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HomeMy Public PortalAboutORD09715 �) I i j BILL NO. Ii Lill TRODUCED BY COUNCILMAN aRz-.t-* i ORDINANCE NO. i AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CONFORMING CITY ELECTIONS TO THE STATE ELECTION ACT AND AMENDING AND ADDING CERTAIN OTHER PROVISIONS BY AMENDING THE CODE OF THE CITY OF JEFFERSON, 1978, BY THE DELETION OF SECTIONS 14-5 THROUGH 14-22, PERTAINING TO CITY ELECTIONS, AND THE SUBSTITUTION THEREFOR OF NEW SECTIONS 14-5 THROUGH 14-27• ! BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MIS- IISOURI, AS FOLLOWS: !!� SECTION I. Intent and Purpose. It is the intent and purpose of the City of Jefferson in enacting this ordinance to conform the City election laws to the Comprehensive Election Act of 1977, Chapter 115 RSMo, and to enact certain other provisions dealing with areas left to the discretion of the City by said Act. SECTION 2. Chapter 14, Elections. Sections 14-5 through 14-24, are hereby repealed and substituted in lieu thereof shall be the following: Section 14-5. Conformance of City Election Laws with State Law. All City elections shall be conducted and held in accor ance witTi the provisions of the COMPREHENSIVE ELECTION ACT of 1977 (hereinafter "Act") , and any amendments thereto. Section 14-6. Definitional Provisions, Election Authority. In I� accordance with the provisions of said ct: a. City of Jefferson - a political subdivision as defined () therein; b. County Clerks of Cole and Callaway Count - the election authorities as defined therein see Section 115-015 RSMo, 1978) except as limited herein; c. City Clerk - the City Clerk of the City of Jefferson, and the election authority when conditions set out by Section 19-7 of the Code of Ordinances of the City of Jefferson are met. d. Other Definitions. All words and phrases in this chapter shall have the meanings and definitions in Chapter 115 RSMo and in particular Section 115.013 RSMo. Section 14-7. Conduct of a City Election by .City Clerk. a. When - The Clerk of the City of Jefferson may conduct an election for the City if the City of Jefferson does not overlap another political subdivision or special district conducting an election on the same day and if directed to do so by the City Council. b. Notice to County Clerks. No later than 5:00 p.m. on the sixth Tues7day 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 a statement that the City of Jefferson intends to conduct its own election. J c. Notice Requirements. The notice shall be in writing, shall specify the name or the officer or agency calling the R election, and shall include a certified copy of the legal notice to be published pursuant to Sub-Section 2 of Section 115.127 RSMo, 1978. d. Sample Ballot. Not later than the third Tuesday prior to any special election to fill a vacancy called by the City of Jefferson, the City Clerk shall have a sample ballot for public inspection. e. Power and Duties of City Clerk. In conducting such elections, the City e-rk of the City-of Jefferson shall have all powers and duties granted to County Clerks under the provisions of Section 115.001 to 115.641 RSMo, 1978, except the provisions of Section 115.223 RSMo, 1978, as amended. The jurisdiction of the City Clerk shall be the political sub- division of the City of Jefferson. f. Special Elections. These provisions shall not apply to special elections to d ecide an election contest or tie vote. Section 14-8. Voters - Rualifications. All residents of the City who are qualified and timely an properly registered voters in accordance with the Act shall be entitled to vote at City elec- tions. In order to vote at any City election a person must be regis- tered no later than 5:00 p.m. on the fourth Wednesday prior to the election. Section 14-9. Council - Number, Term. The City Council shall consist of ten members, two members from each of the City's five wards. The term of each Council member shall be two years, with the two Councilmen from each ward being elected in alternate years for overlapping terms. They shall qualify and their terms of office shall begin on the first regular Council meeting. after their election. Section 14-10. Designation of Polling Places, Appointment of Election Judges, Election Costs. The appropriate election authority shall designate the polling places in all City elections and shall appoint all election judges in accordance with the provisions of the Act. The City shall pay election costs required by the Act to the election authority conducting its election. Section 14-11. City Police Officers, Assistance_ . It shall be the duty of the City police officers to give any reasonable and lawful assistance or protection required by the election authority, any employee of the election authority, or any election judge, and to comply with all lawful requests and directions of the election authority relating to such assistance. Section 14-12. Nomination of Candidates. Nominations of candidates for election to elective City-737—ices 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 desig- nate on the nominating petition 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 nominating petition that the candidate seeks office as an independent. b. Nomination of Candidates. Any person desiring to be a candidate for City office s a 1 file with the City Clerk a statement of candidacy in substantially the following form: i -2- l - "State of Missouri) County of Cole ) ss City of Jefferson ) I, being first duly sworn, say that I reside at in the City of Jefferson, County of Cole, State of issouri, 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 , i19 . I am eligible to hold such ffice ancT request that my name be printed upon the official ballot. I will qualify and serve if elected. I am a candiate 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 eac ec la ration of candidacy the day and hour such declaration was received and filed. 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 five dollars and take a receipt there- for. Each candidate shall file the receipt and his declaration of candidacy concurrently in the office of the City Clerk. Money derived from 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. Section 14-13. Filing Deadline, Receipt, and Verification for Primary Election. Statements of Candidacy for City offices must be filed with the City Clerk not later than the Friday before the twelfth Tuesday prior to the first Tuesday in April. The City Clerk shall check each Statement of Candidacy to certify that the Statement of Candidacy is lawfully made. Within forty-eight hours after the filing deadline (not counting weekends) the City Clerk shall determine whether or not a City primary is needed. Section 14-14. Resignation or Withdrawal of Candidate, Death, or Disqualification. Any person having qualified as a candidate for City office and wishing to withdraw as a candidate shall no later than the sixth Tuesday prior to the first Tuesday in April (in the event a City primary is called for the office for which the candidate seeks withdrawal, the time shall be the third Tuesday prior to the first Tuesday after the first Monday in March) file a written, sworn statement of withdrawal in the office of the City Clerk. If a candidate for City office dies, withdraws, or is disqualified, and there is no other candidate for the office in question, filing for the office shall be reopened for a period of five working days following the death, withdrawal, or disquali- fication; except that if the death, withdrawal, or disqualification =3- I i r i i� occurs after the third Tuesday before the general election or primary election, if held, then the general or primary election shall proceed. A disqualified or withdrawn candidate's name shall if be physically eradicated from the ballot so that no vote may be cast for said candidate. Any vote so cast for said disqualified or withdrawn candiate, in spite of eradication, shall not be counted. i� In a general election, and if both occurs after the third Tuesday before the general election, if a sufficient number of votes are cast for a deceased candidate to entitle the candidate to, election to office had the candidate not died, a vacancy shall exist in said office to be filled by a special election. In the case that death occurs after the third Tuesday before a primary election, the deceased candidate's name shall be physically erad- icated from the ballot so that no vote may be cast for said ` candidate. Any vote so cast for said deceased candidate, in spite or eradication, shall not be counted. Section 14-15. One Nominee for Each Office. No person shall file a Statement o Candidacy for more t an one office to be filled. Section 14-16. Clerk to Preserve Certificate. The City Clerk shall cause to be preserved in her office all Statements of Candidacy filed therein under the provisions of this article for a ® period of one year. Section 14-17. Candidates' Names on Ballot. Names of candi- dates for each office shall be placed on the ballot in the order in which his or her Statement of Candidacy is filed with the City Clerk. Should the candidate designate a membership in a political party, or an independent status, the designation shall appear, in an unabbreviated form, next to the candidate' s name. Section 14-18. Statement of Candidacy and Special Election to Fill Vacancy, When Filed. A statement of candidacy for a special election to fill a vacancy on the City Council shall be accepted for filing by the City Clerk within the time prescribed by the election ordinance authorized said special election. 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 in the Act, other authorized City election dates shall be the first ! Tuesday after the first Monday in March, June, August, October, or November. ® �I Section 14-20. Primary Election. The City primary day shall be held on the first Tuesday after the first Monday in March, if required. Said primary shall only be required for those City offices for which three (3) or more candidates have filed. Unless otherwise set-out,. all standards and requirements applicable to the City general election shall be applicable to the City primary election. The two .(2) candidates receiving the highest number of votes for the particular office sought shall run in the City general election. Section 14-21. Notice of City Election, Form of Ballots. For City elections conducted by the County Clerk, the City Clerk shall notify the County Clerk prior to 5:00 p.m. on the seventh Tuesday prior to any City election. The notice of said City election shall be in writing, and shall specify that the City is calling the election, the purpose of the election, the date of the election, and shall include a certified copy of the legal notice to be published and the sample ballot. Not later than the third Tuesday prior to any special election to fill a vacancy called by the City, the City Clerk shall certify a sample ballot to the County Clerk. -4- i �j Section 14-22. Legal Notice. Legal notice of City elections shall be pu lis a as required by Section 115.127 of the Act. Section 14-23. Vacancy, How Filled, ecial Election Da x. , # Should- a vacancy occur ina-n- elected office by reason of eat , i resignation, or otherwise, a special election shall be called by the II City Council by appropriate election ordinance for the purpose of filling the vacancy, and the person elected at such special election shall serve only for the unexpired term or until his or her successor is elected and qualified; provided, that should the City general election occur within six months of the date of the vacancy, then the City Council shall fill the vacancy by appoint- ment of a properly qualified person, who shall hold office until the next City general election or until his or her successor is elected and qualified. The special election date to fill a vacancy may be held on any Tuesday authorized by . the City Council by appropriate election ordinance. j Section 14-24. Certification of Results of General and Pri- mary Elections. As soon as practical after each City election i conducted by the City Clerk, the City Clerk shall verify the count and certify the results of the election to the City Council. The candidates receiving the most votes for their respective offices ishall accede to office upon verification of the election results not later than the second Tuesday after the election, except in the t+ case of a primary election. In the event a primary election is held, the two candidates receiving the highest number of votes for 1 a particular office shall be certified by the City Clerk to run in i the City general election. The City Clerk shall issue to each peson elected to office a certificate of election. Section 14-25. Tie Vote, General Election. If two or more persons receive an equal number of votes for City Council member, and a higher number of votes than any other candidate for +I election to the City Council, the City Clerk shall, immediately after the results of the election have been certified, issue a proclamation stating the facts and ordering a special election to determine which candidate is elected to the City Council. The ii proclamation shall set the date of the election and shall be sent by the City Clerk to the election authority responsible for conduct- ing the special election. In the proclamation, the City Clerk shall specify the name of each candidate for City Councilman to be voted on at the election, and the special election shall be conducted and the votes counted as in other elections. Only the name of those persons who have received an equal number of votes for election to the City Council and a higher number of votes than any other ® candidate for the City Council at the same election shall appear on the special election ballot. Such special election may . be held ' on any Tuesday authorized by the Council by appropriate election i ordinance. In the case that three or more persons shall receive an equal number of votes in a City primary election, all shall be allowed to run in the City general election, provided that said persons also have the higher number of votes than any other candidates. In the event an equal number of votes is received by pesons receiving the second number of votes, all shall be allowed to run in the City general election. Section 14-26. Election Ordinance. Prior to each City election, the City Council shall timely pass an election ordinance authorizing, establishing, and providing the election procedure to be followed in the conduct of the City election. �i Section 14-27. City Officers or Employees May Not Run. Any person employee-Ty the City of Jefferson, or any person who is an appointed official of the City, may not seek elective office while an employee or official of the City of Jefferson. This section shall -5- f j i apply to all officers or employees, whether paid or unpaid, j volunteer, part-time or full-time. Additionally, this section shall apply to all boards, authorities, and other subdivisions of the City, and their officers and employees. Section 14-28. Offenses. In addition to the election offenses set out in the Ac and in particular Section 115.629 et. seq. , the following shall be deemed to be offenses under the Code of Ordinances of the City of Jefferson: a. Solicitation Within 100 Feet. No person shall electioneer or so Mcit votes for any elective office within one hundred feet of any polling place on election days. b. Disclosure of Advertisement. No owner, proprietor, publisher, manager, or lessee of any newspaper, magazine, circular, journal, or other written material shall publish or print, or cause to be published or printed, any article in any newspaper in advocacy of or in opposition to the candidacy of a candidate for an elective office, which such article is paid for, either directly or indirectly, unless such article is conspicously marked "paid advertisement." c. Bribes. Any person offering a bribe, either in money or other consideration, to any voter for the purpose of influencing his vote at any such election, or receiving and accepting such bribe or other consideration, any person making false answer relative to his qualifications to vote in any election, any person willfully voting or offering to vote at such election who is not a qualified voter of the state and of the City, who is not eighteen years of age, or who is not a citizen of the United States, or knowing himself not to be a qualified elector of such voting precinct where he offers to vote or votes, or any person knowingly procuring, aiding, or abetting any violation thereof shall be guilty of a mis- demeanor. d. Statement of Expenses and Contributions. Every can- didate shall file statements of expenses and contributions as required by the Act. e. Penalty. Any person violating any of the provisions contained in this section shall be subject to arrest and conviction, and if so charged and convicted, he shall be subject to a fine of up to $500 or imprisonment up to 90 days or both such fine and imprisonment, and in case of such conviction of a successful candidate for office, such conviction shall operate as a forfeiture of office. SECTION 3. Severability. If any portion of this ordinance is held to be unconstitutional or is constitutionally in doubt, or is invalid for any reason, such will not affect the validity of the remaining portion or portions of this ordinance. SECTION 4. Effective Date. This ordinance shall be in full force and effect from and after its date of passage and adoption. Passed Approved /fir-.2/- Y� resicYent of t e nciI ayor ATTEST 7CitJ Clerk I