DeKalb County Administrator of Elections Dennis Stanley came before the mayor and board of aldermen in Smithville to make them aware of a potential problem with the referendum on liquor stores in the city limits that is set to be on the ballot for the November election.
The referendum was placed on the ballot after local businessman Randy Paris spearheaded a petition drive, receiving more than the necessary 90 signatures in just a few days.
The hangup lies with property rights voters who live outside the city limits, but have voting rights in the city.
“Property rights voters have to live in DeKalb County, but they may live in Blue Springs or Alexandria,” Stanley told the board. “If those people come in to vote early (at the courthouse), they will go through the line and vote their county ballot. Then they will have to go back through the line, then will likely have to vote on paper for or against the referendum. If they wait until election day to vote, if they vote at Blue Springs, they will vote there, then they will have to come to town and vote where their property is registered. That will also likely be on a paper ballot.”
Stanley said the law allows the city to pass a measure to require property rights voters to vote absentee.
“Municipalities are allowed to pass an ordinance requiring property rights voters to absentee by paper ballot,” Stanley said.
The election administrators office must be notified 60 days before the election in question.
The election commission would then mail a letter to city property rights voters, of which there are only about 160, 45 days before polling telling them of the requirement.
The letter would explain that if they want to vote on the referendum, they must vote by paper, and by mail. the letter would include an application for an absentee ballot.
Property rights voters who live outside the city limits would have no option but to vote by paper absentee ballot in the city referendum under the proposed plan.
Only property rights voters would be affected.
“This is only for the referendum, and would not affect the county ballot,” said Stanley. “I think this is a cleaner, simpler method. It causes less confusion during early voting, and certainly less confusion on election day.
“The issue is, we have a stand-alone city election in June, but the November election is a county-wide election, but there will be an issue on that election which will affect only city voters and city property-rights voters.”
“Has this ever happened before?” asked Alderman Danny Washer.
“Not that I know of. Not in recent history anyway,” Stanley replied.
City Attorney Vester Parsley explained that a recent state law made the scenario possible.
“There was no ordinance to allow this kind of thing before July of last year,” Parsley said.
“I think the public needs to be made aware of this,” Washer said. “We have time to study it. I’m a little confused, and I hope I’m not the only one. I’d really like to hear what the public has to say about this.”
“The only possible effect is on those 160-odd voters who are property owners who have voting rights in the city,” Parsley explained.
Washer stressed that he felt that public input was needed before a decision is reached.
“I think we need to put it out there, put it on the radio and in the paper, and try to help people understand,” Washer said. “I think we need some time to study it.”
“Here’s the only issue with that,” Stanley replied. “Your charter says you have to pass an ordinance on two readings. We’re pushing a deadline. If you pass the ordinance on first reading you’ll have two weeks to hear from the public, and decide whether you want to pass it on the second and final reading. You may have to have a special meeting if you don’t want to act tonight.”
“I think we’ll have to have a special meeting anyway, because we don’t have an ordinance prepared,” Parsley remarked.
The council agreed to have an ordinance drawn up, and if it passes on first reading a special meeting will be called for second and final reading of the measure. This will allow the decision to be made before the election commission’s Sept, 7 deadline.