Dear Councilman:
The most recent referendum election revealed problems in the City’s Charter and involved denial of voting rights. The League of Women Voters urges that the City of Pensacola take the necessary steps to amend its Charter to conform with the requirements of controlling state and federal law and to provide for the conduct of its own elections.
As previously directed by the Council, the League tried to arrange to meet with the City Attorney concerning the problems revealed in the last referendum election. By letter dated October 9, 2006, the City Attorney currently declines to meet with League representatives to discuss how the City should proceed. Accordingly, we ask that the Council work directly with the League to amend the Charter and direct the City Attorney to cooperate in this important effort.
In particular, the Charter does not provide for the lawful verification of referendum petitions. The procedure set forth in the Charter does not comply with controlling state law concerning verification and must be changed to avoid subjecting future referendum elections to injunction. A fuller discussion is set forth in the statement League presented to Council, in part, on July 13, 2006, which is enclosed in its entirety for the record and to assist in your review of the Charter.
The League, which has studied election laws for decades, also can assist the City in developing appropriate amendments to the Charter to provide for the complete election process any municipality must have. It is most important the City equip itself to conduct its own elections because the county Supervisor of Elections has announced that he will not conduct city elections within approximately 120 days of other elections.
To facilitate orderly review, we urge the City to begin the Charter review process now. Timely review increases the likelihood that necessary changes can be timely accomplished, precluding the possibility that future city elections will be enjoined. The City should be mindful that the
only reason injunctive relief was not sought concerning the Maritime Park Referendum is that the problems were discovered too late to permit an effective remedy. Because the verification problem now has been exposed and understood, injunctive relief can be used effectively, however, in the future to stop an untimely referendum election and provide the citizens of the City with the election to which they are entitled.
To insure its future, the City needs to move forward on these issues now. If the City of Pensacola is going to provide a bright future for our young people, the City must bring integrity to the election process with a lawful verification procedure and a process for conducting its own elections.
We look forward to your response and to working with you.
Very truly yours,
Sharon L. Barnett and Janet deLorge,
Co-Presidents, Pensacola Bay Area League of Women Voters
