STAFF REPORT

Town Council, February 10, 2005

Vote By Mail for the May 3, 2005 Bond Referendum (TC05-003)
Consideration of a request by the Wake County Board of Elections to participate in a pilot Vote By Mail program for the May 3, 2005 Cary Clean Water Bond Referendum.

Speaker:          Sue Rowland, Town Clerk
                       Cherie Poucher, Director, Wake County Board of Elections

From:               Sue Rowland, Town Clerk
Prepared by:     Sue Rowland, Town Clerk
                        Susan Moran, Public Information Officer

Approved by:     William B. Coleman, Jr., Town Manager
Approved by:     Benjamin T. Shivar, Assistant Town Manager

REVIEW

In its continuing effort to encourage and enable an increasing number of citizens to fully and consistently participate in the democratic process, the Wake County Board of Elections has, based on significant research and preparation, requested that the Town of Cary support their desire to pilot a new Vote By Mail election process for the Town’s upcoming Clean Water Bond Referendum on May 3^rd.  If approved by the Town Council and the North Carolina General Assembly, this would be the first time in North Carolina history that Vote By Mail is used.

Under the proposed Vote By Mail pilot program, traditional polling places would not be used; rather, registered voters would be mailed a ballot, which they would complete and return on or before May 3 to the Wake County Board of Elections via US Postal Mail or by dropping their ballot off at Cary Town Hall or at the Wake County Board of Elections office in Raleigh.

PROCESS

Several steps must be taken if the Town Council wishes to support the Board of Elections’ request to participate in the Vote By Mail pilot program.

The Cary Town Council must send a letter (sample below) to the Wake County Board of Elections expressing its desire to participate in the pilot program.  At the same time, a bill must be ratified by the North Carolina General Assembly authorizing the pilot program; Senator Stevens and Senator Cowell introduced such a bill on February 1, 2005 (below).  Once the bill is ratified, the Town Council must adopt a Resolution (below) formally stating its intent to meet the Board of Elections’ request to participate in the Vote By Mail pilot program for the May 3^rd election.

Following the completion of these tasks, the Wake County Board of Elections will begin implementing the plans they’ve developed over time to support such an opportunity, including launching an effective effort to educate voters. The Town’s public information for the Clean Water Bonds will also be adjusted to reflect and help support the new pilot program.

NOTE—Senator Stevens’ and Senator Cowell's bill allows for the Town of Apex to also use Vote By Mail should Apex choose to do so.  However, the Town of Cary’s support of the Vote By Mail pilot program is not contingent upon Apex’s decision.

BENEFITS

• Vote By Mail could address the numerous requests from citizens for an easier, more citizen-friendly way of conducting elections, which are received by the Town Clerk’s Office during every election season.
• Vote By Mail gives citizens more time in a private, comfortable setting to study the ballot and reflect on the issues.
• Vote By Mail creates a paper trail.
• Vote By Mail in other states increases turnout and decreases cost.

Voter turnout in Cary for the April 2003 bond referendum election was 10 percent. Cary election costs for this election were $46,744.12.

The Town of Cary has budgeted $75,000 for the May 2005 election. Due to recent changes in federal and state law, additional precinct officials are needed in each precinct.  The increase in the number of voters in the Town of Cary will also necessitate the Board of Elections creating additional precincts, which will affect the number of polling places in the Town of Cary .  Training costs, delivery of equipment, and all printing costs have increased over the past two years. 

If Vote By Mail is used, staff estimates these costs would drop by at least 30 percent to about $50,000.  The major cost of the election would be the printing and mailing of the ballots.  Since no polling places would be open, there would be no precinct charges, which average over $1,000 per precinct.

VOTE BY MAIL IN OTHER STATES

In 1981, the Oregon legislature approved a test of Vote By Mail for local elections.  In 1987, Vote By Mail was made permanent and a majority of the counties used it for local and special elections.  In 1995, the Oregon legislature approved expanding the Vote By Mail to primary and general elections.  In 1996, Oregon conducted a general election by mail to fill a vacancy in a federal office with 66 percent turnout.  Voter participation continued to increase in local and special elections. 

According to the Wake County Board of Elections, North Carolina’s 2004 Primary had a turnout of less than 30 percent while in the 1996 presidential preference primary in Oregon--all done by mail—turnout was 57.6 percent.  Vote By Mail has also been used in Alaska, California, Colorado, Florida, Kansas, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, New York, North Dakota, Utah, and Washington.

VOTE BY MAIL IN WAKE COUNTY

In a sense, Vote By Mail has been used successfully throughout North Carolina for years in the form of absentee voting, and results indicate that it is growing in popularity.  In Wake County alone, 11,071 citizens voted by mail in the 2004 election.

According to the Wake County Board of Elections, the mandates of the federal Help America Vote Act (HAVA) will continue to increase the cost of elections – costs the jurisdictions (and taxpayers) must bear.  Election officials across the country are looking for ways to improve the process, increase voter participation, and increase the integrity of the election process.  Vote By Mail with Wake County’s current optical scan equipment will accomplish those goals.

The Information Services Advisory Board reviewed this request at their February 3, 2005 meeting, and they unanimously concurred with the Town of Cary supporting the Vote By Mail request for the May 3^rd bond referendum.

Staff Recommendation:  Staff recommends support of the Wake County Board of Elections’ request to institute a Vote By Mail pilot program for the May 3, 2005 bond referendum.

Draft Letter:

The Honorable John H. Gilbert, Chairman
Wake County Board of Elections
P.O. Box 695
Raleigh, NC 27602

Dear Chairman Gilbert:

The Cary Town Council met on February 10, 2005 and voted to support the Wake County Board of Elections’ request to utilize a Vote By Mail pilot program for the May 3, 2005 Cary Clean Water Bond Referendum.

 We look forward to continuing to work with you and your staff on this initiative.

 Sincerely,

 Ernest F. McAlister
 Mayor

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2005

SENATE DRS15018-LB-47A*  (1/25)

A BILL TO BE ENTITLED

AN ACT TO ALLOW A TRIAL PROJECT FOR VOTING BY MAIL in municipal elections and referenda CONDUCTED in may of 2005.

Whereas, a number of states allow voting by mail in some or all elections, without opening of traditional polling places; and

Whereas, the Secretary of State's office in Oregon, where all voting is by mail, indicates that such an election costs thirty percent (30%) less than a traditional polling place election, while turnout is higher especially in special elections; and

Whereas, the first significant test of Vote By Mail was authorized on a pilot local basis in local elections by the legislature in Oregon in 1981; and

Whereas, Vote By Mail has also been used in Alaska, California, Colorado, Florida, Kansas, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, New York, North Dakota, Utah, and Washington; and

Whereas, the General Assembly desires to pilot test a program of Vote By Mail rather than a traditional polling place election; Now, therefore,

The General Assembly of North Carolina enacts:

SECTION 1.  Upon the request of the city council and the county board or boards of elections for that municipality, the State Board of Elections may provide for any election or referendum held in May 2005 in a city with a population, according to the most recent decennial federal census, of 90,000 or over, to be held in accordance with Section 3 of this act.

SECTION 2.  If an election or referendum has been ordered to be held in accordance with Section 3 of this act, any other municipality that is contiguous with that municipality may also hold an election or referendum under Section 3 of this act on that same date under the same procedure as provided in Section 1 of this act.

SECTION 3.  All registered voters in the jurisdiction shall be mailed a ballot by nonforwardable United States Postal Service mail. In order to vote, the voter shall mark the ballot and return it in the postage prepaid envelope or drop it in a locked ballot box at the office of the town clerk or at the office of the county board of elections or at any other location provided by the county board of elections. Ballots must be received by 7:30 P.M. on the date of the election or referendum in order to be counted. The State Board of Elections shall adopt policies and procedures for elections or referenda held under this section. In addition to any other matters, those policies and procedures shall govern: (i) absentee voting and (ii) reports of address changes within the county received after the close of registration for the election that could have been processed on election day to make the voter eligible to vote if the election or referendum were not conducted by mail. No regular polling place shall be open on the day of the election or referendum. The State Board of Elections shall report to the General Assembly its policies and procedures immediately upon their adoption. Adoption and publication of such policies and procedures is not subject to Chapter 150B of the General Statutes.

SECTION 4.  The State Board of Elections shall report to the General Assembly on the implementation of this act.

SECTION 5.  This act is effective when it becomes law.

RESOLUTION OF THE CARY TOWN COUNCIL FOR THE VOTE BY MAIL PILOT PROJECT

WHEREAS, the Town of Cary desires to improve the voting opportunity and experience for their citizens including exploring new methods of voting, and

WHEREAS, certain voters reside in and are registered to vote in Chatham County and are also residents of and eligible to vote in the elections of the Town of Cary, whose elections have been historically administered by the Wake County Board of Elections. The Chatham County Board of Elections and the Wake County Board of Elections have entered into an agreement that the Wake County Board of Elections will conduct all aspects of the Town of Cary future elections, including servicing Chatham County residents who are residents of the Town of Cary, and

WHEREAS, the Town of Cary has an opportunity, as authorized by S.L. ________________, to participate in a pilot project for a vote by mail election for their bond referendum on May 3, 2005.

NOW, THEREFORE, BE IT RESOLVED that the Town of Cary requests that the above referendum/election be conducted as a by mail election project by the Wake County Board of Elections under the provisions of S.L. _________________, and

BE IT FURTHER RESOLVED that the Wake County and Chatham County Boards of Elections request that the State Board of Elections allow the May 3, 2005 referendum/election in the Town of Cary to be conducted as a by mail election pilot project as set out in the provisions of S.L._____________ and subject to such polices and procedures that are adopted by the State Board of Elections for the by mail election project, and

BE IT FURTHER RESOLVED that the Town of Cary will fully cooperate with the State Board of Elections, the Wake County Board of Elections, and the Chatham County Board of Elections in implementing this vote by mail pilot project.