HomeMy WebLinkAboutItem 18 Election Results Municipal Code AmendmentsAGENDA ITEM SUMMARY
Meeting Date:
Meeting Type:
Staff Contact/Dept.:
Staff Phone No:
12/6/2021
Regular Meeting
Kristina Kraaz, CAO
541-744-4061
Estimated Time: 10 Minutes
SPRINGFIELD Council Goals: Provide Financially
CITY COUNCIL Responsible and
Innovative Government
Services
ITEM TITLE: ELECTION RESULTS MUNICIPAL CODE AMENDMENTS
ACTION Conduct a public hearing and first reading the following ordinance:
REQUESTED:
AMENDING SPRINGFIELD MUNICIPAL CODE SECTION 2.275 RELATED
TO THE PROCLAMATION OF ELECTION RESULTS
ISSUE
Whether the Council should amend Springfield Municipal Code 2.275 to modernize
STATEMENT:
and streamline the City's process for declaring election results to remove the
requirement for the City Council and Mayor proclaim election results. The
proposed ordinance places the duty to proclaim election results with the City
Recorder, who is the City's chief election officer, consistent with the process
provided in state statutes.
ATTACHMENTS:
Attachment 1 — Proposed Ordinance
DISCUSSION/
The City Attorney's Office is requesting changes to the Springfield Municipal Code
FINANCIAL
to modernize and streamline the City's procedures for declaring election results.
IMPACT:
Currently, SMC 2.275 requires the City Council to declare to "proclaim the report
of the board of canvassers" and cause the votes to be counted, canvassed and
returned. It also requires the Mayor to proclaim the election of candidates to offices
and publish the election results within 15 days of the election. The code's reference
to the "Board of Canvassers" likely stems from state elections law in the early
1900s. Removal of this code requirement will not affect the validity of past
elections or election results.
The current requirements in SMC 2.275 exceed what is required under the
Springfield Charter. The Section 28 states that the City will follow state election
law unless the charter or municipal code provides another procedure. ORS 254.565
lists the duties of the city's election officer (City Recorder) after an election, which
include delivering certificates of election to the qualified candidate who receives
the most votes and canvassing and proclaiming the results of City measures within
40 days of the election. State law also provides rules for counting votes. State law
does not require that elected officials like the Council or Mayor proclaim results
themselves or that the City specially publish results apart from state procedures.
The proposed ordinance would revise the procedures for declaring election results
to match the procedures in state statute more closely. Final election results would
be proclaimed by the City Recorder to the City Council within 40 days of the
applicable election, in the form of a document provided to the City Council during a
regular session, which need not be voted upon or signed by the Council or Mayor.
CITY OF SPRINGFIELD, OREGON
ORDINANCE NO.
(GENERAL)
AMENDING SPRINGFIELD MUNICIPAL CODE SECTION 2.275 RELATED TO THE
PROCLAMATION OF ELECTION RESULTS
WHEREAS, Chapter VIII, Section 28, of the Springfield Charter provides that all elections must comply
with state law, except as provided otherwise by the Charter or City ordinance;
WHEREAS, ORS 254.565 establishes the duties of the chief city elections officer after an election,
including the duty to proclaim the nomination and election of candidates of city offices and to proclaim
the results of city measures in the case that two or more measures contain conflicting provisions;
WHEREAS, Springfield Municipal Code section 2.275(1) currently requires the City Council to proclaim
the election results provided by a "Board of Canvassers," which body no longer exists under state
elections statutes; and
WHEREAS, as provided in Springfield Municipal Code section 2.205, the City Recorder is the chief
elections filing officer for the City of Springfield;
WHEREAS, the City Council finds that it is in the public interest to amend Springfield Municipal Code
section 2.275 to allow proclamation of election results by the City Recorder, rather than by
proclamation of the Mayor or Council,
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. Section 2.275 is amended to read as follows:
(1) Upon receiving the abstract of the vote tally for nominated or elected officers and
measures from the County, the city recorder will act as follows, no later than 40 days
after the election.
(2) The city recorder must:
(a) Prepare a register of nominations, including the name of each candidate
nominated, the position for which the candidate was nominated, and the date of
entry;
(b) Proclaim to the City Council the candidates nominated or elected and the
measures approved;
(c) Proclaim which measure is paramount if approved measures contain
conflicting provisions; and
(d) Prepare and deliver to each candidate a certificate of nomination or
election.
Section 2. Severability Clause. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereof.
Attachment 1, Page 1 of 2
ADOPTED by the Common Council of the City of Springfield this day of ,
by a vote of for and against.
APPROVED by the Mayor of the City of Springfield this day of ,
ATTEST:
City Recorder
Mayor
Attachment 1, Page 2 of 2