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TO: |
Mayor and Town Council |
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FROM: |
Ralph D. Karpinos, Town Attorney |
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SUBJECT: |
Public Hearing to Consider Recommended Revisions to Town Voter Owned Election Program |
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DATE: |
February 23, 2009 |
The purpose of tonight’s public hearing is to receive public comment on revisions to the Town’s program for public funding for Chapel Hill municipal elections. The attached ordinance would revise the Voter Owned Election Program to incorporate adjustments recommended by the North Carolina State Board of Elections.
On July 16, 2007, the North Carolina General Assembly ratified Session Law 2007-222 which authorized the Town of Chapel Hill to conduct a program for the public funding of municipal elections.
The Statute stipulates that the Council conduct a public hearing on the proposed program before adopting it. The Statute further requires that the program be approved by the State Board of Elections after it has been adopted by the Town.
Following enactment of the local act, the following steps took place:
1. On November 12, 2007, the Town Council established a Council Committee to work on the development of a public financing program for Town elections.
2. On April 14, 2008, the Committee presented its report to the Council.
3. On May 14, 2008, the Council conducted a public hearing on the proposed program.
4. On June 9, 2008, the Town council enacted an ordinance establishing the program.
5. In the fall of 2008, the State Board of Elections reviewed the program and has now requested some adjustments and clarifications.
6. On February 9, the Council called this hearing to receive public comment on the changes recommended by the Council Committee to address the concerns raised by the State Board.
The February 9 Council Committee report, with a link to the June 9, 2008, report can be viewed at:
http://townhall.townofchapelhill.org/agendas/2009/02/09/4e/4e-memo-voter_owned_elections.htm
The attached proposed ordinance highlights changes developed in response to concerns raised by members of the State Board of Elections. The changes have been prepared based on input from the staff of the State Board, the Attorney General’s Office, Bob Hall of Democracy North Carolina, and this office.
Many of the changes are clarifying language and changes to definitions in the ordinance as it was enacted by the Council last June.
Sections 2-100 and 2-101 show the following substantive adjustments requested by State Board members:
1. In Sec. 2-100 (a), the adjustment criteria were changed to add a provision to allow for adjustment in the value of reusable campaign criteria.
2. In Sec. 2-100 (c), the adjustment formula was changed to provide for adjustments, based on a smaller (2,000) change in registered voters than was originally provided (5,000).
3. In Sec. 2-100(d), a provision for automatic adjustment based on changes in the consumer price index is provided.
4. In Sec. 2-101(a), a provision for making a violation of the ordinance a $500 misdemeanor is eliminated. Violations of the ordinance would remain subject to civil penalties and could be prosecuted as a misdemeanor, with a maximum penalty of $50. In addition, the submittal of a false report, as noted in the revised language, would be a violation of State Statute Sect. 14-209.
5. Sec. 2-102 now confirms that the State Board will administer the program.
6. Section 2 of the ordinance provides that if the State Board incurs excessive costs in administering the program, it will submit a statement of the costs to the Town. Future administration of the program by the State Board is linked, by this Section, to the Board and the Town reaching a settlement of any such costs arising after each election.
We believe the changes requested by the State Board of Elections and staff of the Board are reasonable. The Council Committee that worked on the Town’s Voter Owned Election Program also supports the proposed changes.
If enacted by the Council, the program revisions will be submitted to the State Board of Elections again for approval.
That the Council receive and consider public comment tonight and enact the attached ordinance.