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Home My WebLink About1995-09-20 ResolutionRECONSIDER & RESCIND 9/20/95 RESOLUTION NO. 95-265 RESOLUTION DIRECTING THE JOHNSON COUNTY AUDITOR TO PLACE THE QUESTION OF A PRESIDENTIAL ADVISORY BALLOT BEFORE THE QUALIFIED ELECTORS OF IOWA CITY, IOWA AS A PUBLIC MEASURE, TO BE VOTED UPON AT THE GENERAL CITY ELECTION OF NOVEMBER 7, 1995 WHEREAS, the United States Supreme Court has recognized that the First Amendment to the U.S. Constitution assures that all individuals have a right to associate for the advancement of political beliefs, which right stands separately and apart from the right to vote at official elections; and WHEREAS, the United States Supreme Court has also recognized that an election campaign serves expressive and associational purposes beyond the simple selection of official holders, all as protected by the First Amendment; and WHEREAS, it is in the public interest for the citizens of Iowa City to preserve "diversity and competition in the marketplace of ideas"; and WHEREAS, CityVote has orgamzed to conduct advisory ballots on the future presidential election, to be conducted throughout the nation on the local level at local elections, as a reasonable means to focus on the needs of cities such as Iowa City in a debate over national urban policies; and WHEREAS, the U.S. Supreme Court has recognized that the First Amendment promises to its citizens the right to collectively represent or enhance their political effectiveness as a group, and this right must surely extend to the citizens of cities such as Iowa City; and WHEREAS, the local ballot is a recognized public forum for purpose of gaugir~g voters' sentiments on the presidential candidates, and simultaneously focusing debate on urban policies and problems which wdl affect all Iowa cities, including Iowa City; and WHEREAS, there is no Iowa or federal statute or Iowa court decision 'which precludes such a local advisory ballot; and WHEREAS, the Johnson County Auditor should be directed to place the question of a Presidential advisory ballot at the next general City election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council now finds that a presidential advisory ballot should be placed before the qualified electors of Iowa City at a general election of November 7, 1995 as a public measure, and that such ballot is a local issue designed to exercise the City's First Amendment rights and to stimulate the citizenry's discussion of the free marketplace of ideas surrounding national urban problems as they relate to local affairs. The Johnson County Auditor is hereby directed to place the public measure of a presidential advisory ballot before the qualified electors of Iowa City at the general CiW election of November 7, 1995. q oc Resolution No. 95-265 Page 2 Shall one of the following persons be selected as a presidential candidate? For an affirmative vote, mark a cross or check in the square after the one candidate that should be selected to run for president. Lamar Alexander [] Republican Bill Bradley [] Independent Harry Browne [] Libertarian Party Pat Buchanan [] Republican Bill Clinton [] Democrat Bob Dole [] Republican Bob Dornan [] Republican Art Fletcher [] Republican Steve Forbes [] Republican Phil Gramm [] Republican John Hagelin [] Natural Law Party {Vote for one only) Jesse Jackson[] Independent Alan Keyes[] Republican Lyndon LaRouche[] Democrat Richard Lugarl--] Republican Ross Perot[] Independent Colin Powell[-] Independent Nlorrie Taylor['-] Republican Arlen Specter[] Republican Lowell Weicker [] Independent Pete Wilson [] Republican Write in: For a negative vote, mark a similar mark in the square following the word "No." No: [] Passed and approved this 9q,h day of August , 1995. ATTEST: :I~CLERK ~. ~/~.4.~ Approved as to form only City Attorney's Office Resolalutlon No. 95-265 IZ was moved by _ 8,w~,r and macondad by adopted, and upon rol~ call there were: 'Ph~'rl~mnr l'nn ABSENT: the Resolution be · AYES: NAYS: X Baker Horowitz Kubby Lehman . Novick Pigott Throgmor~on Resolution No. Page It was moved by Pigott _.. and seconded by adopted, and upon rol~ cell there were: AYES: NAYS: ABSENT: X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton the Resolution be .I SEP-21-95 11511 ID: START TIME SEP-21-S5 11:99 TELEPHONE NUMBER 356 608S RESOLUTION STD NAILBOX OFF SECURITY OFF INFORMATION CODE OK REDIALING TIMES MACHINE ENSAGED JOB NUMBER O1'23 THIS TRANSMISSION IS COMPLETED. LAST SUCCESSFUL PAGE 992 # of Post-lt~ Fax Note 7671 Oa~e RESOLUTION NO. 95-282 RESOLUTION RESCINDING RESOLUTION NO, 95-265 WHICH DIRECTED THE JOHNSON COUNTY AUDITOR TO PLACE THE QUESTION OF A PRESIDENTIAL ADVISORY BALLOT BEFORE THE QUALIFIED ELECTORS OF IOWA CITY, IOWA, AS A PUBLIC iV]EASURE TO BE VOTED ON NOVEIV]BER 7, 1995 ("CITY VOTE"), AS NO LONGER EXPRESSING THE WISHES OF THE CITY COUNCIL WHEREAS, at their regular meeting of August 29, 1995, the City Council for the City of Iowa City did pass and adopt Resolution No. 95-265, which directed the Johnson County Auditor to place the question of a presidential advisory ballot, known as CityVote, before the qualified electors of the City of Iowa City as a public measure, to be voted on at the general City election November 7, 1995, said resolution being delivered to the Johnson County Auditor's Office on August 30, 1995; and WHEREAS, by way of said Resolution No. 96-265 as originally voted upon August 29, 1995, which directed the County Auditor to place the presidential straw poll on the November 7, 1995, ballot, the City Council intended to make a statement concerning the City's First Amendment rights under the Iowa and U.S. Constitution and the City's home rule rights; and WHEREAS, the deadline for a public measure to be presented to the Johnson County Auditor is set by state law, namely September 22, 1995; and WHEREAS, the full merits of the presidential straw poll or CityVote warrants additional discussion and public debate, which is hindered by the above-mentioned deadline of September 22, 1995; and WHEREAS, due to the short time constraints for public debate and upon further review, the City Council of the City of Iowa City now wishes to rescind said resolution as originally passed August 29, 1995, and to withdraw the request to the Johnson County Auditor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council continues to maintain their strong-felt belief in the City's home rule rights under Iowa home rule law, together with their citizenry's rights under the First Amendment to the U.S. Constitution and the Iowa Constitution, but now finds that there is not sufficient time under Iowa's election laws to properly and fully debate how best to present the public issues of the presidential straw poll before the qualified electors of Iowa City. The City Council further finds that alternative measures exist such as exit polling which can be done without calling into question the restrictions noted during the past few weeks' debate concerning CityVote. In light of these concerns, the City Council now finds that Resolution No. 95-265 as originally adopted August 29, 1995, which directed the County Auditor to place the straw vote on the November ballot, should be and is hereby rescinded and shall have no further force and effect of law. MICROFILMED BY INFORMATION TECHNOLOGIES RETAKF O - 84 RECONSIDER & RESCIND 9/20/95 RESOLUTION NO. 95-265 RESOLUTION DIRECTING THE JOHNSON COUNTY AUDITOR TO PLACE THE QUESTION OF A PRESIDENTIAL ADVISORY BALLOT BEFORE THE QUALIFIED ELECTORS OF IOWA CITY, IOWA AS A PUBLIC MEASURE, TO BE VOTED UPON AT THE GENERAL CITY ELECTION OF NOVEMBER 7, 1995 WHEREAS, the United States Supreme Court has recognized that the First Amendment to the U.S. Constitution assures that all individuals have a right to associate for the advancement of political beliefs, which right stands separately and apart from the right to vote at official elections; and WHEREAS, the United States Supreme Court has also recognized that an election campaign serves expressive and associational purposes beyond the simple selection of official holders, all as protected by the First Amendment; and WHEREAS, it is in the public interest for the citizens of Iowa City to preserve "diversity and competition in the marketplace of ideas"; and WHEREAS, CityVote has orgamzed to conduct advisory ballots on the future presidential election, to be conducted throughout the nation on the local level at local elections, as a reasonable means to focus on the needs of cities such as Iowa City in a debate over national urban policies; and WHEREAS, the U.S. Supreme Court has recognized that the First Amendment promises to its citizens the right to collectively represent or enhance their political effectiveness as a group, and this right must surely extend to the citizens of cities such as Iowa City; and WHEREAS, the local ballot is a recognized public forum for purpose of gauging voters' sentiments on the presidential candidates, and simultaneously focusing debate on urban policies and problems which w~11 affect all Iowa cities, including Iowa City; and WHEREAS, there is no Iowa or federal statute or Iowa court decision which precludes such a local advisory ballot; and WHEREAS, the Johnson County Auditor should be d~rected to place the question of a Presidential advisory ballot at the next general City election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council now finds that a presidential advisory ballot should be placed before the qualified electors of Iowa City at a general election of November 7, 1995 as a public measure, and that such ballot is a local issue designed to exercise the City's First Amendment rights and to stimulate the citizenry's discussion of the free marketplace of ideas surrounding national urban problems as they relate to local affairs. The Johnson County Auditor is hereby directed to place the public measure of a presidential advisory ballot before the qualified electors of Iowa City at the general City election of November 7, 1995. Resolution No. 95-265 Page 2 Shall one of the following persons be selected as a presidential candidate? For an affirmative vote, mark a cross or check in the square after the one candidate that should be selected to run for president. {Vote for one only) Lamar Alexander [] Jesse Jackson [] Republican Independent Bill Bradley [] Independent Alan Keyes[-'] Republican Harry Browne [] Libertarian Party Lyndon LaRouche [] Democrat Pat Buchanan[] Republican Richard Lugsr r-'] Republican Bill Clinton [] Democrat Ross Perot [] Independent Bob Dole [] Republican Colin Powell [] Independent Bob Dornan [] Republican Morrie Taylor [] Republican Art Fletcher [] Republican Aden Specter [] Republican Steve Forbes [] Republican Lowell Weicker [] Independent Phil Gramm [] Republican Pete Wilson [] Republican John Hagelln [] Natural Law Party Write in: For a negative vote, mark a similar mark in the square following the word "No." NO: [] Passed and approved this ~Q.h day of August , 1995. ATTEST: :I~CLERK ~' ~ Approved as to form only City A~tomey's Office Resolution No. 95-265 Page 3 It was moved by ~,~t;,,,- and seconded by. ado13~ed, and upon rol~ call ~here were: the Resolution be · AYES: NAYS: ABSENT: ..JL_. Baker .. x Horowitz x Kubby Lehman --.X.---- Novick ~ Pigerr ~ Throgmorton Resolution No.. xxxxxxx~xl~,'( Page ,.,xxxx It was moved by ?;Lqocc and seconded by adopted. and upon rol~ call there were: AYES: NAYS: ABSENT: x Baker Horowitz x Kubby , ,. x Lehman -..-__- x Novick ~ ,, y ,,, Pigott . X Throgmorton the Resolution be START TI~H T~L~PHONH NU~BHR NAN~(ID NU~BHR) TRANBMISSION HOD~ RESOLUTION P~GH5 TR~NS~ITTHD ~ILBO~ SHCURIT¥ INFORMATION CODH JOB NUMBHR 5HP-21-55 11=09 319 356 6086 STD OK 00 01'23 THIS TRANSHIHHION IS COHPLETED. LAST SUCCESSFUL PAGE B02 o of Post-it' Fax Note 7671 Date 9~2//~ Ipagesb' a Co~e~t.~,,~,y ~.d;~,~ c°c~g7 -~ ~ ~ Phone ~ - ~ff Phone ~__ ~0~ Fax ~ F~ ~ RESOLUTION NO. RESOLUTION RESCINDING RESOLUTION NO. 95-265 WHICH DIRECTED THE JOHNSON COUNTY AUDITOR TO PLACE THE QUESTION OF A PRESIDENTIAL ADVISORY BALLOT BEFORE THE QUALIFIED ELECTORS OF IOWA CITY, IOWA, AS A PUBLIC MEASURE TO BE VOTED ON NOVEMBER 7, 1995 ("CITY VOTE"), AS NO LONGER EXPRESSING THE WISHES OF THE CITY COUNCIL WHEREAS, at their regular meeting of August 29, 1995, the City Council for the City of Iowa City did pass and adopt Resolution No. 95-265, which directed the Johnson County Auditor to place the question of a presidential advisory ballot, known as CityVote, before the qualified electors of the City of Iowa City as a public measure, to be voted on at the general City election November 7, 1995, said resolution being delivered to the Johnson County Auditor's Office on August 30, 1995; and WHEREAS, by way of said Resolution No. 96-265 as originally voted upon August 29, 1995, which directed the County Auditor to place the presidential straw poll on the November 7, 1995, ballot, the City Council intended to make a statement concerning the City's First Amendment rights under the Iowa and U.S. Constitution and the City's home rule rights; and WHEREAS, the deadline for a public measure to be presented to the Johnson County Auditor is set by state law, namely September 22, 1995; and WHEREAS, the full merits of the presidential straw poll or CityVote warrants additional discussion and public debate, which is hindered by the above-mentioned deadline of September 22, 1995; and WHEREAS, due to the short time constraints for public debate and upon further review, the City Council of the City of Iowa City now wishes to rescind said resolution as originally passed August 29, 1995, and to withdraw the request to the Johnson County Auditor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, iOWA, THAT: The City Council continues to maintain their strong-felt belief in the City's home rule rights under Iowa home rule law, together with their citizenry's rights under the First Amendment to the U.S. Constitution and the Iowa Constitution, but now finds that there is not sufficient time under Iowa's election laws to properly and fully debate how best to present the public issues of the presidential straw poll before the qualified electors of Iowa City. The City Council further finds that alternative measures exist such as exit polling which can be done without calling into question the restrictions noted during the past few weeks' debate concerning CityVote. In light of these concerns, the City Council now finds that Resolution No. 95-265 as originally adopted August 29, 1995, which directed the County Auditor to place the straw vote on the November ballot, should be and is hereby rescinded and shall have no further force and effect of law. Resolution No. 95-282 Page 2 Passed and approved this ~ day of The Mayor and City Clark are hereby directed to execute this resolution for delivery to the City Clerk no later than 5:00 p.m. on September 21, 1995. The City Clerk is further directed to deliver a copy of this executed resolution to the Johnson County Auditor no later than close of business hours on September 22, 1995. September , 1 995. Approved by t , '-CitylAttorney's Office ~-_ /,.~-_ It was moved by Kubby and seconded by adopted, and upon roll call there were: Lehman AYES: NAYS: ABSENT: Iwn'~esc95265 ms x x X x x X the Resolution be Baker Horowitz Kubby Lehman Novick Pigott Throgmorton