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CR 06-032 Revision of City Charter Ord 05-958 March 6, 2006 Council Report 2006-032 REVISION OF CITY CHARTER ORDINANCE 2005-958 Proposed Action Staff recommends that the Council approve the following motion: Approve Resolution 2006-019 rejecting Ordinance 2005-958. and recommending its return to the Charter Commission for revision. This action will return Ordinance 2005-958 to the Charter Commission for possible revisions. Overview The Hopkins Charter Commission voted, on November 15, 2005 to recommend the adoption of Ordinance 2005-958 by the Hopkins City Council. This ordinance would adopt ranked choice, or 'instant runoff,' balloting for the Mayor and Council. The Hopkins City Council considered this ordinance at a public hearing on January 17 and again at a Council Worksession on February 28. During those meetings it became apparent that the language in Ordinance 2005-958 was flawed and could result in a Council candidate receiving a majority of the first choice votes but not being elected. Since the City Council cannot amend an ordinance proposed by the Charter Commission, it is necessary for the Council to reject the ordinance in order for it to be further considered by the Charter Commission. Primarv Issues to Consider . What changes are being recommended in the Charter? . What is Ranked Ballot Voting? . What is the problem with Ordinance 2005-958? Supporting Information . Analysis ofthe issues. . Alternatives . Resolution 2006-019 . Ordinance 2005-958 es A. Genellie ssistant City Manager " Council Report 2006-032 Page 2 Analvsis ofthe Issues What changes are being recommended in the Charter? In 2004, the City Council, on the recommendation of the Charter Commission, established a Alternative Voting Task Force to "obtain, study and evaluate data on alternative voting methods for use in Hopkins." The Task Force presented a report to the Charter Commission, which recommended that the Charter Commission consider adopting ranked choice, or 'instant runoff,' balloting. This method of voting requires that winning candidates have a majority of the votes. At its September meeting, the Charter Commission voted to authorize the staff to draft a resolution and Charter amendment, implementing ranked choice balloting for the Mayor and Council using two passes of ranked choice balloting for the two council seats. On November 15, the Commission voted unanimously to recommend that the City Council approve Ordinance 2005-958 adopting ranked ballot voting for the Mayor and Council. Ranked ballot voting would be used in the 2007 election assuming that the City Council determines that it is technically and financially feasible. What is Ranked Ballot Voting? Ranked ballot or "instlllt runoff" voting is a method of ensuring that the winning candidate receives a majority of the votes. It provides an alternative to plurality and runoff elections. In a plurality election, the highest vote getter wins even if s/he receives less than 50% of the vote. In a runoff election, two candidates advance to a runoff if no candidate receives more than 50% in the first round. Voters rank candidates in order of choice: 1, 2, 3 and so on. It takes a majority to win. If anyone receives a majority of the first choice votes, that candidate is elected. If not, the last place candidate is defeated, just as in a runoff election, and all ballots are counted again, but this time each ballot cast for the defeated candidate counts for the next choice candidate listed on the ballot. The process of eliminating the last place candidate and recounting the ballots continues until one candidate receives a majority of the vote. With modern voting equipment, all of the counting and recounting takes place rapidly and automatically. What is the problem with Ordinance 2005-958? Because there are two 'Council Members elected at large in Hopkins, any ranked ballot voting system must allow for two equal first choice votes. The process outlined in Ordinance 2005-958 would instead have Council Members elected based upon a majority of a single first choice vote. After a first Council Member receives a majority, the process would be repeated a second time to elect a second Council Member. Council Report 2006-032 Page 3 This system can result in an outcome where a candidate receives a majority of the two equal first choice votes but fails to get elected. Based upon the record, this was not the intention of the Charter Commission. Alternatives 1. Do not approve Ordinance 2005-958 for first reading and send the proposed ordinance back to the Charter Commission for further action. 2. Approve Ordinance 2005-958 for first reading. Staff recommends Alternative #1. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION 2006-019 Whereas; the Hopkins City Council recognizes that alternative voting systems, such as ranked ballot voting, may improve voter turnout and reduce negative campaigning; and Whereas, in 2003 the City Council recommended that the Minnesota HA V A State Plan committee require any new voting equipment, purchased with Federal Funds, have the ability to handle ranked ballot voting; Whereas, in 2004 the City Council endorsed the establishment of an "Alternative Voting Task Force" to consider alternative voting systems such as ranked ballot voting; and Whereas, the City Council supports any voting system that attempts to insure that the winner of an election has been endorsed by a majority of the voters and avoids the election of an individual that a majority of the voting population does not wish to have elected; and Whereas, the City Council further supports the traditional method of electing City Council members which has multiple candidates running for multiple offices; and Whereas, the City Council has determined that the language in Ordinance 2005-958 may result in a candidate supported by the majority ofthe voters not being elected; Now therefore be it resolved that the Hopkins City Council rejects Ordinance 2005-958 but not the concept of ranked ballot voting. Be it further resolved that the City Council encourages the Charter Commission to consider adopting new language regarding implementing ranked ballot voting in the City of Hopkins. Adopted by the City Council of the City of Hopkins this 6th day of March 2006. By Gene Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA ORDINANCE 2005-958 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. ~ c3ndid3to roooi~ing the highcot number of ~otOD for 3 @3rticu13r offioe is elected. 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. (a) For the purposes of this section: (1) a candidate shall be deemed "continuing" if the candidate has not been eliminated; (2) a ballot shall be deemed "continuing" if it is not exhausted; and (3) 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 vote shall be transferred to that voter's next ranked choice. (b) The Mayor and 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 Director of Elections 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 has a majority of the votes from the continuing ballots, that candidate shall be declared elected. (d) This process of eliminating candidates and transferring their votes to the next-ranked continuing candidates shall be repeated until a candidate receives a majority of the votes from the continuing ballots. (e) The members of the city council shall be elected sequentially. After the first candidate is elected, the votes shall be recounted, with any ballots marked for the already elected candidate now counting for the next ranked candidate on each ballot. (f) 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. (g) campaign runoff," The City Clerk shall conduct a voter education to familiarize voters with the ranked choice or, "instant method of voting. (h) 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 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: January 17, 2006 Second reading: February 7, 2006 Date of Publication: February 16, 2006 Date Ordinance Takes Effect: May 18, 2006 By Gene Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date