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HomeMy WebLinkAboutResolution 2014-23 07/07/2014RESOLUTION NO. 2014 -23 A RESOLUTION ADOPTING THE SPRINGFIELD VOTER'S PAMPHLET POLICY, DIRECTING THE CITY MANAGER'S OFFICE TO MAKE AVAILABLE AN ELECTRONIC VOTER'S PAMPHLET FOR THE NOVEMBER 4, 2014 GENERAL ELECTION, AND SETTING FEES FOR INCLUDING CANDIDATE OR MEASURE INFORMATION IN THE ELECTRONIC VOTER'S PAMPHLET WHEREAS, the City of Springfield adopted Ordinance No. 6322 (General) Amending the Springfield Municipal Code Sections 2.205 "Definitions ", 2.215 "Nominations for Elective Office ", 2.235 "Time for Filing Petitions ", and 2.270 "Distribution of Voters Pamphlets "; WHEREAS, Ordinance No. 6322 provided the option of an online voters' guide with a list of candidates, statements from candidates, measures or arguments relative to measures to be considered and voted upon in the City; WHEREAS, Ordinance No. 6322 authorized that the City Council, by motion, resolution or ordinance may provide for the preparation and make available an electronic voters' pamphlet; WHEREAS, Ordinance No. 6322 set forth that standards for the printed and electronic voters' pamphlet shall be set by Policy approved by the City Manager; WHEREAS, Council now wishes to make available an electronic voters' pamphlet for the November 4, 2014 General Election; WHEREAS, the Voters' Pamphlet Policies written and approved are attached; and WHEREAS, Council now wishes to adopt by resolution the City Manager's policies for a City of Springfield Voters' Pamphlet. NOW THEREFORE, BE IT HEREBY RESOLVED by the City of Springfield as follows: 1. The City of Springfield hereby adopts the City Manager's Policies for Voters' Pamphlet. 2. The City Manager is directed to provide for electronic Voters' Pamphlet for the November 4, 2014 General Election. 3. The City of Springfield establishes the following fees: a) Candidate Filing Fee - $25.00 b) Measure Argument Filing Fee - $25.00 I 4. This Resolution shall take effect upon its adoption by the City Council and approval by the Mayor. ADOPTED by the Common Council of the City of Springfield this 7 day of die 2014, with a vote of 6 for and 0 against. ATTEST: GLVK'4> LUG - Amy Sowa, C4 Recorder Christine L. Lundberg, Mayor REVIEWED & APPROVED AS TO FORM DATE: I OFFICE OF C TY AFTORNEY RESOLUTION NO.2014 -23 VOTER'S PAMPHLET POLICY CITY OF SPRINGFIELD Definitions Ballot Title. A ballot title describes a city, utility board, school district or park district measure. All ballot titles must be qualified by the county elections filing officer. Candidate. An individual whose name is printed or expected to be printed on the ballot after meeting filing requirements set forth in Springfield Municipal Code Section 2.215 for city and utility board offices and ORS 255.235 for school district and park district offices. City Elections Filing Officer. The City Recorder is the elections filing officer for the City of Springfield City Council positions and Springfield Utility Board positions. County Elections Filing Officer. The County Clerk is the elections filing officer for Lane County, Springfield School District 19, and Willamalane Park and Recreation District. Elective Office. Elective offices shall in Mayor, City Councilor, Springfield Utility Board (SUB) member, Springfield School District 19 board member, and Willamalane Park and Recreation District board member. Electorate. The registered voters in the City of Springfield, the School District, the Park District, or the Utility Board District. Initiative. The process of initiating legislation and its enactment or rejection by the electorate. Measure. Legislation referred to the voters either by referendum or initiative for the City of Springfield, Springfield Utility Board, Springfield School District 19, or Willamalane Park and Recreation District. Park District. Willamalane Park and Recreation District. Referendum. The process of referring legislation to the electorate. Referral. The process of the governing body referring a measure to voters for approval. Regular Election. An election held at the same time as the statewide primary or general biennial election. School District. Springfield School District 19. Special Election. An election held on a date that is not a regular election date. Voter's Pamphlet. An informational brochure that may be in print or electronic form regarding candidate or measure information for an upcoming general or special election. The Voter's Pamphlet may also be referred to as a "Springfield Election Information." Utility Board. Springfield Utility Board. RESOLUTION NO. 2014 -23 IL Purpose (1) It is the purpose of the City of Springfield to create a voter's pamphlet that will provide voters with easy access to information regarding upcoming elections for candidates and /or ballot measures for the City of Springfield, the Springfield Utility Board, the Springfield School District, or the Willamalane Park District; (2) The policy guidelines provided here are designed to provide the City Manager with flexibility to generate a voter's pamphlet that balances the interests of voters' access to information and the City's interest in efficient and economical means to provide access to that information. III. City Manager Duties and Voters' Pamphlet Content (1) The City Manager shall include additional general information related to the election process in the Voter's Pamphlet such as the location of drop boxes, requirements for a citizen to qualify as an elector, how an elector may register or re- register to vote, how an elector may obtain a ballot, and a map of voting districts. The City Manager makes no guarantees as to whether the information is accurate and current. (2) The City Manager shall create a voter's pamphlet for a general or special election only when directed to do so by City Council pursuant to SMC § 2.270(3). (3) The order of candidates will be by election (City of Springfield, Springfield Utility Board, Springfield Public School District, Willamalane Park and Recreation District), and then by order of position. The order of measures will be in numeric order of the ballot number. (4) If the City Manager is directed to create a voter's pamphlet, it shall include: a. For a Measure: i. the full text of the measure; ii. the ballot number; iii. a summary of the measure, created by the City Manager's Office, that does not exceed 500 words, that which concisely and impartially summarizes the measure and its major effects. If not filed, the Voter's Pamphlet may be printed without it; iv. any arguments relating to the measure and filed with the City Manager's Office in compliance with Section IV of this policy. Such arguments shall not exceed 325 words. b. For a Candidate: i. the candidate's name to be included on the ballot; ii. the office sought; iii. a portrait no smaller than 1.5 inches by 1.75 inches of the candidate submitted by the candidate within 70 days of the election date, that is less than four years old, only shows the face and shoulders of the candidate, and has no background or other identifying markers in the picture that would associate the candidate with an organization or other entity (if candidate does not submit a portrait then no portrait will be included); RESOLUTION NO. 2014 -23 iv. a statement submitted by the candidate within 70 days of the election date that includes the candidate's current occupation, occupational and educational background, and any additional information the candidate may deem relevant to the election. The length of the statement shall not exceed 325 words. (5) The City Manager shall reject any statement, argument or other matter offered for filing and printing in the Voter's Pamphlet which: a. Contains any obscene, profane or defamatory language; b. Incites or advocates hatred, abuse or violence toward any person or group; or c. Contains any language which may not be legally circulated through the mail. (6) The City Manager's determination regarding subsection (5) of this Section III shall be final. (7) Nothing in these guidelines shall make the author of any statement or argument exempt from any civil or criminal action because of any defamatory statements offered for printing or contained in the Voter's Pamphlet. The persons writing, signing or offering a statement or argument for filing shall be deemed its authors and publishers. (8) The City Manager shall notify a person who offered a portrait, statement, argument or other matter that was rejected pursuant to this section. Subject to the Voter's Pamphlet deadlines, the City Manager will allow the person upon notification to revise the portrait or statement so that it does not violate the provisions of this section. IV. Submission and Printing of Arguments /Statements of Endorsement For or Against a Measure or Candidate (1) Arguments or statements of endorsement must be filed within 70 days of the date of a general election or 68 days of the date of a special election. Arguments or statements of endorsement for or against the measure or the candidate shall not exceed 325 words. Arguments or statements of endorsement must include a signature of the individual responsible for submission. (2) Each argument or statement of endorsement that is printed in the Voter's Pamphlet will include the name of the person who submitted the argument, the name of the organization the person represents (if any), whether the argument supports or opposes the measure or the candidate, and a disclaimer that the argument does not constitute an endorsement by the City and that the City does not warrant the accuracy of any statement made in the argument. (3) The City Manager shall determine a fee for filing an argument or statement of endorsement, not to exceed $300. If a person is unable to pay the filing fee, the City Manager may waive the fee. (4) The City Manager shall reject any statement, argument or other matter offered for filing and printing in the Voter's Pamphlet in the same manner as outlined in Section III (4). RESOLUTION NO. 2014 -23 V. Candidate Statement Fees (1) A candidate must pay a fee of $25.00 for inclusion in the voter's pamphlet. Fees are due at the time the candidate submits his or her portrait and candidate statement. VI. Distribution and Access to the Voter's Pamphlet (1) The City Manager may publish the Voter's Pamphlet in hard -copy or electronically. a. A hard -copy voter's pamphlet may be produced and distributed in a manner that provides voters with reasonable access to the pamphlet. Reasonable access may include, but is not limited to, providing copies of the Voter's Pamphlet through a city -wide newsletter such as the "Team Springfield" newsletter, at City Hall, the Springfield Library, or other public facility. (Mailing hard copies to each eligible voter is not required to provide reasonable access); or b. An electronic voter's pamphlet may be provided on the City website or may be provided through a website created for the sole purpose of providing voters with information about upcoming elections. (2) The City Manager shall provide the Voter's Pamphlet in a manner that is reasonably likely to reach registered and potential voters no later than 21 days before the election. Distribution of hard -copy voter's pamphlets to Springfield residences are "reasonably likely" to reach'voters. (3) If the pamphlet is only available electronically, the City Manager shall provide notice to voters that the Voter's Pamphlet is available online. The City Manager will have discretion to select a method that is reasonably likely to reach voters; methods may include, but are not limited to, mailing a post -card to Springfield residences notifying the voter(s) of the electronic pamphlet or notification in a city or local newspaper. VII. Construction and Interpretation of this Policy (1) The provisions of this Policy shall be liberally construed to provide the City Manager or designee with the authority and flexibility to affect the purposes of this Policy. (2) Any aspect of the voter's pamphlet not specified in this policy or made ambiguous by the provisions of this policy shall not restrict the City Manager's authority to use his or her discretion in determining reasonable means to implement this policy. (3) The information presented here is not the view of the City. This information is a means of disseminating candidates' and others' views. This is only a platform for information. The information has not been verified for accuracy or truthfulness. The City accepts no responsibility for the accuracy or veracity of the statements or information contained herein. 4 RESOLUTION NO. 2014 -23