Loading...
HomeMy Public PortalAboutORD10008 BILL NO. 83-8 Amended SPONSORED BY COUNCILMAN Borgmeyer & GardUn ORDINANCE NO. /,000 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 14 OF THE CITY CODE BY DELETING SECTIONS 14-7(b), 14-12, 14-13, 14-17, 14-19, 14-20, 14-23, 14-24 AND 14-25 RELATING TO ELECTIONS, AND ENACTING IN LIEU THEREOF NINE NEW SECTIONS PERTAINING TO THE SAME SUBJECT MATTER. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The City Code of the City of Jefferson, Missouri, is hereby amenUed by deleting Sections 14-7(b), 14-12, 14-13, 14-17, 14-19, 14-20, 14-23, 14-24, and 14-25, relating to elections, and by enacting in lieu thereof nine new sections pertaining to the same subject matter, which shall read as follows: Section 14-7. Conduct of a City election by City Clerk. b. Notice to County Clerks. No later than 5:00 P.M. on the Friday after the sixth Tuesday prior to any election to be conducted by the City Clerk, the City of Jefferson shall notify the Cole County and Callaway County Clerks. The notice shall be in writing and shall include the name of the City of Jefferson and the statement that the City of Jefferson intends to conduct its own election. Section 14-12. Nomination of Candidates. Nomination of candidates for election to elective city offices of the City of Jefferson shall be made by Declaration of Candidacy filed with the City Clerk in the form and manner as follows: a. Affiliation. A candidate for city office may designate on the Declaration of Candidacy an affiliation or membership in any political party organized or recognized under the laws of the State of Missouri. Should a candidate for city office not desire to so designate a membership in a political party, the candidate may set out on the Declaration of Candidacy that the candidate seeks office as an Independent. b. Declaration of Candidacy, Form. Any person desiring to Ee a candidate or city office shall file with the City Clerk a statement of candidacy in substantially the following form: State of Missouri ) County of Cole ) ss City of Jefferson ) I, , being first duly sworn, say that 1 reside at , in the City of Jefferson, County of Cole, State of Missouri, and that I am a qualified voter therein, and that I am a candidate for nomination for the office of at the election to be held on the Tuesday of , 19 . I am eligible to hold such office and request that my name be printed upon the official ballot. I will qualify and serve if elected. I am a candidate for nomination (1) on the ticket (2) as an Independent candidate. (Signed) Subscribed and sworn to before me this day of 19 City Clerk *Strike whichever of (1) or (2) is inapplicable. c. Endorsement by City Clerk. The City Clerk shall endorse on each Declaration of andidacy the day and hour such Declaration was received and filed. d. Filing Fee. Every candidate for city office, excluding candidates for membership to the city committee of any political party and Independent candidates, shall pay to the treasurer of the city committee of the party of which the candidate is affiliated the sum of $5.00 and take a receipt therefor. Each candidate shall file the receipt and his Declaration of Candidacy concurrently in the office of the City Clerk. Money derived from the payment of such fees shall not be used to aid or assist, directly or indirectly, any candidates in their effort to secure the nomination for any city office. e. Independent Candidates to File Nominating Petitions. 1. When submitted for filing, the Declaration of Candidacy of an Independent candidate shall include a petition for nomination. -2- 2. Each page or a sheet attached to each page of each petition for the nomination of an Independent candidate shall: (a) declare concisely the intention to nominate an Independent candidate; (b) state the name and address, including street and number, of the Independent candidate; (c) state the office for which the candidate is to be nominated; (d) state that each person who signs the petition declares that he is a registered voter in the city or the appropriate ward. 3. If the Independent candidate is to be nominated for a city-wide office, then the petition shall be signed by the number of registered voters in the city which is equal to at least four percent (4%) of the total number of voters who voted in the city at the last general city election, or by 300 registered voters in the city, whichever is greater. 4. If the Independent candidate is to be AML nominated for the office of Councilman, then the petition shall be signed by the number of registered voters in the candidate's ward which is equal to at least four percent (4%) of the total number of voters who voted in that ward at the last general city election, or by 65 registered voters in the candidate's ward, whichever is greater. 5. The name of each person who files a valid petition for nomination as an Independent candidate and a valid Declaration of Candidacy shall be placed on the official ballot as an Independent candidate for the office at the next general election or the special election if the petition nominates a candidate to fill a vacancy which is to be filled at a special election. 6. Each sheet of the petition containing signatures shall be verified in substantially the following form by the person who circulated the sheet, by an affidavit thereon and as a part thereof: -3- VERIFICATION AFFIDAVIT State of Missouri ) ® County of Cole ) ss 1, , a registered voter of the Cityy of e erson, being first duly sworn, say (here shall be legibly printed or typewritten the name of each signer of the page) signed this page of the foregoing petition, and they signed their names thereto in my presence; I believe that they have stated their names, street addresses and city correctly, and that they are registered voters of (here insert either the city or the appropriate ward number). Signature of Affiant Subscribed and sworn to before me this day of 19 Notary Public My commission expires; 7. Any person who is a registered voter of the City of Jefferson may sign a. petition for the nomination of an Independent candidate for a city-wide office. Any person who is a registered voter of the ward may sign a petition for the nomination of an Independent candidate for Councilman from that ward. No person shall sign a name other than his own to any petition, knowingly sign more than once on the same petition, sign any petition when he knows he is not a registered voter in the applicable ward at the time of signing such petition, subscribe to more than one nomination for one office at any election. Any person who subscribes to more than one nomination for one office at any election shall have his name stricken from each of those petitions. 8. The election authority shall have specific authority to determine the validity of signatures on petitions filed with that office and shall have authority not to count those which are, in the election authority's opinion, forged or fraudulent or the signatures of persons who are not registered voters. The election authority shall check each signature on the petition against the registration records, and shall certify the total number of valid signatures on the pages. Only valid signatures shall be counted on any petition page. -4- f. Write-in Votes. Write-in votes shall be allowed in primary and genera elections. Write in votes shall be counted only for candidates who have filed a declaration of intent to be a write-in candidate with the proper election authority prior to 5:00 P.M. on the Friday immediately preceding any election day. The election authority shall furnish a list to the election judges and counting teams prior to election day of all write-in candidates who have filed such declaration. This subdivision shall not apply to elections wherein candidates are being elected to an office for which no candidate has filed. Section 14-13. Filing Deadline, Receipt, Verification for Primary Election and Unopposed Candidates. a. Declarations of candidacy for city offices and petitions for the nomination of an Independent candidate must be filed with the City Clerk not later than 5:00 P.M. on the Thursday before the seventh 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 hours after the filing deadline (not counting weekends) the City Clerk shall determine whether a city primary is needed. b. If only one person has filed a Declaration of Candidacy for a party nomination to any city office, then Alm such person shall be the nominee of that political party IF to the office declared for, and no primary election shall be required for that candidate. C. If there are two or more candidates for the nomination to a city office from the same political party, then the names of those candidates shall be placed upon a primary ballot. Section 14-17. Candidates' Names on Ballot. Names of candidates for each office shall be placed on the ballot in the order in which the Declaration of Candidacy is filed with the City Clerk. Section 14-19. Election Day. All City elections shall be held on a Tuesday. The City general election day shall be the first Tuesday in April of each year. Except as otherwise provided by state law, other authorized City election dates shall be the first Tuesday after the first Monday in February or March, April, June, August or November. The County Clerk shall make the selection of either the February or March election date, but not both dates for the City elections. If a primary election is required, it will be held in February. -5- Section 14-20. Primary Election Day, Ballots. a. The City primary day shall be held on the first ® Tuesday after the first Monday in February. b. At any City primary election, there shall be as many ballots as there are political parties having more than one candidate for the nomination to any office to be filled at the succeeding election. The names of all candidates seeking the nomination for the same office shall appear on the appropriate party ballot, under the appropriate title of the office, in the same order as the Declarations of such candidates were filed with and received by the City Clerk. Section 14-23. Vacancy, How Filled. a. When any vacancy shall happen in the office of Mayor, by death, resignation, removal from the City, removal from Office, refusal to qualify or otherwise, the President Pro Tem of the Council shall act as Mayor until the next regular election. b. If a vacancy occurs in any other elective office, the Mayor, or the person exercising the office of Mayor, shall recommend a person to fill the vacancy from the political party of the person who previously held the office. The Council shall approve the person recommended by the Mayor. The successor shall serve until the next regular election. Section 14-24. Certification of Results of General and Primary Elections. As soon as is practical after eac ity election, the City Clerk shall verify the count and certify the results of the election to the City Council. If a primary election is held, the person receiving the greatest number of votes as a candidate of a political party for the nomination to a City office for which there is a contest shall be the candidate of such political party for such office at the following general election. In the case of a tie between two candidates of the same political party for nomination to an office, such candidates shall determine by lot, in such manner as the candidates may select, in the presence of the Mayor and the City Clerk, which of the candidates shall be the nominee. In a general election, the candidates receiving the most votes for their respective offices shall take office upon verification of the election results at the first regular Council meeting following the election. The City Clerk shall issue to each person elected to office a certificate of election. Section 14-25. Tie Vote, General Election. Whenever there is a tie in tFie election of a Council man, t e matter shall be determined by the Council. -6- Section 2. Effective Date. This ordinance shall be in full force and effect from and after its passage and approval. Passed - 5-8 Approved re ding Officer Mayor / ATTEST: 01ty Clerk