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RESOLUTION NUMBER xxxx A RESOLUTION OF THE MISSOULA CITY COUNCIL NOTIFYING THE MISSOULA COUNTY ELECTION ADMINISTRATOR OF THE CITY’S DESIRE TO CONDUCT THE 2009 CITY GENERAL ELECTION BY MAIL BALLOT IN ACCORDANCE WITH 13-19-202 MONTANA CODE ANNOTATED (MCA). WHEREAS, voter turnout in Missoula municipal elections has traditionally been low; and WHEREAS, the City's 2007 general election was held by mail and voter turnout was good; and WHEREAS, state law provides a method for conducting mail ballot elections for local elections; and WHEREAS, mail ballot elections statistically increase voter turnout in elections, and those statistics were borne out in the 2007 City general election; and WHEREAS, the City of Missoula will hold a General Election on November 3, 2009, as required by 13-1-104 MCA; and WHEREAS, pursuant to 13-19-104 MCA, such elections can be conducted by a mail ballot election; and the Missoula County Election Administrator has determined that a mail ballot election conducted in accordance with the provisions of Title 13, Chapter 19, Parts 1-3, MCA is in the best interests of the City and the electors thereof, and pursuant to 13-19-202 MCA the City of Missoula may notify the County Election Administrator of its intent to conduct a mail ballot election; and WHEREAS, the Election Administrator shall prepare a written plan, including a timetable, for the conduct of the elections and shall submit it to the Secretary of State at least 60 days prior to the date set for the election in accordance with 13-19-205 MCA; and WHEREAS, an official ballot will be mailed to every qualified elector of the City of Missoula, with the goal of increasing voter participation in the municipal elections for 2009; and WHEREAS, the Election Administrator will have at least four drop off sites within the city limits for electors who wish to mark their ballot at a polling site and deposit their ballot with the election judges at that polling site; and WHEREAS, the Election Administrator will have ADA accessible marking devices for the disabled to mark their ballot in privacy at the drop off polling sites; and WHEREAS, for any election conducted by mail ballots must be mailed no sooner than the 25th day and no later than the 15th day before Election Day and all ballots must be mailed the same day in accordance with 13-19-207 MCA. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Missoula hereby notifies the Missoula County Election Administrator of the city’s desire to conduct the 2009 city primary (if held) and general election by mail ballot in accordance with 13-19-202 Montana Code Annotated (MCA). BE IT FURTHER RESOLVED THAT, the City Council of the City of Missoula hereby notifies the Missoula County Election Administrator that ballots should be mailed 21 days before the election. ---PAGE BREAK--- BE IT FURTHER RESOLVED THAT, except as provided in 13-19-204 MCA, the decision to conduct an election under the provisions of 13-19-202 MCA is within the sole discretion of the Election Administrator. BE IT FURTHER RESOLVED THAT the City Clerk is hereby directed to forward a certified copy of this resolution to the Missoula County Election Administrator in accordance with the provisions of 13-19-202 MCA. BE IT FURTHER RESOLVED THAT within 5 days of receiving this request, the Election Administrator shall respond to the Missoula City Clerk in writing, state that this request is either granted or denied for reasons specified. If granted, the Election Administrator shall prepare a plan as provided in 13-19-205 MCA. PASSED AND ADOPTED this xth day of 2009. ATTEST: APPROVED: Martha L. Rehbein John Engen City Clerk Mayor