HomeMy Public PortalAboutORD12515 i
BILL NO. 96-70 j
SPONSORED BY COUNCILMAN_ Byrd, Haake, Jackson, Jaynes Kammerdiener,
Landwehr, McDowell. Nelson Nilaes Vincent
ORDINANCE NO. Z 5f/5
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,AMENDING CHAPTER 12
(ELECTIONS), SECTION 12-9 (FILING DEADLINE, RECEIPT, VERIFICATION FOR
PRIMARY ELECTION AND UNOPPOSED CANDIDATES), SUBPARAGRAPH (A), OF
i
THE CODE OF THE CITY OF JEFFERSON PERTAINING TO CITY ELECTIONS.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. Chapter 3 (Elections), Section 12-9 (Filing Deadline Receipt
Verification for Primary Election and Unopr)osed Candidates), Subparagraph (A), of the
Code of the City of Jefferson, Missouri, is hereby amended as follows:
Sec. 12-9. Opening filing date, pfiling deadline, receipt,verification for primary election and
unopposed candidates.
A. Declarations of candidacy for city offices and petitions for the nomination of an
y� independent candidate must be filed with the city clerk beginning at 8:00 a.m., the fifteenth
Tuesday prior to the primary election,and not later than 5:00 p.m,on the ninth eleventh Tuesday
prior to the primary election. The city clerk shall check each declaration of candidacy to certify that
the declaration of candidacy is lawfully made. Within forty-eight(48)hours after the filing deadline
(not counting weekends)the city clerk shall determine whether a city primary is needed.
State law reference-RSMo 115.127§5. t
Section 2. This Ordinance shall be in full force and effect from and after the date of
its passage and approval.
Passed: Approved:
Presiding Officer Mayor
I
ATTEST: APPROVED AS TO FORM:
i
City CIeF �City Co or
P.
c
v
i
CCS 42 SCS HCS I-113 1557& 1,189
7
[105.965. 1. Any person who contributes or causes to be i
2 or indirectly,during the ten"of office and two years prior thereto, he sum of three {�
3 thousand dollars or more in the aggregate to any statewide elected official shall
4 disclose to the commission within thirty days after initially contacting tine executive
5 branch of government or any elected or appointed official, employee, department, !
6 division,agency or board or commission of the executive branch,any contact made
7 for the purpose of attempting to influence a decision of a nonadversarial nature which
8 � .
results in financial gain for the contributor. Such disclosure shall include the
9 following:
10 (1) The amount of such contribution and to whom the contribution was made;
11 (2) The person,persons or entity represented by such person;and
12
13 (3) The department,division,agency,board,commission or entity contacted.
2. Any person who violates the provisions of this section shall be guilty of an i
14 infraction.]
115.123. 1. (All public elections shall be held oil Tuesday. Except bond elections
I 2 necessitated by fire, vandalism or natural disaster,except elections for which ownership of real
3 property is required bylaw for voting,except special elections to fill vacancies and to decide tie
4 votes or election contests,except the presidential primary election,except elections authorized in
5 subsection 4 of this section,and except as otherwise expressly provided by city or county charter,
6 all public elections shall be held on the general election day, the rim election day, tile
7 municipal primary day,municipal general election day,the first Tuesday aft r the first Monday
�..k.� 8 in February,except in presidential election years,March,June,August,or November or with an
9 election on another day expressly
� 10 each coup shall make the selection of either the February charter. The election authority of
county or March election date,but not both
11 dates for the same political subdivision or special district. After January 1, 1978,no city or county
12 shall adopt a charter or charter amendment which calls an election on any day other than the
13 February or March,April,June,August,or November election days specified in this section.
14 2. Notwithstanding the provisions of subsection 1 of this section,school districts may hold
15 special levy elections on the fast Tuesday after the first Monday in October.]All public elections
16 shall be held on Tuesday. Except as provided in subsections 2,3 and 4 of this section,all
17 public elections shall be held on the general election day, the primary election day, the
18 general municipal election day, the first Tuesday after the first Monday in February or
19 March but not both,or November,or on another day expressly provided by city or county
20 charter.
21 2. Notwithstanding the provisions of subsection 1 of this section,school districts may
22 hold elections on the first Tuesday after the first Monday in June and in nonprimary years
23 on the first Tuesday after the first Monday in August and municipalities may hold elections
24 in nonprimary years on the first Tuesday after the first Monday in August.
25 3. The following elections shall be exempt from the provisions of subsection 1
of this
I ,
i
CCS#2 SCS HCS HB 1557 & 1489 8
26 section:
27 (1) Bond elections necessitated by fire,vandalism or natural disaster;
28 (2) Elections for which ownership of real property is required by law for voting;
29 and
30 (3) Special elections to fill vacancies and to decide tie votes or election contests.
31 4. After August 28, 1996, no city or county shall adopt a charter or charter
32 amendment which calls for elections to be held on dates other than those established in
33 subsection 1 of this section.
115.125. Not later than 5:00 p.m.on the(eighth] tenth Tuesday prior to any election,
2 except a special election to decide an election contest,tie vote or an election to elect six members
3 to serve on a school board of a district pursuant to section 162.241,RSMo,or notwithstanding
4 any prior laws to the contrary,in the year 1996 and thereafter,within seven working days
5 after the candidates' names are certified to the officer, whichever is later, the officer or
6 agency calling the election shall notify the election authorities responsible for conducting the
7 election. The notice shall be in writing,shall specify the name of the officer or agency calling the
8 election and shall include a certified copy of the legal notice to be published pdrsuant to subsection
9 2 of section 115.127. The notice and any other information required by this section may be
10 delivered by facsimile transmission,provided that the original copy of the notice and a certified
11 copy of the legal notice to be published shall be delivered by certified United States mail for
12 receipt by the election authorities within ten days of the delivery by facsimile transmission. In lieu
j
13 of a certified copy of the legal notice to be published pursuant to subsection 2 of section 115.127,
14 each notice of a special election to fill a vacancy shall include the name of the office to be filled,
15 the date of the election and the date by which candidates must be selected or filed for the office.
16 Not later than the fourth Tuesday prior to any special election to fill a vacancy called by a political
17 subdivision or special district,the officer or agency calling the election shall certify a sample ballot
18 to the election authorities responsible for conducting the election.
115.127. 1. Except as provided in subsection 4 of this section,upon receipt of notice of
2 a special election to fill a vacancy submitted pursuant to section 115.125,the election authority
3 shall cause legal notice of the special election to be published in a newspaper of general circulation
4 in its jurisdiction. The notice shall include the name of the officer or agency calling the election,
5 the date and time of the election, the name of the office to be filled and the date by which
6 candidates must be selected or filed for the office.Within one week prior to each special election
7 to fill a vacancy held in its jurisdiction, the election authority shall cause legal notice of the
8 election to be published in two newspapers of different political faith and general circulation in
9 the jurisdiction. The legal notice shall include the date and time of the election,the name of the
10 officer or agency calling the election and a sample ballot. If there is only one newspaper of
general circulation in the jurisdiction,the notice shall be published in the newspaper within one
�:,,u...,_,. ._,......_.__._.... _ ._.
x
i�
I •
I
CCS##2 SCS IICS FIB 1557 & 1489 9
12 week prior to the election, If there are two or more newspapers of general circulation in the
13 jurisdiction,but no two of opposite political faith,the notice shall be published in any two of the
14 newspapers within one week prior to the election.
15 2. Except as provided in subsections I and 4 of this section and in sections 115.521,
16 115.549 and 115.593,the election authority shall cause legal notice of each election held in its
17 jurisdiction to be published. The notice shall be published in two newspapers of different political
18 faith and qualified under chapter 493,RSMo, which are published within the bounds of the area
r.
19 holding the election. If there is only one so qualified newspaper,then notice shall be published
20 in only one newspaper. If there is no newspaper published within the bounds of the election area,
21 then the notice shall be published in two qualified newspapers of different political faith serving
22 the area. Notice shall be published twice,the first publication occurring in the second week prior
23 to the election,and the second publication occurring within one week prior to the election. Each
24 such legal notice shall include the date and time of the election,the name of the officer or agency
25 calling the election and a sample ballot;and,unless notice has been given as provided by section
26 115.129, the second publication of notice of the election shall include the location of polling
27 places.The election authority may provide any additional notice of the election it deems desirable.
28 3. The election authority shall print the official ballot as the same appears on the sample
29 ballot, and no candidate's name or ballot issue which appears on the sample ballot or official
30 printed ballot shall be stricken or removed from the ballot except on death of a candidate or by
31 court order.
32 4. In lieu of causing legal notice to be published in accordance with any of the provisions
33 of this chapter,the election authority in jurisdictions which have less than five hundred registered t
34 voters and in which no newspaper qualified under chapter 493,RSMo,is published,may cause
35 legal notice to be mailed during the second week prior to the election,by first class mail,to each
36 registered voter at his voting address. All such legal notices shall include the date and time of the
37 election,the location of the polling place,the name of the officer or agency calling the election and
38 a sample ballot.
39 S. If the opening date for filing a declaration of candidacy Po;any office in a political
40 subdivision or special district is not required by law or charter,the opening filing date shall be
41 8:00 a.m.,the[thirteenth]fifteenth Tuesday prior to the election. If the closing date for filing a I
42 declaration of candidacy for any office in a political subdivision or special district is not required
43 by law or charter,the closing filing date shall be 5:00 p.m.,the[ninth]eleventh Tuesday prior to
44 the election. The political subdivision or special district calling an election shall, before the
45 thirteenth Tuesday prior to any election at which offices are to be filled,notify the general public
46 of the opening filing date, the office or offices to be filled, the proper place for filing and the
47 closing filing date of the election. Such notification may be accomplished by legal notice
48 published in at least one newspaper of general circulation in the political subdivision or special
ell
i
i