H3. Resolution 5925 - ElectionsCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO:
FROM:
SUBJECT:
MEETING DATE:
MEMORANDUM
Doug Russell, City Manager
Charles Harball, City Attorney
Tel 406.758.7709
Fax 406.758.7758
charball@kalispell.com
Resolution No. 5925 — A Resolution of Intent to Hold Primary
and General Municipal Elections
June 17, 2019 — Regular Council Meeting
BACKGROUND: The 2015 State Legislative body passed an election law designed to
improve communications between municipalities and county election departments. This
law, codified at MCA §13-1-405, directs that municipalities should pass a resolution at
least 85 days prior to the primary municipal election communicating its intent to hold a
primary and general elections and to further indicate whether the election will be
conducted at the polls or by mail.
June 17, 2019 is 85 days prior to September 10, 2019 and is therefore the deadline
to pass a resolution. This date also happens to be prior to the filing deadline. Therefore,
Resolution No. 5925 has been drafted to allow the City to cancel the primary election if
none of the open council seats has more than two individuals filed in each race. The
resolution also designates that the elections should occur at the polls rather than by
mail.
RECOMMENDATION: City Council should consider and pass a motion calling for
municipal primary and general elections.
ALTERNATIVES: Council may seek further clarification and information from staff or
offer amendments to the proposed draft.
RESOLUTION NO. 5925
A RESOLUTION CALLING FOR A PRIMARY ELECTION TO BE HELD ON SEPTEMBER
10, 2019 AND CALLING FOR A GENERAL ELECTION TO BE HELD ON NOVEMBER 5,
2019 FOR THE OPEN KALISPELL CITY COUNCIL POSITIONS IN WARD 1, WARD 2,
WARD 3 AND WARD 4.
WHEREAS, pursuant to MCA Title 13, Chapter 1, in order to consolidate, simplify and standardize
the government election process, local governments, including incorporated municipal
governments, should pass a resolution, at least 85 days prior to an election, calling for
the election to occur on the election day established in accordance with Title 13 of the
Montana Code Annotated; and,
WHEREAS, the primary election day for 2019, as established by MCA §13-1-107, is September
10, 2019 and the general election day for 2019 as established by MCA § 13-1-104 is
November 5, 2019; and,
WHEREAS, in 2019 the City of Kalispell has a total of four City Council positions open for election,
in Ward 1, Ward 2, Ward 3 and Ward 4; and,
WHEREAS, the Kalispell City Council finds that it is in the best interests of the City that the election
be conducted at the election polls established by the Flathead County Election
Department.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. The Kalispell City Council hereby calls for a primary election to be held at the
election polls established by the Flathead County Election Department on
September 10, 2019 for the open positions of City Council Member in Ward 1,
Ward 2, Ward 3 and Ward 4 and further calls for a general election to be held
at the election polls for the same open positions on November 5, 2019. In the
event that it is determined after the filing deadline that a primary election is not
necessary, the City Clerk is directed to contact the Flathead County Election
Department and cancel the primary election.
SECTION 2. The City Clerk is directed to provide a copy of this resolution to the Flathead
County, Montana Election Department without delay.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 17TH DAY OF JUNE 2019.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk