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HomeMy WebLinkAbout2017/12/06 - ADMIN - Agenda Packets - Charter Commission - RegularAGENDA CHARTER COMMISSION MEETING ST. LOUIS PARK, MINNESOTA December 6, 2017 5:30 p.m. – City Hall, Community Room The mission of the Charter Commission is to evaluate and propose changes which are warranted in the city Home Rule Charter as provided by State Statute. Home Rule Charters are, in effect local constitutions passed by local voters and cannot conflict with state laws. Commissioners are appointed by the Chief Judge of Hennepin County District Court and serve on a volunteer basis. (Commissioners are not appointed by City Council.) Staff provides assistance to prepare agendas and performs other administrative duties. 1. Call to Order 2. Roll Call & Attendance a.Requests for Excused Absences 3. Approval of Minutes – October 24, 2017 Charter Commission Meeting 4. Old Business a.Proposed Charter Amendments related to Ranked Choice Voting and Campaign Finance Contribution Limits 5. New Business 6. Future Meetings 7. Communications a.Ranked Choice Voting Information from League of Women Voters b. Communication received from Diane Steen-Hinderlie 8. Adjourn For more information or questions regarding this agenda, please contact Melissa Kennedy at 952- 928-2840 or Chair Sara Maaske at smaaske@outlook.com Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call Administrative Services at 952-924-2525. UNOFFICIAL MINUTES CHARTER COMMISSION MEETING ST. LOUIS PARK, MINNESOTA October 24, 2017 6:00 p.m. – Community Room, City Hall 1. Call to Order Chair Maaske called the meeting to order at 6:00 p.m. 2. Roll Call and Attendance Members Present: Maren Anderson, JC Beckstrand, Jim Brimeyer, Gary Carlson, Jim de Lambert, Terry Dwyer, David Dyer, Matthew Flory, Ken Gothberg, Sara Maaske, Andrew Rose, Erin Smith, and Henry Solmer. Members Absent: Lynne Carper (absence excused), Ron Jarvi, Jr. Others Present: Nancy Deno (Deputy City Manager/HR Director), Soren Mattick (City Attorney), and Melissa Kennedy (City Clerk) New members Andrew Rose and Erin Smith introduced themselves to the commission. 3. Approval of Minutes a. March 21, 2017 Charter Commission Meeting It was moved by Commissioner Brimeyer, seconded by Commissioner Dyer, to approve the minutes of March 21, 2017. The motion passed 13-0. 4. Old Business a. Update on Approved Charter Amendment Eliminating Municipal Primary Elections and Changing Candidate Filing Requirements Ms. Kennedy informed the commission that the previously approved Charter amendment took effect on August 16, 2017. New copies of the City Charter were provided to each commissioner and the published version on the city website was also updated. 5. New Business a. Proposed Charter Amendments related to Ranked Choice Voting and Campaign Finance Contribution Limits Chair Maaske asked staff to provide an overview of the purpose of the meeting and the request from the City Council. Ms. Kennedy stated that the City Council had discussed the topic of Ranked Choice Voting (RCV) numerous times since 2006. She noted that the staff reports and minutes from the Council’s previous discussions were provided in the Charter Commission’s agenda packet at the request of Chair Maaske. She explained on October 2, 2017 the City Council adopted a resolution asking the Charter Commission to study and make a recommendation as to whether the Charter should be amended to provide for the use of RCV to elect candidates to the City Council beginning with the 2019 election, and whether the Charter should be amended to change campaign finance contribution limits to match the limits set forth in statute. DRAFT Charter Commission Minutes -2- October 24, 2017 Mr. Mattick stated the questions before the Charter Commission were policy questions. He explained the questions at this time are not related to how RCV would be administered, but rather whether or not the City should implement RCV as the method by which candidates would be elected to the city council. He noted that statute allows Charter cities the option to implement an alternative voting method by amending the Charter, whereas statutory cities and school districts do not currently have the same option. Ms. Kennedy asked Mr. Mattick to review the Charter amendment process outlined in statute. Mr. Mattick explained the City Council specifically asked the Charter Commission to consider amending the Charter according to the process outlined in M.S. 410.12, Subd. 7. He noted that this process required a positive recommendation of at least eight (8) members of the Charter Commission and an ordinance to amend the Charter would require a unanimous vote of all 7 councilmembers. He stated under this statute an ordinance to amend the Charter, even if approved by all 7 members of the Council, would not take effect until 90 days after passage and publication. Within the first 60 days of that 90 day period, a petition requesting a referendum on the ordinance may be filed with the city clerk. If the requisite petition is filed within that period, the ordinance would not take effect until approved by the voters. He noted the Council would also have the option, at that point, to choose not to move forward with the ordinance to amend the Charter. Commissioner Dyer asked if the Charter Commission could make a recommendation to the City Council to put the question on a ballot. Mr. Mattick stated the commission could make such a recommendation. He explained the Council would then vote on the recommendation as proposed by the Charter Commission. Chair Maaske suggested splitting the two amendments and to focus the first part of the discussion on the proposed amendment related to RCV. She stated it would be helpful to hear each commissioner’s thoughts and questions on the RCV amendment to get an idea of where the commission was at and to figure out a plan for how to move forward. Commissioner de Lambert questioned if something had changed related to statutory authority since the first time this topic was discussed. Mr. Mattick stated he didn’t know that anything had changed per se, but did note that since that time two cities, Minneapolis and St. Paul, have implemented and used RCV in their municipal elections. He added that the constitutionality of RCV was challenged and the State Supreme Court upheld its use. Commissioner Brimeyer stated he is generally supportive of RCV but feels it is too early to make a decision as further discussion is needed. He noted he did not want to see a scenario in which the City could potentially elect a Mayor receiving less than 50% of the vote. He explained he would not be in favor of a referendum because he felt they should be limited to issues related to finances and the Council is elected to make policy decisions. He thinks it would be very difficult to educate and inform voters on the concept of RCV in order to get them prepared to vote on the question. He added he would like to see some draft language of the proposed Charter amendment. Mr. Mattick stated a draft amendment could be put together fairly easily. He noted that the Charter amendment would only provide for the use of RCV and the rules and procedures related to election administration would be adopted by an ordinance requiring a simple majority vote of the Council. DRAFT Charter Commission Minutes -3- October 24, 2017 Commissioner Gothberg stated that RCV is a solution looking for a problem and he does not think the concept is an all-encompassing solution. He explained the city does not know what the impact will be yet of eliminating the primary because the new format will not be used until 2019. He noted it would be a big mistake to not send the question to the voters if the city wants to pursue RCV. Commissioner Dyer stated he appreciates the concept of RCV but is not sure if a change is necessary because he hasn’t seen a need and does not understand what the actual problem is that the city is trying to address. He agreed that the decision should be up to the voters because it affects their ability to vote and the way in which they elect their representatives. Commissioner Flory stated he did not have a problem with RCV, but felt strongly that the question should go to the public. He noted that civic engagement is an extreme source of pride in St. Louis Park and residents appreciate a robust public process. He also expressed concern that having multiple voting methods on the same ballot may be confusing for voters. Commissioner Anderson stated she would like more information on experiences in other cities that have used RCV, both successes and failures. Commissioner Dwyer stated he supports the concept of RCV but does not feel that there is enough data available to truly make a determination as to whether or not cities that use RCV actually realize the outcomes they seek. He added until the method is more widely used people will always be chasing a sufficient sample size of data to really evaluate the effectiveness of RCV. He explained he felt the decision should be made by the City Council with a robust public process because it is hard for people to educate themselves on ballot questions. Commissioner Rose stated civic engagement is a big component of this question and if a change is made a lot of education would be required up front, but over time people adapt to change. He noted that he is in favor of seeking more technical and process improvements to help simplify the administration of a RCV election. He supports moving forward and would also be ok with a referendum if necessary. Commissioner Beckstrand echoed Commissioner Gothberg’s sentiment that RCV is a solution looking for a problem. He stated he looked at the question from many different angles and spoke with election officials from Ramsey County, and had a hard time finding something that was a tipping point that would require a change of this magnitude. He encouraged his colleagues not to underestimate the importance of voter and election judge education and the undertaking that would be for staff. He noted that although he is not opposed to the concept, he is not necessarily in favor of making a change unless there is a strong reason to do so. Commissioner Carlson stated he supports the concept of RCV in general and feels comfortable letting the City Council make the decision given that there is an option for a reverse referendum process included in M.S. 410.12, Subd. 7. Commissioner de Lambert explained that he is open to considering the change and felt the request from the Council was reasonable. He stated he is not thrilled with the election system as a whole in the United States and he was in favor of at least making RCV an option. DRAFT Charter Commission Minutes -4- October 24, 2017 Commissioner Solmer stated he is open to the concept of implementing RCV but felt strongly that the issue should not go to a referendum. He is in favor of gathering input from the public, but felt the decision should be made by the Council. Commissioner Smith stated she is in favor of RCV and does not like being limited to one choice if there is a strong pool candidates. She added she struggles with the idea of a referendum because the issue is not monetary and a lot of voters are uneducated when they go to the polls. Chair Maaske explained her main concern is that there be a robust public process before a decision is made. She expressed concern that the only public input was at the public hearing for the Charter amendment to eliminate the Primary, and she does not feel that the public at large has had an opportunity to be heard. She stated she is also unclear what the problem is that we are trying to solve. The no Primary system has yet to be tested in St. Louis Park and she would like to see the effects of that amendment and the increase in the number of signatures on a nominating petition. She stated she is not sure that implementing RCV will result in more candidates or diversified representation. She suggested that the Charter Commission outline the process they would like to use to be able to form a recommendation for Council and present their questions to staff if additional information is needed. She noted both Minneapolis and Duluth appointed a citizen task force to independently study RCV and provide a recommendation to the Council, and both ended up as questions on a ballot. She added she still has a number of questions she would like staff to research. 1. What are the types of elections that are run in the Hennepin County cities that currently do not have Primary elections? Are they all at-large seats? Do they elect the top vote getters in one race to fill multiple seats? 2. Provide a rough cost estimate of the administrative costs related to the implementation and administration of an RCV election. 3. Is there a study or analysis of campaign spending has changed in Minneapolis or St. Paul elections since the implementation of RCV? 4. Have there been any studies related to incumbents and how often incumbents win both in St. Louis Park and in cities where RCV is used? Commissioner Beckstrand stated he would like a better understanding of any unintended consequences of switching to RCV. Ms. Kennedy explained that the city has to administer elections regardless of the process selected and the Charter Commission’s decision should not be based solely on administrative factors because staff will be prepared and will have the resources in place to run an election no matter what voting method is used. Commissioner Gothberg stated he would like staff to provide more information on the following: 1. Why did the ballot question fail in Duluth? What were the opinions of voters on that process and ballot measure? 2. Why has RCV been repealed in other cities in the United States? Ms. Kennedy reviewed the questions that were posed and stated staff would make every effort to find the information, although some of the questions may be difficult to answer if no data exists. DRAFT Charter Commission Minutes -5- October 24, 2017 Ms. Deno reminded the Commission that the City Council had gone through their process and is asking the Charter Commission for a recommendation. She noted the Commission could not necessarily tell the City Council to undertake a separate public process. The commissioners agreed that the topic of public process should be discussed at the next meeting. It was moved by Commissioner Gothberg, seconded by Commissioner Beckstrand, to direct staff to return with additional information in response to the questions raised by the Commission related to Ranked Choice Voting, to prepare a draft Charter amendment for review, and to schedule a follow-up meeting for additional discussion. The motion passed 13-0. Chair Maaske asked for further explanation of the proposed amendment related to campaign finance contribution limits. Mr. Mattick explained that Section 12.04 of the City Charter limits campaign contributions to $250 per year and State statute limits campaign contributions to $600 in an election year. He stated during the 2017 municipal election cycle, staff received several questions regarding this topic and he was asked to provide an opinion as to which limit should govern campaign contributions in St. Louis Park. In this instance he provided the opinion that the statute should govern and a candidate may accept contributions up to $600 in an election year. He noted the primary reason for his opinion is that the when adopting M.S. 211A.12, the Legislature specifically stated that provisions of that section should supersede any home rule charter. He added that M.S. 211A.12 only addresses campaign contribution limits, and the statute does not apply to other provisions of the Charter. Ms. Kennedy explained the City Council discussed this discrepancy and thought it would be best for the Charter Commission to consider an amendment that would eliminate the conflict and eliminate confusion for candidates in future elections. Commissioner Dwyer asked if the commission should consider amending any of the other provisions in the Charter related to campaign finance. Mr. Mattick stated the conflict was specifically related to Section 12.04, Subd. 1, but noted he would review again to ensure no other changes should be considered. Commissioner Dwyer asked if the recommendation was to eliminate the language altogether or to change the limits to match what is set forth in statute. Mr. Mattick stated the safest option would be to simply reference the statute so if the limits were to change in the future another Charter amendment would not be required. The consensus of the Commission was to reference M.S. 211A.12 and the limits as defined. Mr. Mattick stated he would prepare a draft amendment for consideration at the next meeting. 6. Future Meetings The Charter Commission scheduled their next meeting for December 6, 2017 at 5:30 p.m. The meeting will be held in the Westwood Conference Room on the 3rd floor of City Hall. DRAFT Charter Commission Minutes -6- October 24, 2017 7. Communications - None 8. Adjournment It was moved by Commissioner Carlson, seconded by Commissioner Flory, to adjourn the meeting. The motion passed 13-0. The meeting adjourned at 7:45 p.m. Respectfully submitted by: Melissa Kennedy, City Clerk DRAFT Charter Commission Meeting Date: December 6, 2017 Agenda Item: 4a TITLE: Proposed Charter Amendments related to Ranked Choice Voting and Campaign Finance Contribution Limits On October 24, 2017 the Charter Commission met to discuss a request received from the City Council that, pursuant to M.S. 410.12, Subd. 7, the Charter Commission study and make recommendations regarding two possible Charter amendments.  The first council directive is asking the Charter Commission to study and make a recommendation as to whether the City’s Charter should or should not be amended to provide for the use of Ranked Choice Voting (RCV) in municipal elections.  The second council directive is asking the Charter Commission to study and make a recommendation on amending the City’s Charter provisions related to campaign finance contribution limits. Following discussion by the Charter Commission, staff was directed to prepare a draft Charter amendment for review at the next meeting and to provide additional information, to the extent it is available, on the following questions:  What are the types of elections that are run in other Hennepin County cities that do not have Primary elections? Are they all at-large seats? Do they elect the top vote getters in one race to fill multiple seats?  Provide a rough cost estimate of the administrative costs related to the implementation and administration of an RCV election.  Is there a study or analysis of how campaign spending has changed in Minneapolis or St. Paul since the implementation of RCV?  Have there been any studies related to incumbents and how often incumbents win in St. Louis Park and in cities where RCV is used?  Why did the ballot question related to RCV fail in Duluth? What were the opinions of voters on that process and ballot measure?  Why has RCV been repealed in other cities in the United States? Additionally, the Charter Commission requested that the City Attorney provide draft language related to campaign finance contribution limits that would reflect what is allowed by state law. The City Attorney will again be in attendance at the meeting to answer questions regarding the draft amendments and to provide guidance regarding the statutory process to amend the Charter. Attachments: Discussion Draft of Proposed Charter Amendments Prepared by: Melissa Kennedy, City Clerk Charter Commission Meeting of December 6, 2017 (Item No. 4a.) Page 2 Subject: Proposed Charter Amendments related to Ranked Choice Voting and Campaign Finance Contribution Limits DISCUSSION What are the types of elections that are run in other Hennepin County cities that do not have Primary elections? Are they all at-large seats? Do they elect the top vote getters in one race to fill multiple seats?  Larger cities in Hennepin County that do not have Primary elections: City Odd/Even Year Council Composition Ballot Style Eden Prairie Even Year Mayor – 4 year term 4 At-large Council (4 year terms each) 1 race on the ballot “Councilmember Elect 2” Top vote getters win seats Edina Even Year Mayor – 4 year term 4 At-large Council (4 year terms each) 1 race on the ballot “Councilmember Elect 2” Top vote getters win seats Excelsior Even Year Mayor – 2 year term 4 At-large Council ( 4 year terms each) 1 race on the ballot “Councilmember Elect 2” Top vote getters win seats Golden Valley Odd Year Mayor – 4 year term 4 At-large Council (4 year terms each) 1 race on the ballot “Councilmember Elect 2” Top vote getters win seats Hopkins Odd Year Mayor – 2 year term 4 At-large Council ( 4 year terms each) 1 race on the ballot “Councilmember Elect 2” Top vote getters win seats Maple Grove Even Year Mayor – 4 year term 4 At-large Council (4 year terms each) 1 race on the ballot “Councilmember Elect 2” Top vote getters win seats Plymouth Even Year Mayor – 4 year term 2 - At-large Council 4 – Ward Council (4 year terms each) Separate Race for Each Office on the ballot; “Vote for One” Orono Even Year Mayor – 2 year term 4 At-large Council ( 4 year terms each) 1 race on the ballot “Councilmember Elect 2” Top vote getters win seats Osseo Even Year Mayor – 2 year term 4 At-large Council ( 4 year terms each) 1 race on the ballot “Councilmember Elect 2” Top vote getters win seats Wayzata Even Year Mayor – 4 year term 4 At-large Council (4 year terms each) 1 race on the ballot “Councilmember Elect 2” Top vote getters win seats Provide a rough cost estimate of the administrative costs related to the implementation and administration of an RCV election.  The costs that may be associated with the implementation and administration of an RCV could vary widely based on the direction provided by the city council related to the development of the rules and procedures for administration of an election itself. The costs are also dependent on how the method itself would ultimately be adopted – via ordinance amendment by the council or via referendum by voters. Because so many factors remain undecided, conservative cost estimates were provided and remain very preliminary. Charter Commission Meeting of December 6, 2017 (Item No. 4a.) Page 3 Subject: Proposed Charter Amendments related to Ranked Choice Voting and Campaign Finance Contribution Limits  These are the major areas that would require the most resources:  Legal costs - $10-15,000  Voter outreach and education - $25,000  Election judge training - $10-15,000  Election materials and supplies for use in precincts - $10,000  Additional elections staff in Clerk’s office - $20-$30,000  Post-election survey - $25-30,000  Independent audit firm to evaluate counting method - $15,000 Is there a study or analysis of how campaign spending has changed in Minneapolis or St. Paul since the implementation of RCV?  Staff was unable to find any information that specifically addressed this question. Have there been any studies related to incumbents and how often incumbents win in St. Louis Park and in cities where RCV is used?  Staff was unable to find any information that specifically addressed this question in municipal elections. The chart below details the election results in St. Louis Park for the last (6) municipal elections. Year Races Candidates Winners 2017 Councilmember Ward 1 Councilmember Ward 2 Councilmember Ward 3 Councilmember Ward 4 Margaret Rog, Brian Shekleton Anne Mavity*, Noelle Racette Rachel Harris, Jim Leuthner Tim Brausen* Margaret Rog Anne Mavity Rachel Harris Tim Brausen 2015 Mayor At-Large A At-Large B Conrad Segal, Jake Spano Steve Hallfin Sara Maaske, Thom Miller Jake Spano Steve Hallfin Thom Miller 2013 Councilmember Ward 1 Councilmember Ward 2 Councilmember Ward 3 Councilmember Ward 4 Sue Sanger* Anne Mavity* Gregg Lindberg, Sue Santa* Tim Brausen, Bill Theobald Sue Sanger Anne Mavity Gregg Lindberg Tim Brausen 2011 Mayor At-Large A At-Large B Jeff Jacobs* Steve Hallfin, Justin Kaufman Claudia Johnston-Madison, Jake Spano Jeff Jacobs Steve Hallfin Jake Spano 2009 Councilmember Ward 1 Councilmember Ward 2 Councilmember Ward 3 Councilmember Ward 4 Sue Sanger* Claudia Johnston-Madison, Anne Mavity Sue Santa Julia Ross, Bill Theobald Sue Sanger Anne Mavity Sue Santa Julia Ross 2007 Mayor At-Large A At-Large B Jeff Jacobs* Paul Omodt* Phil Finkelstein* Jeff Jacobs Paul Omodt Phil Finkelstein Note: * indicates that candidate was the incumbent for that office. Charter Commission Meeting of December 6, 2017 (Item No. 4a.) Page 4 Subject: Proposed Charter Amendments related to Ranked Choice Voting and Campaign Finance Contribution Limits Why did the ballot question related to RCV fail in Duluth? What were the opinions of voters on that process and ballot measure?  Staff contacted the City of Duluth and the response we received was as follows: “it is difficult to say why any specific ballot measure is not passed by voters. For this particular question 15,564 “no” votes were cast and 5,271 “yes” votes were cast”. Why has RCV been repealed in other cities in the United States?  Aspen, Colorado (population 6,658) – in a mail-only election in November of 2009, by a margin of six votes, voters opted to eliminate ranking city council and mayoral candidates by preference on the municipal election ballot. The City of Aspen first used IRV in a municipal election in May of 2009. The specific IRV method used was the first in the country to incorporate multiple candidates for multiple seats. In response to concerns raised by some elected officials and residents following the May election the council put a question on the November 2009 ballot. In November of 2010 the city council put another question on the ballot to officially amend the Charter and repeal the use of IRV for municipal elections and return to the original runoff system that had been used prior to the 2009 election cycle. The ballot measure passed with 65% of the vote in favor of repealing IRV.  Burlington, Vermont (population 42,417) - the city approved IRV for use in mayoral elections in 2005. In 2009 IRV was used in the mayoral election for the second time. Following the 2009 election, a group of Burlington residents submitted a petition requesting that a question be placed on the ballot in 2010 to repeal the use of IRV and revert to the system previously used in which a simple plurality (40%) is required to win. If no candidate reaches the 40% threshold. A special runoff between the top two candidates is then held 30 days later. In 2010 the ballot question to repeal IRV passed by a vote of 52% to 48%. In 2011 an initiative to increase the winning threshold from 40% plurality to a 50% majority failed. Charter Commission Meeting of December 6, 2017 (Item No. 4a.) Page 5 Subject: Proposed Charter Amendments related to Ranked Choice Voting and Campaign Finance Contribution Limits Draft of Proposed Charter Amendments CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2017-_________ AN ORDINANCE AMENDING THE ST. LOUIS PARK CITY CHARTER PREAMBLE WHEREAS, pursuant to Minn. Stat. § 410.12, subd. 7 the Charter Commission has recommended to the City Council that the Charter be amended as provided herein; and WHEREAS, Minn. Stat. § 410.12, subd. 7 provides that upon recommendation of the Charter Commission the City Council may enact a Charter Amendment by ordinance. THE CITY OF ST. LOUIS PARK ORDAINS: SECTION 1. Chapter 4 of the City Charter is amended by adding Section 4.08 to provide: Section 4.08.Voting method. The voters elect the City's elected officers by single transferable voting (also known as "ranked-choice voting" or "instant-runoff voting"). The City Council must provide by ordinance the method of counting the votes and of breaking a tie. SECTION 2. This Ordinance shall take effect on ______________, 2017. ADOPTED this ______ day of _______________, 2017, by the City Council of the City of St. Louis Park. Public Hearing First Reading Second Reading Date of Publication Date Ordinance takes effect Reviewed for Administration Adopted by City Council ________________________________ ____________________________________ Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Approved as to Form and Execution: _________________________________ ____________________________________ Melissa Kennedy, City Clerk Soren Mattick, City Attorney Charter Commission Meeting of December 6, 2017 (Item No. 4a.) Page 6 Subject: Proposed Charter Amendments related to Ranked Choice Voting and Campaign Finance Contribution Limits CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2017-_________ AN ORDINANCE AMENDING THE ST. LOUIS PARK CITY CHARTER PREAMBLE WHEREAS, pursuant to Minn. Stat. § 410.12, subd. 7 the Charter Commission has recommended to the City Council that the Charter be amended as provided herein; and WHEREAS, Minn. Stat. § 410.12, subd. 7 provides that upon recommendation of the Charter Commission the City Council may enact a Charter Amendment by ordinance. THE CITY OF ST. LOUIS PARK ORDAINS: SECTION 1. Section 12.04 of the City Charter is amended by deleting the strikethrough language and adding the underlined language as follows: Section 12.04. Contributions. (1) A candidate or personal campaign committee may not accept aggregate contributions made by an individual or committee in excess of two hundred fifty dollars ($250.00) in any year the contribution limits provided for in Minnesota Statutes Section 211A.12. (2) Every person who receives a contribution or loan for a personal campaign committee shall, on demand of the treasurer, and in any event, within fourteen (14) days after receipt of the contribution or loan, furnish the treasurer with the name and, if known, address of the contributor or lender, the amount contributed or loaned and the date of receipt. (3) No anonymous contributions in excess of twenty dollars ($20.00) or any anonymous contributions aggregating in excess of one hundred dollars ($100.00) in any calendar year shall be retained by the personal campaign committee, but shall be forwarded to the City Clerk and deposited to the general fund of the City. This subdivision shall not apply to anonymous contributions aggregating in excess of one hundred dollars ($100.00) arising from fund raising sales, where in consideration of a contribution or contributions, a person receives any tangible goods whose value has a reasonable relationship to the contribution. (4) All contributions of fifty dollars ($50.00) or more shall be made by check, bank draft or money order. (5) All monetary contributions received by or on behalf of any candidate or personal campaign committee shall be deposited within fourteen (14) days after receipt in an account designated "campaign fund of (name of personal campaign committee)." SECTION . This Ordinance shall take effect on ______________, 2017. ADOPTED this ______ day of _______________, 2017, by the City Council of the City of St. Louis Park. Charter Commission Meeting of December 6, 2017 (Item No. 4a.) Page 7 Subject: Proposed Charter Amendments related to Ranked Choice Voting and Campaign Finance Contribution Limits Public Hearing First Reading Second Reading Date of Publication Date Ordinance takes effect Reviewed for Administration Adopted by City Council ________________________________ ____________________________________ Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Approved as to Form and Execution: _________________________________ ____________________________________ Melissa Kennedy, City Clerk Soren Mattick, City Attorney Date: November 27, 2017 To: St. Louis Park Charter Commission Subject: Ranked Choice Voting for St. Louis Park From: Deb Brinkman, LWV St. Louis Park Dear Charter Commission Members Election Reform is a top priority with The League of Women Voters. The League has launched nationwide initiatives that include Expanding Voter Access, Redistricting, Money in Politics and Fighting Voter Suppression. League Support for Ranked Choice Voting The LWV United States has published statements that include Instant Runoff Voting as an element to protect and enhance democracy. The LWV Minnesota completed a two year study of alternative voting systems and published a Study Paper with their findings. The result of the Study Paper, the LWV Minnesota updated its position to support and advocate for Instant Runoff Voting (also known as Ranked Choice Voting). I have included a one-page Highlights document of the LWV Minnesota Study Paper, Alternative Voting System: Facts and Issues. The Highlights document summarizes the problem with Plurality voting and highlights some of the benefits of Ranked Choice Voting and includes a link to the published Study Paper. Ranked Choice Voting Benefits Include 1. Restores Majority Rule. Ranked choice voting ensures that candidates with the most votes and broadest support win, so voters get what they want. Candidates who are opposed by a majority of voters can never win ranked choice voting elections. 2. Eliminates Vote Splitting. Ranked choice voting gives you the freedom to vote for the candidate you like the best without worrying that you will help to elect the candidate you like the least. You never have to vote for the "lesser of two evils" when there is another candidate you really like. 3. More Voice for Voters. Your voice matters more with a ranked ballot. You never feel like your vote is “wasted.” If your favorite candidate can't win, your vote counts for the candidate you ranked second. 4. More Choice for Voters. Ranked choice voting levels the playing field for all candidates and encourages candidates to take their case directly to you with a focus on the issues. 5. Reduces Incentives for Negative Campaigning. Candidates are encouraged to seek second choice rankings from voters whose favorite candidate is somebody else. You are less likely to rank as your second choice a candidate who has issued personal attacks against your favorite candidate. As with any change in the election system, LWV St. Louis Park strongly encourages and will help with voter education. I hope you find this information helpful when discussing the Charter Commission support for Ranked Choice Voting for St. Louis Park. Kind Regards, Deb Brinkman LWV St. Louis Park 612-803-6142 Deb.brinkman@gmail.com Alternative Voting Systems: Facts and Issues 2004 League of Women Voters Minnesota Study Paper Highlights Plurality and Ranked Choice Voting (Instant Runoff Voting) The League of Women Voters (LWV) Minnesota conducted a two year study of voting systems and published the Alternative Voting Systems: Facts and Issues* Study Paper with their findings. The Study Paper resulted in the LWV Minnesota adding a position to support Instant Runoff Voting (IRV), known today as Ranked Choice Voting (RCV). This document summarizes differences between our current Plurality Voting System and Ranked Choice Voting. The LWV Minnesota two-year study looked at several alternative voting systems: Our current Plurality voting system and 4 alternative voting systems:  Approval Voting (AV)  Instant Runoff Voting (IRV) also known as Ranked Choice Voting  Borda Count  Condorcet Plurality Voting System – Our Current Voting System Each voter chooses one candidate. The candidate with the most votes wins. A fundamental defect of the voting system exists in races with three or more candidates where it is possible for a candidate to win with fewer than 50% of the votes; in other words, the winner can be elected by a minority of the voters. In fact, eleven of twelve statewide elections in Minnesota conducted from 1998 through 2002 were decided by less than a majority. Ranked Choice Voting System – An Alternative Voting System Voters rank candidates on the ballot, marking their first, second, and third choices, based upon the number of candidates. A candidate needs 50%+1 of the total votes to win the election. If no one has a majority, the candidate with the lowest number of votes is eliminated and their votes are transferred to their second choice. Ranked Choice Voting is not a new concept. The key to development of Ranked Choice Voting was the invention of the single transferable vote (STV) in the 1850’s. A preference ballot, was invented around 1870. Voting Systems Summary Each of the voting systems in the study raises issues that vary depending on what people value and what they want to accomplish. This list summarizes the most frequently cited pro and con statements made regard ing each system. Plurality Voting System (Voters select one candidate; candidate with most votes wins) • Is easy for voters to understand • Preserves tradition • Requires no legislative change • Does not ensure majority rule when more than two candidates are running • Votes for third party candidates may be “wasted” • Is vulnerable to “spoiler” candidates • Is vulnerable to manipulation Ranked Choice Voting System (Voters rank candidates; votes for candidate with fewest first choice votes are redistributed according to their second choices until one candidate achieves a majority) • Ensures majority rule • Allows voters to express preferences among candidates • Eliminates problems of spoiler candidates knocking off major candidates • Eliminates need for run-off elections • Does not meet mathematical requirement for monotonicity, although the problem of non-monotonicity exists only in theory *Link to the 28-page 2004 study Alternative Voting Systems: Facts and Issues https://www.lwvmn.org/sites/default/files/2004%20Study%20Report%20-%20Alternative%20Voting%20Systems.pdf Charter Commission November 1, 2017 Subject: Ranked Choice Voting Dear Charter Commission I was in the audience at the last meeting of the Charter Commission. I understand that the Charter Commission would like more information about Ranked Choice Voting. I feel it is important to let you know that The League of Women Voters Minnesota conducted a two year study on Alternative Voting Systems. As a result of this study, The League created a position to support Ranked Choice Voting. The LWV St. Louis Park and FairVote MN spoke to the Human Rights Commission last August about Ranked Choice Voting. The attached presentation answered many of their questions and they voted unanimously to support Ranked Choice Voting. I hope the presentation will answer the questions or reservations you may have. The League of Women Voters St. Louis Park and FairVote MN look forward to being available to provide The Charter Commission additional information. Regards, Deb Brinkman LWV St. Louis Park 612-803-6142 Deb.brinkman@gmail.com Presentation to St. Louis Park Human Rights Commission August 15, 2017 Ranked Choice Voting What is Ranked Choice Voting? Ranked Choice Voting is a simple election process that allows voters to rank candidates in order of their preference –1st choice, 2 choice , 3rd choice and so on. It works like a traditional runoff, but happens in a single election, eliminating the need for a separate high-cost, low-turnout primary in nonpartisan races (or runoffs in partisan races). In competitive multicandidate races, candidates need second-and third-choice votes to win. 2 How Ranked Choice Voting works 3 https://www.youtube.com/watch?v=53z9feUiqdg Minneapolis Video MPR Video https://www.youtube.com/watch?v=oHRPMJ mzBBw RCV example: Mpls Ward 9, 2013 4 Ty Others Alondra Ty Others Alondra 41% 38% 21% 41%38% 9%12%50%50%ROUND 1 ROUND 2 RCV benefits in municipal elections Increases voter participation by rolling two elections into one, bringing together the most voters with the most candidates in a single decisive election in November when turnout is higher and more diverse Eliminates vote splitting and ensures candidates win with the broadest possible support Increases opportunities for communities of color Saves the cost of a (nonpartisan) primary Fosters more civil and substantive campaigns Eliminates spoiler, wasted vote dynamics Reduces role of money in campaigns 5 2017 St. Louis Park Primary Outcome 2017 is the last year St. Louis Park will hold a municipal primary. A primary was needed in the competitive 4-way race in Ward 1. Turnout was 12.6%, which is very low, though higher than in recent municipal primaries which have trended at 3-5%. Support for the four candidates was split, with no candidate receiving a majority of votes. The same would occur in the General Election without RCV. Under RCV, all candidates would be on the General Election ballot. This is especially important for candidates of color because low-turnout primaries disproportionately hurt candidates from underrepresented communities. People of color vote in significantly higher percentages in General Elections. RCV also prevents vote splitting and ensures support for candidates of color can be pooled, increasing the chance they’ll be elected. 6 Support for RCV in St. Louis Park League of Women Voters-St. Louis Park City Councilmembers Sue Sanger, Anne Mavity, Thom Miller, Tim Brausen and Steve Hallfin Nearly all candidates running in 2017 Sun Sailor and Sun Sailor editorialized in favor of RCV DFL Senate District 46 7 RCV reduces voting disparity gaps RCV is shown to increase representation for women and people of color by: 1)Replacing low, unrepresentative, turnout elections with a single high-turnout and more diverse election General Election, and 2)By allowing for multiple candidates appealing to the same community to run without splitting the vote. In cities with RCV, the share of candidates who are women and people of color has increased significantly. 8 RCV reduces voting disparity gaps In California, where RCV has been used since 2004: People of color have won 60% of all contests Women have won 40% of all contests 13 of 18 seats on the San Francisco council are people of color, up 8 before RCV When implemented in San Francisco, effective voter participation increased by more than 300% in some neighborhoods. This is because all voters cast a ballot in a single high-turnout election. Before RCV, turnout in communities of color plummeted in the runoff, decreasing their influence in the final outcome. 9 RCV reduces voting disparity gaps In Minneapolis, where RCV has been used since 2009: Following the first truly competitive races in 2013, RCV resulted in the city’s most ethnically diverse and gender balanced city council The first Somali-American, Latina, and Hmong candidates were elected to the city council This year (2017), the number of candidates who are women, people of color or from different political parties is at an historical high Competitive candidates of color are running in the mayoral race and 8 of 13 council seats Competitive women candidates are running for mayor and 11 of 13 council seats 10 RCV reduces voting disparity gaps In St. Paul, where RCV was introduced in 2011: In 2011 and in this year’s mayoral race, highly competitive minor party candidates are running. In 2013, RCV elected the city’s first Hmong city council member with second-choice votes. The second-placed finisher, also a candidate of color, was selected to be the councilmember’s chief aide. In 2015, Rebecca Noecker was elected with second-choice votes to become the ward’s first female councilmember. 11 Are races in St. Louis Park competitive enough to need RCV? Yes, if the past 5 election cycles continue to hold true. Without a primary, competitive 3-way plus races are likely to result in winners with less than a majority and produce spoiler dynamics. •2009 –3-way primary for Ward 4 (Ross, Theobald, Peterson) •2011 –3-way primary for Mayor (Spano, Brausen, Johnston-Madison) •2013 –3-way primary for Ward 3 (Santa, Arries, Lindberg) •2015 –4-way primary for Mayor (Spano, Edlavitch, Segal, Evans) •2017 –4 way primary for Ward 1 (Rog, Shekleton, Stout, Kaplan) 12 RCV is proven and simple In Minneapolis in 2013: Turnout was over 80,000, highest in 12 years 88% of voters ranked their ballots for mayor –78% used all 3 choices 85% found RCV simple to use Valid ballot rate of 99.94% Nearly 70% want to continue using RCV; nearly two-thirds want to see it expanded to state elections 13 RCV is proven and simple In St. Paul in 2015 (Ward 2): 83% of voters found RCV simple to use 73% of voters ranked their ballots 70% of voters like and want to continue using RCV in Saint Paul 14 Turnout is up in RCV races By eliminating the low-turnout primary, RCV increases voter participation in the election of the winner several fold Turnout is also up under RCV races Minneapolis: •Mayoral race, 2013 –turnout was 80,000, the highest for a municipal election in 12 years •Ward 5, 2013 –turnout was the highest in a decade in the city’s lowest turnout ward St. Paul: •Ward 1, 2013 special election –turnout was 33% higher than in 2011, and the highest in 8 years. •Ward 2, 2015 open seat –turnout was 6% higher than in 2011 15 16 OFFICIAL BALLOT SAMPLE CITY AND SCHOOL DISTRICT BALLOT Judge__________ SAINT PAUL PUBLIC SCHOOLS Judge__________NOVEMBER 3, 2015 INSTRUCTIONS TO VOTERS To vote, completely fill in the oval(s) next to your choice(s) like this: SCHOOL DISTRICT OFFICES AARON ANTHONY BENNER STEVE MARCHESE MARY VANDERWERT JON SCHUMACHER LINDA FREEMAN GREG COPELAND SCOTT RASKIEWICZ ZUKI ELLIS KEITH HARDY write-in, if any write-in, if any write-in, if any write-in, if any SCHOOL BOARD MEMBER VOTE FOR UP TO FOUR VOTE FRONT AND BACK OF BALLOT Turn over ballot to vote on city office Ranked Choice Voting Ballot St. Paul uses a mixed RCV and school board ballot (front and back), similar to what a ballot in St. Louis Park would look like. It works very smoothly and effectively. DO NOT Overvote DON’T #1 Do not choose more than one candidate for a single choice REMEMBER! –For single or multiple seat offices, you can only mark one candidate per column DO NOT repeat a ranking DON’T #2 Do not choose the same candidate more than once. REMEMBER! –It doesn’t help your 1st choice to rank him or her more than once or to not rank anyone else. DO NOT skip a ranking DON’T #3 Do not skip a column Note! –When a skipped ranking is encountered, the ballot is counted for the next highest ranking (as required under the voter intent rules in the Mpls RCV ordinance). Ballot errors under RCV Over vote: Overvotes occur in all elections and are caught by the machine. These are “spoiled” ballots and redone by voters. Initially, there are slightly higher overvotes under RCV than under traditional city elections. Highest overvote rates occur under partisan primaries (6-7% in Minneapolis). Skipped ranking:This is an infrequent error. When this occurs, the next highest ranking is counted. Defective ballots are extremely rare. The valid ballot error rate in the citywide 2013 mayoral race was 99.94%. It was similar in St. Paul. Under votes are not errors, but are highly discouraged because they result in higher ballot exhaustion rates. Voters are encouraged to rank. 20 Where RCV is used RCV is used in countries across the world, including Ireland, Scotland, Australia, London (England) and others Maine is first state to adopt RCV statewide –first use in 2018 RCV is growing across the US: •Bay Area: San Francisco, Oakland, San Leandro and Berkeley •Minneapolis and St. Paul •Portland, Maine •Hendersonville, North Carolina •Takoma Park, Maryland •Telluride, Colorado •Benton, Oregon •Upcoming implementations in Sarasota (FL) Santa Fe (NM), Memphis (TN) •Several southern states use RVC for military and overseas voting •Cities in Michigan, Colorado, Oregon, New York, Washington and Maryland are exploring RCV. 21 RCV Implementation Minneapolis and St. Paul have paved the way for other cities in Minnesota, especially in Hennepin and Ramsey County. The RCV ordinance, implementation process, educational materials, training guides, tabulation method and results reporting procedures are in place and adaptable for communities like St. Louis Park, minimizing start-up time and costs. 22 Voter Education RCV is simple and quick for voters to learn, but they must be informed of the switch. Education is conducted by the city, FairVote MN and the LWV. FairVote MN also partners with community organizations that do voter engagement work. FairVote MN’s education includes events, door knocking, phone banking, traditional and social media, and candidate training. Education by cities typically includes information brochures, videos, sample ballots, trained election judges and information to the media. The voter education model in Minneapolis and St. Paul is nationally recognized and emulated. No need to reinvent the wheel –existing education materials and processes can be readily adapted for RCV in St. Louis Park 23 Process for adopting RCV Like Minneapolis and St. Paul, St. Louis Park has a city charter which can be amended to change the way it conducts its local elections. The charter can be changed in one of two ways: 1.By approval of the voters (ballot measure) •A question can be placed on the ballot through a citizen petition or by a majority vote by the city council or charter commission. 2.By unanimous vote by the city council (this is how the recent decision to eliminate the city primary was made) •The city council must submit a charter amendment proposal to the charter commission for review, though does not need its approval to amend the charter by either a unanimous vote or to place a question on the ballot. 24 Minneapolis & St. Paul Election Chiefs on RCV The 2015 RCV election was “the smoothest election I’ve seen in my 14 years administering St. Paul elections.” -Joe Mansky, Ramsey County Elections Manager “I’m proud of the work we’ve done in administering RCV with efficiency, transparency and trust.” -Casey Carl, Minneapolis City Clerk 25 What voters say about RCV 26 https://www.youtube.com/watch?v=JgVp0WDANhk