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TO: Mayor Richard C. Irvin
FROM: Alex Voigt, Asst. Chief of Staff
Rick Veenstra, Corporation Counsel
DATE: October 11, 2017
SUBJECT:
A Resolution regarding the Aurora Election Commission.
PURPOSE:
This resolution provides the City Council the opportunity to offer its support for allowing the voters of the City of Aurora to choose whether or not to dissolve the Aurora Election Commission by placing the proposition on the March of 2018 primary ballot.
BACKGROUND:
The Aurora Election Commission (AEC) serves as the election authority for the City of Aurora, except for the portion of the City located in DuPage County. The AEC was created in 1934 following a referendum at a time when the City limits were entirely within Kane County with the goal of offering City residents an opportunity to register to vote and vote locally. The AEC operates under Article 6 of the Illinois Election Code and is funded primarily by the City of Aurora with some financial assistance from Kane County. The Commission consists of three members appointed by the Chief Judge of the Circuit Court the Sixteenth Judicial Circuit and operates independently of any managerial or budgetary oversight from the City or from Kane County - although its bills are approved for payment by the Chief Judge. The current Election Commissioners are Leah Anderson, Chair, Michael McCoy, Vice Chair and Lillian Perry, Secretary. They serve staggered 3-year terms.
Prior to 2010, the City provided space and basic support services to the AEC in order to assist in keeping the Commission’s expenses as low as possible for the benefit of Aurora taxpayers. The arrangement also allowed the AEC’s budget and procurement process to integrate with the City of Aurora's processes. In 2010, the AEC decided to separate from the City of Aurora and vacated the City-owned space.
Concerned about increasing costs and the lack of public accountability for taxpayer dollars, on August 10, 2010, acting under authority it believed to be conferred by the Illinois Constitution, the Aurora City Council adopted Resolution R10-280 requesting that a proposition to reject the City Election Law (Article 6 of the Election Code) be submitted to the electors of Aurora at the General Election to be held on November 2, 2010. Rather than certifying the question for submittal to the voters, the Commission took the position that only a successful citizen-led initiative could require the question to be submitted to the voters. Because the City would have been forced to litigate the issue and bear the expense of paying for its own attorneys, and indirectly, the attorneys retained by the Commission, the City did not challenge the Commission's legal conclusion.
The 2010 proposition by the City Council was not the first time the city explored abolishing the commission, in 1986 the City Council passed Resolution R86-3109 "In Support of a Petition to Abolish the Aurora Election Commission" in response to a citizen-led initiative to submit the question of abolishing the election commission to the voters. The City's resolution noted "the Aurora City Council has investigated the need for a city election commission and found the need for said commission lacking." Ultimately, the 1986 effort failed largely due to the Election Code's requirement that the proposition be submitted to voters using the arcane and misleading phrase "Shall the City Election Law be Rejected?"
In an effort to establish some control over costs and address numerous issues in regards to statutorily-mandated County and City payments to the Election Commission, the City and AEC, under the guidance of the Chief Judge entered into a Memorandum of Understanding (MOU) to establish an efficient, transparent and accountable process for the payment of the Commission’s expenses. The City Council approved the MOU, Resolution R14-340 in December of 2014. The MOU, while a well-intended effort did not provide the city any additional opportunities to manage the cost of the AEC.
Additionally, on September 25, 2017, the City of Aurora received an email from Kane County regarding the AEC's proposed budget for 2018. The County is enforcing the statutory formula to the AEC's budget requests, which results in an additional $44,382.80 financial obligation upon the City.
All of the historic documents regarding previous attempts and agreements are attached.
DISCUSSION:
Recent public frustration with the AEC, both in terms of the cost of its operations and perceived delays in providing timely Election Night results has led to renewed interest in consolidating the operations of the AEC with the election departments of the County Clerks of Kane, Kendall and Will Counties who handle elections throughout the remainder of their respective counties including in large communities like Elgin and Joliet. Additionally, efforts by DuPage County to consolidate its election commission with its County Clerk's office have also contributed to a renewed interest in the City.
At least one group of Aurora citizens is currently in the process of spearheading a petition drive to request that voters be given the chance to decide for themselves whether to maintain the AEC. They, and others, have requested that the City Council approve a resolution in support of efforts to ask voters whether to maintain the AEC.
IMPACT STATEMENT:
This proposed Resolution, which supports the effort to submit the question of whether to maintain the AEC has no binding authority, but provides the City Council the opportunity to go on the record in recognition of the residents' efforts.
RECOMMENDATIONS:
We request approval of this Resolution at the Tuesday, October 24, 2017 City Council Meeting.
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution Pertaining to the Aurora Election Commission (AEC).
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the voters of the City of Aurora established the AEC by referendum in 1934; and
WHEREAS, the laws governing voter registration, ballot access, and voting rights have evolved substantially since 1934, eliminating the need for the City of Aurora to be served by its own election authority; and
WHEREAS, since 1974, the portion of the City of Aurora within DuPage County has been served by the DuPage County Election Commission and the AEC is no longer a citywide election authority; and
WHEREAS, the County Clerks in the Counties of Kane, Kendall and Will Counties serve as the election authorities for their respective counties outside of the City of Aurora, and
WHEREAS, taxes paid by residents in the City of Aurora fund not only the operations of the AEC, but also the election authorities in Kane, Kendall, and Will Counties which provide no services to the City; and
WHEREAS, the Election Code does not authorize the City of Aurora to exercise any control over the operations or expenses of the AEC, yet mandates that the City bear nearly all of the costs if its operations; and
WHEREAS, the Mayor and City Council of the City of Aurora have determined that the County Clerks of Kane, Kendall, and Will County can provide Aurora residents with the higher level of service than has been provided by the AEC and without the nearly $700,000 in annual average costs associated with operating the AEC; and
WHEREAS, the Mayor and City Council of the City of Aurora believe that the electors of the City of Aurora should be given the opportunity to decide for themselves whether to dissolve the Aurora Election Commission and transfer its functions to the County Clerks of Kane, Kendall, and Will Counties;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that the Mayor and City Council offers its strong support all efforts to provide the voters of the City of Aurora with the choice of whether to dissolve the Aurora Election Commission, including the efforts of Aurora residents preparing to petition the Circuit Court of Kane County to place such a proposition on the March 2018 General Primary Election Ballot; and further
BE IT RESOLVED, that the Corporation Counsel shall be and hereby is directed to fully explore all alternative means of submitting such a proposition to the electors including, but not limited to, ordinance of the City Council enacted pursuant to its authority under the Illinois Constitution or by amendment of the Election Code; and further
BE IT RESOLVED, that nothing in this Resolution shall be construed as to authorize the expenditure of any public funds to encourage any elector to vote in favor or against any proposition, including a proposition related to the dissolution of the Aurora Election Commission; and further
BE IT RESOLVED, that the Mayor and City Council of the City of Aurora encourage the members of the Aurora Election Commission to afford the voters the opportunity to determine the Commission’s future.
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
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Alderman Bohman, Ward 1 Alderman Garza, Ward 2
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Alderman Mesiacos, Ward 3 Alderman Donnell, Ward 4
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Alderman Franco, Ward 5 Alderman Saville, Ward 6
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Alderman Hart-Burns, Ward 7 Alderman Mervine, Ward 8
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Alderman Bugg, Ward 9 Alderman Lofchie, Ward 10
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Alderman Jenkins, At Large Alderman O’Connor, At Large
ATTEST:
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City Clerk Mayor