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