draft # 15 ELECTION PROCEDURES COMMITTEE DISCUSSION ITEM (1/21/04)
To ensure that
Board Member elections are consistent with the Neighborhood Council bylaws and
all other applicable laws, and that the Neighborhood Council holds its first
election within a reasonable timeframe after certification so that stakeholders
have a legitimate governing body to represent their interests to City of Los
Angeles decision makers, the following minimum election [procedures criteria, requirements or regulations or?]
must be met.
CHAPTER I.
DEFINITIONS
“Absent
Voter” means any voter casting a ballot in any way other than at the polling
place.
“All
Vote-By-Mail Election” means an election conducted in which the only voting
option is using a ballot that is voted and
placed in a sealed envelope, which is then delivered to the election official
via the U.S. mail, private courier or hand delivery.
“Board
of Neighborhood Commissioners (BONC)” means the seven (7) member appointed
commission responsible for policy setting and policy oversight, including the
approval of contracts and leases and the promulgation of rules and regulations,
but not the day to day management of the Department of Neighborhood Empowerment
or the neighborhood councils.
“Campaigning”
means a series of actions conducted by a candidate(s) or person(s) on behalf of
a candidate(s) intended to influence voters to vote a certain way. Such actions
may include, but are not limited to, the distribution of printed or electronic
material, making of telephone calls, giving of speeches in a public setting,
discussions with individuals or small groups of voters, placement of signs,
etc. (see Electioneering below.)
“Challenge”
means a written complaint filed by a stakeholder that the election was
improperly conducted including, but not limited to, alleged incidences of
voting fraud or improper candidate activity, and that the results of the
election should be set aside or overturned.
“Department
of Neighborhood Empowerment (DONE)” means the City department responsible to
implement and oversee the ordinances and regulations creating the system of
neighborhood councils enacted pursuant to City Charter Section 905 including:
preparing a plan for the creation of a system of neighborhood councils,
assisting neighborhood councils in the certification process and in the
election/selection of their governing board members, arranging Congress of
Neighborhoods meetings as requested by neighborhood councils, arranging for the
provision of training to neighborhood councils, assisting neighborhood councils
in operational and logistical areas, and other duties as provided by ordinance.
“Electioneering”
means to solicit a vote or speak to a voter on the subject of marking his or
her ballot; to place a sign(s) relating to any candidate or other matter to be
voted on; to distribute material relating to any candidate or other matter to
be voted on; or to place a sign(s), distribute material, or converse with a
voter on the subject of the voter’s qualifications to vote. Electioneering is an aspect of campaigning
that is generally understood to mean the activities targeted at voters when
they are engaged in arriving to the polling place or in the actual act of
voting.
“Election
Procedures” mean the written procedures and methods adopted by a Neighborhood
Council, consistent with their bylaws and approved by the Department of
Neighborhood Empowerment, that are used to conduct the Neighborhood Council’s
governing board member elections.
“Independent
Election Administrator” means the person(s) or
organization responsible for conducting the actual election. The Independent
Election Administrator cannot [be a
stakeholder in the Neighborhood Council or]
have a vested interest in the outcome of the election. Duties include, but are
not limited to, setting up and managing the polling location(s), checking in
voters, distributing and receiving ballots, tabulating the votes, announcing
the election results, and securing the election materials.
“Neighborhood
Council” taken in the singular and capitalized, refers to that one Neighborhood
Council involved in the activity being described. The term “neighborhood councils”, plural not capitalized, is used
when the activities being described are general to all neighborhood councils.
“Person”
means an individual human being.
“Prepared
Ballot Election” means an election in which the candidates file prior to the
election and are included on a printed ballot that is distributed to the voters
at the polling location(s) on election day.
“Prepared
Ballot Election with the Vote-By-Mail Component” means an election in which the
candidates file prior to the election and are included on a printed ballot that
is distributed to and voted by the voters either at: 1) the polling location(s)
on election day or 2) or via the U.S. mail or alternative delivery service.
“Provisional
Ballot” means a ballot cast by a voter whose eligibility to vote in the
election cannot be determined at the time the vote is cast. The voter’s eligibility will be verified at
a later date pursuant to methods specified in the Election Procedures and the
ballot will be processed subject to the outcome of the verification process.
“Proxy” voting means the written
or verbal authorizing of one person to act (vote) for another as an agent or
substitute, (e.g.” I hereby authorize ______ to cast a vote for _____ in my
place.”)
“Recount” means counting the
votes cast again for a particular contest or for the entire election to
determine if the original vote tally is accurate.
“Same-Day
Election Format” means an election in which the candidates are nominated and
the voting takes place on the same day and at the same general location.
“Stakeholder”
means a person who, pursuant to the Neighborhood Council’s bylaws is eligible
to be a candidate and/or vote in the Neighborhood Council’s governing board
election.
“Third
Party Arbitrator” means the person(s) or organization selected to review and
issue final findings relative to a Challenge filed against the election. This person(s) or organization shall not be the
Independent Election Administrator and shall not have any vested interest in
the outcome of the election.
“Vote-By-Mail Ballot” means a
ballot that is voted and placed in a sealed envelope, which is then delivered
to the election official via the U.S. mail, private courier or hand delivery.
“Write-In
Candidate” means a candidate who is not included on the prepared printed ballot
but for whom voters may cast a vote by writing in the candidate’s name in the
appropriate space provided on the ballot.
CHAPTER II. GENERAL PROVISIONS
Election Procedures must be consistent with the requirements outlined in this document, and the applicable Neighborhood Council bylaws and all other applicable laws governing the operation of Neighborhood Councils.
All elections must be conducted consistent with the Neighborhood Council bylaws and the Department of Neighborhood Empowerment (DONE) approved Election Procedures.
All persons or other entities that meet the criteria for the definition of stakeholder as outlined in the Neighborhood Council bylaws shall be eligible to vote in the election.
Stakeholders cannot be denied the opportunity to vote for a member of the governing board for whom they are eligible to vote.
Stakeholders cannot be denied the opportunity to run for a
board seat for which he/she they hold stakeholder status.
Election Procedures, including
qualification requirements for voting and/or candidacy, cannot be designed to
restrict participation in the election process by specific groups of
persons/stakeholders in the Neighborhood Council (e.g. homeless, volunteer
workers, monolingual non-English speaking, public transit dependent, home based
workers, etc.).
The election must be held in
such a way as to allow for the greatest stakeholder participation (e.g. poll
location(s), length of time available for voting, number of days, hours, voting
options, candidate process, etc.).
CHAPTER III. APPROVAL OF NEIGHBORHOOD COUNCIL ELECTION
PROCEDURES
The Neighborhood
Council Election Procedures must be drafted by members of the Neighborhood
Council with assistance provided by DONE. The Neighborhood Council may also seek
additional assistance in drafting the Election Procedures from other
knowledgeable sources.
The
Interim Board or the existing Elected Board of the Neighborhood Council shall
designate, consistent with the Neighborhood Council By-laws, an Elections
Procedures Committee, or equivalent, to draft and/or revise the election
procedures. The designation of the
Elections Procedures Committee, or equivalent, shall be made in accordance with
the Neighborhood Council bylaws or at a noticed public meeting.
The
Neighborhood Council must submit draft election procedures to DONE for review
and written approval no later than 130 days prior to the projected Election
Day. Prior to the finalization of the
Election Procedures, the Independent Election Administrator that will be
responsible for conducting the election must be designated. DONE shall provide
the draft election procedures to the designated Independent Election
Administrator for review and comment as part of the DONE review and approval
process.
[Placeholder 1 - Upon
receipt of the draft Election Procedures, DONE shall complete the initial
review and return the draft Election Procedures with comments to the
Neighborhood Council within 10 calendar days.
Upon receipt, the Neighborhood Council shall modify the draft Election
Procedures, as necessary, and return them to DONE within 10 calendar days. This 10-day review process will continue
until the Election Procedures are finalized and approved by DONE.]
The finalized election procedures must be approved by DONE no later than 90 days prior to the designated Election Day(s).
CHAPTER IV. TIME FRAME FOR CONDUCTING ELECTIONS
The Election Procedures must specify
that the first election will be held within six (6) months or 180 days
of certification, and all subsequent elections must be held in accordance with
the Neighborhood Council bylaws.
If
circumstances arise such that the first election cannot be held within six (6)
months of certification, or that subsequent elections cannot be held within the
time frame specified in the bylaws, then DONE shall report to BONC within 30
days, in accordance with BONC procedures, on the issues preventing conduct of
the election and, with the input of the Neighborhood Council, seek to establish
an alternative time table for conduct of the election.
CHAPTER V. NEIGHBORHOOD COUNCIL ELECTION PROCEDURES
Article
A. Structure of Election
1. The required Election Procedures
recognize four (4) basic categories of elections as listed below.
(a) Prepared Ballot Elections are elections in which
the candidates file prior to the election and are then included on a printed
ballot that is distributed to the voters at the polling location(s) on election
day(s). This type of election may or
may not allow for the inclusion of write-in candidates.
(b) Prepared Ballot Election with the Vote-By-Mail Component
elections are elections in which the
candidates file prior to the election and are included on a printed ballot that
is distributed to and voted by the voters either at: 1) the polling location(s)
on election day(s) or 2) or via the U.S. mail or alternative delivery service.
This type of election may or may not allow for the inclusion of write-in
candidates.
(c)
All
Vote-By-Mail Elections are elections conducted in which the only voting option is using
a ballot that is voted and placed in a sealed
envelope, which is then delivered to the election official via the U.S. mail,
private courier or hand delivery. This type of election may or may not allow
for the inclusion of write-in candidates.
(d)
Same-Day
Election Format
elections are elections in which the candidates are nominated and the voting
takes place on the same day and at the same general location.
2. Consistent with the Neighborhood Council bylaws, the Election Procedures shall specify:
(a). The date(s), hours and location(s) of the election.
(b). The voting methods to be utilized (e.g. at polls voting,
vote by mail, same day format, etc).
(c). Whether Board Officers are to be elected directly by the
stakeholders or subsequently elected or appointed by the elected Board Members.
(d). Whether Board Members shall be elected at large and/or by
district.
(e). The number and type of Board Member seats available and
any qualifications required to be a candidate for any particular seat.
(f). Whether any board seats will be filled by appointment and
the process for making such appointments.
(g). How staggered terms will be distributed amongst the
elected candidates.
(h). The seats for which stakeholders of various categories are
eligible to vote.
(i). No proxy voting shall be allowed in Neighborhood Council
Elections.
Article
B. Public Outreach and Notice of Election
The Election Procedures shall
identify the process for outreaching to and notifying stakeholders about
election related activities and events.
DONE approval of the outreach component of the Election Procedures will
be dependent on inclusion of methods appropriate for the type of election to be
held and appropriate to reach all segments of stakeholders in the Neighborhood
Council. Upon approval of the election
procedures, the Neighborhood Council must begin informing stakeholders about
the election process by complying with the following minimum outreach
requirements pursuant to the type of election being conducted.
1. 60 Day Outreach and
Notification Requirements (applicable to all categories of elections)
Not less than 60 days prior to the
election, the Neighborhood Council shall:
(a)
Hold one (1) noticed
public meeting to provide information about the Neighborhood Council and to
discuss and distribute the election procedures, voter registration forms and
other pertinent election information.
(b)
Provide
at least one (1) mass distribution of a general information flyer containing at
a minimum the following information:
iv.
The opportunity and process
for becoming a candidate.
v.
Voter eligibility
requirements.
vi.
Vote-By-Mail process
(including application and ballot submission procedures) – Note: only required
if utilizing the Vote-By-Mail voting option.
vii.
Upcoming election related
meetings.
viii.
Sources to obtain additional
information.
(c)
Post the election
information contained in the general information flyer along with a contact
telephone number at the Neighborhood Council’s currently authorized posting
locations.
(d) Between the period of 60 and 30 days before the election,
post candidate filing and other related election information and deadline dates
along with an information contact telephone number at the Neighborhood
Council’s currently authorized posting locations.
2. 30 Day Outreach and Notification Requirements (applicable to all
categories of elections)
Not less than 30 days prior to the
election, the Neighborhood Council shall hold one (1) publicly noticed
candidate informational meeting to explain the establishment of,
function of and opportunity to serve on the governing body. At the meeting, the Neighborhood Council
shall distribute copies of, and provide training related to, the
bylaws; Election Procedures, candidate and voter registration forms (if
applicable), candidate filing and verification of eligibility requirements for
placement on the ballot, write in candidate procedures, campaigning
procedures and any campaigning restrictions, requirements upon winning
office, and any other information the Neighborhood Council determines would be
useful.
3. 21
Day Outreach and Notification Requirements (applicable only for elections utilizing the Vote-By-Mail voting option)
Not less than 21 days prior to the election the
Neighborhood Council shall
provide at least one (1) mass distribution of an election information reminder
flyer containing at a minimum: the date(s), time,
place(s) of the election, the candidates that will appear on the ballot,
Vote-By-Mail application and ballot submission process, write-in
candidate procedures, contact numbers for obtaining additional information.
4. 7 Day Outreach and Notification Requirements (applicable for
all categories of elections except those utilizing the vote-by-mail component)
Not
less than 7 days prior to the election the Neighborhood Council shall provide
at least one (1) mass distribution of an election information reminder flyer
containing at a minimum: the date(s), time, place(s) of the election, the
candidates that will appear on the ballot, write-in candidate procedures, the
Same-Day nomination process (if applicable), and contact numbers for obtaining
additional information.
Article
C. Independent Election Administrator
1. The Election Procedures must
identify an Independent Election
Administrator selected by the Neighborhood Council to
conduct the election. To serve as the
Independent Election Administrator, the person(s) or organization selected must
have attended training program conducted by DONE and assisted in conducting at
least one (1) prior neighborhood council governing board member election.
2. The
election must be conducted by the Independent Election Administrator named in
the Election Procedures. However, if the designated Independent
Election Administrator cannot fulfill their responsibilities, the Neighborhood
Council must immediately notify DONE so that a mutually agreed upon replacement
Independent Election Administrator can be secured.
3.
Independent Election Administrator may utilize the staff, material, equipment
and facility resources of the Neighborhood Council or DONE to assist them in
carrying out the election administration duties, provided, however, that the
following conditions are met:
(a) That none of the candidates for
the governing board may participate in any way in the administration of the
election. participate in any way in the
handling/counting of ballots, voter/candidate registration/verification, and/or assisting voters engaged in the act of voting in
translating the voting material or explaining the voting process. interpretation of election materials for voters.
(b) Written procedures must be
developed that specify the roles and responsibilities of all parties
participating in the administration of the election.
(c) The Independent Election
Administrator must maintain the ultimate authority and responsibility for the
administration of the election.
4. DONE, at its discretion, may act as the
Independent Election Administrator if requested to act in that capacity by the
Neighborhood Council.
5. Candidates for the governing board of a Neighborhood
Council may not serve in any election administrative capacity, including the
5. The Independent Election Administrator
shall be responsible for the following duties:
(a) Reviewing and providing input on the Neighborhood
Council’s draft Election Procedures.
(b) Processing of candidates including verification of
eligibility and
conducting or supervising the candidate forum(s).
(c) Processing
of voters including pre-registration and verification of eligibility as
applicable.
(d) Overseeing
and approving the preparation of the ballot to be used in the election.
(e) Distributing and receiving ballots
from the voters.
(f) Verifying any provisional ballots.
(g) Counting and recounting the ballots.
(h) Issuing the election results.
(i ) Securing
and submitting all election materials for records retention in accordance with
the bylaws and Election Procedures.
Article
D. Candidate Filing Process
At the time of filing to run in
the election, a candidate must be a stakeholder eligible to run for, and hold,
the specific office for which the candidate is filing. The Election Procedures
for all categories of elections must specify the process for declaring
candidacy; including at a minimum the provisions listed below. Same-day format
elections must also comply with the provisions of Chapter VII.
1. The location(s),
filing period and deadlines for filing for candidacy to have the
candidate’s name printed on the ballot.
Except for Same-day format elections, the deadline for filing for
candidacy to have a candidate’s name printed on the ballot must be at least cannot
be less than 30 days before the election.
2. The process and deadlines for
verifying the candidates’ eligibility and issuing certification for inclusion
in the election, including:
(a) The required elements of the candidate filing application
package.
(b) The specific documentation required to establish
stakeholder status.
(c) A Neighborhood Council’s Election Procedures cannot specify
that picture identification (such as a California Driver’s
License/Identification Card, U.S. Passport or credit card containing the
person’s photograph) be the only acceptable means of establishing stakeholder
status.
(d) The person(s) responsible for verifying a candidate’s
eligibility and certifying that a candidate has been accepted for inclusion in
the election.
(e) The timeframe for completing the candidate verification and
certification process.
(f) The type of receipt that will be issued to the candidates
that their filing application has been accepted for processing and the type of
documentation that will be issued to the candidates certifying or rejecting
them for inclusion in the election.
(g) The [disposition] of the candidate filing documents.
3. Unless prohibited by
its bylaws, any neighborhood council may
choose to allow for write-in candidates. if their bylaws permit write-in candidates. If write-in
candidates are permitted, the Election Procedures must specify the process for becoming a
write-in candidate. candidates who do
not file the declaration of candidacy by the deadline to have their names
included on the ballot. The
write-in candidate process must include at a minimum:
(a) The time frame for filing to become a certified write-in
candidate. The write-in candidate
filing period may begin as early as the end of the regular candidate filing
period but must not terminate any later than the opening of the polls on
election day.
(b) The required elements of the write-in candidate filing
application package.
(c) The specific documentation required to establish
stakeholder status.
(d) A Neighborhood Council’s Election Procedures cannot specify
that picture identification (such as a California Driver’s
License/Identification Card, U.S. Passport or credit card containing the
person’s photograph) be the only acceptable means of establishing stakeholder
status.
(e) The documentation required of write-in candidates must be
equal to that of the regular candidates.
(f) The person(s) responsible for verifying a candidate’s
eligibility and certifying that a candidate has been accepted for inclusion in
the election as a write-in candidate.
(g) The timeframe for completing the write-in candidate
verification and certification process.
(h) The type of receipt that will be issued to the candidates
that their filing application has been accepted for processing and the type of
documentation that will be issued to the candidates certifying or rejecting
them for inclusion in the election as a write-in candidate.
(i) The provision that the candidate verification process for
write-in candidates may occur after the election if the write-in candidate
filing time frame does not allow for the verification to be completed before
the election. Provided, however, that a
write-in candidate that is elected cannot be seated until the verification
process is completed.
(j) The [disposition] of the write-in candidate filing documents.
4. If the Independent Election
Administrator rejects a candidate’s filing application, that candidate may
request DONE to review their candidate filing application with the Independent
Election Administrator. Subsequent to their review, DONE will issue a final
determination as to whether the candidate will be allowed to run for
office.
5. The Neighborhood Council shall
publicize the opportunity to be a candidate for the governing body of the
Neighborhood Council for a period that is not less than 30 days, and shall hold
open the candidate-filing period for a minimum of 30 days (these two periods
may run concurrently). However,
if the Election Procedures do not allow for
write-in candidates, then the following additional candidate filing outreach
requirements must be met.
(a) The candidate filing period must remain open a minimum of
45 days.
(b) The Neighborhood Council must hold at least two (2)
candidate information meetings within that 45 day period.
Article
E. Ballot Design
[TO
BE DEVELOPED]
[Placeholders
re: Ballot Design:
Article
F. Campaigning Restrictions Procedures and Training
The
Election Procedures shall specify any restrictions and/or prohibitions relating
to campaigning. Provided that any Such
restrictions and/or prohibitions should
not be designed to unfairly assist or harm specific candidates.
A copy of the Election Procedures including any restrictions and/or prohibitions relating to campaigning shall be provided to the candidate at the time of filing and subsequently upon request.
The use of the City Seal, DONE logo, or any DONE created official certified Neighborhood Council designation on candidate materials is prohibited.
The Governing Board of a Neighborhood
Council, acting in their official capacity as the Governing Board, is
prohibited from endorsing or campaigning for any candidate or group of
candidates running for the governing board of a neighborhood council. This provision does not restrict the right
of individual Governing Board members, acting as individual stakeholders, or
any other stakeholders, from endorsing or campaigning for any candidate or
group of candidates.
[Placeholder 1 – In conducting their campaigns for
the governing board of a neighborhood council, candidates are prohibited from
using City funds/resources. In addition, candidates may not campaign on any
City property that is not available to the general public for gatherings or
meetings.]
Article
G. Voter Eligibility
All voters
must be stakeholders as defined by the Neighborhood Council’s bylaws and all stakeholders must will be given the opportunity
to vote. Consistent with the certified Neighborhood Council bylaws, the
Election Procedures shall specify voter eligibility requirements and the voter eligibility verification process. At a minimum, this section must:
1. Self-affirmation Type Verification Process
Unless prohibited by their
bylaws, any Neighborhood Council may choose to allow voters to verify their
stakeholder status through either verbal or written self-affirmation. When utilizing this method, the Election
Procedures shall specify the wording and/or format of the verbal or written
self-affirmation to be used by the voter to verify stakeholder status.
2. Identification Type Verification Process
Unless prohibited by their
bylaws, any Neighborhood Council may choose to require that voters provide
documentation of their stakeholder status in order to vote in the Neighborhood
Council’s governing board member election. When utilizing this method, the
Election Procedures:
(a) Must specify the documentation required to establish
stakeholder status.
(b) Cannot specify that picture identification (such as a
California Driver’s License/Identification Card, U.S. Passport or credit card
containing the person’s photograph) is the only acceptable means of
establishing stakeholder status.
(c) Must specify reasonable alternative documentation, such as
utility bills, business cards, imprinted checks, post marked mail, etc., that
may be used as acceptable proof of stakeholder status.
(d) Cannot require greater documentation from any particular
individual stakeholder or any particular group of stakeholders.
3. The Election Procedures must
identify any board seats where voter eligibility is determined by specific
stakeholder status.
4. The Election Procedures must
identify the process for voter registration including any pre-election day(s)
registration process. The Election Procedures must allow for registration on
election day(s).
5. Unless already specified in
the bylaws, the Election Procedures must identify any minimum voting age
restrictions. Such minimum age restrictions must not unreasonably hinder the
participation of younger stakeholders who are capable of independently engaging
in the actual act of voting without the assistance of an adult.
6. If any person’s voter
registration is rejected during a pre-election registration process, that voter
may request DONE to review their voter registration application with the
Independent Election Administrator. Subsequent to their review, DONE will issue
a final determination as to whether the voter will be allowed to vote in the
election. Challenges to stakeholder status made during the actual election will
be handled pursuant to the Provisional Voting provisions specified in Article
H, 3 below.
Article H. Voting Options Available to
Stakeholders
1.
At Polls Voting
Except
when utilizing an All Vote-By-Mail Election format, the Election Procedures
must provide for voting to be conducted at one or more polling sites. At a minimum, the At Polls Voting section of
the Election Procedures must:
(a) Designate the date(s), time, hours
of operation and place(s) where the voting will occur.
(b) Specify the voter check-in
process, including any identification requirements and acceptable means for
satisfying the identification requirements.
(c) Include the process by which voters will be informed or their
right, and offered the opportunity, to vote a Provisional Ballot if the voter’s
eligibility cannot be resolved in the voter’s favor on election day (see
below).
(d) Specify the type and format of the
ballot to be issued.
(e) Identify the process to allow a
voter to obtain a replacement ballot if the original ballot is spoiled or
miss-marked.
(f)
Identify
the process to allow disabled voters to vote in the election.
2.
Vote-By- Mail
Allowing
voters the ability to cast their ballots via the Vote-By-Mail method is an
option that a Neighborhood Council may choose to utilize. Accordingly, the
Election Procedures must state whether
Vote-By-Mail will or will not be allowed. If the Vote-By-Mail option is
selected, then the Election Procedures must:
(a) Identify the process for obtaining
and submitting a Vote-By-Mail application, including when the application will
be available, where to obtain the application, the information required on the
application, the deadline for submission of the application.
(b)