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Neighborhood
Council Election Procedures
by Greg Nelson - General Manager,
DONE
July
14, 2003
There have been 58 Neighborhood Council elections to date. As a
result, the Department of Neighborhood Empowerment has gained valuable
insight into best practices and worst practices.
For many months, Department of Neighborhood Empowerment staff has
been drafting a list of election best practices, some of which could
become citywide rules, to help ensure successful elections and avoid
time-consuming and divisive conflicts.
Public testimony other communications have generated two requests:
(1) Adopt
uniform citywide election policies; or
(2) Make no changes because Neighborhood Councils should continue
to be empowered to conduct their elections in whichever way
they wish as long as they don’t violate applicable laws, and
because the City should not over-react to the problems that
were encountered in just a few elections. |
The
following is a list of options that could become rules or simply
be offered as suggestions to the Neighborhood Councils. Before any
recommendations are presented to the Board of Neighborhood Commissioners,
the opinions of individuals and official input from Neighborhood
Councils are solicited. This is part of what we hope will become
a new deliberative decisionmaking process in which the public plays
an active role in shaping public policy.
Some of these choices will likely be controversial, and we’d like
to draw your attention to them. Should the Department of Neighborhood
Empowerment be required to approve an election before it becomes
official? Should the Department of Neighborhood Empowerment have
to approve the third party arbiter of any election challenges? Should
the Department of Neighborhood Empowerment always be the arbiter
to help ensure consistency?
At this moment, it is not known when this matter will be considered
by the Board of Neighborhood Commissioners.
Please send your email responses to:
Please indicate whether or you wish your comments to be made part
of the public record.
Your Project Coordinator is an excellent first point of contact
for any questions on any subject.
And, of course, please indicate if you’re speaking as an individual
or submitting the official position of your Neighborhood Council.
As you already know, if your Neighborhood Council’s Community Impact
Statement is received early enough, and in the proper manner, it
may be printed on the commission’s agenda, and your statement will
be made part of the file and circulated to all of the commissioners.
--
DRAFT --
POSSIBLE NEIGHBORHOOD COUNCIL ELECTION PROCEDURES
A.
General Requirements
1. All elections must be conducted consistent with the City Charter,
the ordinance that implements the City Charter, the ordinance that
implements the Plan for a Citywide System of Neighborhood Councils,
the bylaws and election procedures of the Neighborhood Council,
and the Department of Neighborhood Empowerment’s election policy.
2. The first election of the Neighborhood Council must be held within
180 calendar days of certification, and all subsequent elections
must be held in accordance with the Neighborhood Council’s bylaws.
a. If a Neighborhood Council is unwilling or unable to conduct an
election within 180days, the Department of Neighborhood Empowerment
may, if it chooses to do so, supervise the development of the election
procedures, and conduct the election.
| (Rationale:
Until an election is held, the stakeholders are represented
by self-appointed leaders. Stakeholders have a right to be represented
by a governing board that is elected or selected in accordance
with their bylaws. Six months is an average amount of time to
organize and conduct an election based upon past experience.) |
B. Minimum Election Procedure Requirements
1. The Neighborhood Council must submit draft election procedures
to Department of Neighborhood Empowerment for review and written
approval no later than 60 days before the projected Election Day.
| (Rationale:
This will give Department of Neighborhood Empowerment staff,
with the possible assistance of the Office of the City Attorney,
adequate time to review and comment on the procedures, and return
them to the Neighborhood Council for possible revisions.) |
2. Finalized electio n procedures must be submitted to Department
of Neighborhood Empowerment by the Neighborhood Council no later
than 30 days before the projected Election Day.
| (Rationale:
Voters, potential candidates, stakeholders, and the election
administrator need an adequate amount of the time to know about
and understand the election procedures.) |
3. Election procedures must be consistent with the requirements
contained in the Department of Neighborhood Empowerment’s election
policy and the Neighborhood Council’s bylaws and applicable laws.
4. Election procedures must have been approved by the Interim Board,
or other authorized body at a properly- noticed (Brown Act) public
meeting that provides an opportunity for stakeholder input.
| (Rationale:
This will significantly reduce charges of favoritism or wrongdoing.) |
5.
Identify an administrator (i.e., the person or the person designated
by an organization who manages the activities on the day of the
election) for the election, if other than the Neighborhood Council
election committee, which should not include any candidates.
6. State the number of board seats available for election, and the
qualifications required to run for them.
7. No stakeholder can be denied the opportunity to run for a board
seat for which he/she holds stakeholder status.
8. The qualification for voting and/or candidacy cannot act to restrict
participation by groups of stakeholders (e.g., homeless, volunteer
workers, monolingual, public transit dependent, home-based workers,
etc.)
9. State the voter eligibility requirements and voting process.
10. Ensure that all stakeholders will be given the opportunity to
vote, and that they shall be eligible to vote on the day of the
election.
11. State whether or not absentee (see footnote #1 at the bottom)
voting will be allowed, including deadlines for requesting and submitting
ballots.
12. If absentee voting is used, ensure that it is available to all
stakeholders.
13. State that proxy voting (see footnote #2 at the bottom) will
not be allowed.
| (Rationale:
The potential for fraud and abuse would be just about guaranteed
if proxy voting were to be used.) |
14.
State that either verbal or written self-affirmation will be acceptable
for voting purposes, if the Neighborhood Council chooses to not
request identification from voters or candidates.
| (Rationale:
This is a common procedure used by many Neighborhood Councils.
The Department of Neighborhood Empowerment can provide a sample
form that allows a voter to swear or attest that he/she is a
stakeholder. |
15.
Disallow picture identification as the sole form of identification/registration
of stakeholders for voting purposes.
| (Rationale:
Some stakeholders may not have picture identifications.) |
16. Specify which reasonable documentation, such as utility bills,
business cards, imprinted checks, postmarked mail, etc. may be acceptable
proof of stakeholder status.
17. Allow provisional voting for stakeholders who cannot provide
documentation on election day including:
a. The identification of the person(s) authorized to determine acceptable
stakeholder documentation and to receive the provisional ballots.
b. The process for verifying provisional ballots.
c. The process for verifying and counting all verified ballots.
| (Rationale:
If identification of voters is required, a system of provisional
voting would be necessary to ensure that every stakeholder has
an opportunity to vote.) |
18.
State the process through which candidates declare their candidacy.
19. Identify the process for outreaching/notifying stakeholders
about election-related activities and events.
20. Identify the dates and deadlines for declaring candidacy, and
to have candidates’ names printed on the ballot, if applicable.
21. State the process and deadlines that will be used to verify
candidate eligibility, if applicable.
a. State all campaign rules and limitations, such as campaigning,
use of Neighborhood Council logo by candidates, etc.)
b. Prohibit candidates’ materials from using the City Seal, Department
of Neighborhood Empowerment logo, or any designations whose use
requires approval by the General Manager of Department of Neighborhood
Empowerment.
c. Identify the process through which candidates and stakeholders
will be notified of the unofficial or official election results
within five calendar days of the election.
22. Require that candidates for the board may not serve in any election
administrative capacity, including the handling or counting of ballots,
voter or candidate registration or verification, and the interpretation
of election materials for voters, and describe the penalty for violation.
| (Rationale:
When candidates are involved in the election process, there
is at least a perception of a conflict that may damage the credibility
of the Neighborhood Council.) |
23.
State the process for receiving, handling, and resolving election
disputes or challenges, and include a date by which all challenges
must be resolved.
24. Designate a neutral third party to serve as final arbitrator
(see footnote #3 at the bottom), subject to the approval of Department
of Neighborhood Empowerment, and authorize the final arbitrator
to resolve all election challenges.
| (Rationale:
Department of Neighborhood Empowerment will ensure that the
third party clearly understands the process through which the
challenges should be resolved so that they have the best chance
to be legally defensible, and so that the arbitrator’s actions
don’t set a precedent that violates the election policy and
applicable laws.) |
C.
Minimum Candidate Outreach Requirements
| (Rationale:
This is to ensure that the Neighborhood Council provides adequate
notice and outreach to stakeholders and candidates, include
fair and open procedures to protect stakeholders’ rights, and
protect the integrity of the election and its results) |
1.
The Neighborhood Council shall publicize the opportunity to be a
candidate for the governing body for at least 30 days, and shall
hold open the candidate-filing period for a minimum of 30 days (these
two periods may run concurrently.)
| (Rationale:
This is to allow for sufficient outreach, and reduce potential
challenges to the election.) |
2.
Minimum notice requirements for candidate outreach shall consist
of:
a. One publicly-noticed informational meeting to distribute the
election procedures and candidate filing forms.
b. One informational piece that contains all of the requirements
and deadlines that will be distributed broadly to the community.
c. Posting a notice of election deadline dates, along with a contact
telephone number, at the posting locations identified by the Neighborhood
Council in their application for certification.
3. The Neighborhood Council shall conduct a minimum of one public
meeting to explain the establishment of, function of, and opportunity
to serve on the governing body. At the meeting, the Neighborhood
Council shall distribute copies of the bylaws, election procedures,
candidate and voter registration forms (if applicable), requirements
upon winning office, and any other information the Neighborhood
Council determines would be useful.
| (Rationale:
Department of Neighborhood Empowerment has found that a surprising
number of board members have not read the bylaws or understand
what’s required of them after becoming board members.) |
D.
Minimum Stakeholder Outreach Requirements
1. The Neighborhood Council must begin informing stakeholders about
the election process not less than 30 days prior to the election
day.
| (Rationale:
Stakeholders deserve to have a reasonable amount of time to
know about the election and understand the rules.) |
2.
Minimum notice requirements shall consist of:
a. One publicly-noticed meeting to provide information about the
Neighborhood Council, and to distribute the election procedures
and stakeholder registration forms (if applicable).
b. At least one mass distribution of a general information flyer.
(The Department of Neighborhood Council will help with and pay for
the distribution of this notice.)
c. Posting of the election information, along with a contact telephone
number, at the posting locations identified by the Neighborhood
Council in their final application for certification.
3. A Neighborhood Council area in which a segment of the population
belongs to a non English-speaking group is required to prepare the
notice in the appropriate language. (The Department of Neighborhood
Empowerment will provide translation services.)
D. The Election
1. The election must be conducted in a way that allows for the largest
stakeholder participation. (Be aware of the effects of the length
of time available for voting, number of days, hours, etc.)
| (Rationale:
For example, holding an election on only a Saturday ma y not
prohibit some people from voting for religious reasons, and
make it difficult for workers to voters if don’t live near the
polling place.) |
2.
The election must be officiated by the election administrator named
in the procedures.
3. The certified bylaws, or as they may have been amended after
certification, and the approved election procedures must be available
for stakeholder review at all election locations.
4. Election challenges are to be resolved by a neutral third party
named as the final arbiter in the election procedures and approved
by Department of Neighborhood Empowerment, and must not be the same
as the election administrator.
| (Rationale:
It is possible that someone could challenge the action of the
administrator.) |
5.
All election day results must be forwarded to Department of Neighborhood
Empowerment for approval and official announcement.
| (Rationale:
This allows Department of Neighborhood Empowerment to ensure
that the election and the resolve of its challenges, if applicable,
have been Department of Neighborhood Empowerment in a legally-defensible
way.) |
6.
The names, stakeholder affiliation, and board seat of all Neighborhood
Council board members must be delivered to Department of Neighborhood
Empowerment before the election will be approved.
7. Once the final arbiter has made a decision regarding a dispute
or election challenge, and Department of Neighborhood Empowerment
has approved the decision, the decision shall be final.
| (Rationale:
Stakeholders have a right to know who their governing board
members are as soon as possible.) |
8. Before the first meeting of the board, or within 30 business
days of the finalizing of the election, Department of Neighborhood
Empowerment must be given contact information for each board member
that each will allow to be made public, which will include posting
on the Internet.
| (Rationale:
Stakeholders have a right to have some means of communicating
with their governing body members.) |
E.
In the event that the Neighborhood Council chooses to proceed with
an election without complying with any part of this policy:
1. The Department of Neighborhood Empowerment may deny the Neighborhood
Council administrative support for the election that is normally
provided in the form of document copying, translation services,
staff assistance, third party and final arbiter assistance, etc.
2. The Department of Neighborhood Empowerment may not acknowledge
the outcome of the election, or recognize those persons elected
as official representatives of the Neighborhood Council.
a. If the Department of Neighborhood Empowerment determines that
the election results are not valid, the Neighborhood Council will
have 90 days to hold a valid election.
b. If the Neighborhood Council has not held a valid election within
one year of the anniversary date of certification, the Department
of Neighborhood Empowerment may request the Board of Neighborhood
Commissioners to revoke certification, or the Department of Neighborhood
Empowerment may organize and conduct the election itself using its
own staff and/or designees.
3. The Department of Neighborhood Empowerment may deny access to
trainings, services, and programs, including the Neighborhood Council
Funding Program, that are provided to the Neighborhood Councils
that have elected governing bodies.
------ Footnotes
------
#1. “Absentee” shall mean a vote cast in which the voter is not
present. This can include “vote by mail” or ballots that are carried
into the polling location by another person. This does not include
proxy voting.
#2. “Proxy” voting shall means the written or verbal authorizing
of one person to vote for another as an agent or substitute. One
way this would occur is if someone signs a form authorizing another
person to cast a vote on their behalf.
#3. “Final arbiter” shall mean the entity, organization, or person(s)
authorized to settle all disputes to the Neighborhood Council election.
This shall not be the same person(s) or entity as the election administrator.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Greg Nelson
213 / 485-1360
866 / LA HELPS toll-free
213 / 485-4608 fax
done@mailbox.lacity.org
email
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