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HomeMy WebLinkAbout2009-05-27 09-182 ORDERCOUNCIL ACTION Item No. 09 182 Date: May 27, 2009 Item/Subject: ORDER, Proposing Amendment to the Bangor City Charter, Article IV, Section 8, Contents and Form of Ballot — Order of Candidate Names on Ballot Responsible Department: Legal Commentary: Article IV, Section 8 of the Bangor City Charter provides that the names of City Council candidates shall be placed on the ballot in alphabetical order. Studies have suggested that the candidate listed first on a ballot may have an advantage over other candidates. If the order of names on the ballot were determined by drawing by lot, all candidates would have an equal chance of having their name placed first on the ballot. A change to the order that the candidate's names are listed on the ballot requires an amendment to the Bangor City Charter. This order will place a proposed amendment to the City Charter on the November 2009 ballot to change the way the names of City Council candidates are listed on the ballot. Rather than being listed in alphabetical order, the order of names on the ballot for City Council candidates will be in the order drawn by lot by the City Clerk. The drawing will take place in public at 5:00 p.m. on the next business day after the last date that nomination papers can be filed with the Office of the City Clerk with candidates having the opportunity to be present for the drawing. Department Head Manager's Comments: Prior to acting on this item, a public hearing must be held. .11C City Manager Associated Information: Budget Approval: Legal Approval: Introduced for X Passage First Reading Referral Page _ of Finance Director City Solicitor v9 182 Assigned to Councilor Wheeler May 27,2009 i Oi B4,NC S CITY OF BANGOR 7 � 4ED,* (TITLE.) ORDER, Proposing Amendment to the Bangor City Charter, Article IV, Section 8, Contents and Form of Ballot — Order of Candidate Names on Ballot WHEREAS, the Bangor City Charter provides that the names of City Council candidates shall be placed on the ballot in alphabetical order; and WHEREAS, studies have suggested that the candidate listed first on a ballot may have an advantage over other candidates; and WHEREAS, a change to the order that the candidates names are listed on the ballot requires an amendment to the Bangor City Charter. NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR That the following amendment to Article IV, Section 8 of the Bangor City Charter be placed on the ballot of the 2009 regular municipal election to be held November 3, 2009 for approval by the qualified voters of the City of Bangor in accordance with Title 30- A M.R.S.A. §§2104 (1) and 2105: ARTICLE IV CONTENTS AND FORM OF BALLOT Sec. 8. Contents and form of ballot. [Amended 11-7-1989) The names of Superintending School Committee candidates nominated as provided in the preceding section shall be arranged on the ballot in alphabetical order according to surnames. The names of City Council candidates nominated as Drovided in the orecedina section shall be arranged in the order by which they are drawn by lot by the City Clerk. The Clerk shall draw names at 5:00 p.m. on the next business day after the last date that nomination papgrs can be filed with the Office of the City Clerk. The drawing shall be conducted in public and all candidates shall be notified of the place, date, and time that the drawing shall take place. The ballots shall be without party mark or designation. The full name and residence of each candidate shall be given. At the right of each name shall be a square within which the voter shall place a cross or.check mark to designate his choice. Blank spaces shall be left at the end of the list of the candidates for each office, in which the voter may insert the name of any person not printed on the ballot, for whom he desires to vote. In City Council May 27, 2009 Passed Motion Made and Seconded to Open the Public Hearing Public Hearing OPended No one from the Public came forward Motion Made and Seconded to Close the Public Hearing Public Hearing Closed Motion Made and Seconded for Passage Passed City Clerk 09-182 O R D E R (TITLE,) Praposine Amendment to the Bangor City Charter, Article IV, Section & Contents spA Roan of Ballot - Order of Candidate Names on Ballot Assigned to Councilor__ W �� 39 182 The ballot shall be printed substantially as follows: To vote for a candidate make a cross (x) or check mark in the square at the right of name and residence. For City Council (3 Years) Vote for Name of candidate Residence ( } Name of candidate Residence ( } Vote for One For Warden for Ward Clerk (2 years) ( ) Name of Candidate Residence ( ) Back of Ballot Official Ballot Bangor Ward Monday, 19 Facsimile of Signature - City Clerk Explanation: The proposed amendment to Article IV, Section 8 of the City Charter would change the way the names of City Council candidates are listed on the ballot. Rather than being listed on the ballot in alphabetical order, the candidates for City Council will be listed on the ballot in the order in which they are drawn by lot by the City Clerk. The drawing shall take place at 5:00 p.m. on the next business day after the last date that nomination papers can be filed with the Office of the City Clerk with candidates having the opportunity to be present for the drawing. And be it further ORDERED, THAT pursuant to Title 30-A M.R.S.A. §§2104 (6) and 2105 (2), the form of the question to be submitted to the voters shall be as follows: QUESTION (CITY CHARTER AMENDMENT} "Shall the proposed City Charter amendment summarized below be approved and adopted by the City of Bangor? "Summary: The proposed amendment to Article IV, Section 8, of the City Charter would change the way the names of City Council candidates are listed on the ballot. Rather than being listed on the ballot in alphabetical order, the names of City Council candidates will be listed on the ballot in the order in which they are drawn by lot by the City Clerk with candidates having the opportunity to be present for the drawing. The Clerk is hereby directed to take all necessary action consistent with the Order. (STATEMENT OF FACT: Deletions of the existing Charter provisions are stFUe'( thFeugh. Additions are underlined. The intent of this amendment is to change the way that the names of City Council candidates are listed on the ballot, from alphabetical to in the order as drawn by lot by the City Clerk with candidates having the opportunity to be present for the drawing.