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04-29-08 Charter Commission Regular MeetingCITY OF HOPKINS CHARTER COMMISSION AGENDA April 29, 2008 6:30 p.m. Hopkins City Hall Downstairs in the Raspberry Room 1. Call to Order 2. Roll Call 3. Approval of the Minutes of the Previous Meeting 4. Election of Chair and Vice -Chair 5. Old Business • Instant Runoff Elections 6. New Business 7. Adjournment ATTACHMENTS: • Charter Commission Roster • Minutes of the April 24, 2007 Charter Commission meeting • Draft Ranked Ballot Voting ordinance • Ranked Choice Voting Issues Group • Legislative and Rules Committee Report • Technical Advisory Committee Report • HF 3006 • Minneapolis Report • FairVote Minnesota's Minneapolis Recommendations 0 2007 Annual Report CHARTER COMMISSION April 1, 2008 Name Term Term Expires Jannina Aristy First 3/10/2012 Dorothy Boen Second 4/13/2008 David Day First 9/22/2007 Liz Dorn First 3/10/2012 Roger Gross Second 4/13/2008 Fran Hesch Second 4/7/2010 Karen Jensen First 10/20/2009 Roger Johnson Second 8/26/2009 Steve Lewis First 9/26/2008 Jerre Miller First 9/26/2008 Emily Wallace -Jackson First 3/5/2012 Chair: Roger Gross Vice -Chair: Emily Wallace -Jackson UNAPPROVED . Minutes of the Hopkins Charter Commission April 24, 2007 The Hopkins Charter Commission met on April 24. Present were Commission members Dorothy Boen, Roger Gross, Fran Hesch, Roger Johnson, Steve Lewis, and Emily Wallace - Jackson. The meeting was brought to order at 6:34 p.m. by the Chair of the Commission, Roger Gross. Approval of the Minutes of the Previous Meeting Commissioner Boen moved and Commissioner Hesch seconded the motion to approve the minutes of the June 6, 2006 meeting. The motion was approved unanimously. Old Business Instant Runoff Voting Mr. Genellie summarized the actions that were taken in 2006 regarding Instant Runoff Voting (IRV). The Hopkins Charter Committee met on April 25 and June 6 of 2006 and drafted a revised ordinance that tries to resolve some of the issues raised by the first IRV ordinance. The revised ordinance was presented to the Hopkins City Council on .August 22, 2006. At that meeting the City Council indicated general agreement with the intent of the ordinance and suggested that the Charter Commission consider an education campaign regarding Instant Runoff Voting. Since that time the City of Minneapolis has adopted Instant Runoff Voting. The Minneapolis Election Department is now working with the Secretary of State's office on statewide standards for conduct of Municipal IRV elections. The IRV method proposed in Minneapolis is similar to that used in Hopkins for single seat election. However, it differs for multiple seat elections. The Charter Commission needs to decide how to proceed on IRV: • Continue with the adoption of the ordinance adopted by the Commission in June 2006 to include a public education program; or • Recommend adoption of an ordinance similar to the Minneapolis ordinance; or • Wait until statewide standards are adopted. The Commission discussed the advantages and disadvantages of a state standard on Instant Runoff Voting. 1 UNAPPROVED The advantages would include protection from lawsuits. A statewide standard would have to be challenged as a violation of the state constitution. The Attorney General would likely defend against any such suit. Standards would allow the same system to be adopted by a number of cities. Costs for software or hardware changes could. be shared among a number of cities. Disadvantages may include a different manner of electing multiple candidates for multiple seats, the situation that exists .when electing Hopkins Council Members. There was considerable discussion about which way Hopkins should go. The consensus was that the City should try to influence the state standard by providing whichever body is studying IRV with a copy of the proposed Hopkins method. The Commission then discussed holding a mock election to educate the public on IRV. The Commission discussed the manner of the election and what the election would be about. The Commission determined that ballots could be mailed out with the City newsletter. There was discussion about holding the mock election in 2007 and using the presidential candidates. There remained a question about how that would work with the multiple candidates running for multiple seats. In the end the following motion was made: 1. Staff would contact the League of Minnesota Cities to determine how many cities currently elect council members in a similar manner as Hopkins. 2. The proposed "Hopkins IRV method" would be forwarded to the Secretary of State's office as a suggestion for handling such elections, using IRV, and also to seek comments' about this method. 3. The Commission would conduct a "mock election" sometime in 2007 for the purpose of educating the public about IRV. 4. Commissioner Hesch would contact Fairvote for advice on how to conduct such a "mock election." Commissioner Lewis moved and Commissioner Boen seconded the motion. It was approved unanimously. Adjournment Commissioner Hesch moved and Commissioner Johnson seconded a motion to adjourn. The meeting adjourned by unanimous consent. 2 DRAFT #3 6/6/2006 DRAFT OF CHARTER AMENDMENT IMPLEMENTING RANKED BALLOT VOTING . with comments. AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF HOPKINS UPON RECOMMENDATION OF THE HOPKINS CHARTER COMMISSION PURSUANT TO M S.A. CHAPTER 410.12, SUBD. 7 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 2.03, is amended as follows: Subdivision 3. After the City general election, the City Council shall, at their next regularly scheduled meeting, meet as the canvassing board and declare the results of the election.. If the election results in a tie, then the winner should be determined by lot in the presence of the Council acting as the canvassing board. Section 2. Section 4.04, is added as follows: SEC. 4.04. INSTANT RUNOFF ELECTIONS - SINGLE SEAT. (a) For the purposes of this section: (1) a majority is defined as 500 of the ballots cast plus one; (2) a candidate shall be deemed "continuing" if the candidate has not been eliminated; (3) a ballot shall be deemed "continuing" if it is not exhausted; and (4) a ballot shall be deemed "exhausted," and not counted in further stages of the tabulation, if all of the candidates chosen on that ballot have been eliminated or there are no more candidates indicated on the ballot. If a ranked -choice ballot gives equal rank to two or more candidates, the ballot shall be declared exhausted at the point of the ballot when such multiple rankings are reached. If a voter casts a ranked -choice ballot but skips a rank, the voter's choices after the blank rank shall not be counted. A majority is based upon the total number of ballots cast in the election. This would include write-ins as well as blank ballots. The definition of a majority would remain the same throughout the counting regardless of whether any ballots were "exhausted." 1 -------------------------- --------- ----------- __11 -------------------------- DRAFT #3 6/6/20061 (b) The Mayor shall be elected using a ranked -choice, or "instant runoff," ballot. This method will also be used for special elections for a single seat on the City Council. The ballot shall allow voters to ranksa number of choices in order of preference equal to the total number of candidates for each office; provided, however, if the voting system, vote tabulation system or similar or related equipment used by the City and County cannot feasibly accommodate choices equal to the total number of candidates running for each office, then the City Clerk may limit the number of choices a voter may rank to no fewer than three. The ballot shall in no way interfere with a voter's ability to cast a vote for a write-in candidate. (c) If a candidate receives a majority of the highest ranked choices, that candidate shall be declared elected. If no candidate receives a majority, the candidate who received the fewest highest ranked choices shall be eliminated and each vote cast for that candidate shall be transferred to the next ranked candidate on that voter's'ballot. If, after this transfer of votes, any candidate h ' as a majority of the votes from the continuing ballots, that candidate shall be declared elected. (d) This process of eliminating a candidate and transferring the votes of that candidate to the next -ranked continuing candidates shall be repeated until a candidate receives a majority of the votes from the continuing ballots or there, is only one continuing candidate. (e) In the event of a tie between two or more candidates after any round of counting, the candidate to be eliminated shall be determined by lot. SEC. 4_05. INSTANT RUNOFF ELECTIONS MULTIPLE SEATS. (a) For the purposes of this section: (1) a majority is defined as 500 of the ballots cast plus one; (2) the first two choices on the ballot for City Council candidates shall both be considered,as the first or highest ranked choice; (3) a candidate shall be deemed "continuing" if the candidate has not been eliminated; (4) a ballot shall be deemed "continuing" if it is not exhausted; and (5).a ballot shall be deemed "exhausted," and not counted in further stages of the tabulation, if all of the candidates chosen on that ballot have been eliminated or there are no more candidates indicated on the ballot. If a ranked -choice ballot gives equal rank to two or more candidates, the ballot shall be declared exhausted at the point of the ballot when such multiple rankings are reached. . If a voter casts a ranked -choice ballot but skips a rank, the voter's choices after the blank rank shall not be counted.. K DRAFT #3 6/6/2006 (b) Members of the City Council shall be elected using a ranked -choice, or "instant runoff," ballot. The ballot shall allow voters to rank a number of choices in order of preference equal to the total number of candidates for each office; provided, however, if the voting system, vote tabulation system or similar or related equipment used by the City and County cannot feasibly accommodate choices equal to the total number of candidates running for each office, then the City Clerk may limit the number of choices a voter may rank to no fewer than three. The ballot shall in no way interfere with a voter's ability to cast a vote for a write-in candidate. (c) If one or more candidates receives a majority of the highest ranked choices, thosecandidatesshall be declared elected. If more than two candidates for Council receive a majority of the ballots cast, the two candidates receiving the most .votes shall be declared elected. If no candidate receives a majority, the candidate who received the fewest highest ranked choices shall be eliminated and each vote cast for that candidate shall be transferred to the next ranked candidate on that voter's ballot. An elected candidate can never be eliminated. If, after this transfer of votes, any candidate has a majority of the votes from the continuing ballots, that candidate shall be declared elected. This language is necessary to account for a situation where more than two candidates receive a majority of the ballots cast. (See 1981 election) COUNCIL MEMBER 1981 Ellen Lavin 895 70% Jim Shirley 709 56% Paul Slaton 657 51% TOTAL BALLOTS CAST 1,27 Once a candidate reaches a majority, she/he is elected. (except for the above example.) Even if this elected candidate is overtaken during the continuing count, they remain elected. (d) This process of eliminating a candidate and transferring the votes of that candidate to the next -ranked continuing candidates shall be repeated until two candidates receive a majority of the votes or there are only two continuing candidates. (e) In the event of a tie between two.or more candidates after any round of counting, the candidate to be eliminated shall be determined by lot. 3 DRAFT #3 6/6/2006 SEC. 4.06. INSTANT RUNOFF ELECTIONS - IMPLEMENTATION. (a) The City Clerk shall conduct a voter education campaign to familiarize voters with the ranked -choice or, "instant runoff," method of voting. (b) Ranked choice, or `instant runoff,' balloting shall be used for the first municipal election in November 2007 and all subsequent elections unless the City Clerk certifies to the City Council no later than four months prior to an election that the Department will not be ready to implement ranked -choice balloting for single seat and/or multiple seats in that election. Such certification must include the reasons why the Department is not ready to implement ranked -choice balloting. The City Council shall have the ability to accept the certification or to order the Department to implement ranked -choice balloting. Section- 3. The effective date of this ordinance shall be ninety days after publication. First reading: Second reading: Date of Publication: Date Ordinance Takes Effect: Gene Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date 4