HomeMy WebLinkAboutDepartment of Justice Records - ADA - Preclearance - N/A - 11/24/2003 •
RICHARD H. FLAAEN, CITY ATTORNEY OFFICE OF THE CITY ATTORNEY
TAMIKA N. CHEATHAM 5850 West Glendale Avenue. Suite 450
JAMES M. FLENNER GLLNLJU,E Glendale,Arizona 8.5301
JON M. PALADINI Telephone(623)930-2930
CRAIG D.TINDALL Fax (623)915-2391
November 24, 2003
Via Federal Express
Chief, Voting Section
Civil Rights Division
Department of Justice
1800 G Street, N.W., Room 7254
Washington, D.C. 20006
Re: Submission Under Section 5 of the Voting Rights Act
City of Glendale,Arizona—2004 Primary and General Elections
Dear Sir or Madam:
This letter, including Exhibits A through IC, constitutes Glendale's submission for
DOJ review under Section 5 of the Voting Rights Act. The City of Glendale Primary
Election is scheduled for March 9, 2004 and the General Election is scheduled for May
18, 2004.
Redistricting
The U.S. Department of Justice, Civil Rights Division, letter of March 27, 2003
states that "The Attorney General does not interpose any objection to the specific
change" with regard to the City of Glendale 2003 redistricting plan. $ee Exhibit A.
Primary Election
At the Primary Election, the offices voted on are Mayor for the City at large and
three Council districts: Sahuaro, Cactus, and Yucca. A copy of Resolution No. 3692
New Series calling the 2004 City of Glendale Primary and General Elections is included
as Exhibit B.
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General Election
At the General Election, there will be a run-off for elected positions not filled at
the Primary Election. No city ballot questions are currently proposed. However,
Maricopa County has advised the City that there may be a Special Maricopa County
Election on May 18, 2004. Should Maricopa County call this special election, and
should there be a need for a run-off election, such run-off candidates for the May 18,
2004 General Election would appear on the Maricopa County ballot. Maricopa County
will separately undertake any necessary DOJ pre-clearance for a County special election
and polling places.
Pre-CIearance 2002 Elections
On November 5, 2002 the City of Glendale's Proposition 403, which requested
that voters ratify Glendale 2025, the General Plan for the City of Glendale, appeared on
Maricopa County's ballot. A copy of the October 2, 2002, U.S. Justice Department, Civil
Rights Division letter of no objection is induded as Exhibit C. The General Plan for the
City of Glendale appeared on Maricopa County's ballot. Maricopa County pre-cleared
the November 5, 2002 polling places with the Justice Department.
On March 12, 2002 and May 21, 2002, the City of Glendale conducted Primary
and General Elections. A copy of U.S. Justice Department letters dated February 11,
2002, extending the review period, and March 18, 2002 stating no objection are included
as Exhibit D.
Polling Places
A list of the City of Glendale 2004 Primary and General Election polling places
are induded as Exhibit E. If Maricopa County does not have a special election on May
18, 2004, Glendale's polling places listed for the Primary Election of March 9, 2004 will
be the same used for the General Election.
Since the 2003 redistricting, City districts are more balanced by population and
registered voters. Since a majority of the City's voters use early mail-in ballots, the
polling places have been evenly distributed with four in each district. The total number
of polling place is 24, an increase of one polling place from the 2002 Primary and
General Elections. A chart of early voting versus polling place voting by polling place is
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included as Exhibit F. Also included as Exhibits G and H are lists of the 2002 Primary
and General Election polling places and 2002 "Glendale 2025" Special Election polling
places pre-cleared by DOJ. Most of the 2004 Primary and General Election polling
places are the same as the 2002 Primary and General Election polling places.
The City Clerk's Department has requested a review of the 2004 Primary and
General polling places by the Glendale Commission on Persons with Disabilities
("GCPD") and Hispanics for Better Education ("HBE"), local Hispanic organization.
The contact person for CCPD is Chairperson Stephanie Hayes at(623) 561-0588 and the
contact person for HBE is John Flores at(623) 937-0402.
Annexations
Annexations 138 through 141 have received the U.S. Department of Justice, Civil
Rights Division letter of no objection. These annexations occurred after the last City of
Glendale election held on November 5, 2002. Letters from U.S. Department of Justice,
Civil Rights Division and submittal memos from the City of Glendale are included as
Exhibit I.
Ordinance No. 2236 New Series, adopted on January 8, 2002, Annexation No. 138
Ordinance No. 2261 New Series, adopted on June 25, 2002, Annexation No. 139
Ordinance No. 2262 New Series, adopted on June 25, 2002, Annexation No. 140
Ordinance No.2263 New Series, adopted on June 25, 2002, Annexation No. 141
The following annexations were submitted to the Justice Department on
November 4, 2003 after recordation for the purpose of correction:
Ordinance No. 2300 New Series, adopted on January 28, 2003, Annexation No. 142
Ordinance No. 2301 New Series, adopted on January 28, 2003, Annexation No. 143
Ordinance No. 2310 New Series, adopted on April 22,2003,Annexation No. 144
Ordinance No. 2291 New Series, adopted on January 14, 2003, Annexation No. 145
Ordinance No. 2311 New Series, adopted on April 22, 2003, Annexation No. 146
As of today's date, we have not received the Justice Department letter of no
objection for the annexations above. The submittals for Annexations Nos. 142 through
146 are included as Exhibit I. Included as Exhibit K is an up-to-date map of the City of
Glendale with city districts and county precincts.
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List of Exhibits
Exhibit A U.S. Justice Department, Civil Rights Division, letter of no objection to
2003 redistricting plan.
Exhibit B Resolution No. 3692 New Series, calling the 2004 Primary and General
Elections
Exhibit C U.S. Justice Department, Civil Rights Division, letter of no objection to
Special Election Glendale 2025, November 5, 2002
Exhibit D U.S. Justice Department, Civil Rights Division, letter of no objection to
2002 Primary and General Election
Exhibit E City of Glendale 2004 Primary and General Election polling places
Exhibit F City of Glendale voter turn-out by polling place for 2002 Primary and
General Elections; 2002 Special Election Glendale 2025, General Plan
Exhibit G City of Glendale 2002 Special Election polling places
Exhibit H City of Glendale 2002 Primary and General Election polling places
Exhibit I U.S.Justice Department, Civil Rights Division, letters of no opposition and
City of Glendale submittal memorandums for Annexations Nos. 138
through 141
Exhibit J City of Glendale submittal memorandums for Annexations Nos. 142
through 146
Exhibit K Maricopa County map of City of Glendale s city districts and county
precincts.
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As always, our goal throughout the election process is to provide service to the
voters and stimulate voter turnout. If you have any questions concerning this
submission, or if further information is required, please contact me at (623) 930-2930.
Sincerely,
CITY OF GLENDALE
"C
Jon dini
Deputy City Attorney
Endosures: Exhibits A through K
N:A TYVON\Ltrs03\justice dept letter 3.doc
5
U.S. Department of Justice
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Civil Rights Division
JDR:JR:TGL:nj
DJ 166-012-3 VotrngSect:on-NWB.
950 Pennsylvania Avenue,N.W.
2003 -0274 Washington,DC 20530
March 27, 2003
Jon M. Paladini, Esq.
Deputy Ctiy Attorney
5850 West Glendale Avenue, Suite 450
Glendale, Arizona 85301
Dear Mr. Paladini :
This refers to the 2003 redistricting plan for the City of
Glendale in Maricopa County, Arizona, submitted to the Attorney
General pursuant to Section 5 of the Voting Rights Act, 42 U. S .C.
1973c . We received your submission on January 30, 2003 .
The Attorney General does not interpose any objection to the
specified change . However, we note that Section 5 expressly
provides that the failure of the Attorney General to object does
not bar subsequent litigation to enjoin the enforcement of the
change . See the Procedures for the Administration of Section 5
(28 C. F.R. 51 . 41) .
Sincerely,
/U ph D. Rich
Lfihi Voting Section
a
RESOLUTION NO. 3692 NEW SERIES
A RESOLUTION OF THE MAYOR AND COUNCIL OF
THE CITY OF GLENDALE, MARICOPA COUNTY,
ARIZONA, DESIGNATING THE ELECTION DATES
AND PURPOSE OF FLECTIONS (PRIMARY
ELECTION: MARCH 9, 2004; GENERAL ELECTION:
MAY 18, 2004); DESIGNATING THE DEADLINE FOR
VOTER REGISTRATION; DESIGNATING THE PLACE
AND THE LAST DATE FOR CANDIDATES TO FILE
NOMINATING PAPERS.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
GLENDALE as follows:
SECTION 1. DESIGNATION OF ELECTION DATE; PURPOSE
That Tuesday, the 9th day of March, 2004, has been set as the time for holding the
Primary Election in the City of Glendale for the purpose of nominating candidates for Mayor
from the City at large and three City Councilmembers from the districts of CACTUS,
SAHUARO and YUCCA, whose names shall appear on the ballot at the regular General Election
to be held on the 18th day of May, 2004. Any candidates receiving a majority of all the votes
cast at the Primary Election will be declared elected without running at the General Election.
SECTION 2. DESIGNATION OF DEADLINE FOR VOTER REGISTRATION
That Maricopa County registration and voting lists will be used for the municipal
elections. In order to be qualified to vote in the Primary Election, one must be registered by
February 9, 2004. The last day to register for the General Election will be April 19, 2004.
SECTION 3. DESIGNATION OF DATE AND PLACE TO FILE CANDIDATE
NOMINATION FORM
That candidates seeking municipal office may obtain nomination papers and other
materials at the City Clerk's Office, 4th floor of the Municipal Complex, 5850 West Glendale
Avenue, beginning September 2, 2003. The first day to file nomination petitions is November
10, 2003; the last day to file nomination petitions is December 10, 2003. Candidates must file
nomination papers and other nomination forms by 5:00 p.m. on December 10, 2003, at the City
Clerk's Office, 5850 West Glendale Ave., in order for their names to appear on the Primary
Election ballot.
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PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of
Glendale, Maricopa County, Arizona, this 22nd day of July, 2003.
Elaine M. Scruggs
MAYOR
ATTEST:
Pamela Hanna
City Clerk (SEAL)
APPROVED AS TO FORM:
Jon Paladini
Acting City Attorney
REVIEWED BY:
Pam Kavanaugh
Assistant City Manager
2
y;�_: U.S. Department of Justice
�_ Civil Rights Division
RECEIVED OCT 8 2002
JDR : JR:NT :nj
DJ 166-012-3 voting section-NWB.
950 Pennsylvania Avenue,N.W.
2002-4211 Washington, DC 20530
October 2 , 2002
Jon Paladini, Esq.
Deputy City Attorney
5850 West Glendale Avenue, Suite 450
Glendale, Arizona 85301-2563
Dear Mr. Paladini :
This refers to the procedures for conducting the November 5,
2002 , special referendum election, including conduct of the election
by the county, four annexations (Ordinance Nos . 2236, 2261, 2262 , and
2263 (2002) ) and their designation to districts of the City of
Glendale in Maricopa County, Arizona, submitted to the Attorney
General pursuant to Section 5 of the Voting Rights Act, 42 U. S .C.
1973c . We received your submission on August 8, 2002; supplemental
information was received on August 12 , 2002 .
Regarding the annexation, adopted by Ordinance No. 2236 (2002) ,
our analysis indicates that the submitted change received the
requisite Section 5 preclearance on June 11, 2002 . (A copy of our
letter is enclosed. ) Accordingly, no further determination by the
Attorney General is required or appropriate under Section 5 . See the
Procedures for the Administration of Section 5 (28 C.F. R. 51 . 35) .
The Attorney General does not interpose any objection to the
remaining specified changes . However, we note that Section 5
expressly provides that the failure of the Attorney General to object
does not bar subsequent litigation to enjoin the enforcement of the
changes . See the Procedures for the Administration of Section 5 (28
C. F. R. 51 . 41) .
Sincerely,
Jos •h D. Ri
ief, oting Section
Enclosures
•
U.S. Department of Justice
w. erY�JyN
F ' Civil Rights Division
JDR:JBG:DDC:nj
DJ 166-012-3 Voting Section-NWB.
950 Pennsylvania Avenue,N.W.
2001-3941 Washington,DC 20530
2002-1650 RECEIVED
City Clerk Office
MAR 2 2 2002
March 18 , 2002
City of Glendale
Ms . Pamela Oliveira
City Clerk
5850 West Glendale Avenue
Glendale, Arizona 85301-2599
Dear Ms . Oliveira:
This refers to the annexation (Ordinance No. 2229 (2001) ) and
three polling place changes for the City of Glendale in Maricopa
County, Arizona, submitted to the Attorney General pursuant to
Section 5 of the Voting Rights Act, 42 U. S .C. 1973c. We received
your submission on December 11, 2001; supplemental information was
received through February 20, 2002 .
The Attorney General does not interpose any objection to the
specified changes . However, we note that Section 5 expressly
provides that the failure of the Attorney General to object does not
bar subsequent litigation to enjoin the enforcement of the changes .
See the Procedures for the Administration of Section 5 (28 C.F.R.
51 .41) .
This letter also confirms your February 4 , 2002 ,-telephone
conversation with Ms . Donna D. Clarke, of our staff, in which you
agreed that the City of Glendale would provide us with the necessary
documentation to enable us to review, under Section 5 of the Voting
Rights Act, 42 U. S .C. 1973c, the special referendum election to be
held with the city' s May 21, 2002 , general election.
- 2 -
If you have any questions, you should call Ms . Clarke (202-307-
6674) of our staff . Refer to File No. 2002-1650 in any response to
this letter so that your correspondence will be channeled properly.
k I •I�eillely
�.: ,. � RichI
1 •� g Section
1
CITY OF GLENDALE POLLING PLACES
PRIMARY ELECTION MARCH 9 AND GENERAL ELECTION MAY 18, 2004
Location Address
CHOLLA DISTRICT
1. Deer Valley Fire 6801 W Deer Valley Rd Lone Cactus,
Station #156 Thunderbird Park
2. Legend Springs School 21150 N Arrowhead Loop Rd Los Gatos, Sierra Verde
3. Dove of the Desert 7201 W Beardsley Rd Wahalla, Utopia Park,
United Methodist Church Angela
4. Foothills Library 19055 N 57 Av Beardsley, John Cabot,
Greenbriar(partial)
SAHUARO DISTRICT
5. Faith Bible Church 17334 N 63 Av Greenbriar (partial),
Brewer, Patricia Ann
6. West Greenway 5341 W Greenway Rd Altadena, Country Gables,
Baptist Church Carol Ann
7. Thunderbird Retirement 5401 W Dailey St Calavar, Sun Up,
Resort Sunset Palms
8. Desert Valley 12901 N 63 Av Pioneer, St Moritz
Elementary School
BARREL DISTRICT
9. Apollo Baptist Church 11611 N 51 Av Poinsettia, Christy,
Gemini
10. Glendale Public (Main) 5959 W Brown St Riviera, Copperwood,
Library Sahuaro Ranch
11. Heritage School 5312 W Mountain View Rd Beryl, Caron
12. Waymark Gardens 5325 W Butler Av Waymark Gardens, Puget
Butler, Oro
OCOTILLO DISTRICT
13. Glencroft Retirement 8611 N 67 Av Glencroft, Hacienda Verde
Community
N:\CLERK\ELECTION\2004\Primary\Polling Places\Polling Places.doc
CITY OF GLENDALE POLLING PLACES
PRIMARY ELECTION MARCH 9 AND GENERAL ELECTION MAY 18, 2004
14. Faith Baptist Church 7233 N 75 Av Challenger, Purple Sage,
Midway (partial)
15. First Christian Church 6242 N 59 Av Peck, Burlington, Tuckey
16. Glendale Women's Club 7032 N 56 Av Palm Shadows (partial),
Manistee, Bryce (partial)
CACTUS DISTRICT
17. Sunset School 4626 W Mountain View Rd Sanna, Carol, Palo Verde
18. Horizon Elementary 8520 N 47 AV New World, Apollo
School
19. St Johns Lutheran 7205 N 51 Av Kaler, Paradise Vista,
Church Sine, Bryce (partial)
Palm Shadows (partial)
20. Barcelona Elementary 6530 N 44 Av West Plaza, Flamingo,
School Park West, Silva Park,
Bonsai! Park
YUCCA DISTRICT
21. St Andrew's Episcopal 6300 W Camelback Rd Montebello, Oneil, Reade,
Church Bethany Park
22. Riverside Baptist Church 8024 W Camelback Rd Colter, Vermont,
San Miguel
23. Desert Mirage Elem 8605 W Maryland Av Desert Mirage,
School Midway(partial),
Independence
24. Glendale Municipal 6801 N Glen Harbor Blvd Country Meadows,
Suite 201 Litchfield
N:\CLERK\ELECTION\2004\Primary\Polling Places\Polling Places.doc
rti_ U.S. Department of Justice
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Civil Rights Division
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Voting Section-NSB.
JDR:MSR:NT:par 950 Pennsylvania Avenue,N
DJ 166-012-3 Washington,DC 20530
2003-4300
January 14, 2004
Jon M. Paladini, Esq.
Deputy City Attorney
5850 West Glendale Avenue, Suite 450
Glendale, Arizona 85301-2599
Dear Mr. Paladini :
This refers to the polling place changes and the March 9,
2004 , joint election procedures with Alhambra Elementary School
District No . 68 for the City of Glendale in Maricopa County,
Arizona, submitted to the Attorney General pursuant to Section 5
of the Voting Rights Act, 42 U. S .C. 1973c. We received your
submission on November 25, 2003 ; supplemental information was
received on December 15, 2003 .
The Attorney General does not interpose any objection to the
specified changes . However, we note that Section 5 expressly
provides that the failure of the Attorney General to object does
not bar subsequent litigation to enjoin the enforcement of the
changes . See Procedures for the Administration of Section 5 of
the Voting Rights Act (28 C.F.R. 51 .41) .
Sincerely,
-72,t„,„„icgmgek;
Joseph D. Rich
Chief, Voting Section