ELECTION PROCEDURES

For the March 16, 2004 Election of Zone-Director Board Members of MVCC.

 

Approved – Date Jan. 13, 2004

 

I.              ELECTION SCHEDULE

 

MVCC Approved Election Schedule for the 2004 election:

 

Candidate Information Session: 7:00 PM, Tuesday, January 20, 2004, Mar Vista Elementary School, 3330 Granville Blvd., Los Angeles, CA, 90066.

 

Candidate Orientation and Filing Meeting: 7:00 PM, Tuesday, February 17, 2004, Mar Vista Elementary School, 3330 Granville Blvd., Los Angeles, CA, 90066.

 

Candidate Filing Deadline: Hand delivered or postmarked no later than 11:59 PM Tuesday, February 17, 2004. Send or deliver to 12301 Clover Ave. Los Angeles, CA 90066.

 

MVCC Candidate Forum and Election: March 16, 2004 (Election Day).

Forum: 5:15 to 6:00 PM, Election: from 6:00 to 8:00 PM.

Location: Mar Vista Elementary School, 3330 Granville Blvd., Los Angeles, CA, 90066.

 

Installation of newly Elected Board and Annual MVCC Meeting:

(Pending certification and resolution of any challenges to the election.)

Tuesday, April 20, 2004, 7:00 PM, Mar Vista Park.

 

 

                    II.     ELECTION COMMITTEE

 

Composition:

 

The Mar Vista Elections Committee is composed of up to six (6) community stakeholders.  Any stakeholder that is a candidate or plans to be a candidate must exclude them selves from the Election Committee. Participation in the Election Committee or election process may be a cause for rejection as a candidate from the Election. The Election Committee meetings are open to the public.

 

Charge: From the MVCC Bylaws:

 

Duties/Responsibilities:

Conduct nominations for Directors,

Verify that the nominees have met candidacy criteria,

Promote, announce and schedule an election,

Produce ballots for the election,

Certify each stakeholder when the ballot is issued,

Count ballots, determine the winners, and certify the election,

Announce results, and

Install new Board Members.

 

 

                       III.     DEFINITIONS AND AUTHORITY

 

The definitions in Appendix A are in effect for this document.

 

The Election Committee has determined that in order to guarantee a fair election and a fair outcome, that it shall ask the League of Women Voters (LoWV) to act as the Third Party Election Administrator. As such the LoWV shall assist the Election Committee by, but not limited to, overseeing (or) observing the election voting process and receipt of the ballots from the ballot boxes and to overseeing (or) observing the ballot counting and to announce the election results.

 

The Department of Neighborhood Empowerment (DONE) will act as the Third Party Arbitrator for the MVCC election.

 

MVCC Elections shall follow a Pre-prepared Ballot Elections format with no Vote-by-mail provision.

 

After each annual election, once the new directors are installed, they will conduct an

Election of the following officers: Chair, 1st Vice-Chair, 2nd Vice-Chair, Secretary and Treasurer. This annual officer election shall follow a Same Day Election format.

 

                       IV.     PUBLIC NOTICE OF ELECTIONS

 

The Election Committee will prepare an Election Announcement Package, in both English and Spanish, to announce the Board’s election process. The package will include the following:

Introductory information about the Mar Vista Community Council

Election policies and procedures

Election events and times

Mar Vista Community Council boundaries and zone map

 

This package will be submitted to DONE for printing.

 

The Mar Vista Community Council, the MVCC Election Committee, the MVCC Outreach Committee and, also, any volunteers will:

 

make presentations to community groups;

ensure that information about the Council and the election will be published in community newsletters, church bulletins, flyers for neighborhood distribution;

create posters and flyers, and make arrangements to display them in local businesses, community centers;

send e-mail messages to all stakeholders (where possible), inviting them to run for election and informing them of election processes;

post election information on the MVCC website, and at least 5 locations where the information is accessible to  public view; and

post registration and candidate declaration forms on the MVCC website.

 

                    V.     VOTER ENROLLMENT

 

From the revised MVCC Bylaws:

 

The Mar Vista Community Council shall be composed of, and made available to, all stakeholders within the stated boundaries. Stakeholders include individuals living, working, or owning property within the boundaries, as indicated in Article I.  Only stakeholders 18 years of age or older may vote.

 

Provisional ballots will be issued to voters whose stakeholder status cannot be immediately determined and the ballot will be accepted and sealed for provisional counting.

 

Stakeholders who wish to vote must complete a Stakeholder Registration Form (SRF).

 

All stakeholders, at the designated time on election day, must register as a stakeholder by submitting the completed SRF attesting their stakeholder status to an election official.

 

SRF’s must be completed by stakeholders on election day and submitted to an election official to receive a ballot.

 

After completing a stakeholder registration form and receiving a valid ballot all stakeholders may vote in the election subject to the following:

 

For Zone-Director Election:

Each voter may vote for no more than one candidate on the ballot.

 

 

                       VI.     CANDIDATE INFORMATION

 

1.     CANDIDATE ORIENTATION

 

At least one Candidate orientation program will be held prior to the Candidate Filing deadline of 11:59 PM Tuesday, February 17, 2004 to brief candidates on election procedures, expectations and responsibilities of a Board Member. Participation in the Candidate Orientation is recommended, but not required. Candidates may appear in person or be presented by a third-party.  Information for Candidates will be available from the Election Committee and the web site.

 

Only candidate photographs taken at a Candidate Orientation can be used for MVCC election purposes.

 

B.    CANDIDATE FILING

 

Candidate applications for the MVCC Board of Directors will be received by the Election Committee no later than February 17, 2004, by mail (postmarked before 11:59 PM) or hand delivery to 12301 Clover Ave, LA, CA, 90066 (delivered before 11:59 PM) in order to be a valid candidate for the election. Candidate must acknowledge their candidacy through candidate forms. Candidates will be asked to electronically submit a qualifying statement (not to exceed 150 words) and a vision statement for the Council (not to exceed 150 words) for publication on the MVCC website prior to Election Day.  These statements will be available for voter review outside of the voting site on election day. Combined statements will be truncated to 300 words.

 

Zone-Director Candidates must be registered and verified as stakeholders within their respective Zone’s boundaries. Candidate’s eligibility will be verified and approved by the Election Committee. Acceptable proof of Stakeholder status will be similar to that of cashing a check or applications for employment.

 

There will be no late candidate filling allowed.

 

 

B.    CANDIDATE FORUM

 

From 5:15 p.m. to 6 p.m. on Election Day, a Candidate Forum will be held for the Mar Vista Community Stakeholders.  Candidates will be asked to present a two-minute presentation regarding their candidacy.  In the interest of time and to ensure that all candidates are given sufficient time, no questions will be taken from the audience until all of the candidate presentations are completed.  Participation in the forum is mandatory for all candidates. Candidates that fail to appear before the stakeholders shall be removed from the candidate list.

 

C.   CANDIDATE STATUS

 

Candidates must be stakeholders in the zone for which they intend to represent.

 

 

                         VII.     BALLOTS

 

Instructions will be provided to each registered stakeholder voter in either English or Spanish on how to use the ballots.

 

Votes must be cast only on the official ballot, and voting must be based upon the instructions given to the stakeholder with the ballot.

 

All ballots will be numbered to avoid duplicate votes.  Any ballots that are duplicated or otherwise altered will not be counted. Ballots that do not conform to the voting instructions will not be counted.

 

Provisional ballots will be issued to voters whose stakeholder status cannot be immediately determined and the ballot will be accepted and sealed for provisional counting.

 

No candidate will be allowed to handle or count the ballots once they are cast. Each candidate or their designated representative may observe, but not handle the ballot(s) and must not interfere with the counting process.

 

Five minutes before closing the polls, an election official shall declare that the polls will close in 5 minutes.  After this declaration, no ballots shall be put into the ballot boxes except for the ballots of voters still in the process of check-in, or completing their ballots at the time the election is declared ‘closed.’  The election area will then be closed, and no one except the person or person (s) assigned to handle the ballots will be allowed to enter.

 

Ballots will then be secured by the election official and counting will proceed in accordance with the Election Committee’s schedule.

 

Electronic machines will be used to count the ballots. Primary and secondary machines will be identified. In the unlikely event that those systems are unable to provide a tally, then a tertiary source of counting machines will be solicited. Ballot counting will be completed within ten (10) business days. The Election Committee and The League of Women Voters will observe the ballot count.

 

Provisional Ballot: Provisional ballots will be counted and identified separately.

Provisional ballots are usually used only if they effect the outcome of the election.

 

Absentee Ballot: No absentee ballots may be cast.

 

                            VIII.     VOTING PROCESS ORGANIZATION

 

Members of Mar Vista Community Council or Election Committee who are not candidates and other volunteers will conduct voter and candidate check-in, distribution of ballots and related activities during election hours.

 

Each registration area will have binders holding copies of candidate registration forms.

 

Registered stakeholders will be directed by election-day volunteers to the check-in table.  They will be asked for their name and stakeholder basis.  When the stakeholder is verified by the election official the stakeholder will receive a ballot and be directed to the voting area.

 

                       IX.     PROXY VOTES, TIE VOTES

 

No proxy votes will be allowed.

 

Tie votes will be decided by a toss of a coin conducted by the Third Party Election Administrator.

 

                    X.     THIRD PARTY OVERSIGHT OF THE ELECTION

 

As stated in the amended and (to be approved) MVCC bylaws:

 

The Election Committee may engage an independent third party (Third Party Election Administrator), such as the League of Women Voters, which will be responsible for overseeing the election process. Further, the Election Committee may engage an independent third to determine the resolution of any issues that arise through the election process (Third Party Arbitrator). Also, the Third Party Arbitrator will verify the candidate status in the event of a challenge.

 

All challenges to the election must be submitted in writing within 5 working days of the election to the Third Party Arbitrator. Every effort will be made to provide a determination within 30 working days. Decisions of the Third Party Arbitrator will be final.

 

 

                       XI.     ELECTION CHALLENGES

 

All challenges to the election must be submitted in writing within 5 working days of the election to the Third Party Arbitrator (DONE, 305 E. First St., Los Angeles, CA  90012, or by e-mail to Jonathan Martinez, Project Coordinator, DONE atjmartinez@mailbox.lacity.org). Every effort will be made to provide a determination within 30 working days. Decisions will be final. All stakeholders, candidates and their representative agree to be bound by the decisions of the arbitrator.

 

 

                         XII.     POST ELECTION PROCEDURES

 

The Election Committee will transfer the ballots and voting tabulation materials to a secure location in accordance with the Third Party Election Administrator.

 

Election results will be posted on the MVCC website, through newsletters, newspapers and other public organs.

 

Results of the election will be posted at the 5 or more selected sites accessible to the public.

 

Newly elected Board Members will be installed at the next meeting of the MVCC Board of Directors by the Election Committee.

 

Sometime between 30-60 days following the election, and in accordance with the City Attorney, the MVCC Board of Directors will determine the need to retain in storage the ballots and other election materials. 

 

© 2004 Mar Vista Community Council. All Rights Reserved.

 


Appendix A – Definitions.

 

Note: These are general definitions, developed by DONE. They are included for reference only and some may not apply to a specific election.

 

“Absent Voter” means any voter casting a ballot in any way other than at the polling place.

“All Vote By Mail Election” means an election conducted in which the only voting option is using a ballot that is voted and placed in a sealed envelope, which is then delivered to the election official via the U.S. mail, private courier or hand delivery.

“Board of Neighborhood Commissioners (BONC)” means the seven (7) member appointed commission responsible for policy setting and policy oversight, including the approval of contracts and leases and the promulgation of rules and regulations, but not the day to day management of the Department of Neighborhood Empowerment or the neighborhood councils.

“Campaigning” means a series of actions conducted by a candidate(s) or person(s) on behalf of a candidate(s) intended to influence voters to vote a certain way. Such actions may include, but are not limited to, the distribution of printed or electronic material, making of telephone calls, giving of speeches in a public setting, discussions with individuals or small groups of voters, placement of signs, etc. (see Electioneering below.)

“Challenge” means a written complaint filed by a stakeholder that the election was improperly conducted and the results should be set aside or overturned.

“Department of Neighborhood Empowerment (DONE)” means the City department responsible to implement and oversee the ordinances and regulations creating the system of neighborhood councils enacted pursuant to City Charter Section 905 including: preparing a plan for the creation of a system of neighborhood councils, assisting neighborhood councils in the certification process and in the election/selection of their governing board members, arranging Congress of Neighborhoods meetings as requested by neighborhood councils, arranging for the provision of training to neighborhood councils, and assisting neighborhood councils in operational and logistical areas.

“Electioneering” means to solicit a vote or speak to a voter on the subject of marking his or her ballot; to place a sign(s) relating to any candidate or other matter to be voted on; to distribute material relating to any candidate or other matter to be voted on; or to place a sign(s), distribute material, or converse with a voter on the subject of the voter’s qualifications to vote.  Electioneering is an aspect of campaigning but is generally understood to mean the activities targeted at voters when they are engaged in arriving to the polling place or in the actual act of voting.

“Third Party Arbitrator” means the person(s) or organization selected to review and issue final findings relative to a Challenge filed against the election. This person(s) or organization shall not be the Third Party Election Administrator.

“Third Party Election Administrator” means the person(s) or organization responsible for

conducting the actual election. Duties include, but are not limited to, setting up and managing the polling location(s), checking in voters, distributing and receiving ballots, tabulating the votes, announcing the election results, and securing the election materials.

“Election Procedures” mean the written procedures and methods adopted by a Neighborhood Council, consistent with their by- laws and approved by the Department of Neighborhood Empowerment, that are used to conduct the Neighborhood Council’s governing board member elections.

“Person” means an individual human being.

“Pre-Prepared Ballot Election” means an election in which the candidates file prior to the election and are included on a printed ballot that is distributed to the voters at the polling location(s) on election day.

“Pre-Prepared Ballot Election with the Vote By Mail Component” means an election in which the candidates file prior to the election and are included on a printed ballot that is distributed to and voted by the voters either at: 1) the polling location(s) on election day or 2) or via the U.S. mail or alternative delivery service.

“Provisional Ballot” means a ballot cast by a voter whose eligibility to vote in the election cannot be determined at the time the vote is cast. The voter’s eligibility will be verified at a later date pursuant to methods specified in the Election Procedures and the ballot will be processed subject to the outcome of the verification process.

“Proxy” voting means the written or verbal authorizing of one person to act (vote) for another as an agent or substitute, (e.g.” I hereby authorize ______ to cast a vote for _____ in my place.”)

“Recount” means counting the votes cast again for a particular contest or for the entire election to determine if the original vote tally is accurate.

“Same Day Election Format” means an election in which the candidates are nominated and the voting takes place on the same day and at the same general location.

“Stakeholder” means a person who, pursuant to the Neighborhood Council’s by- laws is eligible to be a candidate and/or vote in the Neighborhood Council’s governing board election.

“Vote-By-Mail Ballot” means a ballot that is voted and placed in a sealed envelope, which is then delivered to the election official via the U.S. mail, private courier or hand delivery

“Write-In Candidate” means a candidate who is not included on the pre-prepared printed ballot but for whom voters may cast a vote by writing in the candidate’s name in the appropriate space provided on the ballot.

 

 

© 2003 Mar Vista Community Council. All Rights Reserved.