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HomeMy WebLinkAbout25. 22-405 SEPTEMBER 27, 2022 22-405 ORDINANCE FIRST READING (CARRIED______ LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: AMEND SECTIONS 2-7 AND 2-8 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO ELECTIONS INITIATED BY: CITY CLERKS DEPARTMENT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 2-7 AND 2-8 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO ELECTION OFFICIALS AND VOTING HOURS WHEREAS, the city clerk has reviewed personnel needs for staffing polling places on election day and recommends certain amendments to the City’s election ordinances to allow for more flexibility in staffing as permitted by Wisconsin Statutes; and WHEREAS, in the course of reviewing the necessary ordinance amendments to address staffing needs the city clerk’s office has reviewed the current ordinances and recommends a clarification to the provisions for payment of inspectors and to the voting hours ordinance to recognize that those persons in the process of voting or present in lines for voting at the time polls close are permitted to vote. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Sections 2-7 and 2-8 of the Oshkosh Municipal Code pertaining Election Officials and Hours for Voting are hereby amended to read as shown on the attachment to this ordinance. SECTION 2. This ordinance shall be in full force and effect from and after its passage, and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #22-____ AMEND SECTIONS 2-7 AND 2-8 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO ELECTIONS (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 2-7 AND 2-8 OF THE CITY OF SEPTEMBER 27, 2022 22-405 ORDINANCE FIRST READING CONT’D OSHKOSH MUNICIPAL CODE PERTAINING TO ELECTION OFFICIALS AND VOTING HOURS) on October 11, 2022. The ordinance reduces the minimum number of election inspectors for each polling place to 5 inspectors as permitted by Wisconsin Statute Section 7.30 when voting machines are used. The ordinance also gives the City Clerk, in addition to the proposed minimum of 5 election officials required for each polling place, the option to appoint alternate election officials in a number sufficient to maintain adequate staffing of polling places on Election Day; to select 2 or more sets of election officials to work at different times on Election Day; to establish different working hours for different officials assigned to the same polling places; and to appoint an additional inspector at polling places to serve as a greeter who may substitute for other officials when they must leave the room during Election Day. In addition, the ordinance clarifies in accordance with current practice that election inspectors are paid according to an hourly rate as set by the City Clerk within the Clerk’s budget or as may be approved by Council and clarifies that in accordance with election laws that persons in the process of voting or present in line to vote upon closing of the polls shall be permitted to vote. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Jessi Balcom, City Clerk DATE: September 22, 2022 RE: Amend Sections 2-7 and 2-8 of the City of Oshkosh Municipal Code Pertaining to Elections BACKGROUND The city clerk is responsible to conduct local elections and to employ election inspectors for that purpose with requirements as established in the Wisconsin Statutes. Wisconsin Statutes require that municipalities using voting machines require a minimum of 5 inspectors for each polling place. State Statutes also permit cities to adopt an ordinance giving the city clerk some flexibility in addition to the minimum election officials required to be appointed for each polling place the option to appoint alternate election officials in a number sufficient to maintain adequate staffing of polling places on Election Day; to select 2 or more sets of election officials to work at different times on Election Day; to establish different working hours for different officials assigned to the same polling places; and to appoint an additional inspector at polling places to serve as a greeter and who may substitute for other officials when they must leave the room during Election Day. ANALYSIS The current Municipal Code requires the appointment of a minimum of seven (7) election inspectors for each polling place within the City. I am recommending the City of Oshkosh adopt an ordinance reducing the minimum number of inspectors required at each polling place to five (5) as permitted by Section 7.30 of the Wisconsin Statutes. While it would always be my intention to maintain a greater number of inspectors at each polling place, in the recent elections we have sometimes struggled with persons unable to serve, often on short notice, reducing our staffing levels on Election Day. In such cases we may reduce the number of persons at less busy polling places or fill in with city employees who may serve as greeters or assist with functions that are not required to be performed by sworn election inspectors. Because we use voting machines, state statutes would permit the city to reduce the number of election inspectors to five (5) per polling place and I would recommend that we match our ordinance to that statutory requirement. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us I am also recommending amending the ordinance to specifically give the city clerk the options available under state law to appoint additional election officials, in addition to the minimum number required, and to establish different working hours if necessary. On Election Day polls are open from 7 am to 8 pm (13 hours) but in reality poll workers begin working prior to 7 am to set up and work beyond 8 pm to close the polls, send in results, complete paperwork and pack up equipment and return materials to the clerk’s office in city hall. These are very long days. Having the flexibility to establish teams for shifts or simply offer shorter shifts to some workers would alleviate some of the stress currently upon poll workers and potentially encourage others not currently willing or able to assist to apply to be a poll worker. As the ordinance was reviewed, we also noted that the ordinance does not currently address pay for election workers. I am recommending that specific language be included in the ordinance giving the city clerk clear authority to establish a rate of pay and to pay election workers. This is not a change from current practice, but merely provides clear authority for the clerk to take those actions. Finally the current ordinance establishes hours for voting. In compliance with state law I am recommending a change to clarify that although polls close at 8 pm that persons in the process of voting or present in line to vote upon closing of the polls shall be permitted to vote. The city attorney’s office assisted with the review and drafting of this ordinance and concur with the recommended changes. FISCAL IMPACT The proposed revisions do not directly have a fiscal impact, but they do allow the flexibility to potentially employ additional poll workers and/or employ additional poll workers with varying hours. RECOMMENDATION Staff recommends that the Council adopt the proposed ordinance revisions. Respectfully Submitted, Approved: Jessi Balcom Mark A. Rohloff City Clerk City Manager SECTION 2-7 ELECTION OFFICIALS The City Clerk shall appoint at least five (5) election inspectors to serve at each polling place for all elections. The City Clerk, in the Clerk’s discretion, may a) select alternate officials in a number sufficient to maintain adequate staffing of polling places on Election Day; b) select 2 or more sets of election officials to work at different time on Election Day; c) establish different working hours for different officials assigned to the same polling places; and d) appoint an additional inspector to serve as a greeter who may at polling places which inspector may substitute for other election officials who must leave the room during the voting process. Election Inspectors shall be paid at an hourly rate as established by the City Clerk within the amounts allocated in the City Clerk’s Budget or as may be approved by the Common Council. The City Clerk shall have the authority to establish different rates for those serving as Chairpersons or co-Chairpersons. [Statutory Reference §§7.30, 7.32 Wis. Stats] SECTION 2-8 HOURS FOR VOTING The polls in the City of Oshkosh on each Election Day shall remain open for voting from 7:00 o'clock a.m. until 8:00 o'clock p.m.; provided however that any voter at that time currently voting or present and waiting their turn to vote at the time of closing the polls shall be permitted to vote. ARTICLE II. ELECTION AND ELECTION OFFICIALS SECTION 2-6 ADOPTING STATE STATUTES Except as otherwise specifically provided, all provisions of Chapters 5-12, of the Wisconsin Statutes, and all relevant provisions of the Wisconsin Administrative Code adopted pursuant thereto describing and defining regulations with respect to elections are hereby adopted and by reference made a part of this Code as if fully set forth herein. It is the intention of this ordinance to include within such references all provisions in effect at the time of adoption of this section together with any applicable prior revisions and all future recodifications, renumberings, and amendments unless otherwise expressly provided in such references. It is the intention of this section that any act required to be performed or prohibited by Chapter 5-12, of the Wisconsin Statutes, or by the relevant provisions of the Wisconsin Administrative Code, as previously amended, presently in effect or as may be amended in the future, incorporated within this section by reference, is an act required to be performed or is an act prohibited by this section. [Statutory Reference Chapters 5-12, Wis. Stats.] SECTION 2-7 ELECTION OFFICIALS There City Clerk shall be appoint at least seven five (75) election inspectors to serve at a each polling place for all elections. [Statutory Reference §§7.30, 7.32 Wis. Stats] The City Clerk, in the Clerk’s discretion, may a) select alternate officials in a number sufficient to maintain adequate staffing of polling places on Election Day; b) select 2 or more sets of election officials to work at different time on Election Day; c) establish different working hours for different officials assigned to the same polling places; and a)d) appoint an additional inspector to serve as a greeter who may at polling places which inspector may substitute for other election officials who must leave the room during the voting process. Election Inspectors shall be paid at an hourly rate as established by the City Clerk within the amounts allocated in the City Clerk’s Budget or as may be approved by the Common Council. The City Clerk shall have the authority to establish different rates for those serving as Chairpersons or co-Chairpersons. [Statutory Reference §§7.30, 7.32 Wis. Stats] SECTION 2-8 HOURS FOR VOTING The polls in the City of Oshkosh on each election dayElection Day shall remain open for voting from 7:00 o'clock a.m. until 8:00 o'clock p.mp.m.; provided however that any voter at that time currently voting or present and waiting their turn to vote at the time of closing the polls shall be permitted to vote.