Subject
title
Work Session on City Election Reform
end
Department
City Clerk/Director of Council Operations Office
Recommendation
Staff recommends that the Mayor and Council have a facilitated discussion with the election consultant, Gant Group, and provide input on the following:
1. Are there aspects of City of Rockville elections that should be subject to reform (e.g., the financing of campaigns, campaigning practices, enforcement of election code violations, etc.)
2. What should the role of the Board of Supervisors of Elections and City staff be in the administration of the City of Rockville elections?
3. Should the subject of any of the 2023 advisory referenda be incorporated into the election code?
4. Are there other topics of interest to the Mayor and Council regarding the city elections?
Discussion
The City’s election and matters related to the City’s election are governed by Articles II <https://library.municode.com/md/rockville/codes/code_of_ordinances?nodeId=CH_ARTIIMACO_S1NUSETEQUPA> and III <https://library.municode.com/md/rockville/codes/code_of_ordinances?nodeId=CH_ARTIIIRENOEL_S2BOSUELMEDU> of the City Charter and Chapter 8 <https://library.municode.com/md/rockville/codes/code_of_ordinances?nodeId=CICO_CH8EL> of the City Code. Over the years, the Mayor and Council have had discussions on matters related to the city election and/or election code reform in some capacity. This section provides pertinent contextual information for understanding the impetus for the work session.
Background
Charter Review Commissions
On April 30, 2012, the Mayor and Council adopted Resolution No. 6-12 <https://www.rockvillemd.gov/DocumentCenter/View/734/Resolution-No-06-12> that established a Charter Review Commission to review and make recommendations to the Mayor and Council on certain provisions related to elections contained in the Charter. The Commission, among other things, was tasked with:
1. Reviewing and evaluating Article II, Section 1(a) <https://library.municode.com/md/rockville/codes/code_of_ordinances?nodeId=CH_ARTIIMACO_S1NUSETEQUPA>, and Article III, Section 4 <https://library.municode.com/md/rockville/codes/code_of_ordinances?nodeId=CH_ARTIIIRENOEL_S4ELMACO>, of the City Charter regarding the following issues:
a. The length of the elected terms of the Mayor and Council;
b. The number of members of the City Council; and
c. The schedule by which elections for the Mayor and Council are held.
2. Reviewing and evaluating any additional provisions of the City Charter and Rockville City Code related to the topics mentioned above that the Commission believed were appropriate.
In December 2012, the Commission delivered a report <https://www.rockvillemd.gov/DocumentCenter/View/4116/2012-_FINAL_CHARTER_REVIEW_COMMISSION_REPORT_12_19_12?bidId=> to the Mayor and Council. The 2012 Commission recommended, in part, a) the Mayor and Council's terms of office be extended from two years to four years, (b) the City Council size increase from four members to six members, and (c) the City elections be held every four years to coincide with the Federal Presidential Elections. While the Commission reviewed numerous other sections of the Charter, no recommendations for change were made. The Commission also identified potential enhancements that could improve voter participation in the City’s election process. These include expansion of early voting, voting by mail, weekend voting, and online registration, among others.
On January 14, 2013, the 2012 Commission formally presented its report to the Mayor and Council. Following the discussion, the governing body directed staff to bring forth “advisory referendum questions from the Commission’s recommendations.
On November 2, 2020, the Mayor and Council adopted Resolution No. 9-20 <https://www.rockvillemd.gov/DocumentCenter/View/43015/09-20-Res-Scope-of-Review-Charter-Review> that established the scope of review, topics, and subject matter for the Charter Review Commission that was established by Resolution No. 1A-20. The 2020 Commission, among other things, was tasked to review and make recommendations on the following election-related topics: Expanding the size of the council; Term limits of the Mayor and Council; Staggered terms of council members; Representative districts and the boundaries for Districts; The addition of a “resign to run” provision; The process for filling a vacancy in the office of mayor and a vacancy in the office of councilmember; Alternative voting systems; Translation of election information in various languages; Alternative methods to advertising the elections; Increasing the number of members of the Board of Supervisors of Elections; Lengthening the terms for the members of the Board of Supervisors of Elections; The appointment process for the members of the Board of Supervisors of Elections; The required duties of the Board of Supervisors of Elections include meeting with the Mayor and Council and participating in meetings with the Mayor and Council, and timely responding to information requests; Any additional provisions on topics raised during the vote-by-mail election, for example, ballot harvesting; Provisions that may increase voter turnout; Provisions in the election code for internal consistency with the Charter and vice versa.
On September 30, 2022, the Commission issued its report and delivered it to the Mayor and Council on December 12, 2022. In its transmittal letter to the Mayor and Council, the 2020 Commission stated that they did not have sufficient time to consider and provide recommendations on the additional topics in part B of Resolution No. 9-20. Below were the 2020 Commission’s recommendations on each of the topics.
i. Expanding the size of the council - recommended the number of seats on the Mayor and Council to increase from five to seven. One seat for Mayor and six seats for City Council.
ii. Term limits of the Mayor and Council - recommended limiting consecutive terms of those serving in the office of Mayor and City Council. They further recommended that no later than the 2027 election, three consecutive four-year terms of the Mayor and Council become law.
iii. Staggered terms of council members - recommended against the staggering of councilmember elections.
iv. Representative districts and the boundaries for Districts - recommended creating districts.
v. The addition of a “resign to run” provision - the commission was unable to make a recommendation on this issue, as there was a concern whether the City has legal authority to impose such a provision.
vi. The process for filling a vacancy in the office of mayor and a vacancy in the office of councilmember - recommended that the Mayor and Council create a precise, open, transparent, and definitive administrative process for the election of a Councilmember when a vacancy occurs after the twenty fourth (24th) month of a term.
vii. Alternative voting systems -
o Ranked Choice Voting: recommended that the city explore Ranked Choice Voting (RCV) and, if deemed appropriate, implement.
o “None of the above” Option on Municipal Ballots: recommended that the city implement a “None of the above” (NOTA) ballot option.
viii. Translation of election information in various languages - recommended that the City translate election information into the most frequently spoken languages among Limited English Proficient (LEP) communities.
ix. Alternative methods to advertising the elections - recommended that the City maintain the current language of Article III, § 2(d) of the City Charter regarding the timing and methods of providing legal notice of upcoming elections.
x. Increasing the number of members of the Board of Supervisors of Elections - recommended increasing the size of the Board of Supervisors of Elections to seven (7) members.
xi. Lengthening the terms for the members of the Board of Supervisors of Elections - recommended retaining the terms of members of the Board of Supervisors of Elections to be four years.
xii. The appointment process for the members of the Board of Supervisors of Elections - recommended modifying the Charter so that all members of the Board of Supervisors of Elections, whether newly appointed, reappointed to a subsequent term, or appointed to fill a vacancy, are appointed by the Council.
xiii. The required duties of the Board of Supervisors of Elections include meeting with the Mayor and Council and participating in meetings with the Mayor and Council, and timely responding to information requests - recommended maintaining the current state of affairs, in which neither the Charter nor the City Code specifically obligates the Board of Supervisors of Elections to meet with the Mayor and Council or to provide the Mayor and Council with requested information.
xiv. Any additional provisions on topics raised during the vote-by-mail election, for example, ballot harvesting.
o Increasing the Number of Ballot Drop-Off Boxes: recommended that the City of Rockville increase the number of ballot drop-off boxes from the current one (1) to two (2) for the 2023 election with the goal of having a drop-off box at every city recreational facility by 2034, if not sooner.
o Implement a multi-dwelling building outreach plan to guarantee election mail and materials reach residents: recommended that the Board of Supervisors of Elections draft and implement a multi-dwelling building outreach strategy, in consultation with affected residents and building management, to guarantee election mail and materials reach residents.
o Implement provisions to ensure the safety and wellbeing of voters who are survivors of intimate partner violence, the target of stalking and harassment, witnesses to felony offenses and/or the immediate family member of an individual eligible for address confidentiality, and unhoused people: recommended the City of Rockville implement a strategy to ensure the safety and wellbeing of voters who are survivors of intimate partner violence, the target of stalking and harassment, people who are unhoused, witnesses to felony offenses, and/or the immediate family member(s) of an individual eligible for address confidentiality.
xv. Provisions that may increase voter turnout.
o Moving the Election to Coincide with State or Federal Elections: recommended that the City of Rockville explore changing the scheduling of the Rockville City Elections to coincide with the Presidential or State Gubernatorial Elections.
o Expand the Voter Franchise Without Regard to Citizenship: recommended that the City of Rockville amend Article III § 1 of the City Charter to define the term “Qualified Voter shall mean any person who has been a resident of the City of Rockville for six (6) months preceding a municipal election, without regard to citizenship, and is at least sixteen (16) years of age.”
o Expand the Voter Franchise by Lowering the Voting Age to People who are 16 and 17 Years Old: recommended that the City expand the voter franchise by lowering the voting age to 16 years old
xvi. Provisions in the election code for internal consistency with the Charter and vice versa - recommended that the Mayor and Council address discrepancies in election policy between City Ordinances and the Charter, and incorporate plain language.
On February 27, 2023, the Mayor and Council had a follow-up discussion with the 2020 Charter Review Commission on their recommendations.
Board of Supervisors of Elections (BSE)
Pursuant to the City Charter <https://library.municode.com/md/rockville/codes/code_of_ordinances?nodeId=CH_ARTIIIRENOEL_S2BOSUELMEDU>, the Board of Supervisors of Elections (BSE) is appointed by the Council. The BSE administers and supervises city elections in accordance with Article III and Chapter 8 of the City Code. The BSE, as part of its duties, may make recommendations to the governing body on ways to enhance voter participation.
BSE Report to Mayor and Council
On October 24, 2022, the BSE delivered a report <https://www.rockvillemd.gov/AgendaCenter/ViewFile/Agenda/_10242022-6728> to the Mayor and Council, where the board shared with the body its accomplishments for fiscal years 2021 and 2022 and goals for 2023. Included in its accomplishments were recommendations to the Mayor and Council to make two changes to the City Charter and several changes to Chapter 8 of the City Code. The changes include:
1) Article III, Section 1 - Voters: Lowering the minimum voting age from 18 years to 16 years.
2) Article III, Section 3 - Nominations: Changing the deadline for submitting nomination petitions from 60 days prior to the election to 90 days prior to the election.
3) Section 8-1 - Definitions: Amending the definition of campaign materials to include campaign websites, email, text messages, and other electronic communications.
4) Section 8-45 - Electioneering: Adding language prohibiting electioneering within 50 feet of a ballot drop box.
5) Section 8-72 - Candidates Joining Slates: Adding language stating that slates will not be deemed continuing political committees and may receive contributions and make expenditures only during a single election cycle.
6) Section 8-74(a) - Campaign Depositories: Amending this section to state that a campaign committee may pay expenses by check, debit card, or other electronic means of payment.
7) Section 8-77(b) - Loans: Amending this section by adding language explaining that loans made by a candidate to the candidate’s own campaign committee do not require written consent but that loans made by a candidate to a slate of candidates do require written consent.
8) Section 8-78 - Contributions and Expenses: Deleting the sentence in Section 8-78(d) imposing an unconstitutional aggregate contribution limit of $2,000.
9) Section 8-81 - Election Reports: Amending to require electronic filing of all Campaign Finance Reports.
10) Section 8-101 - Prohibited Practices: Amending the language in Subsection (7) to require clear and conspicuous disclaimers on campaign literature similar to those required by federal campaign finance law.
On February 27, 2023, the Mayor and Council had a follow-up discussion with the BSE on their recommendations. The board needed direction from the governing body as it prepared for the November 2023 elections. Following the discussion, the Mayor and Council directed staff to bring forth pertinent resolutions and ordinances for consideration.
Mayor and Council Actions
Following the 2020 Charter Review and the BSE presentations, the Mayor and Council held a public hearing on January 30, 2023. The public hearing was to receive input from the public on the proposal to increase the number of councilmembers from four to six, thus expanding the Mayor and Council from five to seven members - a mayor and six councilmembers.
On February 6, 2023, the Mayor and Council considered and adopted Resolution No. 01.23 <https://library.municode.com/md/rockville/ordinances/code_of_ordinances?nodeId=1207519> that amended Articles II and III, thus increasing the number of councilmembers from four to six.
At the February 6, 2023, Mayor and Council meeting, the body held a public hearing pertaining to some of the 2020 Charter Review Commission recommendations. Specifically, the public hearing was on 1) Lowering the Voting Age from 18 to 16; 2) Permitting Noncitizens to Vote in City Elections; 3) Setting Term Limits; 4) Creating Representative Districts; 5) Creating an Administrative Process to Fill a Vacancy on the Council; 6) Changing the Election Year to Coincide with Presidential or Gubernatorial Elections; and 7) Exploring Changing the Voting Method to Ranked-Choice Voting.
On February 27, 2023, Mayor and Council had a follow-up discussion on the 2020 Charter Review Commission’s recommendations. Following the discussion, the body directed staff to bring forth a Resolution to put to cause an Advisory Referendum of the City voters to be taken on questions concerning 1) allowing 16- and 17-year-olds to vote in City elections; 2) allowing noncitizens to vote in City elections; 3) imposing term limits on members of the Mayor and Council; 4) permitting the use of ranked choice voting; and 5) creating representative districts from which councilmembers would be elected.
On June 12, 2023, the Mayor and Council considered the draft Resolution with the five draft referendum questions. Following the discussion, the body directed staff to work with a consultant, the Center for Civic Design, to refine the proposed language.
On July 17, 2023, the Mayor and Council considered the draft Resolution with the five draft questions. After discussions, the body voted to proceed with only four ballot questions: 1) allowing 16- and 17-year-olds to vote in City elections; 2) allowing noncitizens to vote in City elections; 3) imposing term limits on members of the Mayor and Council; and 4) creating representative districts from which councilmembers would be elected.
At the June 12, 2023, Mayor and Council meeting, the body considered and adopted Ordinance No. 9-23 <https://library.municode.com/md/rockville/ordinances/code_of_ordinances?nodeId=1222497> that amended Chapter 8 of the City Code entitled “Elections” so as to amend the definition of Campaign Material to include electronic communications; to require additional ballot drop boxes and specify their location; to prohibit electioneering within 50 feet of a drop box located outside; to allow campaign expenses to be paid by debit card or other electronic means; to require consent from all members of a slate for a loan to the slate; to delete the provision limiting the total contributions allowed by a contributor in any election cycle; to require electronic filing of election reports, with certain exceptions; to modify the disclaimer language requirements with certain exceptions; and to make other technical revisions.
2023 Elections
Following the November 2023 election, the Mayor and Council expanded, and new members were sworn in.
On June 10, 2024, the BSE presented its report <https://www.rockvillemd.gov/DocumentCenter/View/55710/2023-Election-Report?bidId=> on the 2023 election. The report describes the conduct and results of the election, BSE’s accomplishments in preparing and administering the election, issues that arose during the election, and enforcement actions taken, among others. In the report, BSE recommends that the City redraft “the entirety of Chapter 8 - Elections prior to the 2027 election.” BSE further states that the chapter currently includes provisions “that are unclear, inconsistent, or contradictory, and that some provisions need to be added and others deleted.” BSE proposed some changes to Chapter 8 that would need to be made if the Mayor and Council decide not to redraft Chapter 8 in its entirety.
After discussions, the Mayor and Council directed staff to schedule a work session on city elections.
Outcome of Ballot Questions
Below are the results of the 2023 ballot questions that were included as part of the 2023 elections.
Recruitment of an Election Consultant
In preparation for the city election work session, the City prepared and issued a Request for Proposals (RFP). Responses were reviewed. The Gant Group, Inc. was selected as the preferred election consultant to work with the City on the election reform project, and a contract was executed.
The Gant Group is a full-service election administration consulting firm with over 20 years of experience in all aspects of the election administration process at the state and local government across the nation. The Gant Group team includes subject matter experts in the state election policy and project management process. Gant Group was founded by Jason Gant, a former Secretary of State, in 2005 and includes former and local election directors with varying experiences.
The Gant Group met with the Director of Council Operations/City Clerk on Thursday, March 24, 2025, as part of the project kickoff and was provided information regarding the City’s election processes and procedures, and other materials. Following this initial meeting, the consultant outlined the work plan below with dates.
|
Date/time |
Actions |
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Thursday, April 24 - 3-7 pm |
Meet Staff and BSE Work Session |
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Monday, May 19 - 6:30-8 pm |
Mayor and Council Work Session |
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Thursday, June 5 - 7-9 pm |
Session 1 - Community Engagement |
|
Saturday, June 7 - 9 am-12:00 pm |
Session 2 - Community Engagement |
|
Monday, June 16 - 6:30-8 pm |
Mayor and Council Work Session |
|
Monday, July 21 - 6:30-7:30 pm |
Mayor and Council Final Report Presentation |
Mayor and Council History
This is the first work session with the election consultant on City election reform.
Boards and Commissions Review
The consultant met with the City of Rockville Board of Supervisors of Elections on April 24, 2025.
Next Steps
Following this work session, the consultant will engage the community on June 5th and June 7th. Then come back to the Mayor and Council for a second work session on June 16, 2025. The consultant anticipates presenting the final report to the Mayor and Council on July 21, 2025.