Resolution 6187 - Declares Ward 1 and 2 Council VacanciesRESOLUTION NO.6187
A RESOLUTION TO DECLARE WARD 1 AND WARD 2 COUNCIL VACANCIES.
WHEREAS, the municipal general election for the City of Kalispell was held on November 7,
2023; and
WHEREAS, the Flathead County Election Department failed to enter updated ward boundaries
approved by the City of Kalispell in December 2021 into the election system; and
WHEREAS, on December 1, 2023, the Office of the Flathead County Attorney on behalf of the
Flathead County Election Administrator petitioned the Flathead County District
Court to annul the November 7, 2023 election (DV-23-1393); and
WHEREAS, on February 16, 2024, the Flathead County District Court granted the Election
Administrator's Petition in part and set aside the elections in Ward 1 and Ward 2;
and
WHEREAS, on February 28, 2024, the Office of the Flathead County Attorney filed a Motion for
Clarification of the Court's February 161h Order requesting "the Court issue a
clarifying Order requiring that the status quo as of the date of the November election
remain in place — i.e., the incumbents for Wards 1 and 2 remain seated and active
City Council members — until the new election is held on June 4, 2024."
WHEREAS, the Court denied the County's February 281h Motion to Clarify and held that the
incumbents for Wards 1 and 2 shall not remain seated and active City Council
members until the new election is held.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1. That the Kalispell City Council positions for Wards 1 and Ward 2 are hereby
vacant in accordance with § 7-4-4111(11) which states that a municipal
office becomes vacant upon the decision of a competent tribunal declaring
void the incumbent's election.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 4TH DAY OF MARCH, 2024.
Mark Jo"So"
Mayor
Ai ee Brunckhorst, CMC
City Clerk