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VI.1. Adopt for First Reading, Ordinance Amending Section 345 of the Hopkins City Code: Absentee Ballot Boardr� ::e October 7, 2014 Council Report 2014-095 Adopt Ordinance Amending Section 345 of the Hopkins City Code: Absentee Ballot Board Proposed Action Staff recommends adoption of the following motion: Move to adopt for first reading Ordinance 2014- 1078, amending section 345.05 of the Hopkins City Code — Absentee Ballot Board. Adoption of this motion will begin the process of amending Section 345 of the Hopkins City Code to update the duties of the Absentee Ballot Board. Overview In 1996 an Absentee Ballot Board was established in Hopkins. The duties of the board have changed and therefore staff is recommending updating section 345.05 to accurately reflect the changes. The duties of the board are outlined in Minn. Stat. 203B.121, Subd 2. The draft ordinance is in the process of final review by the City Attorney. Primary Issues to Consider • Conformance with current Minnesota Election Laws. Supporting Documents • Proposed Ordinance 2014-1078 • Excerpt from Minnesota Statutes 203B.121 Subd. 2. Alternatives 1. Approve Ordinance 2014-1078 for first reading; or 2. Continue the item for additional information. Staff recommends alternative one. Amy Domeier, City Clerk Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): CITY OF HOPKINS COUNTY OF HENNEPIN ORDINANCE NO. 2014-1078 ORDINANCE AMENDING SECTION 345 ABSENTEE BALLOT BOARD OF THE HOPKINS CITY CODE THE COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: Section 1. Hopkins City Code Section 345 is amended by adding the following underlined language and deleting thetrih�>i language: 345.03 Appointment. An Absentee Ballot Board shall be a board of two or more election judges appointed by the City Council as provided in Sections 20413.19 to 20413.22 if the Minnesota Election Law. 345.05 Duties. The Absentee Ballot Board election judges shall meet and take receipt of all return absentee ballot envelopes from the City Clerk at City Hall. The election judges shall examine and process said absentee ballots pursuant to Minn. Stats. Section 20313.001 et sec. shall be responsible for the following da4ies: Section 2. The effective date of this ordinance shall be the date of publication. First Reading: Second Reading: Date of Publication: Date Ordinance Takes Effect: ATTEST: Amy Domeier, City Clerk October 7, 2014 October 21, 2014 October 30, 2014 October 30, 2014 APPROVED AS TO FORM AND LEGALITY: City Attorney Signature By: Eugene J. Maxwell, Mayor Date MINNESOTA STATUTES 203B121 Ballot Boards Subd. 2.Duties of ballot board; absentee ballots. (a) The members of the ballot board shall take possession of all return envelopes delivered to thein in accordance with section 20313.08. Upon receipt from the county auditor, municipal clerk, or school district clerk, two or more members of the ballot board shall examine each return envelope and shall mark it accepted or rejected in the manner provided in this subdivision. Election judges performing the duties in this section must be of different major political parties, unless they are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10, subdivision 2. (b) The members of the ballot board shall mark the return envelope "Accepted" and initial or sign the return envelope below the word "Accepted" if a majority of the members of the ballot board examining the envelope are satisfied that: (1) the voter's name and address on the return envelope are the same as the information provided on the absentee ballot application; (2) the voter signed the certification on the envelope; (3) the voter's Minnesota driver's license, state identification number, or the last four digits of the voter's Social Security number are the same as the number provided on the voter's application for ballots. If the number does not match the number as submitted on the application, or if a number was not submitted on the application, the election judges must compare the signature provided by the applicant to determine whether the ballots were returned by the same person to whom they were transmitted; (4) the voter is registered and eligible to vote in the precinct or has included a properly completed voter registration application in the return envelope; (5) the certificate has been completed as prescribed in the directions for casting an absentee ballot; and (6) the voter has not already voted at that election, either in person or, if it is after the close of business on the seventh day before the election, by absentee ballot. The return envelope from accepted ballots must be preserved and returned to the county auditor. (c)(1) If majority of the members of the ballot board examining a return envelope find that an absentee voter has failed to meet one of the requirements provided in paragraph (b), they shall mark the return envelope "Rejected," initial or sign it below the word "Rejected," list the reason for the rejection on the envelope, and return it to the county auditor. There is no other reason for rejecting an absentee ballot beyond those permitted by this section. Failure to place the ballot within the security envelope before placing it in the outer white envelope is not a reason to reject an absentee ballot. (2) If an envelope has been rejected at least five days before the election, the envelope must remain sealed and the official in charge of the ballot board shall provide the voter with a replacement absentee ballot and return envelope in place of the rejected ballot. (3) If an envelope is rejected within five days of the election, the envelope must remain sealed and the official in charge of the ballot board must attempt to contact the voter by telephone or e-mail to notify the voter that the voter's ballot has been rejected. The official must document the attempts made to contact the voter. (d) The official in charge of the absentee ballot board must mail the voter a written notice of absentee ballot rejection between six and ten weeks following the election. If the official determines that the voter has otherwise cast a ballot in the election, no notice is required. If an absentee ballot arrives after the deadline for submission provided by this chapter, the notice must be provided between six to ten weeks after receipt of the ballot. A notice of absentee ballot rejection must contain the following information: (1) the date on which the absentee ballot was rejected or, if the ballot was received after the required deadline for submission, the date on which the ballot was received; (2) the reason for rejection; and (3) the name of the appropriate election official to whom the voter may direct further questions, along with appropriate contact information. (e) An absentee ballot return envelope marked "Rejected" may not be opened or subject to further review except in an election contest filed pursuant to chapter 209.