canvass vote SEPTEMBER 23 General Election: Mail proof of sample ballot to candidates SEPTEMBER 29 General Election: Nomination papers from write-in candidates due Primary Election: Post-primary campaign finance report due BEST PRACTICES Send reminders to all committees 1. Canvass - (takes awhile to get numbers, especially in presidential years; if don’t have final numbers, wait – don’t canvass) 2. Post – Primary Campaign Finance Report - (if no general election, no report due but remember can still have a general if there is an issue on the ballot) 3. Best Practice - Franchise : since utility is paying, ask if preference; can go on primary or general elections, break down the cost to the utility.
OCTOBER 7 OCTOBER 10 November 4 General Election: Post notice sample ballots available OCTOBER 10 General Election: County voter registration closes November 4 General Election: Pre-general campaign finance report due BEST PRACTICES Send reminders to all committees
November 8 November 28 December 8 General Election Day! Council meets to canvass vote BEST PRACTICES Determine signature requirements for future elections December 8 General Election: Post-general campaign finance report due BEST PRACTICES Send reminders to all committees
February 27, 2017 Primary/General: $500 threshold termination statement due Threshold termination statement due 90 days after election. There is automatic termination but remind them immediately after the election to terminate. No longer could fine because of change in statute.
Calculating Nomination Petition signature requirement FOR CITIES WITH DIRECTLY ELECTED MAYOR For Mayor and Council elected at large At least 5% and not more than 10% of total vote cast in the City for MAYOR in the last preceding election For Council district elections At least 5% and not more than 10% of total vote cast in the District for MAYOR in the last preceding election Add the votes cast for the candidates for the office of mayor including qualified write-ins at the last election and calculate percentage. 1. Directly elected mayor - (always base on the last mayoral election) 2. Mayor and Council elected at large - (Votes cast – only those cast, not under/over vote) 3.
Calculating Nomination Petition signature requirement (cont.) FOR CITIES W/OUT A DIRECTLY ELECTED MAYOR At least 5% and not more than 10% of vote cast in the City for the COUNCILMEMBER receiving the highest vote at the last preceding election. FOR TOWNS At least 5% and not more than 10% of vote cast in the Town for the COUNCILMEMBER receiving the highest vote at the last preceding election. LOCAL ORDINANCE OPTION??
Calculation OF SIGNATURES FOR INITIATIVE, REFERENDUM AND RECALL PETITIONS INITIATIVES AND REFERENDUMS Total number of VALID BALLOTS CAST at the last city or town election where a mayor or at large councilmember was elected: For initiatives, 15%; for referendum, 10% Can pass local ordinance to use something other than valid ballots as the basis for the calculation for initiatives only. (Valid Ballots is all ballots – includes under/over votes)
Calculation OF SIGNATURES FOR INITIATIVE, REFERENDUM AND RECALL PETITIONS (cont.) FOR MAYOR OR DISTRICT COUNCILMEMBER Add actual votes cast for all candidates including qualified write-ins for the office at the last general election and multiply by 25% FOR AT LARGE COUNCILMEMBER Add actual votes cast for all council candidates including qualified write-ins at the last general election. Divide by the number of offices filled at that election and then multiply the result by 25%. If haven’t had a general election in years, talk to attorney. Use general election (even if years ago) versus a more recent election. Recent legislation enacted strict compliance standard for recalls.
Questions