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V.4. First Reading Ordinance Amending Chapter 4 of the Hopkins Charter (Write-in Candidates); Domeier CITY OF HOPKINS City Council Report 2025-011 To: Honorable Mayor and Council Members Mike Mornson, City Manager From: Amy Domeier, City Clerk Date: January 21, 2025 Subject: Ordinance No. 2025-1221 Amendment of the Hopkins Charter by Ordinance _____________________________________________________________________ RECOMMENDED ACTION MOTION TO Approve for First Reading Ordinance 2025-1221 Amendment of the Hopkins Charter by Ordinance. PREVIOUS ACTION The Charter Commission voted 11-0 to move forward with this amendment at their May 29 and July 31 meetings. The City Council voted 4-1 to move forward with amendment at the October 1 public hearing. The motion failed since a 5-0 vote was required to hold the second reading. The Charter Commission voted unanimously again on November 20 to move forward with the amendment asking the Council to reconsider before moving the item to a future voting ballot. OVERVIEW The Hopkins Charter Commission is proposing amending the City Charter to change the process for counting write-in votes during municipal elections. The proposed amendment is based on the following: • Counting only registered write-in candidates aligns with the write-in recording process with Federal, State and County offices. • By adopting this change into the City Charter, a resident would need to request 7-days in advance to have their write-in votes tallied by local election officials. This change would provide a clear path for the write-in candidate process. • The write-in option on a ballot is only for when a resident would like to vote for someone whose name is NOT listed. It is unnecessary to write in a candidate’s name when they already appear on the ballot; marking the oval next to that candidate’s name is the correct way to vote for them. Selecting a candidate AND writing their name in is considered an overvote and the vote would not be counted. Administration • Staff reviewed election results going back to 2007 and write-in votes have never been mathematically significant in the outcome of a race, making the counting process time-consuming and unnecessary. The proposed amendment to the City Charter would require the following: • If a write-in candidate for mayor or city council who wants their write-in votes to be counted in the general election, they would need to file a written request with the city clerk within the timeline established in Minnesota Statues, section 204B.09, subdivision 3. • All write-in votes cast for candidates who have not filed a written request to have these votes counted shall be treated collectively as votes for a single candidate. When write-in votes tallying is necessary to determine the outcome: • If no candidate wins outright or if the election results are close, the tally of write- in votes could impact the outcome. A write-in candidate could win if they receive enough votes to surpass other candidates in the same race. The Ordinance Amendment requires a 5-0 City Council vote to move forward for a second reading on February 4. If the Ordinance Amendment does not have a unanimous vote, it will be sent back to the Charter Commission. The Charter Commission will decide whether to place the proposed amendment on a future voting ballot. SUPPORTING INFORMATION • Ordinance 2025-1221 • Sample Municipal Resolution for counting write-in votes • Sample Written Request by Write-in Candidate for Local Offices CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2024-1221 AMENDMENT OF THE HOPKINS CHARTER BY ORDINANCE The City Council of the City of Hopkins, upon recommendation of and from the Hopkins City Charter Commission does hereby ordain and thus amend and adopt the following changes, deletions, and amendments of or from the following chapters and sections of the Hopkins City Charter: SECTION 1. Section 4.02 – Candidates is amended by adding the underlined language as follows: Section 4.02. Candidates. A candidate for a city office shall file an affidavit not more than 70 days and not less than 56 days before the municipal general election with the city clerk, or application on behalf of any qualified voter of the city whom they desire to be a candidate may be made as per state law. In either case, the filing fee shall be $25.00. Such affidavit or application shall state that the candidate is a qualified voter of the city and name the office for which he is a candidate. Any candidate may withdraw not later than 12:00 noon of the day following the last day for filing by filing a notice of withdrawal with the city clerk. The City Council must adopt a resolution requiring a write-in candidate for mayor or city council who wants their write-in votes to be counted in the general election to file a written request with the city clerk within the timeline established in Minnesota Statues, section 204B.09, subdivision 3. All write-in votes cast for candidates who have not filed a written request to have these votes counted shall be treated collectively as votes for a single candidate. SECTION 2. The effective date of this ordinance shall be effective 90 days after publication. First Reading: January 21, 2025 Second Reading: February 4, 2025 Date of Publication: February 13, 2025 Date Ordinance Takes Effect: May 14, 2025 By_____________________ Patrick Hanlon, Mayor ATTEST: _______________________ Amy Domeier, City Clerk SAMPLE Municipal Resolution for counting write-in votes RESOLUTION FOR COUNTING WRITE-IN VOTES FOR LOCAL ELECTIVE OFFICE WHEREAS, Minnesota Statute 204B.09, subdivision 3 allows for the governing body of a statutory or home rule charter city to adopt a resolution governing the counting of write-in votes for local elective office. WHEREAS, the current write-in vote counting process is overly time consuming and unnecessary. Counting only registered write-in candidates aligns the write-in recording process with Federal, State and County offices. THEREFORE, NOW BE IT RESOLVED that the City of _________ hereby requires candidates for city office to file a written request with the chief election official no later than the seventh day before the city election if the candidate wants to have the candidate’s write-in votes individually recorded. Written Request by Write-in Candidate for Local Offices Instructions Candidate Statement Complete the following statement to request that write-in votes cast for your name be counted according to Minnesota Statutes 204B.09, subd. 3. This statement may be used to register as a write-in candidate for any elected municipal or school district office on the ballot in the election and jurisdiction specified below. The form must be issued by the jurisdiction administering the election, and the issuing local election official should complete the Election Information section. The candidate requesting write-in votes should complete the Candidate Information section and sign affirming they agree with the statement below. The form may be signed digitally or by hand. By completing this form and signing my name below, I formally request that all write-in votes cast for me with the name, for the office, and at the election listed above, be counted by the local election jurisdiction issuing this form in accordance with Minnesota Statutes 204B.09, subd. 3. Election Information Candidate Information Signature Date Candidate Name: Residential Address: Office sought: Date of Election: Filing Period: Jurisdiction Name: Beginning Date End Date Revised 8/8/2024