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Item 3.4 Counting Write-In Votes for Local Elective OfficeRequest for City Council Action DEPARTMENT INFORMATION ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Administration City Clerk Etzel July 22, 2024 PRESENTER(s) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty 3.4 – Counting Write-In Votes STRATEGIC VISION MEETS: THE CITY OF OTSEGO: X Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff is recommending the City Council adopt a resolution governing counting of write-in votes. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: During the 2023 Legislative Session several election administration laws were changed. Minnesota Statute §204B.09, Subd. 3(b) states that a governing body of a statutory city may adopt a resolution governing the counting of write-in votes for local elective office. The resolution may: 1)require the candidate to file a written request with the chief election official no later than the seventh day before the city election if the candidate wants to have the candidate's write-in votes individually recorded; or 2)require that write-in votes for an individual candidate only be individually recorded if the total number of write- in votes for that office is equal to or greater than the fewest number of non-write-in votes for a ballot candidate City staff is recommending consideration of a resolution for option two (2) above. If the City Council adopts a resolution under this Statute, it must be adopted before the first day of filing for office. The resolution, if adopted, would remain in effect until a subsequent resolution on the same subject is adopted by the City Council. The Administrative Subcommittee was presented with this information at their July 10, 2024, meeting and provided direction for City Council consideration of approval. SUPPORTING DOCUMENTS ATTACHED: •Resolution 2024-49 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Resolution 2024-49 Counting Write-In Votes for Local Elective Office. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A 1 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2024-49 COUNTING WRITE-IN VOTES FOR LOCAL ELECTIVE OFFICE WHEREAS, the City of Otsego (“the City) regularly holds elections for local elective office(s); and WHEREAS, voters at the elections may cast a ballot for a write-in candidate for a local elective office; and WHEREAS, city and county election officials spend considerable time and resources to count and individually record write-in votes cast; and WHEREAS, in 2023, the Minnesota Legislature amended Minnesota Statue, Section 204B.09, Subd. 3(b), authorizing the City to adopt a resolution governing the counting of write-in votes for local elective office; and WHEREAS, pursuant to Minnesota Statue 204B.09, Subd. 3(b)(2), by adopting a resolution the City may require that write-in votes for an individual candidate only be individually recorded if the total number of write-in votes for that office is equal to or greater than the fewest number of non-write-in votes for a ballot candidate; and WHEREAS, a city that adopts a resolution must do so before the first day of filing for office; and WHEREAS, to better administer the City’s local elections for office the City Council desires to implement the authority provided in Minnesota Statue 204B.09, Subd. 3(b)(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA: Write-in votes for an individual candidate for local elective office shall only be individually recorded if the total number of write-in votes for that office is equal to or greater than the fewest number of non-write in votes for a ballot candidate. BE IT FUTHER RESOLVED pursuant to Minnesota Statue 204B.09, Subd. 3, this resultion shall remain in effect until a subsequent resolution on the same subject is adoopted by the City of Otsego. 2 ADOPTED by the Otsego City Council this 22nd day of July, 2024. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: CITY OF OTSEGO __________________________________ Jessica L. Stockamp, Mayor ATTEST: __________________________________ Audra Etzel, City Clerk