CITY OF CHARLOTTESVILLE, VIRGINIA
              CITY COUNCIL AGENDA


  Agenda Date:           August 17, 2020

  Action Required:       Ordinance Enactment

  Staff Contacts:        Melissa Morton, Director of Elections and General Registrar
                         John Blair, City Attorney

  Presenters:            Melissa Morton, Director of Elections and General Registrar
                         John Blair, City Attorney

  Title:                 Central Absentee Precinct Temporary Change (1st of 2
                         Readings)


Background:

Virginia Code Section 2.2-712 permits each locality to establish a central absentee voter
precinct.
The City of Charlottesville maintains one central absentee voter precinct at City Hall pursuant to
Charlottesville City Code Section 9-31.


Discussion:

Due to concerns about the spread of COVID-19, the Charlottesville Electoral Board and the
Charlottesville General Registrar and Director of Elections are recommending that the central
absentee voter precinct be moved from City Hall to City Space for the November 2020 general
election.

This ordinance is prepared as a temporary ordinance with an expiration date of November 10,
2020.

Attachments:
Proposed Ordinance
                                   ORDINANCE
                              APPROVING CITY SPACE
                        AS CENTRAL ABSENTEE PRECINCT FOR
                        NOVEMBER 3, 2020 GENERAL ELECTION


        WHEREAS, on March 12, 2020, Governor Ralph S. Northam issued Executive Order 51
declaring a state of emergency for the Commonwealth of Virginia due to the potential spread of
COVID-19; and

        WHEREAS, Governor Northam’s March 12, 2020 declaration found that the anticipated
effects of COVID-19 constitute a disaster pursuant to Virginia Code Section 44-146.16; and

       WHEREAS, City Manager and Director of Emergency Management, Dr. Tarron J.
Richardson, declared the potential spread of COVID-19 an emergency on March 12, 2020
pursuant to a Resolution adopted by the Charlottesville City Council; and

       WHEREAS, Virginia Code Section 15.2-1413 provides that a locality may, by
ordinance, provide a method to assure continuity in government in the event of a disaster
“notwithstanding any contrary provision of law, general or special”; and

       WHEREAS, the conduct of elections is necessary to assure continuity in government;
and

        WHEREAS, Virginia Code Section 24.2-310 provides that if an emergency makes a
polling place unusable, the Director of Elections and General Registrar shall provide an
alternative polling place;

        WHEREAS, Charlottesville City Code Section 9-31 establishes City Hall as the polling
place for the City of Charlottesville’s Central Absentee Precinct; and

        WHEREAS, the Charlottesville Electoral Board and the Charlottesville Director of
Elections and General Registrar have determined that the use of City Space as the polling place
for the City of Charlottesville’s Central Absentee Precinct may assist the City’s efforts to avoid
the spread of COVID-19 and that the continued use of City Hall as the Central Absentee Precinct
polling place may contribute to the spread of COVID-19; and

       WHEREAS, the potential spread of COVID-19 is a rare and unforeseen circumstance
necessitating the movement of the Central Absentee Precinct polling place.

        NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Charlottesville, Virginia that for the November 3, 2020 general election, the City of
Charlottesville’s Central Absentee Precinct shall be located at City Space located at 100 5th
Street NE, Charlottesville, Virginia 22902.
        BE IF FURTHER ORDAINED by the Council of the City of Charlottesville, Virginia
that this ordinance is adopted pursuant to the provisions of Virginia Code Sections 15.2-1413
and 24.2-310.

        BE IT FURTHER ORDAINED by the Council of the City of Charlottesville, Virginia
that this polling place change shall be advertised in the Daily Progress and on the City of
Charlottesville’s web site.

        BE IT FURTHER ORDAINED by the Council of the City of Charlottesville, Virginia
that this ordinance shall be effective on September 8, 2020 and shall expire on November 10,
2020.

        BE IT FURTHER ORDAINED by the Council of the City of Charlottesville, Virginia
that this ordinance is passed with the votes of four-fifths of the City Council and that the second
reading of this ordinance shall not be required.