Agenda Item 7B
February 7, 2017
Action
MEMORANDUM
February 3, 2017
TO:
FROM:
SUBJECT:
County Council
r(\
Robert H. Drummer, Senior Legislative
Attomey~
Action: Bill 50-16, Elections - Special Elections - Executive Vacancy
, Government Operations and Fiscal Policy Committee recommendation (3-0): approve the Bill
as introduced.
Bill 50-16, Elections - Special Elections - Executive Vacancy, sponsored by Lead Sponsor
Councilmember Leventhal, was introduced on December 13,2016. A public hearing was held on January
24 and a Government Operations and Fiscal Policy Committee worksession was held on January 30.
Bill 50-16 would require a special election to fill a vacancy in the Office of the Executive under
certain conditions and establish the procedures for conducting a special election.
Background
In 2014, the Maryland General Assembly proposed an amendment to the Maryland Constitution
to enable a county to enact a local law requiring a special election to fill a vacancy in the Office of County
Executive. See 2014 Maryland Laws, Chapter 261 at ©7-12. The Maryland voters approved this
amendment to the Maryland Constitution at the 2014 election. Pursuant to this authority, the Council
proposed a Charter Amendment that would authorize the Council to enact a law requiring a special election
to fill a vacancy in the Office of the Executive. The County voters approved this Charter Amendment at
the 2016 election last November. See Question A at ©13-16.
Bill 50-16 would implement this authority by requiring a special election to fill a vacancy in the
Office of the Executive that occurs before December 1 of the year before a year in which a quadrennial
state election will be held. The procedures for the special election would be the same as a special election
to fill a Council vacancy.
Public Hearing
There were no speakers at the January 24 public hearing.
January 30 GO Worksession
The Committee discussed the Bill, the cost ,to run a special election, and the will of the voters
approving the Charter amendment last November authorizing the Council to enact this law. The
Committee recommended (3-0) approval as introduced.
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Issues
1.
What is the fiscal impact of the Bill?
OMB estimated the cost of a special election for County Executive to be between $2.3 million and
$2.5 million. See ©17-22. These funds would only be spent if there was a vacancy in the Office of the
Executive that occurs before December 1 of the year before a year in which a quadrennial state election
will be held. OMB estimated a cost of $2.3 million to operate a standard polling place election with a
primary and a general election. The estimated cost for an election by mail is $2.5 million.
2. Who would decide if a special election is done by polling place or mail?
In 2014, the Maryland General Assembly authorized the Council to decide if a special election to
fill a vacancy on the Councilor in the Office of the Executive should be conducted by polling places or
by mail. See Md. Election Law §9-501(d) at ©10-11. The Council must decide this in the resolution
establishing the dates for the special election.
3. Should the Bill be enacted?
A special election to fill a vacancy in the Office of the Executive gives the County voters a direct
voice in the selection. While the right of the people to vote for an Executive cannot be minimized, it does
come with a significant cost.
It
would likely require a supplemental appropriation due to the uncertainty
of a vacancy. A stand-alone special election is estimated to cost between $2.3 million and $2.5 million.
Candidates would also be eligible to seek public campaign financing for the election campaign. OMB did
not estimate the cost for public campaign financing for one or more candidates. In addition, if a member
of the Council is elected, a second special election to fill that seat might be required if it occurs early
enough in the term.
l
Therefore, the OMB estimate of$2.5 million for a special election is likely too low.
However, if
it
is important enough to conduct a special election for a Council vacancy, it is difficult to
argue that it is not important enough to conduct a special election for a vacancy in the Office of the
Executive.
It
should also be noted that the County voters approved the Charter Amendment authorizing
the Council to enact Bill 50-16 in the November 2016 general election.
Committee recommendation
(3-0):
approve the Bill as introduced.
This packet contains:
Bill 50-16
Legislative Request Report
2014 Maryland Laws, Chapter 261
2016 Local Ballot Questions
Fiscal and Economic Impact statement
Circle #
1
6
7
13
17
F:\LAW\BILLS\l650 Special Election - County Executive\Action Memo.Docx
A second special election to fill a Council vacancy if a sitting Councilmember is elected Executive would also be required if
the Council appoints a sitting Councilmember to the vacant Office of Executive under current law during the first 2 years of
the term.
1
2
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Bill No.
50-16
Concerning: Elections
Special
Elections - Executive Vacancy
Revised:
1215/2016
Draft No. -::-1---:-_ _
Introduced:
December 13,2016
Expires:
June 13, 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: ---=-=.No=n..:..:e'----_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Councilmember Leventhal
AN
ACT to:
(1)
(2)
(3)
require a special election to fill a vacancy in the Office of the Executive under certain
conditions;
establish the procedures for conducting a special election to fill a vacancy in the Office
of the Executive; and
generally amend the law governing special elections for County elected officials.
By amending
Montgomery County Code
Chapter 16, Elections
Section 16-17
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* *
*
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 50-16
1
Sec.
1.
Section 16-17 is amended as follows:
16-17. Council vacancy
l
Executive vacancy - election required.
(a)
In this Section, the following words have the meanings indicated:
[(1)] ["Board"]
Board
means the Montgomery County Board of
Elections.
[(2)] ["Council vacancy"]
Council vacancy
means a vacancy on the
County Council that must be filled by a special election under this
Section.
2
3
4
5
6
7
8
9
10
11
12
Executive vacancy
means
~
vacancy in the Office of the County
Executive that must be filled by
~
special election under this Section.
Special election
means the combination of
~
special primary election and
~
special general election conducted under this Section.
13
[(3)] ["State law"]
State law
means [Article 33] the Election Law
Article of the Maryland Code, as amended from time to time, any
successor provision, and any other relevant provision of state law.
[(4)
"Special election means the combination of a special primary
14
15
16
17
election and a special general election conducted under this Section.]
(b)
(1)
A vacancy on the Council or an Executive vacancy that occurs
before December 1 ofthe year before a year in which a quadrennial
state election will be held must be filled by a special election as
provided in this Section.
(2)
[The] For
~
18
19
20
21
22
23
24
Council vacancy, the special election must be
conducted among the registered voters of the Council district
represented by the previous member, or among the registered
voters of the entire County when the previous member did not
represent a Council district.
(3)
For an Executive vacancy, the special election must be conducted
among the registered voters ofthe entire County.
f:\law\bills\1650 special election - county executive\bill 1.docx
25
26
27
28
o
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BILL
No.
50-16
29
ill
The person elected to fill a Council vacancy or an Executive
vacancy must meet the same qualifications and residence
requirements, but need not be registered to vote in the same
political party, as the previous [member] office holder.
30
31
32
33
[(4)]
ill
The Councilmember or the Executive elected at a special
34
35
36
37
38
39
election serves:
(A)
from the date the person elected takes the oath ofoffice after
the Board (sitting as a Board of Canvassers under state law)
certifies the result of the special election; and
(B)
for the rest of the unexpired tenn of the previous [member]
office holder.
(c)
Except as otherwise provided in this Section, and to the extent applicable:
(1)
The special election must be conducted in a manner consistent with
provisions of state law that govern special elections to fill
vacancies in the office of representative in Congress.
The
40
41
42
43
44
45
deadlines and time periods required under those provisions of state
law apply to a special Council election or
f!
special Executive
election unless the Council, acting under subsection (d) or
subsection (e), expressly modifies them.
(2)
Except as provided in paragraph (1), the general provisions ofstate
and County
law
that
govern
quadrennial
elections
for
46
47
48
49
50
51
52
53
54
55
Councilmembers and the Executive apply to the special election
conducted under this Section.
(d)
(1)
Within 30 days after a Council vacancy or an Executive vacancy
occurs, the Council must adopt a resolution that:
(A)
sets the dates of the special primary election and the special
general election;
o
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BILL
No. 50-16
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
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81
82
(B)
sets the time line for certification of a candidate for public
campaign financing for the special primary election and the
special general election; and
(C)
takes any other action authorized by this Section or state
law.
If a Councilmember or the Executive submits a resignation with a later
effective date, the vacancy occurs when the Council receives the
resignation.
(2)
Notwithstanding subsection (c)(1), if the Council vacancy or the
Executive vacancy occurs during the period beginning 120 days
before the next regular or special primary or general election
conducted in the County under state law and ending 40 days before
that election, the special primary election provided for by this
Section must be held on the same date as the other election. If a
second regular or special primary or general election conducted in
the County under state law is held more than 30 but less than 60
days after the special primary election referred to in the preceding
sentence, the special general election held under this Section must
be held on the same date as the second other election.
(3)
Notwithstanding any other provision of law, a special primary or
special general election under this Section must not be held within
30 days before or after any regular or special primary or general
election conducted in the County under state law.
(e)
If the Board advises the Council in writing that certain deadlines or other
time periods provided by state law cannot be complied with in a special
election held under this Section, or that compliance with those deadlines
or time periods would be unreasonable or burdensome, the Council may
G
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BILL
No. 50-16
83
84
85
in the resolution set other deadlines or time periods appropriate for the
special election held under this Section.
(f)
Immediately after adopting a resolution under this Section, the Council
must deliver the resolution to the Board.
(g)
Within 7 calendar days after adopting the resolution, the Council must
publish a notice that a vacancy has occurred in at least one newspaper of
general circulation in the County. The notice must specify:
(1)
the dates of the special primary election and the special general
election; and
(2)
the procedures under which a person may be nominated to fill the
vacancy.
(h)
86
87
88
89
90
91
92
93
94
(1)
An individual who has filed a certificate of candidacy for the
special election may, by 5 p.m. on the second business day after
the deadline for filing certificates of candidacy, withdraw the
certificate on a form prescribed by the Board.
95
96
97
98
99
(2)
A candidate to whom a certificate ofnomination is issued may, by
5 p.m. on the second business day after the certificate of
nomination is issued, decline the nomination by filing a certificate
of declination on a form prescribed by the Board.
100
101
102
103
104
105
(i)
The Board must identify the costs it incurred in holding a special election
under this Section and submit a request for a supplemental appropriation
to the Director of the Office of Management and Budget within 60 days
after the special general election.
106
Approved:
107
Roger Berliner, President, County Council
Date
(9
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LEGISLATIVE REQUEST REPORT
Bill 50-16
Elections
-
Special Elections
-
Executive Vacancy
DESCRIPTION:
Bill 50-16 would require a special election to fill a vacancy in the
Office of Executive that occurs before December 1 of the year before
a year in which a quadrennial state election will be held. The
procedures for the special election would be the same as a special
election to fill a Council vacancy.
The County voters approved a Charter Amendment to authorize a
special election to fill a vacancy in the Office of Executive at the 2016
general election.
Provide for a special election to fill a vacancy in the Office of
Executive that occurs before December 1 of the year before a year in
which a quadrennial state election will be held.
County Attorney
To be requested.
To be requested.
To be requested.
To be researched.
Robert H. Drummer, Senior Legislative Attorney
Applicable.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
None
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MARTIN O'MALLEY, Governor
Ch.261
Chapter 261
(House Bill 1415)
AN ACT concerning
Chief Executive Officer or County Executive - Special Election to Fill a
Vacancy in Office
l\IC 33 It
FOR the purpose of proposing an amendment to the Maryland Constitution to provide
that a county charter may provide for the filling of a vacancy in the office of
chief executive officer or county executive of a county by special election;
proposing an amendment to the Maryland Constitution regarding a special
election to fill certain vacancies in office; submitting an amendment to the
Maryland Constitution to the qualified voters of the State for their adoption or
rejection; altering provisions of law regarding the filling of a vacancy by special
election to allow a county to have a special election to fill a vacancy in the office
of chief executive officer or county executive; authorizing a special election to fill
a vacancy in the office of chief executive officer or county executive of a charter
county to be conducted by mail; providing for the effective dates of this Act;
providing for the termination of certain provisions of this Act under certain
circumstances; and generally relating to the filling of a vacancy in the office of
chief executive officer or county executive by special election.
BY proposing an amendment to the Maryland Constitution
Article XI-A - Local Legislation
Section 3
BY proposing an amendment to the Maryland Constitution
Article XVII - Quadrennial Elections
Section 2
BY repealing and reenacting, without amendments,
Article - Election Law
Section 5-303 and 9-501(a),
(b),
and (c)
Annotated Code of Maryland
(2010 Replacement Volume and 2013 Supplement)
BY repealing and reenacting, with amendments,
Article - Election Law
Section 8-401 and 9-501(d)
Annotated Code of Maryland
(2010 Replacement Volume and 2013 Supplement)
-1­
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Ch.261
2014 LAWS OF MARYLAND
BY repealing and reenacting, with amendments,
Article - Local Government
Section 10-205
Annotated Code of Maryland
(2013 Volume)
SECTION
1.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, (Three-fifths of all the members elected to each of the two Houses
concurring), That it be proposed that the Maryland Constitution read as follows:
Article XI-A - Local Legislation
3.
Every charter so formed shall provide for an elective legislative body in which
shall be vested the law-making power of said City or County. Such legislative body
in
the City of Baltimore shall be known as the City Council of the City of Baltimore, and
in any county shall be known as the County Council of the County. The chief executive
officer
OR COUNTY EXECUTIVE,
if any such charter shall provide for the election of
such executive officer
OR COUNTY EXECUTIVE,
or the presiding officer of said
legislative body, if such charter shall not provide for the election of a chief executive
officer
OR COUNTY EXECUTIVE,
shall be known in the City of Baltimore as Mayor of
Baltimore, and in any County as the President or Chairman of the County Council of
the County, and all references in the Constitution and laws of this State to the Mayor
of Baltimore and City Council of the City of Baltimore or to the County Commissioners
of the Counties, shall be construed to refer to the Mayor of Baltimore and City Council
of the City of Baltimore and to the President or Chairman and County Council herein
provided for whenever such construction would be reasonable. From and after the
adoption of a charter by the City of Baltimore, or any County of this State, as
hereinbefore provided, the Mayor of Baltimore and City Council of the City of
Baltimore or the County Council of said County, subject to the Constitution and Public
General Laws of this State, shall have full power to enact local laws of said City or
County including the power to repeal or amend local laws of said City or County
enacted by the General Assembly, upon all matters covered by the express powers
granted as above provided, and, as expressly authorized by statute, to provide for the
filling of a vacancy in the County Council
OR IN THE CHIEF EXECUTIVE OFFICER
OR
COUNTY EXECUTIVE
by special election; provided that nothing herein contained
shall be construed to authorize or empower the County Council of any County in this
State to enact laws or regulations for any incorporated town, village, or municipality
in said County, on any matter covered by the powers granted to said town, village, or
municipality by the Act incorporating it, or any subsequent Act or Acts amendatory
thereto. Provided, however, that the charters for the various Counties shall specify the
number of days, not to exceed forty-five, which may but need not be consecutive, that
the County Council of the Counties may sit in each year for the purpose of enacting
legislation for such Counties, and all legislation shall be enacted at the times so
-2­
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1'v1ARTIN O'MALLEY, Governor
Ch.261
designated for that purpose in the charter, and the title or a summary of all laws and
ordinances proposed shall be published once a week for two successive weeks prior to
enactment followed by publication once after enactment in at least one newspaper of
general circulation in the county, so that the taxpayers and citizens may have notice
thereof. The validity of emergency legislation shall not be affected if enacted prior to
the completion of advertising thereof. These provisions concerning publication shall
not apply to Baltimore City. All such local laws enacted by the Mayor of Baltimore and
City Council of the City of Baltimore or the Council of the Counties as hereinbefore
provided, shall be subject to the same rules of interpretation as those now applicable
to the Public Local Laws of this State, except that in case of any conflict between said
local law and any Public General Law now or hereafter enacted the Public General
Law shall control.
Article XVII - Quadrennial Elections
2.
Except for a special election that may be authorized to fill a vacancy in a County
CouncilOR A VACANCY IN THE OFFICE OF CHIEF EXECUTIVE OFFICER OR
COUNTY ExECUTIVE, under Article XI-A, Section
3
of the Constitution, elections by
qualified voters for State and county officers shall be held on the Tuesday next after
the first Monday of November, in the year nineteen hundred and twenty-six, and on
the same day in every fourth year thereafter.
SECTION
2.
AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:
Article - Election Law
5-303.
(a)
Except as provided in subsections
(b)
and (c) of this section:
(1)
in the year in which the Governor is elected, a certificate of
candidacy shall be filed not later than
9
p.m. on the last Tuesday in February in the
year in which the primary election will be held; and
for any other regularly scheduled election, a certificate of
candidacy shall be filed not later than 9 p.m. on the Wednesday that is 83 days before
the day on which the primary election will be held.
(2)
A certificate of candidacy for an office to be filled by a special election
under this article shall be received and filed in the office of the appropriate board not
later than
5
p.m. on the Monday that is
3
weeks or 21 days prior to the date for the
special primary election specified by the Governor in the proclamation for the special
primary election.
(b)
-3­
(j)
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Ch.261
2014 LAWS OF MARYLAND
(c)
The certificate of candidacy for the election of a write-in candidate shall
be filed by the earlier of:
(1)
7 days after a total expenditure of at least $51 is made to promote
the candidacy by a campaign finance entity of the candidate; or
(2)
5 p.m. on the Wednesday preceding the day of the election for
which the certificate is filed.
8-401.
(a)
A special primary election and a special general election may be held at a
time other than the date of a regular primary election and a regular general election:
(1)
to fill a vacancy in the office of Representative in Congress; or
(2)
to fill a vacancy in the county councilOR IN THE OFFICE OF
CHIEF EXECUTIVE OFFICER OR COUNTY EXECUTIVE if the charter of that county
provides for special elections.
(1)
Special elections to fill a vacancy in the office of Representative in
Congress shall be held at the time specified in Subtitle 7 of this title.
(b)
(2)
Special elections to fill vacancies in a county councilOR IN THE
OFFICE OF CHIEF EXECUTIVE OFFICER OR COUNTY EXECUTIVE shall be held as
provided in the county charter.
(c)
An election to
fill
a vacancy in the office of United States Senator shall be
held concurrently with a regular election as provided in Subtitle 6 of this title.
9-501.
This subtitle applies only to a special election that
concurrently with a regularly scheduled primary or general election.
illl
IS
not held
ill
this subtitle.
Voting by mail may be utilized in a special election in accordance with
A special election to fill a vacancy in the Office of Representative in
Congress shall be conducted by mail if the Governor's proclamation issued under
§
8-710 of this article directs that the election be conducted by mail.
@
M.
ill
In this subsection, "local special election" means a special election
-4­
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MARTIN O'MALLEY, Governor
Ch.261
fill a vacancy in the OFFICES OF county council MEMBER.
CHIEF EXECUTIVE OFFICER. OR COUNTY EXECUTIVE of a charter county if the
charter of that county provides for special elections;
fill a vacancy in the board of county commissioners of a code
home rule county if a local law enacted by that county provides for special elections;
@
ill
(iii) fill a vacancy in the board of county commissioners of a
commission county if a law provides for special elections;
(iv) fill a vacancy in a local board of education if State law
provides for special elections;
elect members of a charter board or submit a proposed
charter to the voters for adoption or rejection in accordance with Article XI-A,
§
1A of
the Maryland Constitution; or
(vi) submit a local law enacted by a code home rule county to the
voters for adoption or rejection in accordance with
§
9-313 of the Local Government
Article.
A local special election shall be conducted by mail if the resolution
of the county councilor board of county commissioners establishing the date of the
special election directs that the election be conducted by mail.
Article - Local Government
10-205.
A county may provide for the conduct of a special election to fill a vacancy in the
county councilOR IN THE OFFICE OF CHIEF EXECUTIVE OFFICER OR COUNTY
EXECUTIVE.
SECTION 3. AND BE IT FURTHER ENACTED, That the General Assembly
determines that the amendment to the Maryland Constitution proposed by Section 1
of this Act affects multiple jurisdictions and that the provisions of Article XIV,
§
1 of
the Maryland Constitution concerning local approval of constitutional amendments do
not apply.
SECTION 4. AND BE IT FURTHER ENACTED, That the amendment to the
Maryland Constitution proposed by Section 1 of this Act shall be submitted to the
qualified voters of the State at the next general election to be held in November 2014
for their adoption or rejection pursuant to Article XIV of the Maryland Constitution.
At that general election, the vote on this proposed amendment to the Constitution
shall be by ballot, and upon each ballot there shall be printed the words "For the
Constitutional Amendment" and "Against the Constitutional Amendment," as now
M
m
-5­
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Ch.261
2014 LAWS OF MARYLAND
provided by law. Immediately after the election, all returns shall be made to the
Governor of the vote for and against the proposed amendment, as directed by Article
XIV of the Maryland Constitution, and further proceedings had in accordance with
Article XIV.
SECTION 5. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall
take effect on the taking effect of Section 1 of this Act.
If
Section 1 of this Act does not
take effect, Section 2 of this Act shall be abrogated and of no further force and effect.
SECTION
@=:
6. AND BE IT FURTHER ENACTED, That, except as provided in
Sections 3
aftd"
4, and 5 of this Act, this Act shall take effect June 1, 2014.
Approved by the Gove:rnor, assigned a chapter number, enactment subject to
constitutional referendum, May 5,
2014.
-6­
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r· ."
t"" "".
~"
Isiah
Leggett
County Executive
Marc P. Hansen
County Attorney
OFFICE OF THE COUNTY A TIORNEY
August 9, 2016
Margaret Jurgensen, Election Director
Board of Elections
.
18753-210 North Frederick Avenue
Gaithers~urg,
MD 20879
Re:
Certification of Local Ballot Questions
Dear Ms. Jurgensen:
In
accordance with the requirements of Section 7-1 03(c)(3) of the Election Law Article,
Ann.
Code of Md., I certify for inclusion on the 2016 General Election ballot the following Local
Ballot questions.
Please note that Questions B and C must not appear on the ballot unless a petition
containing the amendment set out
ill
Question B qualifies for inclusion bn the 2016 ballot.
Question A
Charter amendment
by
act of County Council
County Executive Vacancy - Special Election
Amend Section 205 of the County Charter to recognize that under State law the County Council
may provide for a special election to fill a vacancy in the office of County Executive.
FOR
AGAINST
101 Monroe Street, Third Floor, Rockville, Maryland 20850
240-777-6740
(fax)
240-777-6705 °marc.hansen@montgomerycountymd.gov
0
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-'-
..
~.
.
.
.
.. -.- -
~...
: .- :-: I
Margaret Jurgensen, Election Director
August 9,2016
Page 2
Question B
Charter amendment
by
petition
Term Limits - County Council and County Executive
Amend Sections 105 and 202 ofthe County Charter to:
--limit the County Executive and
members of the County Council to 3 consecutive terms
in
office;
--provide that a County Executive and any member of the County Council who will have
served 3 or more consecutive terms on December 3, 2018, cannot serve another successive term
in the same office; and
--provide that service of a term includes complete service of a full term and partial
service of a full term.
FOR
AGAINST
Question C
Charter amendment
by
act of County Councl
Term of Office - County Council and County Executive - Partial Service of a Full Term
Amend Sections 105 and 202 ofthe County Charter to provide that partial service of a full term
for either a Councilmember or the County Executive means service of more
than
two years of a
term.
FOR
AGAINST
A Spanish translation of the Local Ballot questions is attached.
Sincerely yours,
Ina"
Jt-.
Ik~
. Marc P. Hansen
County Attorney
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..... , ··::1
;.:.'-"::.,.-...... ........._•..-. .....
'-1
!., .: ...
··1
I···:·:··..
I ....
Margaret Jurgensen, Election Director
August 9, 2016
Page
3
Attachment
cc: Nancy Floreen, President, Montgomery County Council
Isiah Leggett, County Executive
Timothy Firestine, Chief Administrative Officer
Bonnie Kirkland, Assistant Chief Administrative Officer
Robert Drummer, Sr. Legislative Attorney
Josh Hamlin, Legislative Attorney
Edward Lattner, Chief, Division of Government Operations
MPH:tjs
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·····.. 1
I
PreguntaA
Reforma del Estatuto por acto del Consejo del Condado
Vacantes en la oficina del Ejecutivo del Con dado - Edici6n Especial
Reformar secci6n 205 del Estatuto del Condado para reconocer que bajo la ley estatal el Consejo
del Condado podra proveer una elecci6n especial para llenar una vacante en la oficina del
Ejecutivo del Condado.
A favor
En contra
Pregunta B
Reforma del Estatuto por petici6n
Limites de termino - EI Consejo del Condado
y
el Ejecutivo del Condado .
Refonnar secciones 105 y 202 del Estatuto del Condado para:
limitar a el Ejecutivo del Condado y a los miembros del Consejo del Condado a 3
terminos consecutivos en
1a
oficina.
proveer que el Ejecutivo del Condado y cualquier miembro del Consejo del Condado que
hayan servido 30
mas
terminos consecutivos el3 de Diciembre del 2018, no podran
servir a otro termino sucesivo en la misma oficina; y
. proveer que el servicio de un termino incluye el servicio completo de un termino y el
servicio parcial de un termino completo
A favor
En contra
Pregunta C
Reforma del Estatuto por acto del Consejo del Con dado
Terminos en la oficina - EI Consejo del Con dado
y
el Ejecutivo del Condado - Servicio
parcial de un termino completo.
Reformar secciones 105 y 202 del Estatuto del Condado para proveer que un servicio parcial de
un termino completo, ya sea de un miembro del Consejo
0
el Ejecutivo del Condado, significa
servicio de mas de dos afios de un termino.
A favor
En contra
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ROCKVILLE, MARYLAND
MEMORANDUM
January 23, 201 7
TO:
FROM:
Roger Ber/iner, President,. County Council
Jennifer A. Hug
irector, Ofllce ofManagement and Budget
Alexandre A. E pi osa, Director, Department of Finance!ft..
FEIS fbr Bill
50~
16,
-
SUBJECT:
Special Elections- Executive
Vacancy
Please find attached the fiscal and economic impact statements for the above­
referenced legislations.
JAH:fz
cc: Bonnie Kirkland, Assistant Chief j\dministrative Omcer
Lisa Austin, Offices ofthe County Executive
Joy Numl1, Special Assistant to the County Executive
Patrick Lacefield, Director, Public
lntonnation
Office
Margaret Jurgensen, Director, Board of Elections
David Platt, Department of Finance
Dennis Helman, Department of Finance
Helen Vallone, Otlice of Management :md Budget
Naeem Mia, OfTice of Mrulagement and Budget
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Fiscal Impact Statement
Bm 50-16,
Special Elections - Executive Vacancy
1. Legislative Slmunary
Requires a special election to
till
a vacancy in the Offke of the County Executive that
occurs before December 1 of the year before a year in which a quadrennial state election
will
be
held. The procedures
for
the special election would be the same as a special
election to fiU a Council vacancy.
2. An estimate ofchanges in County revenues and expenditures regardless of whether the
revenues or expenditures arc assumed in the recommended or approved budget. Includes
source of infonnation, assumptions, and methodologies used.
There would be no change in revenues. None of the expenditures for a special election
are assumed in the recommended or approved budget. nor are any anticipated now. In the
event of a vacancy that requires a special election, the costs of a primary and general
election would be funded through a supplemental appropriation.
The approximate cost of both a primary and general special election would be $2.3
million to $2.5 million. Bow these costs are allocated \vould vary depending on whether,
in its resolution establishing the date ofthe election, the Council opts to conduct the
election using traditional polling places or by mail. Maryland Election Law permits a
speciaJ election to be conducted in two different manners:
• The first is the tr'dditional election model, '''''ith polling places open across the county.
Voters who prefer to vote by mail may apply for an absentee ballot. No early voting
for a special election is currently authorized by law.
• The second is a special election by mai1. The Counci I has the option to select this
option in its resolution establishing the date ofthc election. If the Council does so, all
registered voters in Montgomel)' County would
be
mailed a ballot In addition, the
Board of Elections wouJd
be
required to open vote centers in each oftbe five Council
districts, This is a new option, and tbere are a few idiosyncrasies in the law that the
Council may \\;sh to work
'with
the Montgomery County delegation to the legislature
to
clarify
prior to selecting this modeL For instance, absentee ballots would not
be
accepted at vote centers; all ballots cast at a vote center would be considered
provisional ballots.
In
addition, the local board of election would be prohibited from
releasing any results until midnight.
If the Council opts to conduct an election in the traditjonaI manner, the bulk of the costs
would be for Election Judge recruiting and training, payment of Election Judge stipends
and the mailing of a sample ballot. There would also
be
higher costs for facility rentals
and equipment delivery than for a special election
by
mail. Facility rental costs would
be determined based on whether the
facility
was a government O'\vned or private location.
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If the Council opts to conduct the election by mail, the bulk of the costs would be for
printing and postage of ballots and for tempol'ary employees and overtime to support
ballot processing and customer service. At the vote cent.ers, there would also
be
some
facility and equipment delivery costs and costs to support recruitment, training and
payment of Election Judge personnel, but those
co~ts
would be significantly less than for
traditional polling places.
3. Revenue and expenditure estimat.es covering at least the next 6 fiscal years.
The figures provided below assume that
the
timing of the vacancy would be such that the
both elections would occur in a single fiscal
year.lfthe
timing ufthe vacancy was such
that
both elections occurred in the same fiscal year,
the
figure for Year 1 could
be
split
between Year 1 and Year 2.
B~'
l)eliverylPkkupofEquipment
$
Overtime
S
MailE;lection .
.... 5,820'
$
75,000
$
1,983,479
1,746,~93.
$
PoU!!!g Place Election
26S~92
. :
75,000
574,78~
Ballot Printing
and Postage
.
$
qutgoin¥
ba.IIot
mailing
$
Retllmpo~tage.
$
Sample Balk1t
$
236,986" $
o
$
198,875
5,910
370,000
Temporary
Employees
Recruiting and Training
Votin~Eq~n:ent
Persomel
Can Center
Custon~r
Service
Ballot
Processing
Election
Judgc~
$
$
$
$
$
$
204,933;
$
94,453 . S
20,928
$
25!136
$
64,416
$
247,916 .•
$
0
S
5,000 .
$
2,522,148 ;
$
353,760 .
261,120 .
63,840
28,800 .'
Polling Place SUllplies
.Documents and Misc. Services
Total
s
$
1,017,840 .'
4,899
5,(}OO
2,296,676 •
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DcliverylPickup
of
Equipment.
All voting equipment is leased through the state and
required to be delivered and picked up using a state vendor.
Overtime. 1ncludes overtime for pefn4'U1ent and temporary employees. Comp time for
permanent employees working side-by-sidewith temporary hires is limited as temporary
employees are ineligible for comp time and can only be compensated for excess hours
using overtime.
Printing and
Postage.
These costs are combined under a state contract for ballot printing
,md postage at a fixed cost of$1.30 per ballot. For a special election by mail, the
cost of
return postage assumes 36% turnout. For a by mail election, no sample ballot would
be
mailed as all necessary voting information would be included in the instructions with the
ballot mailing.
Election
Judges.
For an election by mail, this figure assumes that only county facilities
would be used to minimize costs and that each voting center would be open for six days
preceding the election. In addition, this figure includes thc costs for stipends for Board
members and Election Judges to conduct the official canvass of absentee and provisional
ballots. For a polling place election, this figure assumes
two Chief
Judges and eight
election operations judges per site, plus 32 countywide roamers.
Recruiting and Training.
For
a
special election by mail, this figure assumes two
temporary recruiting cmployees for 14 weeks, one temporary clerical support employee
for 12 weeks, eight temporary trainers for 8 weeks and eight temporary trainers for an
additional two weeks to conduct the
p{)st~election
audit/performance review of Election
Judges. For a polling place election, this assumes tour temporary recruiting employees
for 16 weeks and
sixteen
temporary trainers for 15 weeks.
Voting Equipment Personnel. For a special election
by
mail, this figure assumes two
temporary employees for eight weeks to
a.:;sist
in preparing the poll
books
and voting
equipment for voting, and two temporary employees for four weeks to support the
tabulation of votes and the post-election audit. For a polling place election. this figure
assumes five temporary employees for
sixteen
weeks.
Call
Center.
For a spt..'Cial election
by
mail, this asswlles tour temporary employees
including two bilingual employees to open the Board of Elections Call Center.
Duties
include answering telephones, answering votcr
questions
and perfonning other
ta<;ks
associated with providing direct customer service to voters for eight weeks, including the
necessary time
for
employee training. For a polling place election,
this
assumes t\\'o
tt.mporary employees for ten weeks.
Ballot
Processing. This figure includes $42,944 for eight temporary employees for
handling of ballots received
by
mail. It also includes $21,472 for an additional four
temporary employees to manage requests for a replacement ballot.
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4. An actuarial analysis through the entire amortization period for each bill that would affect
retiree pension or group insurance costs.
Not applicable.
5. An estimate ofexpenditures related to County's information technology
(11')
systems,
including Enterprise Resource Planning (ERP) systems.
.
Not applicable.
It
is not anticipated that a special election would require
C{)unty
IT
resources not otherwise provided in the department budget.
6. Later actions that may affect future revenue and expenditures
if the
bill authorizes future
spending.
This fiscal impact
~1atement
assumes that there will be no early voting for a special
election using traditional polling places.
It
also assumes that vote centers will be open for
the dates and times provided in state law, although the Council
ha..;;
some discretion to
alter the dates and hours that vote centers
will
he open. This fiscal impact statement also
assumes that there will
be
no increases in labor costs, priming, postage or delivery rates,
nor any additional costs hilled
by
the State Board of Elections for system upgrades or
support for a special election.
In addition, the Council andlor the State Board of Elections may provide future guidance
that could significantly affect expenditures. For example, the Board of Elections has not
previoll<;ly conducted an election
by
mail and the County Council and
lor
the State Board
of Elections may
opt to
provide guidance on such matters as whether the Board should
attempt to mail a ballot to the last known address of a voter \vhose previous mail has been
returned undeliverable.
7. An estimate of the staff
time
needed
to implement
the
bilL
The conduct of a special election would consume existing staff resources for 130 days
from the point offiIing of candidates through the two elections, the post-election
procedures that are c,onducted prior to certifying the results (the "canvass"), certification
of the election results. and payment to election judges. Estimated completion would
be
seven weeks after the general election for certification and payment to Electi.on Judges
who served in the election.
8. An explanation of how the addition of new staff responsibilities would affect other duties.
The department would absorb the additional duties associated with a special election
through a combination of overtime and temporary staffing as identified in this fiscal
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impact statement. Additional staffing would be limited to temporary personnel utilizing·
agency
and
county temporary employees.
9. An estimate of costs when an additional appropriation is needed.
A supplemental appropriation of $2.3 to $2.5 million may be needed
if
a
special election
is
needed.
10. A
description of
any
variable that could affect revenue and
cost
estimates.
See
the
response to question
6,
above. The costs of return postage could vary
significantly depending on turnout.
In
addition, the costs of an election could be affected
by
a
recount, challenge, or contest
of the
election
result
11.
Ranges of revenue or expenditures that are uncertain or difficult
to
project.
See the responses to questions
2
and
6,
above.
12. If a bill is likely to have no fiscal impact, why that is the case.
There would only be
a
fiscal impact of this legislation if a vacancy occurs before
December 1
ofthe year before a year in which
a
quadrennial
state
election
will
be
held,
13. Other fiscal impacts or comments.
Not applicable.
14. The following contributed to and concurred \\.r:ith this analysis:
Margaret Jurgensen, Board of Elections
Alysoun N.McLaughlin, Board of Elections
Helen
P. Vallone, Office of tvi<magement and Budget
Date
1/2.
0
/r:l._
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l':conomic Impact
Statement
Bill 50-16 Eledions -
Special
Elections - Executive
Vacancy
Background:
Bill 50-16 would re-quire a special election to fill a vacancy
in
the Office ofthe Executive under
certain
conditiom; and establish the procedures for conducting a special election. In 2014, the Maryland General
Assembly proposed an amendment to the Maryland Constitutioo to enable a county to enact a local law
requiring a special election to
fllJ
a vacancy in the Office of County Executive. The Maryland voters
approved this amendment to the Maryland Constitution at the 2014 election. Pursuant to this
authority,
the
Council proposed
a
Charter Amendment that
would
authorize the Council to enact a law requiring a
special election to
fill
a vacancy in the Office of tile Executive. The County voters approved this Charter
Amendment at the 2016 election in November. Bill 50-16 would implement this authority by requiring a
special election to fill a vacancy in the Office of the Executive that occurs before December I of the year
before a year in which a
quadrennial
state ejection
will
be held.
1.
The sources 6finf6rmation, assumptions,
and
methodologies used.
• 2014 Laws ofMarylalld CIl. 26] Article XVII ._. Quadrennial Elections
This legislation does not have
an
economic impact since
it
only authorizes a special election to fill a
vacancy in the Otlicc ofthe Executive under certain conditions. The procedures
for
the special
election would
be
the same as a special election to fill a Council vacancy. While there
will
be a cost
to the
COUllty
in holding the special election as noted in the fiscal impact statement for
the
bill, the
legislation
will
not have a positive
Of
negative effect on employment. spending,
savings~
investment,
incomes, or property values.
2. A
description
of
any
variable
that could affect
the
economic impact estimates.
This legislation
does not have an economic impact.
3.
The
Bill's
positive or
negativc cffect,
if
any
on
employment, spending,
sa'Vings~
investment,
incomt..'S, and property ,,'alues in
the
County.
Please
see the
answer to question 1.
4.
If
a
Bill
is
likely
to
have no
economic
impact, why is that tbe case?
Please see the answer to question
1.
5. The following contributed to 6r concurred with this analysis:
David Platt, Dennis Hetman, and Robert Hagedoom, Finance.
Alexandre A. Espinosa, Director
Department of Finance
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