HomeMy Public PortalAboutORD09715 �) I
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BILL NO.
Ii Lill TRODUCED BY COUNCILMAN aRz-.t-*
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ORDINANCE NO.
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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are hereby repealed and substituted in lieu thereof shall be the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.
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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:
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"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
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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
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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.
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�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.
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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
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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
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