CITY OF CHARLOTTESVILLE, VIRGINIA
                CITY COUNCIL AGENDA



Agenda Date:           October 4, 2021

Action Required:       Ordinance Enactment

Staff Contacts:        Taylor Yowell, Director of Elections and General Registrar
                       Katrina Callsen, Assistant City Attorney

Presenters:            Taylor Yowell, Director of Elections and General Registrar
                       Katrina Callsen, Assistant City Attorney

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

Background:

A central absentee voting precinct (CAP) is a location in a public building where absentee ballots
are processed and counted on the day of the election in the presence of election officials.
Virginia Code Section 2.2-712 states that each locality shall establish, by ordinance, one or more
central absentee voter precincts. The City of Charlottesville maintains one central absentee voter
precinct at City Hall established by Charlottesville City Code Section 9-31.

Last year, concerns about the spread of COVID-19 prompted the Charlottesville Electoral Board
and the Charlottesville General Registrar and Director of Elections to recommended that the
central absentee voter precinct be temporarily moved from City Hall to City Space for the
November 2020 general election. Specifically, City Hall was closed to the public, and the
designated space in the City Hall basement did not provide for adequate COVID mitigation
strategies for employees, election officers and observers. City Council approved this
recommendation and adopted a temporary ordinance that allowed for a location change. The
ordinance expired on November 10th, 2020.

Due to continued concerns during the 2021 Primary Election, the Council approved, by
temporary ordinance, the recommendation of the Charlottesville Electoral Board and the
Charlottesville General Registrar and Director of Elections to move the Central Absentee Voter
Precinct from City Hall to City Space for the June 8th 2021 primary election.

Discussion:

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 2, 2021 general election. The City of Charlottesville remains under
an emergency ordinance and the prevalence of the Delta variant and continued closure of City
Hall to the public makes the space unusable and inaccessible on election day. This ordinance is
prepared as a temporary ordinance with an expiration date of November 3, 2021.
The CAP only exists on election day. The process of casting an absentee vote remains the same
for all early voters. Voters who have obtained an absentee ballot but wish to cast it in person on
election day remain able to bring their ballot to the General Registrar’s office on the day of the
election. In addition, they may also bring their unmarked ballot to the CAP at City Space.

Attachments:

Proposed Ordinance
                                   ORDINANCE
                              APPROVING CITY SPACE
                        AS CENTRAL ABSENTEE PRECINCT FOR
                        NOVEMBER 2, 2021 GENERAL ELECTION

       WHEREAS, on March 12, 2020, pursuant to a Resolution adopted by the Charlottesville
City Council the City Manager/ Director of Emergency Management declared the potential
spread of COVID-19 to be an emergency and disaster within the City of Charlottesville, and this
declared local emergency remains in effect; and

       WHEREAS, provisions for the safe conduct of elections are necessary to assure
continuity of government during a state of emergency; 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; and

        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 General Director
of Elections and Registrar have determined that City Hall is unusable as the Central Absentee
Precinct polling place during the COVID-19 emergency, because it remains closed to the public
and the limited space available does not allow for appropriate social distancing and COVID
mitigation strategies and 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

       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 2, 2021 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 IT FURTHER ORDAINED by the Council of the City of Charlottesville, Virginia,
that this ordinance is adopted pursuant to the provision of Virginia Code Section 24.2-310 to
assure the safe conduct of elections within the City of Charlottesville during the continuing local
emergency declaration.
        BE IT FURTHER ORDAINED by the Council of the City of Charlottesville, Virginia,
that the General Registrar shall provide notice to the voters appropriate to the circumstances of
the emergency and this 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 November 1, 2021 and shall expire on November 3,
2021.

        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.