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A quorum of Assembly members not being available, Election Committee Terry Robinson presented her report to the six members present, and it was determined by general consent that the meeting should be adjourned until 5:30 p.m. Tuesday, Jan. 31. The meeting was adjourned until that time.
1. In the absence of the Facilitator, the adjourned meeting was called into session at 5:45 p.m. Tuesday, Jan. 31, by Vice-President Pauline Stout. and a quorum was established.
Members of the Palms Representative Assembly:
Todd W. Robinson President Absent
Pauline Stout Vice President Present
George Garrigues Secretary Present
Asad Yavari Treasurer Absent
Alejandro Soschin Nonprofit representative Absent
Willie Bell Palms West Residential A Present
Billie Silvey Overland Residential B Present
Mario Bruhwiler Motor Residential C Absent
Neal James Anderberg Studio Residential D Absent
Ingeborg Prochazka Exposition Residential E Present
John Riordan Pacific Electric Business 1 Present
Lori Donahoo Charnock Ranch Business 2 Present
F. Danny Monempour Palms Depot Business 3 Absent
2. Election Committee. Procedures and policies for the 2006 Palms Neighborhood Council election. The election will be for vice president, treasurer, nonprofit organization representative, Overland Residential B. Studio Residential D, Pacific Electric Historic Business 1 and Palms Depot Historic Business 2.
After discussion and by a unanimous voice vote, the report of the Election Committee was adopted. (See attached.)
3, Adjournment. The meeting was adjourned at 6.05 p.m.
ATTACHMENT:
I. ELECTION DAY
The date of the Election will be May 21, 2006. It will take place at Palms Elementary School, 3520 Motor Avenue, Palms CA 90034 between noon and 5:00 p.m.
II. AREA DESCRIPTION
The boundaries of the Palms Neighborhood Council are as follows:
The boundaries of the Council are, beginning at the intersection of Sepulveda Boulevard and Charnock Road, east on Charnock Road (the south side only) to Overland Avenue, north on Overland Avenue (the east side only) to National Boulevard, east on National Boulevard (south side only) to the intersection of National Boulevard and I-10, east on I-10 and the eastbound Robertson Boulevard exit lanes off I-10 to the Culver City border, southwest along the Culver City border to I-405, north on I-405 to Venice Boulevard, east on Venice Boulevard to Tuller Avenue, north on Tuller Avenue (east side only) to Regent Street, east on Regent Street (south side only) to Sepulveda Boulevard, north on Sepulveda Boulevard to Charnock Road (east side of Sepulveda only). In addition, for geographic and historic reasons, Charnock Road Elementary and Palms Middle schools are considered an overlap area with the Mar Vista Community Council. (PNC Bylaws, Article II)
III. NEIGHBORHOOD COUNCIL BUSINESS & RESIDENTIAL AREA MAPS
Business Area 1 – Pacific Electric (For the Business Area Map, please see
Appendix A)
Business Area 2 – Charnock Ranch
Business Area 3 – Palms Depot
Residential Area A – Palms West
Residential Area B – Overland (For the Residential Area Map, please see
Appendix B)
Residential Area C – Motor
Residential Area D – Studio
Residential Area E – Exposition
IV. STAKEHOLDERS
People aged 18 or over who fulfill the following criteria are eligible to run for office and to vote. Those 16 and over may vote but not run for office.
A Stakeholder is a person who lives, works or owns property within the Palms Neighborhood Council’s boundaries. A stakeholder is also a person involved in one or more of the following organizations physically located within or primarily serving the Palms Neighborhood Council area: Educational institutions, religious institutions, community organizations, non-profit organizations, block clubs, resident associations, homeowners associations, apartment associations, condominium associations, neighborhood associations, school/parent groups, chambers of commerce, business improvement districts, service organizations, park advisory boards, boys and girls clubs, cultural groups, environmental groups, codewatch, Neighborhood Watch, community police advisory boards and redevelopment action boards. (PNC Bylaws, Article IV)
V. ELECTION TYPE
The election will be a Prepared Ballot Election in which candidates file before the election
and, if they meet the deadline, are then included on a printed ballot. This ballot will be distributed to the voters at the polling location on election day or will be mailed to voters who have requested a vote-by-mail ballot before the deadline.
B. Absentee (vote-by-mail) is allowed.
C. Write-in candidates are allowed.
D. Proxy voting is not allowed.
E. Voting will be for seven Representative Assembly seats, as follows: Vice-President, Treasurer, Organization/Non-Profit Representative, Residential Area B, Residential
Area D, Business Area 1, Business Area 3.
F. The qualifications for Representative Assembly members are as follows:
1. All candidates must be stakeholders aged 18 or above on the day of the election.
2. Candidates for Residential Area Representative must live within the residential area they seek to represent.
3. Candidates for Business Area Representative must work within the business area they seek to represent.
4. Candidates must run for only one Representative Assembly position.
VI. TERMS OF OFFICE
A. Representatives serve for staggered two-year terms. The offices up for election in May, 2006 are listed below:
Vice President
Treasurer
Organization / Non-Profit Representative
Residential Area B
Residential Area D
Business Area 1
Business Area 3
B. The election cycle will be determined pursuant to Article 19-J-5 of the certified bylaws. This is a two-year term, or until their successors are seated, or until they resign or otherwise leave office.
VII. TIME LINE
EVENT
DATE
Candidate filing begins
Wednesday, March 15
First mass distribution
Wednesday, March 22
1 st candidate information session at the Iman Center
Wednesday, April 5
2 nd candidate information session at Culver Palms Church of Christ
Wednesday, April 19
Candidate filing deadline
Tuesday, April 18
Deadline to request Vote-by-Mail (VBM) ballot
Saturday, April 22
Candidate disqualification notices sent out
Wednesday, April 26
Decision deadline for reconsideration of disqualified candidates
Monday, May 1
Final mass distribution
Saturday, May 6
VBM ballots sent to stakeholders that request one
Saturday, May 6
Election candidates forum
Thursday, May 11
VBM ballots due by mail (delivered, not postmarked)
Saturday, May 20 at 5:00 pm
Write-in candidate filing deadline
Sunday, May 21 at 11 am
VBM ballots due at poling place (delivered by stakeholder)
Sunday, May 21 from noon to 5 pm
Election day
Sunday, May 21 from noon to 5 pm
Indep. Elec. Admin. (IEA) deadline to issue preliminary results
Monday, May 22 at 5 pm
IEA deadline to issue Final Official Certified Canvass
Sunday, May 28 at 5 pm
Election challenge deadline
Friday, June 2 at 5 pm
Challenge resolution deadline
Sunday, July 2 at 5 pm
Challenge extension #1
Tuesday, August 1 at 5 pm
Challenge extension #2
Tuesday, August 31 at 5 pm
VIII. ELECTIONS COMMITTEE (EC)
A. The Elections Committee (EC) consists of volunteers from the Palms Neighborhood Council community. EC members who are candidates for the Representative Assembly must not participate in any way in the handling or counting of ballots, voter or candidate registration or verification, or assisting voters engaged in the act of voting, in translating the voting material or in explaining the voting process. The Chair may appoint new members and receive resignations from members of the NEC.
For more information or to contact the Nominations & Election Committee:
Palms Neighborhood Council Elections Voice Mail number: 1 (866) 586-1655
Terry Robinson, Chair, HYPERLINK "mailto:robintevg@yahoo.com" robintevg@yahoo.com
Richard Leib, Committee Member, hotshock@sbcglobal.net
Rod Rodriguez, Committee Member
B. Responsibilities:
The NEC is responsible for working with the Independent Election Administrator (IEA) and the Department of Neighborhood Empowerment (DONE) to oversee and implement all activities related to the elections, including, but not limited to:
1. Finalizing the election procedures for approval by the Palms Neighborhood Council Representative Assembly.
2. Preparing and distributing all official election announcements and candidate information.
3. Recruiting and nominating candidates for office.
4. Overseeing notification and outreach of the Election to the community.
5. Preparing official election materials.
6. Implementing a printed-ballot election.
7. Following up with all entities upon the conclusion of the election.
C. Candidate recruitment
1. The Elections Committee will attempt to identify at least one candidate for each Representative Assembly position.
2. The committee will oversee the distribution of election information to areas that represent the community’s diverse stakeholders.
IX. INDEPENDENT ELECTION ADMINISTRATOR (IEA)
A. Identification
Jerry Kvasnicka will be the Independent Election Administrator (IEA), who will maintain the ultimate authority and responsibility for the administration of the election.
Contact information: Jerry Kvasnicka, P.O. Box 41048, Los Angeles, CA 90041. Phone: 323-256-6330 or cell 818-269-7759. Email: jkvas@earthlink.net
B. Responsibilities:
The Independent Election Administrator is responsible for:
1. Reviewing and providing input on the Neighborhood Council’s draft Election Procedures.
2. Processing of candidates, including verification of eligibility and conducting or supervising the candidate forums.
3. Processing of voters, including pre-registration and verification of eligibility as applicable.
4. Overseeing and approving the preparation of the ballot to be used in the election.
5. Distributing and receiving ballots from the voters.
6. Verifying any provisional ballots.
7. Counting and recounting the ballots.
8. Issuing the election results.
9. Securing and submitting all election materials for records retention in accordance with the Bylaws and these Election Procedures.
C. Disposition of Election Records
1. The Independent Election Administrator will retain all election materials, including ballots, voter rosters, candidate filing documents, voter registration forms, etc. until the period for requesting a recount or filing a challenge has passed, or if a recount request or an election challenge is filed, until those processes are concluded.
2. In the case of an election challenge, the Independent Election Administrator will make the election materials available to the Final Decision Maker upon request.
3. At the conclusion of a recount and election challenge resolution period, the Independent Election Administrator will turn all election materials over to the Neighborhood Council. The Neighborhood Council will then retain the election materials for a period of six (6) months, after which they will be destroyed.
4. If the ballot design and the voter registration allows for a ballot to be tracked to an individual voter, then the Independent Election Administrator will delete the tracking information from the actual ballots before handing over the election materials to the Neighborhood Council.
D. Postponement of the Election
1. If the Independent Election Administrator determines that circumstances have arisen that seriously jeopardize his or her ability to conduct an election in conformance with the approved Neighborhood Council Election Procedures, then the Independent Election Administrator, has the authority to postpone the election until corrective action can be taken. In such a case, the following actions will be taken:
a. The Independent Election Administrator will immediately notify the Neighborhood Council and DONE of his or her decision to postpone the election, and will provide the basis for that decision, including the actions that must be taken in order to reschedule and conduct the election.
b. The Election Committee, DONE and the Independent Election Administrator will jointly develop and take actions to inform the stakeholders of the postponement of the election.
c. As soon as possible, DONE will schedule a meeting before the BONC at which time the Independent Election Administrator will report on the postponement, the basis for the postponement decision and the establishment of a new election date.
E. Canvass of Votes, Issuance of Results and Ratification of the Election
The Independent Election Administrator will be responsible for:
1. Tabulating the ballots and announcing the unofficial results on election day, or as soon thereafter as possible.
2. Completing the Final Official Certified Canvass, including all ballots cast and any provisional ballots.
3. Identifying the location, date(s), and time that the Final Official Certified Canvass of ballots will be announced.
4. Ensuring that the activities associated with the Final Official Certified Canvass are open to the public for observation, provided that the observers must not interfere with or attempt to influence the vote tabulation in any way.
5. Resolving tie votes with a flip of a coin.
6. Submitting a Final Election Reconciliation Report and Official Certified Canvass, to the Nominations & Election Committee and DONE immediately upon completion.
X. FINAL DECISION-MAKER
Provide that from a pool of Final Decision Makers which is composed of stakeholder representatives from the Neighborhood Councils, DONE shall, on a rotational basis, select a minimum of three (3) of the members from the arbitration pool to act as the Final Deci-sion Makers and conduct the specific election challenge review and issue final findings. The members selected cannot have participated in the conduct of the election in any way nor have any vested interest in the outcome of the election. It will be the responsibility of each Neighborhood Council to select one or more of its stakeholder members to be submitted to the pool of Final Decision Makers. The selected stakeholders do not need to be governing board members of the Neighborhood Councils.
i. Upon DONE’s selection, DONE will immediately submit the election challenge to the
Final Decision Makers which will conduct the review and issue final findings with
respect to an election challenge.
ii. Provide that DONE will maintain and update, as necessary, a file of the members of
the Final Decision Makers’ pool. Both the file of the pool members and the assignment
of election challenges to the Final Decision Makers will be a matter of public record.
iii. Provide that DONE may, with the concurrence of the Neighborhood Council, engage
the services of another person(s) or organization to as the Final Decision Maker if a
Final Decision Maker cannot be obtained from the pool of Neighborhood Council
The backup Final Decision Makers elected cannot have
participated in the conduct of the election in any way nor have any vested interest in
the outcome of the election challenge. A list of the persons or organizations pre-
qualified to act as a back-up Final Decision Makers will be published b DONE on it
web site and/or through other appropriate methods.
iv. Require that to serve as the Final Decision Makers, the person(s) or organization
selected must have attended a training program conducted by DONE.
B. The Final Decision Maker is responsible for administrating the resolution of challenges to the election, and if necessary, recounting votes and verifying election results.
C. Contact information: DONE Election Challenge – Palms Neighborhood Council, 334-B East 2nd Street, Los Angeles, 90012.
XI. STAKEHOLDER REGISTRATION AND VOTING
A. Stakeholders aged 16 or above on the day of the election are eligible to vote.
B. Stakeholders must register before the closing of the polls on election day, May 21, to participate.
C. Voters will verify their stakeholder status through written self-affirmation by signing the Stakeholder Registration form under penalty of perjury. No identification will be required.
D. Stakeholders will be allowed two opportunities to cast a ballot in the election. If a voter’s original ballot is mismarked or otherwise soiled prior to the ballot being cast, the voter may turn in his/her ballot and request another ballot. Once the second ballot has been issued, no additional ballots will be issued to that voter during the election.
E. Verification of Voting Eligibility and Provisional Ballots
1. In order to equalize the treatment of vote-by-mail and at-polls ballots and because the registration process is of the self-affirmation type, challenges to the eligibility of any voter may be:
a. Made only by the Independent Election Administrator. (A challenge may not be instigated by any other person.)
b. Based only upon irregularities on the Voter Registration Form.
2. The only acceptable basis for challenging a voter’s right to vote is that the person is not eligible to vote under the Bylaws or these procedures.
3. A challenged voter may correct or otherwise amend the information on the Voter Registration Form to satisfy the challenge by the Independent Election Administrator, whose decision in favor of the voter is required before a regular ballot can be issued.
4. If the decision of the Independent Election Administrator is not favorable to the prospective voter, a provisional ballot will be issued and the voter may appeal to the Final Decision-Maker.
5. The Provisional Ballot will be the same as a regular ballot, except that before it is placed in the ballot box it will be put inside an envelope, on the outside of which the voter will provide his or her (a) name, (b) address, (c) stakeholder status and (d) telephone number or e-mail address.
6. When a voter casts a Provisional Ballot, the voter will be issued instructions that explain what steps the voter must take to qualify the Provisional Ballot including documentation required to be submitted, where the documentation is to be submitted, and a contact number to request assistance or seek additional information. The deadline for submission of acceptable documentation shall be three (3) days after the election, Friday, May 24th by 5:00 p.m.
F. Instant Runoff Voting
1. In instant run-off voting, voters rank candidates in order of choice. They mark 1 for their first choice, 2 for their second choice, 3 for their third choice and so on. They may make as many numbered choices as there are nominations on the printed ballot for a given office, but write-in votes are limited to two for each Assembly position.
2. The ballots are counted and only the first-choice votes are recorded.
3. If anyone receives a majority of the first-choice votes, that candidate is elected. If not, the last-place candidate is defeated, and a line or an X is drawn through the name of the last-place candidate. All ballots are counted again, but this time each ballot cast for the defeated candidate counts for the next choice candidate listed on that particular ballot.
4. The process of eliminating the last-place candidate and recounting ballots continues until one candidate receives a majority of the votes. A tie vote is settled by the flip of a coin.
5. There will be two blank lines under each office for write-ins.
XII. VOTE-BY-MAIL
A. All stakeholders are eligible to Vote-By-Mail (VBM).
B. To vote by mail, stakeholders must obtain and submit a Vote-By-Mail application. The Vote-By-Mail application is available from the IEA or the neighborhood council. The VBM application will also be available on the election notice mailing and at neighborhood council meetings. VBM deadlines are listed in Section VII. Time Line.
C. Voter eligibility documentation requirements requested of Vote-By-Mail voters must be equal to those requested of At Polls voters.
D. The Independent Election Administrator is designated as the entity that will process the Vote-By-Mail applications and ballots. By mutual agreement with the Neighborhood Council and DONE, the Independent Election Administrator may utilize the DONE offices as the designated mailing or delivery address for Vote-By-Mail applications and ballots.
E. The Independent Election Administrator will oversee and approve the preparation and distribution of a Vote-By-Mail application which contains spaces for the following information:
1. The name and residence address, or business or organization affiliation address of the stakeholder.
2. The name and address to which the ballot is to be mailed, if different than the residence or business or organization affiliation address.
3. The stakeholder/voter’s signature.
4. The stakeholder status of the voter.
5. The name and date of the election for which the application is being submitted (to be pre-printed on the application).
6. The date on or before which the application must be received (to be pre-printed on the application).
7. The address where the application is to be mailed or delivered (to be pre-printed on the application).
The IEA, upon receipt of a completed request for Vote-By-Mail ballot on or before the
submission deadline, will oversee the issuance of a Vote-By-Mail ballot package
containing the following items/information:
The official Vote-By-Mail ballot
Instructions on how to complete the Vote-By-Mail
Instructions on where and by when to mail or deliver the completed Vote-By-Mail ballot.
A return envelope addressed to the IEA with a space for the stakeholder’s signature
Attesting,
”I hereby declare under penalty of perjury that I am a stakeholder in the Palms NC and I herein enclose my ballot in compliance with the Neighborhood council Election Procedures.” (Unsigned envelopes will not be counted.)
Vote-By-Mail ballots may be mailed to the IEA at P.O. Box 41048, Los Angeles, CA
90041. In lieu of Voting by Mail, a stakeholder my hand-deliver the ballot to the
polling place on Election Day.
10. All completed Vote-By-Mail ballots must be received in the mail by 5:00 p.m. on
Saturday, May 20, 2006, or hand delivered to the polling place by 5:00 p.m. on
Election Day.
11. A list of all stakeholders issued a Vote-By-Mail ballot and those returning a completed
Vote-by-Mail ballot shall be prepared by the IEA and provided to the Election Com-
mittee on the polling day for use in the voter sign-in-process.
XIII. POLLING PLACE OPERATIONS
A. The election site must:
Be large enough to accommodate the voter sign-in process, the actual voting and the counting of ballots, have sufficient parking, be convenient for those utilizing public transportation and be accessible for the disabled. (If not, procedures must be in place to accommodate disabled voters.)
B. Copies of the Bylaws and the Election Procedures will be publicly available at the polling site for stakeholder review.
C. Campaigning or electioneering will not be allowed within 100 feet of the building on election day. The 100-foot limit will be marked by signs in all directions. Photographing, videotaping or otherwise recording a voter entering or leaving a polling place is not allowed. Nobody may speak to a voter within 100 feet of a polling place with the intent to solicit a vote, to raise the subject of marking the voter's ballot or to place signs that speak to a voter's qualifications or lack of qualifications.
D. The Independent Election Administrator will announce in a clearly audible voice in front of the polling site at noon that the polls are open.
E. The Independent Election Administrator will announce in a clearly audible voice in front of the polling site at 4:50 p.m. that the polls will close in ten minutes.
F. Any people in line outside of the poll at the time of the closing will be allowed to vote.
G. Observers will be allowed inside the polling site throughout the election, provided that they do not attempt to interfere with or influence the activities of the polling place workers or the voters.
H. Only the Independent Election Administrator or his assistants will be allowed to issue, receive or process ballots from the voter.
I. An interpreter [or written information in Spanish] will be available to assist voters who require assistance in Spanish.
J. Voters may designate another person to assist them in the voting process. The person providing the assistance cannot be a candidate in the election.
XIV. CANDIDACY
A. Candidate Filing Forms and other Election information may be obtained from any member of the Election Committee or downloaded from the Council website at www.palms-california.us.
B. At the time of filing to run in the election, a candidate must be a stakeholder eligible for the specific office for which he or she is filing.
C. Stakeholders may run for only one position.
D. All Stakeholders who wish to run for a position on the Representative Assembly must complete a Candidate Filing Form (Candidate Filing Form) beginning March 15 and must thereafter comply with the following requirements:
E. Candidates must submit the signatures of fifteen Stakeholders to become nominees.
F. For candidates to be printed on the ballot, the deadline for submitting a Candidate Filing Form to the IEA is 9 p.m. on Tuesday, April 18, 2006.
G. For write-in candidates, the deadline for submitting a Candidate Filing Form to the IEA is 11 am on Sunday, May 21, 2006.
H. Candidates must provide to the IEA an official photo identification card issued by a government agency and one other kind of identification, including but not limited to:
Student ID card
AARP card
Medical or Medicare card
Culver-Palms YMCA card
Postmarked mail
Utility bill
Printed checks with an address within the PNC boundaries
Church bulletin or newsletter or a nonprofit organization with the person’s name appearing therein or as an addressee
Membership card for group or organization as defined Under Section IV, above (taken directly from the bylaws)
Letter with a signature from the director of a community organization
Other photo identification
1. Photo identification will not be the only means by which a stakeholder can verify status as a candidate.
2. No candidate will be required to submit more or greater documentation than a photo ID and one of the items listed above.
3. Only the IEA has the authority to determine if other documents presented for candidacy are acceptable. Photocopied materials will be evaluated and accepted by the IEA only. All verification documents will be returned to the stakeholder immediately.
I. The Candidate Filing Form serves as a written acceptance of a Stakeholder’s desire to run for a position in the Representative Assembly.
J. Candidate Filing Forms must be completed and submitted to the Independent Election Administrator for verification, as follows:
Jerry Kvasnicka, P.O. Box 41048, Los Angeles, CA 90041.
K. Attendance at a Candidate Information Session is advised but not mandatory.
L. Attendance at the Candidates’ Forum is advised but not mandatory.
M. If the Independent Election Administrator rejects a Candidate Filing Form, the candidate may request that the Final Decision-Maker review the Candidate Filing Form under the provisions of the Election Challenge section.
N. The Final Decision-Maker will issue a final determination as to whether the candidate will be allowed to run for office.
O. An updated list of eligible candidates will be posted throughout the filing period on the official website and will be announced at PNC meetings
P. None of the candidates for the Representative Assembly may participate in any way in the handling or counting of ballots, voter or candidate registration or verification, or in assisting voters engaged in the act of voting, in translating the voting material or in explaining the voting process.
• Candidate Information:
1. After submitting a Candidate Filing Form, candidates will receive the following information about the Palms Neighborhood Council:
• Bylaws
• Map of boundaries
• Election Procedures
• Election timeline
2. The Nominations and Election Committee will have copies of all the above mentioned information in a binder to be made available at all meetings for any potential candidate to read, prior to completing a Candidate Filing Form.
• Disqualification:
1. Candidates who do not meet eligibility requirements (as indicated above) by the final deadline will not be considered candidates in the election.
2. Disqualified candidates will be notified by the IEA in a letter within six business days after the close of the nomination period. Notification will include the specific reason why the candidate has been disqualified.
P. Campaigning:
Campaigning and electioneering will not be allowed within 100 feet of the building on election day. The 100-foot limit will be marked by signs in all directions.
Q. Candidate Statements:
1. Candidates will be given an 8.5” x 11” sheet of white paper to write a one-sided statement that lists their attributes and explains to other Stakeholders their reasons for wishing to serve as a Representative Assembly member. Candidate statements are due to the IEA or a designated member of the NEC by 11:00 am on election day.
2. All submitted statements will be available for Stakeholders to view on the day of the scheduled Election.
3. Use of candidates’ photographs in official publications and on the official Web site is not allowed. Candidates’ statements are exempt.
4. Translation is the responsibility of the candidate.
R. Candidate Information Sessions:
1. The Nominations and Election Committee will oversee the Candidate Information Sessions, in which candidates will receive orientations on the Election Guidelines, their roles as candidates, and the responsibilities of Representative Assembly members.
These Candidate Information Sessions are scheduled for:
Candidate Information Session No. 1
Date: Wednesday, April 5, 2006
Time: 7:15 p.m.
Location: IMAN Cultural Center, 3376 Motor Ave., Palms CA 90034
Candidate Information Session No. 2
Date: Wednesday, April 19, 2006
Time: 7:15 p.m.
Location: Culver Palms Church Of Christ, 9733 Venice Blvd., Palms CA 90034
2. It is advised but not mandatory that candidates attend one of the Candidate Information Sessions.
S. Candidates’ Forum:
1. The Independent Election Administrator will facilitate the Candidates’ Forum, where candidates will be given the opportunity to address Stakeholders. During a 90-minute period, each candidate will be provided an equal amount of speaking time in which to state their name, Stakeholder status, their qualifications, reason(s) for running, and any other information they feel may be pertinent to reveal to Stakeholders about themselves. At the close of the Election Forum, candidates will have the opportunity to mingle informally with Stakeholders.
The Candidates’ Forum is scheduled for Thursday, May 11, 2006 from 7:00 p.m. to
9:00 p.m. at Palms Elementary School, 3520 Motor Ave., Palms CA 90034.
2. It is advised but not mandatory that candidates or a representative attend the Election Forum.
T. Campaign Tactics:
1. Candidates may not use the neighborhood council logo or city seal on any campaign materials or official candidate statement they produce or on the Official Candidate Statement. Those violating this requirement will be asked to remove the logo and/or seal.
2. There will be no campaigning within 100 feet of the building on election day. Persons violating this requirement will be asked to leave the area after the first offense. If the behavior persists, the candidate’s eligibility may be challenged by any stakeholder. These challenges will be submitted to the Independent Election Administrator for resolution.
3. There can be no posted candidate signage (for example flyers) within 100 feet of the building on the day of the Election. Signage posted in violation of this requirement will be removed.
4. No audio equipment may be used by the candidate or their representatives to project candidate information over a loudspeaker in or within 1,000 feet of the polling location on election day. People violating this requirement will be asked to leave the polling area.
5. Other than casting a personal vote, no candidate or Stakeholder may loiter within 100 feet of the building. People violating this requirement will be asked to leave the polling area and may be disqualified as candidates.
XV. TRANSLATION
Official election materials will be translated into Spanish. Candidates are responsible for translating their own candidate statements.
XVI. PUBLIC OUTREACH AND NOTICE OF ELECTION
To be fair and inclusive, efforts will be made to inform as many stakeholders as possible about the election proceedings and the opportunity to participate, via the following methods:
A. Notices of pertinent election information will be placed at each of the designated posting locations at least four days before the Election:
1. Charnock Road Elementary School, 11133 Charnock Rd.
2. IMAN Cultural Center, 3376 Motor Ave.
3. Overland Cafe, 3601 Overland Ave.
4. Palms Elementary School, 3520 Motor Ave.
5. Palms Neighborhood Council Web site, www.palms-california.us
6. St. Mary Episcopal Church, 3647 Watseka Ave.
B. Two mass distributions, paid through DONE, will attempt to reach as many addresses as possible within the boundary area. The first distribution will be a call for candidates and the announcement of the election date. The final distribution will be a reminder notice of the election date.
C. Targeted Outreach:
Based on demographics, specific outreach will be directed at stakeholder groups that have a high percentage rate within the PNC boundaries. The Election Committee will be responsible for outreach to these groups.
XVII. VACANCIES
Any vacancies left by this election will be filled in accordance with the Bylaws.
XVIII. CHALLENGES
A. Contesting the Election:
Any stakeholder who submits the same stakeholder documentation required of the voters in the election may file a challenge to the conduct of the election no later than five days after the completion of the final official certified canvass by the Independent Election Administrator. A written request must be filed with the Final Decision-Maker that:
Identifies the basis for the challenge to the election.
Identifies those issuing the challenge.
Provides contact information for those issuing the challenge.
Send all election challenges to:
DONE, Election Challenge-Palms Neighborhood Council, 334-B East 2nd Street, Los Angeles, CA 90012
B. The Final Decision-Makers will complete the review and issue the final findings to DONE within 30 days of receipt of the election challenge. If circumstances arise such that the review and issuance of findings cannot be completed in 30 days, the Decision-Maker may utilize up to a maximum of two additional 15-day review periods. The Decision-Maker will submit a notice to DONE identifying the reasons for the delay prior to initiating each review period extension.
C. The findings of the Decision-Maker will be final and binding on the Neighborhood Council.
D. Immediately upon receipt of the findings of the Final Decision Makers, DONE will work with the Neighborhood Council to begin implementing the findings, as necessary, of the Final Decision Makers.
XIX. SEATING OF REPRESENTATIVE ASSEMBLY MEMBERS
A. All newly elected Representative Assembly members will be seated in accordance with the Bylaws and Election Procedures pending the final results of a recount or an election challenge.
B. Assembly seats not filled through the election process will be deemed vacant when the new Assembly takes office. Vacancies will be filled according to the Bylaws.
C. Within seven business days of the announcement of final election results, the NEC must submit the names, stakeholder affiliation, Assembly seat, public contact information, and private contact information (if available) for each newly elected Assembly member. All information must be submitted on the form prescribed by DONE.
XX. ANNOUNCEMENT OF RESULTS
The election results will be posted and candidates notified by the NEC within five calendar days after the challenge filing period, but for all challenged voting, they will be posted and candidates notified after challenges are resolved by the Final Decision Maker.
XXI. CERTIFICATION OF ELECTION
The Department will certify the election as valid five calendar days after the election if no written challenges are received or upon the resolution by the Final Decision-Maker of any challenges. DEFINITIONS
• “Absent Voter” means any voter casting a ballot in any way other than at the polling place.
• “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, including, but not limited to, alleged incidences of voting fraud or improper candidate activity, and that the results of the election should be set aside or overturned.
• “Department of Neighborhood Empowerment (DONE or Department)” 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 Representative Assembly members, arranging Congress of Neighborhoods meetings as requested by neighborhood councils, arranging for the provision of training to neighborhood councils, assisting neighborhood councils in operational and logistical areas, and other duties as provided by ordinance.
• “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 that 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.
• “Election Procedures” mean the written procedures and methods adopted by a Neighborhood Council, consistent with their Bylaws and approved by the Department of Neighborhood Empowerment, that are used to conduct the Neighborhood Council’s Representative Assembly member elections.
• “Human Relations Commission of the City of Los Angeles” means the City Department and associated Staff members known by this name and operating within the authority granted by the Los Angeles City Charter, DONE and these election procedures.
• “Independent Election Administrator” (IEA) means the person(s) or organization responsible for conducting the actual election. The Independent Election Administrator should be independent from the outcome of the election and will have no vested interest in the outcome of the 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.
• “Neighborhood Council” taken in the singular and capitalized, refers to that one Neighborhood Council involved in the activity being described. The term “neighborhood councils”, plural not capitalized, is used when the activities being described are general to all neighborhood councils.
• “Person” means an individual human being.
• “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.
• “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.
• “Stakeholder” means a person who, pursuant to the Neighborhood Council’s Bylaws, is eligible to be a candidate and/or vote in the Neighborhood Council’s Representative Assembly election. At a minimum, a stakeholder is anyone who lives, works or owns property within the Neighborhood Council boundaries.
• “Third Party Arbitrator” or “Final Decision-Maker” 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 will not be the Independent Election Administrator and should be independent from the outcome of the election and will have no vested interest in the outcome of the election. The process utilized by this entity will be administrative in nature and in accordance with these procedures. A formal hearing or “arbitration” is not required.
• “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 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.
APPENDICES
Appendix A: Business Area Map
Appendix B: Residential Area Map
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