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11/20/2007 AGENDA ITEM I It BOARD OF CANVASS MEETING CITY OF F NOVEMBER 26, 2007 TO: WILLIAM W.BURNS,CITY MANAGER FROM: RICHARD D.PRIBYL,FINANCE DIRECTOR DEBRA A. SKOGEN,CITY CLERK SUBJECT: CANVASS REPORT OF SPECIAL ELECTION—NOVEMBER 20,2007 DATE: NOVEMBER 26,2007 A special election was held on Tuesday, November 20, 2007, to determine the outcome of the charter amendment removing the utility rate restriction. Attachment 1 is the Statement of Canvass for this election. State Law states that the City Council must canvass the results of the primary election within 7 days of the election. There were 14,923 registered voters registered at 7:00 a.m. and 47 Election Day registrations. Of the total number of 14,970 registered voters, 2,544 voters cast a ballot providing for an average voter turnout of 17%. Of those 2,544 ballots cast, 6 ballots were not counted due 2 blank ballots, 1 over-voted ballot and 3 defective ballots. To determine voter intent staff reviewed state law and found the following: • MN Statute, Section 204C.22, Subd. 3a states, "if a voter votes both yes and no on a question, no vote may be counted for that question, but the rest of the ballot must be counted if possible. • MN Statute, Section 204C.22, Subd 13, states, "if a ballot is marked by distinguishing characteristics in a manner making it evident that the voter intended to identify the ballot, the entire ballot is defective." • MN Statute, Section 204C.22, Subd. 15 states, "if no name or response to a question is marked and no name is written in, the ballot is blank with respect to that office or question. A ballot that is blank with respect to one or more offices or questions is not defective." Of the 2,538 votes counted, yes votes were 1,737 and no votes were 801, there by approving the charter amendment by a total of 68.4%. Staff recommends a motion accepting and certifying the results of the election. Statement of Canvas General Election Page 2 November 26,2007 City of Fridley, Minnesota Statement of Canvass Special Election November 20, 2007 DECLARATION OF THE RESULTS THEREOF A. The total number of ballots cast was_: Total Ward 1 Ward 1 Ward 1 Ward 1 Ward 2 Ward 2 Ward 2 Ward 2 Ward 2 Ward 3 Ward 3 Ward 3 Ward 3 Ballots Precinct 1 Precinct 2 Precinct 3 Precinct 4 Precinct 1 Precinct 2 Precinct 3 Precinct 4 Precinct 5 Precinct 1 Precinct 2 Precinct 3 Precinct 4 Cast 335 382 241 177 95 161 326 118 48 145 330 84 102 2544 B. The total number of votes counted for Question 1 are as follows: Ward1 - - - Precinct Ward 1 Ward 1 Ward 1 Ward 2 Ward 2 Ward 2 Ward 2 Ward 2 Ward 3 Ward 3 Ward 3 Ward 3 Total Question 1 1 Precinct 2 Precinct 3 Precinct 4 Precinct 1 Precinct 2 Precinct 3 Precinct 4 Precinct 5 Precinct 1 Precinct 2 Precinct 3 Precinct 4 Votes Yes 253 243 151 133 56 110 223 100 35 80 227 59 67 1737 No 81 139 90 44 38 51 101 18 13 65 102 24 35 801 Total 334 382 241 177 94 161 324 118 48 145 329 83 102 2538 Blank 1 0 0 0 0 0 0 0 0 0 0 1 0 2 Over vote 0 0 0 0 0 0 1 0 0 0 0 0 0 1 Defective 0 0 0 1 1 0 0 0 0 0 1 0 0 3 Total Votes Not Counted 1 0 0 1 1 0 1 0 0 0 1 0 1 6 1 ballot was found to have filled in both yes and no and considered an over-vote. For the purposes of determining voter intent, MN Statute, Section 204C.22, Subd. 3a states, "if a voter votes both yes and no on a question, no vote may be counted for that question, but the rest of the ballot must be counted if possible. 2 ballots were found to have neither yes or no filled in and considered to be blank. For the purposes of determining voter intent, MN Statute, Section 204C.22, Subd. 15 states, "if no name or response to a question is marked and no name is written in,the ballot is blank with respect to that office or question. A ballot that is blank with respect to one or more offices or questions is not defective." 3 ballots were found to be defective and not counted as a result. MN Statute, Section 204C.22, Subd 13, states, "if a ballot is marked by distinguishing characteristics in a manner making it evident that the voter intended to identify the ballot, the entire ballot is defective." Statement of Canvas General Election Page 3 • November 20,2007 C. The following is a true copy of the ballot: CITY QUESTION BALLOT CITY OF FRIDLEY SPECIAL ELECTION NOVEMBER 20,2007 INSTRUCTIONS TO VOTERS To vote,completely fill in the oval(s)next to your choice(s)like this • To vote for a question,fill in the oval next to the word"YES"for that question. To vote against a question,fill in the oval next to the word"NO"for that question. CITY QUESTION' SHALL THE FRIDLEY CITY CHARTER BE AMENDED? Shall the Fridley City Charter be amended to eliminate utility rate restrictions and allow the City Council to establish rates that cover the cost of operations? ��► YES CD NO D. The names of the Judges of the Election are as follows (Head, Assistant Head or Co-Head Judges are indicated by * or **): E. Ward 1 Precinct 1 Ward 1 Precinct 2 Ward 1 Precinct 3 Ward 1 Precinct 4 Kathleen Burzynski Mary Ackerman Jerold Bahls Molly Christian Patricia Dufresne Carol Bunnell Bernadette Bovy* Bill Holm Carolyn Holmen Marguerite Gilbert Casimir Burzynski Jewel Ann Larson Carol Kalan Lynne Grigor James Holmen Jeri Miller** JoAnne McConville Rosalie Halling Rosemary Johnson Norma Rust* Carole Schaaf** Marlys Kranz* Irma Kelly** Mary Ann Smerud Marlene Schonebaum Beverly Sax* Donna Novak Judith Veres Jon Soule Barbara Tollakson Jane Wisniewski Janet Swanson* Edward Wood Gerald Tollakson Statement of Canvas General Election Page 4 • November 20,2007 Ward 2 Precinct 1 Ward 2 Precinct 2 Ward 2 Precinct 3 Ward 2 Precinct 4 Ward 2 Precinct 5 Arlene Ewer Stanley Berquist Wilbert Bonine ** Colleen Joy Kennedy Maggie Blasingame Suzanne Holm JoAnn Cedarholm* Ruby Koenen Karen Leske ** Marilyn Brick Teresa Hub* Jean Coyle Thea Langseth Jeanette Lindquist Barbara Brooks Esther Kisch Jill Dutcher Judy Lennox Christopher Menon** Maxine Dammen** Natalie Lohmer Donald Findell Giles McConnville Margaret Oelschlager Delores Ginthner Donna Nordin** Lana Joy Glaser** Shirley O'Neill Jackie Walther* Arvilla Kobernusz Eugene Ouellette Debbie Koenen Judy Schultz Noel Ryan Tom Schonebaum Dorothy Pehl Joanne Toews John Walther* Ann Williams * Thomas Winn Ward 3 Precinct 1 Ward 3 Precinct 2 Ward 3 Precinct 3 Ward 3 Precinct 4 Health Care Judges Betty Bonine * Rita Binkowski** Julann Delaney* James Glaser Norma Rust Robert Bussey Bonita Johnson Carolyn Doyle Robert Hosman* Marcy Everette Mary Kirkwood Dorothy Linse David Johnson Janet Kothman Deb Skogen Myrtle Morphew Bruce Miller Marian Luke Ted Kranz** Leslie Plummer** Marie Nelson* Richard Nelson* Connie Metcalf Richard Smith Marge Often Constance Schindel Peggy Price Lois Scholzen Eric Torkkola Kathy Svanda Joe Westenfield Marliss Westenfield WE HEREBY CERTIFY THE ABOVE RESULTS OF THE GENERAL ELECTION HELD ON NOVEMBER 20,2007, ON THIS 26111 DAY OF NOVEMBER,2007. C` Scott— Lund or Y d \ uncilmember t d 1 Jim Saefke Councilmember At ge—Ro . Barnette Co ember Ward 2—Dolores M. Varichak ATTEST: b Debra A. Skogen, City Jerk Co cilmember Ward 3 —Ann R. Bolkcom