Subject
title
Worksession #2-Election Consultants Recommendations on City Election Reform-Gant Group
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 topical areas to enable the consultant to complete the final report. The topical areas include:
1. Campaign Finance
2. Public financing of local elections
3. Campaign Finance Reporting
4. Election procedure
5. Enforcement mechanism (curing violations and dispute resolution)
6. Role of the Board of Supervisors of Elections (BSE)
7. Rank Choice Voting
8. 2023 Ballot Measures
a. Voting age - Should Rockville allow 16-17-year-olds to vote in city elections?
b. Non-citizens voting - Should Rockville allow residents who are not US citizens to vote in city elections?
c. Term limits - Should Rockville limit Mayor and Councilmembers to 3 consecutive terms?
d. Representative Districts - Should some or all of the 6 council members be elected by representative districts?
Discussion
Background
On Monday, May 19, 2025, the Mayor and Council held their first work session on city election reform. The discussion was facilitated by Jason Gant, the election consultant, during which members of the body provided feedback on various aspects of the City of Rockville's elections and election code that should be subject to reform, including campaign financing, campaigning practices, and enforcement of election code violations, among other things. Following this initial discussion with the Mayor and Council, the consultant held two public engagement sessions (June 5th and June 7th) to solicit community feedback on city election reform. In addition to these events, the consultant met with members of the BSE, the City Manager, the City Clerk, and the City Attorney to solicit their thoughts on the City’s election process. Some of the feedback received from these engagement activities may be incorporated into the final report and help inform the recommendations.
Topical Areas
As the consultant works on the final report, he needs guidance on topical areas to assist him in finalizing the report. The topical areas are meant to keep the discussion succinct, thus utilizing the body’s time effectively. Within each topical area, the consultant outlines:
i. The city’s current practice and/or pertinent context as background
ii. A few best practice principles and
iii. The consultant's approach thus far
Following this, the consultant asks the policy question or questions for the Mayor and Council's consideration.
1. Campaign Finance
Background
The purpose of local government campaign finance laws is to ensure transparency, accountability, and fairness in the financing of political campaigns. The city of Rockville’s current campaign finance laws are in -Chapter 8, Article IV, Division 2 Campaign Financing <https://library.municode.com/md/rockville/codes/code_of_ordinances?nodeId=CICO_CH8EL_ARTIVFAELPR_DIV2CAFI>.
In Chapter 8 of the city code, the section discussing campaign financing, campaign practices, and remedies creates confusion, especially for new candidates. Among other things, definitions and language included in the code have not kept up with the changes in technology, communication methods, or campaign tools. These sections will also need to be updated to account for online fundraising, digital advertisements, and other modern practices.
Best practice principles
Transparency and clear guidelines are essential for any campaign finance regulatory structure. The public should easily be able to identify who funds political campaigns; how funds are spent, and how they are allocated, i.e., advertisement, events, staff salaries, etc. This creates trust in the system.
Consultant approach
Preliminary recommendations include the city redrafting the campaign finance section of Chapter 8 of the city code to make it current and succinct for all stakeholders. This includes first-time candidates who might, at times, feel overwhelmed by the regulations they need to comply with. The challenge will be making the much-needed code revisions comprehensive while simplifying them.
Policy question for consideration
Should the campaign finance section include transparent and clear guidelines?
2. Public Financing of Local Elections
Background
Public campaign finance programs provide candidates with public funds for campaign expenses - often by matching contributions raised by candidates with public funds to multiply the effect of individual contributions. Public finance programs are voluntary, and candidates who do not want to participate follow a jurisdiction’s traditional campaign finance laws.
The City of Rockville does not have a public campaign finance program. A public financing program has the potential to encourage a wider range of candidates to run for elected office, limit the power of special interest groups, and put more focus on voter engagement and policy, instead of fundraising.
The Montgomery County and Maryland's public financing system gives some context for what's worked in the region. These models have spent millions ($5.3 million in 2018 and $3.7 million in 2022, respectively) on elections, so understanding how to scale these systems for smaller cities like Rockville will be important. However, it will require careful planning to avoid confusion or administrative overload should Rockville pursue establishing a public campaign finance program.
Best practice principles
Leveraging experiences of cities like Seattle <https://www.seattle.gov/democracyvoucher> (with its voucher system) and New York <https://www.nycvotes.org/get-involved/matching-funds-program/> (with its small-donor matching) could offer models for Rockville. When designing a Rockville program, it is best to follow the State <https://elections.maryland.gov/campaign_finance/public_funding.html> law, if any, and guidelines and learn from Montgomery County <https://www.montgomerycountymd.gov/COUNCIL/public_campaign_finance.html>’s process and practices.
Consultant approach
If the Mayor and Council wish to proceed with a public campaign financing program, the preliminary recommendation is a phased approach where the Mayor and Council place an advisory question on the ballot, then study the various models, develop guidelines, and proceed with implementation. A potential tentative schedule of actions could be as outlined below:
a. 2027 - Place an advisory question on the ballot
b. 2028 - Thoroughly study the systems
c. 2029 - Draft program guidelines
d. 2030 - Implement program
e. 2031 - Program would be available to candidates
The phased approach (advisory question, study, guidelines, implementation) is practical and would be beneficial to the stakeholders. It would allow ample time to evaluate public sentiment, study various models, and carefully craft the program. Many voters and candidates might not be familiar with public financing or its benefits. A thorough education campaign will be crucial to avoid confusion.
Policy question for consideration
Does the Mayor and Council support developing a public campaign financing program for the City of Rockville?
3. Campaign Finance Reporting
Background
Currently, Rockville limits contributions to $1,000. However, reporting requirements for political action committees, other campaign committees, and independent expenditures are lacking in clear reporting guidelines. A detailed reporting structure is required, but it seems the regulations might be too burdensome for many candidates and volunteers. For contribution and reporting systems, the balance between transparency and reducing administrative burdens for candidates is crucial.
Best practice principles
Clear and simple reporting is key. Having categories for expenditures can make things more digestible for candidates and the public. Ensuring clear and precise rules and regulations to limit the need for interpretations.
Consultant approach
The preliminary recommendation is to simplify reports (e.g., grouping smaller donations). This will immediately ease the reporting burden. Similarly, categorizing expenses can provide clearer insights into how campaigns are spending their money. The idea of limiting the requirement to list contributors under $100 is possible. It could allow campaigns to focus on more significant donors while still capturing a broad base of small donors. Striking the right balance between regulation and flexibility seems challenging, especially for Political Action Committees(PACs) and independent expenditures <https://www.fec.gov/help-candidates-and-committees/candidate-taking-receipts/understanding-independent-expenditures/>. Transparency is only achieved through reporting guidelines. Large contributions, whether directly or indirectly, need more regulation. The new reporting regulations ought to include regular reviews of contribution limits to account for inflation and changes to the political landscape.
Policy question(s) for consideration
a) Should Political Action Committees (PACs) and independent expenditures be required to report additional activities?
b) How often should contribution limits be reviewed?
4. Election Procedure
Background
Rockville has extensive policies and procedures on areas of election administration, from ballot delivery to conducting a canvass to ballot collection to provisional ballots. These encompass most of the election activities.
Best practice principles
As a best practice, the city ought to develop a clear and concise election handbook. Expanding to a complete election handbook would not only help the candidates, but it would ensure continuity of elections institutional knowledge when there is staff or BSE member turnover or even a system change. The handbook should be reviewed annually based on election-related events throughout the state and the region. This ensures the handbook is always up to date after each election cycle.
Consultant approach
Preliminary recommendations include making minor modifications to the existing policies and procedures, adding new policy language in categories of Pre-Election, Election Day, and Post-Election. In addition to the above, it is important that changes to the election code not be made in the twelve months leading up to an election.
Policy question for consideration
Should a detailed Election Handbook be created that is reviewed annually and updated as necessary?
5. Enforcement Mechanism
Background
The enforcement of campaign violations has not been an issue in the city over the years until the 2023 election. The need to update the code was evident in 2023. Currently, the city code allows the Board of Supervisors of Elections (BSE) to issue municipal infraction citations when it determines that a violation of the Elections Code has occurred. Prosecution of the citation falls to the Office of the City Attorney.
In contrast to the other chapter of the City Code, which establishes clear procedures for the issuance of Notices of Violations (NOVs) and citations for municipal infractions, the Election Code provides the BSE no guidance on the evidentiary and procedural standards that the City is typically held to when it issues and prosecutes municipal infraction citations. In 2023, this lack of clarity and guidance resulted in disputes between the BSE and the Office of the City Attorney over whether certain incidents constituted violations of the City Code and whether such incidents could be successfully prosecuted in court.
Best practice principles
There are wide-ranging options for creating an election/campaign violations enforcement structure. Simplicity in structure is best. A simple procedure might be: a complaint is received and referred directly to the Office of the City Attorney for a decision. Another example is that city staff would receive the complaint, review it, investigate the violations, and then refer the offense to the Office of the City Attorney for a decision. Alternatively, city staff make recommendations to the BSE, and the BSE issues penalties.
Consultant approach
A clear system for managing election/campaign violations is desperately needed. As a preliminary recommendation, if things remain as is, the BSE should have the authority and budget to address violations of the Election Code pursuant to an administrative hearing, in lieu of asking the Office of the City Attorney to prosecute such violations in District Court.
Policy question for consideration
Should election/campaign finance violation policies and procedures be updated to include administrative hearings?
6. Role of the Board of Supervisors of Elections (BSE)
Background
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 a volunteer body whose members are appointed by the Mayor and Council. The BSE administers and supervises city elections in accordance with Article III and Chapter 8 of the City Code. The current BSE is comprised of five members appointed by the Mayor and Council for four-year staggered terms. Some of their responsibilities include overseeing registration of voters, nominations, and as well as other administrative duties. The BSE, as part of its duties, may make policy recommendations to the governing body on ways to enhance voter participation.
Best practice principles
A Board of Supervisors of Elections or Board of Elections is used at all levels of government. Depending on the state and local jurisdiction, the responsibilities of boards vary; overseeing the implementation of policies is typically a primary role, while the administration of elections is not common, as the Boards generally just approve policies. The actual administration of elections is conducted by staff.
Consultant approach
As set forth in the Charter and City Code, the BSE is critical to the overall election process and administration. The BSE’s responsibilities are set in the City Code and Charter. Currently, the BSE serves more as an administrative board and less as a policy board. The preliminary recommendation is to move the BSE into more of a policy board versus an administrative board. To achieve this, numerous changes will need to be made to the code and Charter.
The BSE should be involved during election-related policy discussion and decisions with the Mayor and Council, and be readily available during the election season, but should not be involved in the administration and conduct of the elections. The administration and conduct of elections should be the role of professional staff. BSE’s role and duties seem to be limited in the non-election season. If no changes are made to the BSE’s current role and responsibilities, then just compensation is required. The city is asking too much of a volunteer board not to be compensated for their work and responsibilities.
Policy question for consideration
Should the BSE’s responsibilities be updated in the Charter and Code to reflect the BSE as a policy-recommending body, versus also being administrators of the elections?
7. Rank Choice Voting
Background
Ranked choice voting (RCV) is an election method in which voters rank candidates for an office in order of their preference (first choice, second choice, third choice, and so on). In RCV, candidates who receive above the minimum threshold are declared winners. Candidates who receive the least number of votes are withdrawn, and those ballots are then runoff and count their 2nd choices, and so on until all winners are determined. RCV is used in a number of cities across the nation, including New York City <https://vote.nyc/RankedChoiceVoting>, San Francisco <https://www.sf.gov/sites/default/files/2024-06/RCV%20Brochure_EN_0.pdf>, Minneapolis <https://vote.minneapolismn.gov/ranked-choice-voting/>, and Takoma Park <https://takomaparkmd.gov/2275/CITY-ELECTIONS>, to name a few.
Rockville does not currently use Ranked Choice Voting. However, during the community meetings, there were many voices supporting RCV.
Best practice principles
Ranked Choice Voting of Maryland <https://www.rcvmd.org/> and Fair Vote <https://fairvote.org/our-reforms/ranked-choice-voting/> have extensive information about the process of RCV. With all six council positions open, the threshold to win and to be withdrawn would need to be considered. Cambridge <https://www.cambridgema.gov/Departments/electioncommission/cambridgemunicipalelections> has a voting system where proportional representation is used, which may be a model to consider as they elect nine councilmembers at each election.
Consultant approach
Implementing an entirely new voting system will have tremendous challenges. Voter and candidate education alone will take a considerable amount of time and energy. Rockville was extremely successful in implementing vote-by-mail over the past two elections. Which leads to the possibility that a transition to RCV is possible. The biggest hurdle to implementing RCV could be the State. If the State is not going to or is not able to support RCV, then Rockville may not be able to utilize the State’s resources in City elections. This would cause major problems with the administration of elections and possibly delay election night results by many hours.
Policy question for consideration
Should the City of Rockville consider moving forward with changing from a winner-takes-all system to a ranked-choice voting system?
8. 2023 Ballot Measures
Background
During the 2023 Election, four advisory questions were proposed to the public for their consideration. The results were as follows:
a) Voting Age - Yes 28% - No 69%
b) Non-Citizen - Yes 33% - No 63%
c) Term Limits - Yes 74% - No 22%
d) Districts - Yes 40% - No 51%
During the community sessions, there was overwhelming support for allowing 16 and 17-year-olds to vote. Even though that advisory question received the least amount of support of the four questions.
The administration of implementing this change would be relatively simple by working with the State to receive an additional list of voters. The opportunity to increase voter participation is always a positive endeavor.
Non-citizen voting ballot question received mixed results with the large immigrant population in Rockville; perhaps further exploring this option may be worthwhile.
Term Limits received the highest support among the votes cast. Moving forward on term limits is possible. At the May 19th work session, a majority of the body expressed support for this.
Best Practices
Many cities in the US, including in the state of Maryland, have implemented lowering the voting age for their local elections, and have not had issues. The state of Maryland has a process and resources to help local jurisdictions that allow 16-and 17-year-olds to vote.
Term Limits have been utilized in all government entities. The challenge is finding a balance in preserving elected officials’ institutional knowledge. Some jurisdictions have adopted staggered terms.
Consultant approach
Proceeding with allowing 16- and 17-year-olds to vote could and should be completed in the next six months in preparation for the 2027 election. Further study is needed on the administrative resources that will be needed to make this successful. However, it should move forward. A public education campaign should be implemented in September/October of 2027 in the local high schools.
Policy Question for Consideration
Should the Election Code be changed to allow 16- and 17-year-olds to vote in city elections?
Mayor and Council History
This is the second work session with the election consultant on City election reform. The first work session was held on May 19, 2025.
Public Notification and Engagement
There were two community engagement sessions. The first session was held on Thursday, June 5, 2025, 7 - 9 pm, and the second session was held on Saturday, June 7, 9-12 pm. About thirty-five (35) people attended the first session and twenty-five (25) the second session. If members of the community were unable to attend either session, they were also encouraged to submit their comments to the City Clerk/Director of Council Operations.
Boards and Commissions Review
The consultant met with the Board of Supervisors of Elections (BSE) on April 24, 2025, where the board members provided input.
Next Steps
Following this work session, the consultant will incorporate the guidance as he drafts the final report with recommendations. The final report, inclusive of the final recommendations, will be presented to the Mayor and Council on September 8, 2025.