Item Coversheet

CITY COUNCIL AGENDA COMMUNICATION
AGENDA DATE:September 8, 2020
SUBJECT:

Adopt an Ordinance Amending the Code of Ordinances by Amending, in Its Entirety, Chapter 10, Offenses - Miscellaneous, Article V, Electioneering at Polling Locations Conducted on City-Owned Properties.

STAFF RESOURCE:

Shelley B. George, City Secretary

PREVIOUS COUNCIL ACTION:

City Council adopted Ordinance No. 3198-1-14 adding Electioneering at Polling Locations to the City of Allen Code of Ordinances.

ACTION PROPOSED:

Adopt an Ordinance Amending the Code of Ordinances by Amending, in Its Entirety, Chapter 10, Offenses - Miscellaneous, Article V, Electioneering at Polling Locations Conducted on City-Owned Properties.




BACKGROUND

In 2014, the Allen City Council established regulations relating to electioneering on City-owned or City-controlled property used as a polling place for an election.  Based on the experience gained from, and observations made of, electioneering occurring on City-owned and City-controlled property used as polling places since the adoption of Ordinance No. 3198-1-14, City staff recommends the City Council consider certain amendments to the regulations on electioneering set forth in Chapter 10, Article V of the Allen Code of Ordinances for the public health, safety and welfare of the community.   The following amendments are recommended:

 

Proposed Amendment 1.  Add definitions for: "City-owned polling place," "Electioneering Sign," and "Electioneering Literature," and redefine "Voting Period." These amendments provide further clarification on the application of the rules. 

 

Proposed Amendment 2.  Reduce the time for placement of signs from 72 hours to 24 hours before early voting begins and time for removal to 24 hours after last voter votes on election day.  Reducing the time provides for a quick return to normal operations around city facilities.

 

Proposed Amendment 3.  Reduce the size of electioneering signs allowed from 36 square feet to 6 square feet.  Reducing the size eliminates the potential damage to city irrigation lines due to the pole size needed for the signage.  

 

Proposed Amendment 4.    Limit the number of electioneering signs to 4 per candidate or per side on a measure (note that this limit does not include signs placed on legally parked vehicles).  The number of signs has increased significantly at vote centers.  This makes it difficult for candidates to find a place to stand along the sidewalks and increases the potential for litter and abandoned signs.

 

Proposed Amendment 5.   Add restrictions regarding the time for placement and removal of tents, canopies, and similar temporary structures.  This addition is meant to ensure the proper maintenance and storage of tents used at vote centers and will eliminate unmanned tents on city-owned properties outside of daily voting hours.   

 

Proposed Amendment 6.   Add a provision making certain people jointly and severally liable for damages to city property resulting from placement of signs and tents on city property.  This addition provides for candidates/campaigns to be held liable should they damage city property.

 

Proposed Amendment 7.   Add a section relating to who is authorized to administer and enforce the electioneering provisions. This clarifies which city staff members are responsible for ensuring compliance with the rules.

 

Electioneering at City-Owned Facilities - At the AEC and MCPAR, locations for candidates to campaign are available on a first come basis.  At the MCPAR building, most candidates located within the large grassy area just south the of building.  At the AEC, candidates will be able to locate on the large concrete area located outside of the Community Ice Rink/Main South entrance.  Sidewalks will be drawn on the concrete designating walking areas for the public to use to line up to vote, exit the building and enter/exit the Community Ice Rink.  A map is included marking the 100-foot distance from the voter entrance prohibiting electioneering as established by the Texas Election Code. No changes are recommended to the current electioneering ordinance which prohibits electioneering on sidewalks, landscaped areas, parking lots, driveways, and within ten feet of the ROW.


STAFF RECOMMENDATION

City staff recommends Council consider adopting the proposed Ordinance amending established regulations relating to electioneering on City-owned or City-controlled property used as a polling place for an election.


MOTION

I make a motion to adopt Ordinance No. _________ amending the Code of Ordinances by amending in its entirety Chapter 10, Offenses - Miscellaneous, Article V, Electioneering at Polling Locations Conducted on City-Owned Properties.



ATTACHMENTS:
Description
Ordinance
100 Foot Distance Map