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H5. Reso 6135 - Primary and General Muni ElectionsCity of Kalispell Johma Preble Office of City Attorney City Attomey 201 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 TO: FROM: SUBJECT: MEETING DATE: MEMORANDUM Doug Russell, City Manager Johnna Preble, City Attorney Tel 406.758.7709 Fax 406.758.7758 jpreblegkalispell.com Resolution No. 6135 — A Resolution of Intent to Hold Primary and General Municipal Elections June 5, 2023 — 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 M.C.A. § 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 19, 2023 is 85 days prior to September 12, 2023 and is, therefore, the deadline to pass a resolution. This date also happens to be prior to the filing deadline. Therefore, Resolution No. 6135 has been drafted to allow the City to cancel the primary election if none of the open council seats have more than two individuals filed in each race. The resolution also designates that the elections should occur at the polls rather than by mail. Each City Council ward has one position open for election. In addition, the Municipal Judge position is open for election for a two-year term to complete the term of the former Municipal Judge. RECOMMENDATION: City Council should consider passing Resolution 6135, a resolution calling for a primary election to be held on September 12, 2023, and calling for a general election to be held on November 7, 2023 for the open Kalispell City Council positions in Ward 1, Ward 2, Ward 3 and Ward 4, and for the Municipal Judge position. ALTERNATIVES: Council may seek further clarification and information from staff or offer amendments to the proposed draft. ATTACHMENT: Resolution 6135 RESOLUTION NO.6135 A RESOLUTION CALLING FOR A PRIMARY ELECTION TO BE HELD ON SEPTEMBER 12, 2023 AND CALLING FOR A GENERAL ELECTION TO BE HELD ON NOVEMBER 7, 2023 FOR THE OPEN KALISPELL CITY COUNCIL POSITIONS IN WARD 1, WARD 2, WARD 3 AND WARD 4, AND THE OPEN MUNICIPAL JUDGE POSITION. 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 2023, as established by MCA §13-1-107, is September 12, 2023 and the general election day for 2023 as established by MCA §13-1-104 is November 7, 2023; and, WHEREAS, in 2023 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, in 2023 the City of Kalispell has one Municipal Judge position open for election; 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 12, 2023 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 7, 2023. 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 5TH DAY OF JUNE 2023. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor