All,

I represent a municipality with city council elections coming up.  We have
the recommendation that elections be postponed, however, the city's charter
says that newly elected council persons will be sworn in on a certain date
which can't happen if the elections aren't postponed.  Do I have an option
here concerning postponement of elections?

Thank you in advance.

Ted

Ted W. Haxel (OBA#3997)
Attorney at Law
108 North Second St.
P.O. Box 367
Purcell, OK 73080
405-527-5888 phone
405-527-6666 fax

HOURS:  Monday-Thursday 8:00 a.m.-4:30 p.m.; Friday 8:00 a.m.-noon.

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do not distribute, disclose or copy this message. Please immediately notify
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Do you have the ability to set up voting by mail? Is there a way to spread out the voters at the polling places, workers using gloves and masks, etc.?

The problem I see is that you do not know how long a postponement may need to last.

Mike Vanderburg

Sent from Mail for Windows 10

From: Andie via Oama
Sent: Friday, March 20, 2020 11:01 AM
To: oama@lists.imla.org
Subject: [Oama] Elections

All,

I represent a municipality with city council elections coming up.  We have the recommendation that elections be postponed, however, the city’s charter says that newly elected council persons will be sworn in on a certain date which can’t happen if the elections aren’t postponed.  Do I have an option here concerning postponement of elections?

Thank you in advance.

Ted

Ted W. Haxel (OBA#3997)
Attorney at Law
108 North Second St.
P.O. Box 367
Purcell, OK 73080
405-527-5888 phone
405-527-6666 fax

HOURS:  Monday-Thursday 8:00 a.m.-4:30 p.m.; Friday 8:00 a.m.-noon.

The information contained in this message is confidential information intended only for the intended recipient. If you are not the intended recipient, or if you believe you have received this transmission in error, do not distribute, disclose or copy this message. Please immediately notify us by telephone or by return email, and delete this email and any attachments from your electronic files.

My reading of the State Election Board’s Declaration is that no election will be held on April 7, period.

If it is impossible, it is impossible.  Wouldn’t this be similar to a situation where an official did not qualify and the sitting member would continue to serve until a successor is qualified?

When you say “date certain” do you actually mean a specific date – like April 11?  Or the Monday following the certification?  (I know what you said – but I’m just thinking that surely isn’t the case . . . what if that date falls on a holiday or weekend?)

Kim Spady

Article II, Section 1 of the Purcell Charter provides “All members of the Council shall hold office until their successors are duly elected and qualified:”

Given Governor Stitt’s pronouncement of a State of Emergency, and if Purcell is conducting its elections through the County Election Board, then it would be a pretty strong argument that the existing Charter language gives the Council the ability to postpone the General Election date with the existing Council members in the offices to be determined being allowed to continue until their successors are duly elected and qualified.

Technically, it is possible for a City to run its own election, but not many cities have much interest in the that once they have used the county election board.

Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.orgmailto:jbryant@omag.org

[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma  73013
Phone: 405-657-1419
Fax: 405-657-1401
www.omag.orghttps://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%3D&reserved=0

From: Oama oama-bounces@lists.imla.org On Behalf Of Kimberlee Spady
Sent: Friday, March 20, 2020 3:05 PM
To: oama@lists.imla.org
Subject: Re: [Oama] Elections

My reading of the State Election Board’s Declaration is that no election will be held on April 7, period.

If it is impossible, it is impossible.  Wouldn’t this be similar to a situation where an official did not qualify and the sitting member would continue to serve until a successor is qualified?

When you say “date certain” do you actually mean a specific date – like April 11?  Or the Monday following the certification?  (I know what you said – but I’m just thinking that surely isn’t the case . . . what if that date falls on a holiday or weekend?)

Kim Spady

Jeff is correct that almost all cities and towns use the county to conduct elections.

That said, maybe this is a time to consider vote by mail elections with longer lead times.

Mike Vanderburg

Sent from Mail for Windows 10

From: Jeff Bryant via Oama
Sent: Friday, March 20, 2020 3:45 PM
To: Kimberlee Spady; oama@lists.imla.org
Subject: Re: [Oama] Elections

Article II, Section 1 of the Purcell Charter provides “All members of the Council shall hold office until their successors are duly elected and qualified:” 

Given Governor Stitt’s pronouncement of a State of Emergency, and if Purcell is conducting its elections through the County Election Board, then it would be a pretty strong argument that the existing Charter language gives the Council the ability to postpone the General Election date with the existing Council members in the offices to be determined being allowed to continue until their successors are duly elected and qualified.

Technically, it is possible for a City to run its own election, but not many cities have much interest in the that once they have used the county election board.

Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.org

3650 S. Boulevard
Edmond, Oklahoma  73013
Phone: 405-657-1419
Fax: 405-657-1401
www.omag.org

From: Oama oama-bounces@lists.imla.org On Behalf Of Kimberlee Spady
Sent: Friday, March 20, 2020 3:05 PM
To: oama@lists.imla.org
Subject: Re: [Oama] Elections

My reading of the State Election Board’s Declaration is that no election will be held on April 7, period.   

If it is impossible, it is impossible.  Wouldn’t this be similar to a situation where an official did not qualify and the sitting member would continue to serve until a successor is qualified?  

When you say “date certain” do you actually mean a specific date – like April 11?  Or the Monday following the certification?   (I know what you said – but I’m just thinking that surely isn’t the case . . . what if that date falls on a holiday or weekend?)

Kim Spady