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HomeMy WebLinkAboutStaff Report 365-06City City of Palo Alto Manager’s Report TO: FROM: DATE: SUBJECT: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENTi COMMUNITY SERVICES , SEPTEMBER 18, 2006 CMR: 365:06 18 HUMAN RELATIONS COMMISSION RECOMMENDATION TO THE CITY COUNCIL TO ADOPT A VO~’ER CONFIDENCE RESOLUTION RECOMMENDATION The City of Palo .Alto’s Human Relations Commission (HRC) requests that the City Council adopt a Voter Confidence Resolution and direct the City Attorney to draft the final version of the resolution. BACKGROUND At its June 8, 2006 HRC meeting, Commissioners discussed revisions to the Voter Confidence Resolution after receiving feedback from the City Council at its May 8, 2006 meeting. During the January and February HRC meetings, the Commissioners discussed the election process and entertained testimony from residents regarding the voting system and the problem with voting machines in Santa Clara County. DISCUSSION The HRC’s concerns are that the voting machine system is unregulated. Some of the machines that have been tested had as much as a 30 percent error rate. Currently, the voting machines do not have a paper back-up system to provide for accurate recounts. The HRC is in support of absentee ballots because voting on paper is the only way to insure an accurate recount of votes. The HRC is recommending a Voter Confidence Resolution as a way of sending a message to local, state and federal election officials of the need to return to a more participatory democracy. BOARD/COMMISSION REVIEW AND RECOMMENDATION The HRC is forwarding the revised resolution to the City Council for adoption and to request that the Council direct the City Attorney to draft the final version of the resolution. RESOURCE IMPACT There should not be a significant impact on staff time. ATTACHMENTS Attachment A:Cover Letter from the Chair of the Human Relations Commission Attachment B:Draft Voter Confidence Resolution CMR:365:06 Page 1 of 2 PREPARED BY: DEPARTMENT HEAD: KA~IY"I~ SP~NO Z~k-HOWARD Division Manager Cubberley Community Center & Human Services Division RII Director of (Services Department CITY MANAGER AP HARRISON As ~istant City Manager CMR:365:06 Page 2 of 2 Attachment A Cover Letter for revised Voter Confidence Resolution passed unanimously by Human Relations Commission of the City of Palo Alto on July 13, 2006 Dear Mayor, Kleinberg, Vice Mayor Kishimoto, and City Council Members, The Human Relations Commission passed a Voter Confidence Resolution on February 9.2006 and requested the Resolution be sent to the City Council of Palo Alto for consideration. The Voter Confidence Resolution made it to the City Council agenda on May 8, whereupon it was sent back to the HCR for revision. Some City Council Members took issue with specific sections of the resolution unanimously passed by the HRC in February. The HRC has sited the provisions below. Declaring election day a national holiday. Some Council members were concerned about the financial impact of an election day holiday for City employees. Other Council members wondered if a national holiday would be the most effective way to increase voter turnout. HRC RESPONSE: The HRC removed this provision from the revised Voter Confidence Resolution Equal Time provisions to be restored by the media along with a measurable increase in local public control of the airwaves ¯A Council member believed this provision was inappropriate and unnecessary. HRC RESPONSE: The HRC believes that equal time provisions for political candidates would help to equalize the political process. The HCR also believes current laws could be enforced by the FCC. Specific Supreme Court rulings authorizing the Federal Communications Commission to enforce equal time provisions and free airtime for political candidates can be found at the link provided below. http://www.citizen.org/congress/campaign/issues/free tv/article s.cfm?ID=5303 The HRC agrees to remove this segment of the resolution in the interest of offering the City Council a Voter Confidence Resolution in keeping with City Council concerns. Preferentia~l voting and proportional representation to replace the winner - take - all system for Federal, State and local elections. A Council Member sited preferential voting and proportional representation as complicated voting systems which should not be considered for this Resolution. HRC RESPONSE: _The goal in preferential voting is to produce election results where winners gain seats in proportion to the votes they secure. This system is used for national elections in Australia, New Zealand, Israel, Japan and a number of European Countries. The HRC believes a preferential voting system would enhance voter confidence. However, the HRC has removed this provision in honor of the City Council request. Members of the City Council also questioned the call for support of clean money laws. The HRC had purposely left this segment open ended as legislation was pending in the State and in Congress. Since passing the initial Voter Confidence Resolution, Proposition 89: California Clean Money and Fair Election Act has qualified for the November 2006 ballot. Details and specifics about this proposition can be found at www.CleanMoneyElections.org When the HRC passed the mostrecent version of the Voter Confidence Resolution the Voters Rights Act was before Congress. H.R. 9 has subsequently passed and the Voters Rights Act has been reauthorized. The Human Relations Commission hopes the City Council will pass this revised Voter Confidence Resolution which has incorporated the changes suggested by various City Council members. Sincerely, Shauna Wilson Mora Chair of the Human Relations Commission City of Palo Alto, CA Attachment B Voter Confidence Resolution As passed by the Human Relations Commission of the City of Palo Alto July 13, 2006 Whereas a properly functionin~ election system should produce substantial agreement about the results incYicated by a fixed set of unchanging records; and Whereas recent elections have been conducted under conditions that have not produced substantial agreement about the outcome; and Whereas future elections cannot possibly produce substantial agreement as long as any condition permits an inconclusive count or re-count of votes; and Whereas inconclusive counts and re-counts have occurred durin~ recentelections due in Dart to electronic votin~ devices that do not Drod’uce a DaDer record of votes t~) be re-counted if neces~sary; and ~ ~ ~ Whereas the lack of open source software in electronic voting devices restricts public verification of vote accuracy; and Whereas the Secretary of State has the power to interpret, and implement state and federal elections Jaws, and set the standards for everything from the processing of voter registrations to the conduct of official recounts; and Whereas when the Secretary of State is also a Drincipal player in the re-election campaign under his or her jurisdiction, confidence in the Secretary of State’s impartiality is questionable; and Whereas in the absence of federal or even state standards for voter roll purges,and number of votin~ machines and Doll workers per registered voter~ the United States has ma~ny municipalitids with as mahy pos~sible standards; and Whereas exit polls have been used to verify the authenticity and integrity, of elections all over the world, andvet exit polls in some recent elections in the United States indicated a landslide victory for the candidate that tallied votesregistered as the losing candidate; and Whereas inconclusive results make it impossible to measure the will of the people in their preferences for representation; and Whereas the money necessary to run campaigns for state and federal electedoffices often requires extensive fund raisinl~ a~nd encourages the influence of s ecial in.teres.t~rouDs and wealthy donors~ while limitin~ candidate’s abilitvi~eract ctirectly~witli the public; arid u ~ to Whereas the Declaration of Independence refers to the C0,,n, sent of the,Governedas the self-evident truth from which Government derives Just Power ; and Whereas inconclusive results, by, definition, mean that the true outcome of an election cannot be known, there is no basis for confidence in the results reported from such elections; " THEREFORE BE IT RESOLVED: The followin;~ is a comprehensive election reform platform likel.y, to ensure conclusive election reshlts and create a basis for cdnfidence in U.S. federal, Stateand local elections: 1)A voter-verified paper ballot for everv vote cast and additional uniform standards deterrhir~ed by a non-parti~an nationally recognized commission, and 2) Voting processes owned and operated entirely in the public domain, and 3)A requirement that the tglv elected official responsible for overseeing elections in each jurisdiction not serve in any capacity in any political campaign over ~hich he or she has jurisdicfion,~and ~ 4)Consistent national standards for security, includin~ physical and electronic security of election systems, including talI’ymg systems, and 5)Uniform and inclusive voter re~:istration standards and accurate and transparent voting roll purges, ~Sased on fair and consistent national standards, and 6)Consistent national standards for the number of voting machines and pollworkers per 100 voters in each precinct, to ensure reasonable and uniform Waiting times for all v6ters, and 7)Countin~ all votes publicly and locally in the presence of citizen witnesses and crecr’entialed members of the media, and 8) Reauthorization of the Voting Rights Act before Congress as H.R. 9 9) Support of clean money campaign reform laws such as 19assed in the Stdt~s of Mainej Arizofia, Mdssa’dhusetts, Vermont and New Mexico and to be included ~n the November 2006 election ballot for California as the California Clean Money and Fair Elections Act ; and In passing this resolution, the City Clerk of the City of Paio Alto, California wiI1 follow the above ;.~uidelines, where possible, to protect, and ensure voter confidence. This resor’ution will be sent to California State and Federal leNi,slators, the California Secretary of State, and the Santa Clara County Registraro~ voters. Be it further resolved: When elections are conducted under conditions that prevent conclusive outcomes, the Consent of the Governed is not being sought. Absent this self-evident source of legitimacy, such Consent is not to be assumed or taken for granted. TO: FROM: DATE: SUBJECT: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: COM~NITY SEPTEMBER 18, 2006 CMI~ ~6 SERVICES HUMAN RELATIONS COMMISSION RECOMMENDATION TO THE CITY COUNCIL TO ADOPT A VOTER CONFIDENCE RESOLUTION RECOMMENDATION The City of Palo Alto’s Human Relations Commission (HRC) requests that the City Council adopt a Voter Confidence Resolution and direct the City Attorney to draft the final version of the resolution. BACKGROUND x~~re At its June 8, 2006 HRC meeting, Commissioners discussed visions to the Voter Confidence Resolution after receiving feedback from t~ City Council at its May 8, 2006 meeting. During the January and February HRC meetl~’~e Commissioners discussed the election process and entertained testimony from residents regarding the voting system and the ~~blem with voting machines in Santa Clara County. The HRC’s concerns are that the voting machine system is unregulated. Some of the machines that have been tested had as much as a 30% error rate. Currently, the voting machines do not have a paper back-up system to provide for accurate recounts. The HRC is in support of absentee ballots because voting on paper is the only to insure an accurate recount of votes. The HRC is recommending a Voter Confidence as a way of sending a message to local, state and federal election officials ~ return to a more participatory democracy. CMR:XXX:06 Page 1 of 2 BOARD/COMMISSION REVIEW AND RECOMMENDATION The HRC is forwarding the revised resolution to the City Council for adoption and to request that the Council direct the City Attorney to draft the final version of the resolution. RESOURCE IMPACT There should not be a significant impact on staff time. ATTACHMENTS Attachment A:Draft Voter Confidence Resolution PREPARED BY: KATHY ESPINOZA-HOWARD Division Manager Cubberley Community Center & Human Services Division DEPARTMENT HEAD: RICHARD JAMES Director of Community Services Department CITY MANAGER APPROVAL: EMILY HARRISON Assistant City Manager CMR:XXX:06 Page 2 of 2