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HomeMy WebLinkAbout2016-02-08 16-091 ORDERCOUNCIL ACTION Item No. 16-091 Date: February 8, 2016 Item/Subject: ORDER, Accepting Provisions of Title 21-A, Section 696, Subsection 2, Paragraph C and Title 21-A, Section 722-A, As Governance For Counting Write -In Votes Responsible Department: City Clerk Commentary: On June 11, 2015, the Maine Legislature passed L.D. 626 An Act Regarding Write -In Candidates in Municipal and City Elections. This law provides towns and cities with the opportunity to accept the provisions of State law regarding counting write-in candidates. If accepted, the provisions would require write-in candidates to declare candidacy with the City Clerk on or before the 45th day prior to the election. Only write-in votes for declared candidates would require hand count. All other write-in votes would not be hand counted. Should there be no candidates for either School Committee or City Council, all write-in votes would be hand counted. This action requires a public hearing. This was reviewed and recommended for approval at the January 20, 2016 Government Operations Committee meeting, and staff recommends approval, as well. Manager's Comments: Associated Information: Order Budget Approval: Legal Approval: Introduced for X Passage — Public Hearing First Reading Referral f'� > zr � Department Head City Manager Finance Director City Solicitor Page _ of _ Assigned to Councilor Plourde CITY OF BANGOR 16-091 FEBRUARY 8, 2016 (TITLE.) Order, Accepting Provisions of Tide 21-A, Section 696, Subsection 2, Paragraph C and Title 21-A, Section 722-A, As Governance For Counting Write -In Votes WHEREAS, an amendment to the law regarding the counting of write-in votes, 30-A M.R.S.A. §2501, subsection 3, was enacted last year; and WHEREAS, municipalities now have the option of having the same requirements regarding write-in candidates and vote counting for municipal elections as for other elections. By ttie City Council of the City ofBangor.- ORDERED, that the provisions of Title 21-A, Section 696, Subsection 2, Paragrah C and Tine 21- A, Section 722-A, are accepted as governance for Counting Write -In Votes. Votes for a write-in candidate are counted only if that candidate has filed a timely declaration of write-in candidacy with the municipal clerk in accordance with Tile 21-A, section 722-A, except that votes for write- in candidates who have not filed a declaration of write-in candidacy must be counted if: (1) The printed ballot does not include a properly nominated candidate for the office; or (2) A properly nominated candidate for the office listed on the ballot withdraws from the race before or on election day. IN CITY COUNCIL FEBRUARY 8, 2016 MOTION MADE AND SECONDED TO OPEN PUBLIC HEARING PUBLIC HEARING OPENED MOTION MADE AND SECONDED TO CLOSE PUBLIC HEARING PUBLIC HEARING CLOSED MOTION MADE AND SECONDED FOR PASSAGE PASSED CITY CLERK