Loading...
HomeMy WebLinkAbout6. NEW BUSINESS 09/07/2010 Mount Prospect Village of Mount Prospect M P Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: MAYOR IRVANA WILKS BOARD OF TRUSTEES FROM: MICHAEL E. JANONIS DATE: SEPTEMBER 3, 2010 RE: FINALIZATION OF LOCAL ELECTION PROCEDURES Attached is a packet of draft material that will serve as the legal and procedural framework for conducting the local election of Village officers. Due to a recent change in State election law, (see attached e-mail from David Orr) candidates seeking to be on the April 5, 2011 ballot can begin circulating nominating petitions some several weeks earlier than in the past. The filing deadline was also moved up. Instead of a past start date of early November, candidates can now begin circulating nominating petitions on September 21, 2010. As such, staff plans to bring, at the September 7, 2010 Village Board meeting, a proposed Ordinance covering the structural changes that were put into place by the February 2010 referendum. Additionally, staff will bring forth a proposed election information package that is in accord with the Committee of the Whole discussions which took place over the course of 2009. In drafting the Ordinance that will codify the "Mount Prospect Election Model ", staff consulted with Klein Thorpe and Jenkins attorneys George Wagner and Scott Uhler regarding the scope and wording of the ordinance. While the current election procedures enumerated in the Village code at Chapter 8 Article 5 "8.504" (attached) appear to have been adopted in 1979 and have remained on the books unchanged. Section 8.504 harkens back to a time when local elections were truly conducted at the local level. They go into a great level of detail regarding the conduct of the election, operation of polling places, counting of votes and certification of results. Since then substantial changes in election law has shifted much of the responsibility for the conduct of elections from the local authority to the State and County levels. As such, just about all of the current Article 5 Section 8.504 should be deleted. It was the opinion of Messieurs Wagner and Uhler that the proposed code section be limited to acknowledgement that local elections will be conducted in accordance with current State and County laws and then define the characteristics of the Mount Prospect 1 B Page 2 of 2 Election Procedures model. Since election law seems to be quite fluid (witness the change in the circulating time frame), it was recommended that we avoid incorporating any specifics of the State and County statutes so as to avoid the need to constantly monitor and update the municipal code. Mr. Uhler, KTJ's election law specialist, felt the more detail contained in the municipal code, the greater likelihood of creating confusion and increasing the potential for challenges to nominating petitions and local procedures. The draft ordinance (attached) tracts that position. The proposed candidate information package that would be distributed by the Clerks office to interested candidate is also attached. The information contained therein tracts the discussions that took place at the 2009 COW meetings as to the level of involvement the Village Clerk should have in instructing candidates, answering technical and legal questions and scrutinizing nominating petitions. The minutes of those Committee of the Whole meetings are included. The information package has gone through numerous iterations and staff feels that it is informative yet concise and correctly puts the burden on the candidates to educate themselves with regard to the proper establishment of their candidacy. If you have any questions please do not hesitate to give me a call. C: Village Clerk Lisa Angell Village Attorney George Wagner Village Attorney Scott Uhler 2 Page 1 of 2 Angell Lisa From: Cook County Clerk, David Orr [ clerk. david @cookcountyclerk.ccsend.comj on behalf of Cook County Clerk, David Orr [clerk.david @cookcountyil.gov] Sent: Monday, July 26, 2010 8:03 AM To: Angell, Lisa Subject: Election Calendar DAVID ORR COOK COUNTY CLERK rL[Lliv July 23, 2010 Dear Friends, As many of you know, I've been working hard to modernize the election calendar. For too long, we have administered elections with an antiquated calendar. 1 am pleased to announce our proposals for modernizing the calendar were included in a bill sponsored by Senator Terry Link and Representative Elaine Nektriz and signed into law last week as Public Act 96 -1008. Ever since the introduction of early voting, voters can cast their ballots as early as 22 days before Election Day. This requires election administrators to have ballots prepared more than a month earlier than before. Nevertheless, filing deadlines for candidates and referenda remained the same. This often led to court challenges that ran on long after ballots had been printed and early voting begun. Starting with the 2011 electu`rrns, Public Act 96 -1008 extends the election calendar, making deadlines earlier. Now, petitions must be filed a number of weeks earlier, providing adequate time for ballot preparation and electoral board proceedings. For those of you who are local election officials - like city, township or village clerks, school board secretaries and the like - it means your filing dates will come a few weeks earlier than before. The deadline for nomination papers for the Feb. 22, 2011 Consolidated Primary Election will now be 92 days before that election, three weeks earlier than before. The filing period will run from November 15 to 22 of this year. Circulation of nomination papers can start 90 days before the deadline, or August 24, 2010. Typically, city election papers are filed for this election. For the April 5, 2011 Consolidated Election, the new deadline is 106 days before the election, which is five weeks earlier than it was. This will affect just about all non -city offices. The filing period will run from December 13 to 20 of this year. Circulation of nomination papers can start September 21, 2010. For those of you who are Aldermen, Trustees or Board Members, there is a more immediate effect of P.A. 96 -1008. Resolutions or Ordinances to place referenda on the ballot must be passed by August 16, 2010. The filing deadline for petition -based referenda is August 2, 2010. Page2of2 Please note that the State Board has not yet published its official calendar for next year, so the dates relating to the 2011 elections must be regarded as tentative. My staff will be available to you in the upcoming months to help you in any way they can to adjust to this new, better election calendar. Sincerely, David Orr Cook County Clerk Forward email 6mai Markets :g 1;, 21 Safeidosaubseg ibe 0 This email was sent to Iangeil©mountprospect.org by clerk.davidncookcountvil.nov, Instant removal with SafeUnsubscribeT" 1 Privacy Policy. TRY TT FREE Cook County Clerk 1 69 W. Washington, Suite 500 1 Chicago i IL 1 60602 This email has been scanned by the MessageLabs Email Security System. For more information please visit http : / /www.messagelabs.com/email 0 /'7 ,lam, n 8.503 .504 ■ appendix A, division III of this code, for E. Appointment Of Election Judges: The each offense. (1957 Code, 8.503; amd. village clerk shall appoint three (3) Ord. 5189, 5 -15 -2001) election judges for each polling place. In the event an election judge declines to serve, or is incapable of serving, 8.504: ELECTION PROCEDURES: the judges present may appoint some other qualified legal voter as election A. Conduct Of Elections By Village Clerk: judge. Elections for municipal offices shall b - conducted pursuant to the provisions P. Tally Sheets, Poll Books And Other of this section. However, in those Equipment: The village clerk shall -_ instances where a provision of this cause the ballots and tally sheets to section does not apply, the provisions be printed, the poll books to be pre - of the Illinois election code, 10 Illinois pared, the polling places to be set up Compiled Statutes 5/1 -1 et seq., nd and equipped, and the election judges 65 Illinois Compiled Statutes instructed. Minimum equipment for a 5/3.1 -15 -5 et seq., shall apply =s neer polling place shall include: psiting as may be. booths, ballot boxes, pencils, registra- tion lists if available, and voting ma- B. Right To Vote: Each registered voter chines where such are provided for by residing within the village on any elec- the county clerk. Lion day shall have the right to cast a ballot. C. Voter's Instruction Sheets: The village clerk shall prepare a voter's instruc- C. Time And Place Of Elections: Prior to tion sheet and post one in each poll - December 1, 1980, all municipal elec- ing booth and at the entrance of each tions in the village shall be held upon p• Iling place. the day and date herein prescribed or • upon said day and date prescribed by H. Preparation And Publication Of Bat - an ordinance providing for the sa e. lots: Ball ets shall be prepared at least From and after December 1, 1980, all twenty (20) days before the election such municipal elections shall be held so as to be available for absentee in accordance with the schedule pre- - voters. scribed by 10 Illinois Compiled Stat- utes 5/2A -1 through 5/2A -50, inclu- I. Absentee Voting: Voters who will not sive. The polls shall be opened 1 be within the village on any election seven o'clock (7:00) A.M. and closed day, or wh •• are ill or otherwise physi- at seven o'clock (7:00) P.M. tally unable to come to a prescribed polling place, may receive ballots by D. Voting Precincts: The president and applying for the same to the village board of trustees shall prescribe, clerk. Such application shall be under establish and fix by ordinance the oath and may be made in pers. n up boundaries of one or more voting to three (3) days, , or by mail post - precincts within the village for each election and shall designate one poll- ing place for each such precinct. May 2005 Village of Mount Prospect 8.504 8.504 marked not Tess than five (5) days M. Presence At Polling Places: Only prior to an election day. The Village election officers, watchers and voters Clerk shall initial all such ballots. present for the purpose of voting may When completed the ballot shall be be within any polling place and voters inserted by the voter in a sealed enve- must depart upon casting their ballots. lope and deposited with the Village Clerk. The Village Clerk shall initial Opening Of Ballot Boxes, Counting, and deliver such sealed ballot enve- Results, Retums: Upon closing the lopes to the proper polling place on polls at the prescribed time, the elec- election day, and the ballots are to be tion judges shall then and there open initialed by an election judge when the ballot box and first count the num- counted along with the cast ballots. ber of ballots and compare such with An election judge shall first verify that the number of voters who have cast a the absentee voter is a legal voter. ballot at that polling place. If any blank ballots are discovered, then J. Election Officials, Residence Require- such blanks shall be removed. If an ents, Oath: The Village Clerk, all excess of ballots still exists, the judg- election judges and pollwatchers must es shall replace the remaining ballots be residents of the Village. Election in the ballot box, shake it thoroughly, judges must take and file the same and then draw out and remove a num- oath of office required of all other ber of ballots equal to the excess. State election judges, and such must Removed ballots shall be identified as be filed with the Village Clerk along such and deposited in a separate with the return. sealed envelope, and the judges shall sign the seals. When the number of K. Duties Of Election Judges Regarding ballots equals the number of ballots Polls And Ballot Boxes: On election cast, the judges shall canvass the day, the election judges shall open the - ballots. When the canvass has been polls at the prescribed time and shall completed, the judges shall publicly check the ballot boxes before any announce the results and verify the votes are cast to assure that they are same upon the tally sheets and shall empty, and shall then :lose and seal complete their return as in the case of them. Voting machines, where provid- other elections. They shall then place ed, shall also be checked to assure the counted ballots in a sealed enve- their proper operation and that all vote lope and sign the seals. If voting ma- counters register zero. chines have been used, the judges shall canvass the ballots cast. The L. Watchers: One person may be permit- judges may then leave the polling ted to act as a pollwatcher for each place and deliver the return, ballots, candidate or slate of candidates. In tally sheets, poll boxes and excess the case of an election on a proposi- supplies to the Village Clerk. tion, one watcher shall represent those in favor of the proposition and 0. Canvass Of Returns, Certificate Of one watcher shall represent those Results: The President and Board of opposed thereto. Trustees shall, together with our watcher for each candidate or slate of Village of Mount Prospect '.504 8.506 candidates, canvass the returns at = S. Expenses And Costs: The expenses regular or special m =sting of the Vil- of any election, court costs and legal lage Board and within seven (7) days, costs incurred by the Village involving adopt an ordinance canvassing the an election shall be borne by the Vil- results of the election. lage, but the expense incurred by any voter contesting any election shall not P. t allots, Preservation And Destruction, be an expense of the Village. (Ord. eturns, Tally Sheets, Etc.: The Vil- 2947, 9-18-1979) I :ge Clerk shall retain and preserve all the ballots in the sealed envelopes signed by the judges in a safe place 8.505: SURETY 3 ON DS: `W`'henever a not accessible to anyone else, for surety bsnd to indemnify the sixty (60) days after any election. Village is r= wired .s prerequisite to exer- There =fter, the Clerk may destroy cising the duties of any office or positi •_ >n, or them, unless he has been served with to the issuance of a license sr permit or for written notice of an election contest the exercise of any special privilege, the and one is actually pending. In case surety on such bond shall be a corporation of such a contest, the ballots shall be licensed and authorized to do business in preserved and inspected r•nly purse- this State as a surety company, in the ab- -.nt to an order of a circuit court of the sence of specific prsvision to the contrary State. The returns, tally sheets, poll by o hence. books, proof of publication, certificate sf results, and a supply of the ballots A. Whenever in its opinion dditional used shall be retained by the Village sureties car an additional surety may Clerk for a period of four (4) years. be needed ,. n any bond to indemnify the Village against loss sr liability C. Tie Vote In Election Of Trustees, De- because of the insolvency of the exist- ter inati•rn By Lot, Vacancies: in th;= ing surety or sureties or for any other event of = tie vote in :, n election for a reas • the Village may order a new Municipal office, the winner shall be surety or sureties to be secured for determined b lot Wham io s u for Municipal office dies before elec- tion day, and is nevertheless elected If such new surety or sureties are not t• th t office, the place of such de- procured within ten (10) days from the ceased candid: tes shall be filled in time such order is transr r itted to the the same manner as is otherwise principal of the bond, sr his assignee, provided fsr filling vac= .ncies in the the Boar. shall declare the bond to be office of Village President or Villag - void and thereupon such principal or Trustee. assignee, shall be deemed to have surrendered the privilege or position Tie Vote In Election On Propositisn: In as condition of which the bond was the event of a tie vote in an election required. (1957 Code, 8.505) on a proposition, the proposition shall be deemed to have failed. 8.506: OFFICLAL TIME: Central Stan- dard Ti n e shall be the official ViUaae a Mount Prospect DRAFT 8126110 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8 E TITLED "VILLAGE GOVERNMENT, MISCELLANEOUS PROVISIONS" *F THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS, REGARDING ELECTION PROCEDURES BE IT ORDAINED by the President and ;oard of Trustees of the Village of Mount Prospect, Cook County, Illinois, cting in the exercise of their home rule powers, as follows: SECTION 1: Subsection F(2)(a) if Section 8.115, entitled "Conflicts of Interest," of Article I, entitled "Officers; Employees ", of Chapter 8 of the Mount Prospect ' Coo a shall be deleted in its entirety, the remaining Subsections to be renumbered alphabetically. [NOTE Section 8.115(F)(2)(a) requires a candidate to file the Village's conflict of interest disclosure statement, but does not bar a candidate's qualification for failing to so file. While that ordinance could be amended to include such a provision, we are concerned that including criteria for a candidate to qualify for placement on the ballot. such as this filing req irement, could be subject to a successful challenge unless approved by referendum. Therefore. we recommend removing this requirement.I SECTION 2: Section 8.504, inserted, to be and read as follows Section 8.504, entitled "Election Procedures," of Article V, entitled "Other egulati.ns ", of Chapter , of the Mount Prospect Village Code shall be deleted in its entirety, and ; ne Section 8.504, inserted, to be and read as fills is: 8.504 Election Procedures r,. The election of the Village President and Trustees sh .11 be co ,ducted pursuant to � =.pplicable provisions of the Illinois Election Code, 10 ILCS 5/1 -1 et seq., and the Illinois Municipal Code, 65 ILCS 5/1 -1 -1 et sr q., except as provided in Subsection below; 252556_2 1 In accordance with the approval of a binding referendum on February 2, 2010, the election of the Village President and Trustees shall be conducted as follows: 1. Election shall be pursuant to a n • -n- partisan system; 2. No primary election shall be required for such offices; and 3. The nominating signature requirement for such offices shall be equal to at least one percent (1 %) of the number of registered voters in the village of Mount Prospect at the last preceding election for Village President. [Note B.3 signature requirments: the referendum question did not state the date for determining the number of registered voters, but the last preceding election for Village President' is consistent with Buzz Hill's August 25, 2009 memo to the Board and the Illinois Election Code.] SECTION 3: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NABS: A:SENT: PASSED and APPROVED this day *f , 2010 Irvana K. Wks Mayor ATTEST: M. Lisa Angell Tillage Clerk 1i: \CLKO \WIMORDINANCE2 \MP Ord Amd Ch 8 RE Election Proceduresdraftjuly2010.DOC 252556_2 2 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8 ENTITLED "VILLAGE GOVERNMENT; MISCELLANEOUS PROVISIONS" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS, REGARDING ELECTION PROCEDURES BE IT ORDAINED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, acting in the exercise of their home rule powers, as follows: SECTION 1: Subsection F(2)(a) of Section 8.115, entitled "Conflicts of Interest," of Article I, entitled "Officers; Employees ", of Chapter 8 of the Mount Prospect Village Code shall be deleted in its entirety, the remaining Subsections to be renumbered alphabetically. SECTION 2: Section 8.504, inserted, to be and read as follows Section 8.504, entitled "Election Procedures," of Article V, entitled "Other Regulations ", of Chapter 8 of the Mount Prospect Village Code shall be deleted in its entirety, and a new Section 8.504, inserted, to be and read as follows: 8.504 Election Procedures A. The election of the Village President and Trustees shall be conducted pursuant to applicable provisions of the Illinois Election Code, 10 ILCS 5/1 -1 et seq., and the Illinois Municipal Code, 65 ILCS 5/1 -1 -1 et seq., except as provided in Subsection B below; B. In accordance with the approval of a binding referendum on February 2, 2010, the election of the Village President and Trustees shall be conducted as follows: 1. Election shall be pursuant to a non - partisan system; 2. No primary election shall be required for such offices; and 3. The nominating signature requirement for such offices shall be equal to at least one percent (1 %) of the number of registered voters in the village of Mount Prospect at the last preceding election for Village President. 252556_2 1 SECTION 3: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of , 2010 Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H: \CLKO \WIN \ORDINANCE2 \MP Ord Amd Ch 8 RE Election Proceduresdraftjuly2010.DOC 252556_2 2 MAYO K IMAGE MANAGER lrs;ana K. Wilke - Michael E. Jainonis TRUSTEES VILLAGE CLERIC Paul Wn. Hoe..€eit M. Lisa Angell Arlene A. juracek A. John Korn Phone: 847/392-6000 John J. Mai uszak Fax: 847/392 -6022 Steven S. Polit ` 'IDD: 847/392 - 6064 Michael A. zadel .untpriospect.org Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: VILLAGE CLERK DATE: AUGUST 26, 2010 SUBJECT: CONSOLIDATED ELECTIONS On September 21, 2010 candidates for the office of Village Trustee in the 2011 Election can begin circulating petitions. Attached is the memorandum to be made available to individuals seeking office at the local level. In addition, to the memorandum candidates will receive: ▪ Nonpartisan Candidate Petition (Village of Mount Prospect suggested petition form) • Nonpartisan Statement of Candidacy (form) Most importantly though, candidates will be advised to visit the State Board of Election web site at www.elections.state.iius. The Candidate's Guide for 2011 (which should be published by mid - September) is prepared to provide information for candidates seeking office at the local level in 2011. The complete Candidate's Guide can be downloaded from this site. The Clerk's Office will make copies of the Candidate's Guide available upon request. Candidate's are further advised that the information provided by the Viiiage Clerk's office is presented as a guide only. It is the responsibility of the potential candidate to verify information for the 2011 Consolidated Election with the State Board of Elections at 217/782/4141 or Chicago 312/814/6440. • As previously discussed the Village Clerk's office will not notarize candidate's petitions but will make sure a Village notary is available if a circulator presents petitions for notarization. MAY* R Mount 7 VILLAGE MANAGER I_rvana K wilks — Michael E. Janonis TRUSTEES VILLAGE C✓I.F.IZIC Paul_ Wm. Hoefert M. Lisa r°•.xigell Arlene A. Juracek A. John Korn Phone: 847 /392 -6000 John J. Matuszak Fax: 847/392 -6022 Steven S. Poh t TDD: 847/392 -6064 Michael A. Zadel www.mountprospect.org Village .s;f Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 61156 MIEMO,'AND M TO: OUNT PROSPECT VILLAGE •D CANDIDATES FROM: VILLAGE CLE, *ATE: SEPTE' ER 0, 2010 SUBJECT: APRIL 5, 2011 CONSOLIDATE(* ELECTION [By binding referendum, approved February 2, 2010, the Village of Mount Prospect has a nonpartisan election system, easing a nominating signature requirement that is equal to at least 1% of the number of registered voters in the Village of Mount Prospect and requires n primary election.] On Tuesday, April 5, 2011 Mount Prospect voters will elect three (3) trustees to serve on the Mount Prospect Village oard fro May 1, 2011 through pril 30, 2015. individuals interested in running for the office of Village Trustee in the 2011 Consolidated Election are advised to visit the State Board of Elections website =t wwwelectrons.stateii.us. The Candidate's Guide for 2011 has been prepared to provide information for candidates sPeking office at the local level in 2011. Information includes filing dates, general requirements for filing as well as answers to some of the more frequently asked questions about n ,inating petitions and procedures. The co plete candidate's guide can be downloaded from this site. Potential candidates should be aware that the State Board of Elections may revise the Candidate's Guide after its release. Please check the web site for possible revisions. Candidates m y begin circulating petitions on September 21, 2010. Signature requirements for the nonpartisan candidate petitions is equal t•- at least 1% of the total nu ber of registered voters in the Village of Mount Prospect [10 ILCS 5/10-3.11 The 1% is determined by the Cook County Clerk's Office Registration Statistics of the number of registered voters in the last preceding election for Village President. The nun giber of signatures required on the nomination petitions for the 2011 Consolidated Election is at least 307. • candidate memo Page 2/2 To file for candidacy individuals must submit the following documents in the Office of the Mount Prospect Village Clerk: • NONPARTISAN Candidate Petitions (Village of Mount Prospect suggested petition form (attached) O NONPARTISAN Statement of Candidacy (2011 State of Illinois Candidate's Guide) attached ® Statement of Economic Interests receipt from, (Secretary of State, Cook County Clerk's Office of State Board of Elections) not attached © Loyalty Oath (optional), from (2011 State of Illinois Candidate's Guide) not attached The filing period for individuals seeking office is December 13 to December 20 2010. 2011 ELECTION DATES FILING INFORMATION APRIL 5, 2011 CONSOLIDATED ELECTION September 21, 2010 First day to circulate nominating petitions 1ecember 13 a Filing peri• Dece ber 20 2010 Dece ber 27 2010 Last day to file •bjections to nor ,inating petitions (need to confirm) Filing of Candidacy: VILLAGE CLERK'S OFFICE VILLAGE OF MOUNT PROSPECT 50 SOUTH EMERSON STREET, 3 FLOOR MOUNT PROSPECT, ILLINOIS 60056 7/818.5355 This information is presented as a guide only. It is the responsibility of the potential candidate to verify filing requirements for the 2011 Consolidated Election with the State Board of Elections at 217/782 -4141 or Chicago 312/814 -6440. -` ft \CLY,O\WIN \Election ©ocumenis\candidate memoapri12011electiona.doc X BIND HERE X VILLAGE OF MOUNT PROSPECT Suggested 9/2010 NONPARTISAN CANDIDATE PETITION We, the undersigned, qualified voters in the Village of Mount Prospect in the County of Cook and State of Illinois, do hereby petition that the following named person shall be a Nonpartisan Candidate for election to the office hereinafter specified, in the Village of Mount Prospect, to be voted for at the Consolidated Election to be held on (date of election). NAME OFFICE ADDRESS — ZIP CODE full term or vacancy (circle one) NAME STREET ADDRESS VILLAGE COUNTY (VOTER'S SIGNATURE) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 State of ) County of ) SS. do hereby certify that I reside at (Circulator's Name) (Street Address) in the of (Village) (Municipality) (Zip Code) County of , State of that I am 18 years of age or older, that I am a citizen of the United States, and that the signatures on this sheet were signed in my presence, not more than 90 days preceding the last day for filing of the petitions and are genuine and that to the best of my knowledge and belief the persons so signing were at the time of signing petition registered voters of the Village of Mount Prospect, and that their residences are correctly stated as above set forth. (Circulator's Signature) Signed and sworn to (or affirmed) by before me, on (Name of Circula: or) (insert month, day, year) (SEAL) (Notary Public Signature) SHEET NO. 10 ILLS 5/10 -5 ATTACH TO PETIT6ON Suggested Revised Nov., 2004 SBE No. P -1A STATEMENT OF CANDIDACY NONPARTISAN NAME DDRESS=ZIP CODE OFFICE CITY, VILLAGE OR DISTRICT STATE OF ILLINOIS ) SS. County of being first duly sworn (or affirmed), say that I reside at , in the City, ,pillage, Unincorporated Area (circle one) of (if unincorporated, list municipality that provides postal service) Zip Code , in the County of , State of Illinois; that I am a qualified voter therein, that I am a candidate for Nomination or Election (circle one) to the office of in the Name of City, School, College or Special District to be voted upon at the election to be held on (date of election) and that I am legally qualified to hold such offiu-; and that i h e filed (or l will file. before the cinse of the petition filing period) a Statement of Economic Interests as required by the Illinois Governmental Ethics Act and I hereby request that my name be printed upon the official ballot for Nomination or Election (circle one) to such office. (Signature of Candidate) Signed and sworn to (or affirmed) by before me, on (Name of Candidate) (insert month, day, year) (SEAL) (Notary Public's Signature) • Amended 7/20/09 P. 26 State of Illinois CANDIDATE GUIDE .20 1 . ,,...,,,,,„ • . ,,,,/ ,. AV B • Afto A ,i ''''N')•-•,_ .. , _ ial‘g :iirri 1 1 4. ES IX kr' * . N .-41. l % Issued by the STATE BOARD OF ELECTIONS V. ELECTION DISCUSSION /REFERENDUM Village Manager Michael Janonis briefly summarized the difference between the Village's past and most recent local election process and some of the related issues that should be considered, including (1) whether the Village should continue to follow a non- partisan election process; and (2) what role the Village Clerk's Office should play as the local election official in assisting candidates to file their petition and supporting documentation. He stated that a referendum may have to be presented to the community if the election process were to be changed. Prior to fielding questions from the Village Board of Trustees, Village Attorney Everette Hill added that the Village has been conducting their election for several decades in a non - partisan manner. He acknowledged that the Village's election process (including the petition filing dates) had recently changed to adhere to the State of Illinois's election guidelines (primary filing deadlines and signature requirements). Additionally, he noted that a referendum would be required if (1) the Village Board wanted to adopt a partisan election process; or (2) the Village Board decided to maintain its non - partisan status, but return to the old petition filing deadlines and signature requirements. In regards to the second alternative, he stated that the Board would essentially create its own "boutique" election process, an altemative supported by an Illinois Attorney General legal opinion. General comments, questions or concerns from the Village Board regarding the election process included the following: • Does the State require a non- partisan community to use the primary filing deadline; • Does the new State signature requirements make it easier to get on the ballot; • Opinions differed regarding the impact of the new signature requirement; • Why did the State change the guidelines; • What have other communities done in response to the State's changes; • How many candidates would force a primary election; • Who pays for elections; • Want to stay a non - partisan election system; • When should a referendum be submitted to be on a ballot; • A referendum to create a "boutique" election process could be very difficult to create. In addition to the election process, the Village Board also discussed the Village Clerk's role in the process, specifically regarding the petition filing process. General comments, questions or concerns from the Village Board included the following: • Clerk's Office should continue to provide candidate's guide, petition forms, and other handouts; • Clerk's Office should not offer advice regarding how to complete a candidate's petition and supporting materials nor should it provide an opinion regarding the completeness, accuracy, or validity of the candidate's petition and supporting materials; • Opinions differed regarding whether the Clerk's Office should notarize candidate materials. Committee of the Whole Page 2 of 3 5/26/09 Village Attorney Everette Hill stated that it is his expectation that local municipalities would have additional options to regulate locations of such machines since the restrictions do not prohibit towns from additional regulations beyond what have be stipulated by the State, for example specific eligibility or location of such machines. Jeff Martinez owner of Bogies Ale House spoke. He stated that he feels the Village has been quite responsive in keeping a level playing field compared to other surrounding communities. He felt if these machines were not allowed and they would be available in surrounding communities, that his establishment would have an unfair disadvantage compared to the other communities. He would be satisfied with waiting for the decision until the State creates the rules and regulations. More comments from the Village Board members included the following items; • There was some discussion about the process for the citizens themselves to put a referendum on the ballot to consider the video gaming within the community. • There was also a general discussion about the utilization of an advisory referendum regarding gambling within the community. • A discussion ensued about the potential revenue to the Village and how best to determine estimates for such revenue could be undertaken. Manager Janonis stated that he would recommend the Village Board have additional discussion after January 2010, assuming the rules and regulations are available by then. Staff would continue to gather additional input and the online survey would continue to be live for residents and businesses to voice their opinion. Ted Pappas the owner of Paps Bar and Grill spoke. He compared the installation of video poker machines as the same type of device that is currently in most grocery stores in plain view that self dispenses instant lottery tickets. He is very concerned about the possible competitive disadvantage compared to other communities if Video Poker is not allowed in Mount Prospect and it is in surrounding communities. Nick Figaro owner of Mrs. P & Me spoke. He stated that when the Village Board discussed outdoor dining the actual discussion focused on how outdoor dining is considered in a negative light however; a determination was made based on a reasonable discussion and it has been very successful for businesses in the community. Consensus of the Village Board was to consider an Ordinance at the next Village Board meeting that would prohibit Video Poker machines until the Illinois State Gaming Commission has developed rules and regulations. Once those rules and regulations become available the Village Board would consider whether video poker machines should be allowed in Mount Prospect and whether additional regulations would be necessary for local regulation. VI. BOUTIQUE ELECTION DISCUSSION Mayor Wilks provided general information regarding the local election process within the Village of Mount Prospect. Manager Janonis stated that he is looking for direction from the Board regarding the role of the Village Clerk regarding the election process and whether a referendum question should be considered. Committee of the Whole Page 3 of 5 9/08/09 Village Attorney Hill provided the background on previous discussion regarding the local election process and the past historical practice within the community. He also provided information about the differentiation between a non - partisan election with no primary necessary regardless of the number of candidates for each specific office and an election which would require a primary. He also provided information about the specific number of signatures to get on the ballot based on the number of registered voters as an option for consideration. He stated as a Home Rule community the Village can determine its local election process as long as it is not prohibited by the statutes. He also confirmed that any referendum would not be binding on the Board and would not change the form of government if the election process were put to a vote. He stated that he would undertake research regarding binding referendum questions regarding the election process. General comments from the Village Board members include the following items: • There was a general discussion regarding the communication methods and how any information regarding a possible referendum would need to be communicated to the citizens to make sure they were fully informed before they made a decision. • There was also a concern regarding how such a referendum question would be worded. • There was also a discussion regarding the proposed number of required signatures compared to other local elected boards. Manager Janonis stated that if a referendum were to be considered it would need to be completed by November 30 in order for it to be placed on the February 2010 ballot. It can also be placed on the November 2010 ballot if the determination to place it on the ballot was completed by August 30. General comments form the Village Board members included the following items: • There was a discussion regarding the number of signatures required to get on the ballot in addition to the impact of binding vs. non - binding referendums. • There was also a discussion regarding the role of the Village Clerk in accepting and /or processing completed petitions filed by persons interested in running for local municipal office. • A discussion ensued regarding the means or methods that are available to simplify the process relating to Village petitions and elections for persons that may be considering elected office. This would also assist the voters in understanding the election process itself. Manager Janonis confirmed that the Village Clerk would only accept any completed petitions and would not review any petitions submitted for elections. He also confirmed that the Clerk would provide the Election packet both in hard copy and electronic format. He confirmed that there would be no notarizing of petitions by the Village Clerk. He also suggested that this topic will come back for further discussion on the October 13 COW meeting for final consideration. VII. MANAGER'S REPORT Manager Janonis wanted to remind everyone of: • The 9 -11 Ceremony at Fire Station 13 at 9:00 a.m. on September 11 • The Coffee with Council event on September 12 from 9:00a.m. to 11:00 am • The Family Bike Ride at Mellas Park starting at 9:00 a.m. also on September 12 • The French Market from 8:00 a.m. to 1:00 p.m. on September 13th Committee of the Whole Page 4 of 5 9/08/09 Village Manage Janonis stated that he would bring back the proposal for Village Board action at the next Village Board meeting. Refinancing of Debt Discussion Finance Director David Erb stated there is an opportunity to take advantage of refinancing and combining debt for the second phase of the construction projects currently underway. He stated that refinancing the 2001 debt into existing debt would replace old debt with a lower interest rate, thereby saving the Village money. He stated typically on a refinancing there is a desire to have a net present value savings of 2 to 3 %. With this scenario the net present value savings would be approximately 8 %. He would look to issue the Bond sale on December 1, 2009 and close on the Bond on December 15, 2009 if the Village Board approved this proposal. Consensus of the Village Board was to support the staff recommendation for refinancing the 2001 debt and the second phase construction project cost of Phase 1 projects (Fire Station, EOC, Public Works expansion). V. NON PARTISAN, NO PRIMARY ELECTION DISCUSSION Village Manager Janonis stated this is a continuation of a discussion of September 8. He stated that he is recommending a discussion focusing on the referendum question and the development of a possible fact sheet to determine the number of signatures for petitions to get on the Village ballot. He reiterated that no Village funds may be used to support or encourage any vote regarding the referendum question. He stated the Village could publish fact sheets but if any costs go over $3000 there may be a requirement to register as a lobbyist. Village Attorney Everette Hill provided the Board with information regarding how the referendum question was designed and describing the existing system and the interpretation of the State Election Board in relation to the most recent municipal election. He stated the Village election is a non - partisan election utilizing local election dates and determining the number of signatures to get on the ballot. The number of signatures can be based on a percentage number of total registered voters or a percentage of voters that participated in the last mayoral election. He stated the drafted referendum question reflects what Mount Prospect has done over at least the last fifteen election cycles. Comments from the Village Board members included the following items: • There was extensive discussion regarding the wording of the referendum question with numerous suggestions of the wording and additional language that could be inserted to clarify the question itself. • There was also a general discussion regarding the number of signatures necessary to get on the ballot and the justification for determining how that number should be arrived at. • There was a discussion regarding the impact of the window for circulating petitions and its relationship to the number of signatures required. Consensus was to move the revised referendum question onto a Village Board meeting for general discussion and consideration at the next meeting. Village Attorney Hill clarified the discussion by stating that if nothing is done regarding the referendum the non - partisan option for the primary and 1% signatures based on the number of voters in the last mayoral election would be utilized. He stated this configuration was determined by the State Election board. Committee of the Whole Page 2 of 3 10/13/09