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HomeMy Public PortalAboutORD07593 r Bill No. d Introduced by Councilman: 1n/ l��C�Xa�✓ ORDINANCE NO. 7 '93 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI REPEALING ORDINANCE NO. 7444 RELATING TO GENERAL AND SPECIAL CITY ELECTIONS AND PRO- VIDING FOR THE NOMINATION OF CANDIDATES FOR CITY OFFICE BY PRIMARY ELECTION AND ENACTING A NEW ORDINANCE PERTAINING TO THE SAME SUBJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 10. 010. Elective officials, terms. The following officers shall be elected by the qualified voters of this city: mayor, police judge, attorney, assessor, collector, treasurer, marshall, and two members of the city council from each ward in the city. The mayor's term of office shall be four years, and the term of the other named officers shall be two years. Each of the officers, except the assessor, shall take office on the second Tuesday in April following their election and shall hold office until the second Tuesday in April following the next election for said office, and until their successors are duly elected and qualified. The assessor shall take office on the first day of September following the election for that office and hold office until the first day of September following the next election for that office, and until his successor is duly elected and qualified. Section 10. 020. General elections of the city officers. A general city election shall be held on the first Tuesday in April of each year. On the first Tuesday in April, 1963 and every four years thereafter, the Mayor shall be elected. On the first Tuesday in April, 1963 , and every two years thereafter, the police judge, attorney, assessor, collector, treasurer, marshall, and one member of the city council from each ward in the city shall be elected. On the first Tuesday in April, 1964, and every two years thereafter, one member of the city council from each ward in the city shall be elected. Section 10, 030. Vacancies in elective offices. 1 . If a vacancy occurs in any elective office, the mayor, or the person exercising the office of mayor, shall cause a special election to be held to fill the vacancy, giving at least ten days' notice thereof by proclamation in a newspaper published within the city; provided, that when any vacancy. occurs within six months of a general city election, a special election shall not be called �A to fill such vacancy; but the same shall be filled by the mayor, or by the ® person exercising the office of mayor, by appointment; provided further, that any vacancy in the office of councilman, occuring within six months of a general election, shall be filled in the manner provided in Subsection 2 of this section. 2. When a vacancy occurs in the office of councilman within six months of a general city election, the vacancy shall be filled at the next general city election, unless the mayor, with the consent of a majority of the members of the council, shall cause a special election to be held previous to the next general city election after giving at least ten days' notice thereof by proclamation in some newspaper published within the city. 3. When a special election is called to fill a vacancy in an elective office, the proclamation shall specify the office or offices to be filled, the date of the primary election to determine the nominees for the office or offices to be filled at the special election, the last date on which candidates for nomination may file declarations of their candidacy with the city clerk, the date of the election and the hours thereof, the manner in which the election shall be conducted, and such other provisions as may be neces- sary or required by law. Section 10. 040. Reciulation of election. All city elections shall be held under the provision of the general election laws of the State of Missouri; provided that all certificates of nomination shall be filed with the city clerk and not with any other officer; and all duties specified to be performed by the constable or sheriff under the state election laws shall be performed by the marshall at city elections, and all ballots for city elections shall be printed by the city at the city's expense, and all duties heretofore performed by the county clerk with reference to city elections shall be performed by the city clerk. Section 10. 050. Registration of voters. The registration of voters in the city shall be regulated in the manner provided by the applicable Statutes of the State of Missouri. Section 10. 060, Qualification of voters. Every citizen of the United States who is twenty one years of age or more, who has resided within the State of Missouri one year next preceding the election at which he offers to vote, and during the last sixty days of that time shall have resided within the city, and during the last ten days of the sixty day period shall have re- sided in the precinct of the ward at which he will be entitled to vote, who has not been convicted of a felony, or of a misdemeanor connected with the exercise of the right of suffrage, who is not an idiot or an insane person and who is not kept in any poorhouse or confined in any public prison, shall be entitled to vote at any general or special election, or any primary election, of the city if the voter is properly and lawfully registered as a voter in the city. Section 10. 070. Illegal voting, penalty. Any person who shall vote, or attempt to vote, at any city election held for any purpose, while unqualified to vote at the election, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than $100. 00 or by imprisonment in jail for not longer than ninety days, or by both such fine and imprisonment. Section 10. 080. _Judges and clerks of election; polling places. 1. The city council, at least eight days before the date of any election, shall appoint from each voting precinct in which votes may be cast at the election six suitable and qualified persons to act as judges of the election and recom- mend four suitable and qualified persons to be appointed by the judges as clerks of the election in the precinct for which they have been appointed. The judges and clerks of the election shall take oath, conduct ® the election, count the vote thereat and make their returns, duly certified, to the city clerk in the manner prescribed by the applicable laws of the State of Missouri. Each judge and clerk of any city election shall be paid Eight ($8. 00) Dollars by the city for their services at the election. 2. The city council, at least eight days before the date of any election, shall select the polling places required in each precinct of the city from a list of polling places supplied by the city marshall. Section 10. 090. Ballots, instructions to voters, polling places; publication, . The city clerk shall prepare and cause to be published in two newspapers, published in and of general circulation within the city, the form of the ballot, the instructions for voting the ballot and the location of the polling places at each city election for city officers. The publication shall be made on at least two different days. One publication shall appear at least seven days before the day of the election and one publication shall appear on the last day before such election that the newspaper shall be published. Section 10. 100. Elections for other purposes, 1. Any election of the city held for a purpose other than the nomination or election of city officers shall not be held unless authorized by ordinance specifying the purpose thereof, the proposition or propositions to be submitted, the date of the election and the hours thereof, the form of the ballot and notice of the election, the instructions to voters, the manner in which such election shall be conducted and such other provisions as may be required by law. 2. In the absence of any statute prescribing a different form of, and the method of giving, notice of any election regulated by the pro- visions of subsection 1 hereof, the notice of election shall coincide with the notice in the ordinance authorizing the election, and the city clerk shall cause the notice of election to be published on the same day of each week for four consecutive weeks in a newspaper published and of general circula- tion within the city, and the first publication shall appear at least twenty one days before, and the last publication shall appear within ten days of, the day of such election. Primary Elections Section 10. 110 Definitions. When used in Sections 10. 110 through 10. 230, the following words, terms and phrases shall have the following meaning: (a) Candidates for city office. -- Candidates for city office shall include any candidate at any city election for the office of mayor, police judge, city attorney, city assessor, city collector, city marshall, city treasurer, and/or city councilman, and any candidate for membership to the city committee of any political party. (b) The city committee of any political party -- The city com- mittee of any political party shall consist of such number of committeemen and committeewomen from each ward or precinct in the city as the political party shall designate and elect. (c) Political party. -- A political party is an affiliation of electors representing a political party which, at the last preceding general state election occurring before a city primary election, polled as a party at least three percent of the entire vote cast in the city for the office of Governor of the State of Missouri. Section 10. 120. Nomination of Candidates. All candidates for city office shall be nominated by a primary election in the manner provided in Sections 10. 110 through 10. 230 and the names of no other persons shall be placed on the ballot at any general or special election except those nominated as therein provided. Section 10. 130. Primary elections, when held. Subject to the provisions of Section 10. 160 a primary election shall be held on the second Tuesday in March in the year 1964 and each succeeding year to select candidates for all city offices to be filled at the next general city election. In addition a primary election shall be held to nominate candidates for any vacant city office when a special city election is held to fill such vacancy by proclamation of the Mayor, or the person exercising the office of Mayor, and the primary election shall be held on the day specified in the proclamation. Section 10. 140. Conduct of Primary Elections. The provisions of Sections 10. 010 through 10. 100 relating to general and special elections shall be observed to the extent applicable in the conduct of city elections. The hours of election for any primary city election shall coincide with the hours of election for any general city election. The polling places required for any city primary election shall be the same, or as near as may be possible, to the polling places for the succeeding city election. The judges and clerks of a primary election shall be the same persons, if possible, as the judges and clerks of the succeeding city election. Section 10. 150. Statement of candidacy, fee, filing. 1. Any person desiring to be a candidate for city office shall file with the city clerk by 5:00 p. m. of the third Monday of the month preceding the month in which the primary election is held a declaration of candidacy in substantially the following form: ® 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 Missouri, and that I am a qualified voter therein, and that I am a candidate for nomination on the ticket for: * (1) the office of * (2) membership on the city committee of such party as the from the precinct of the ward in the city. at the election to be held on the Tuesday of , 19 , and that I am eligible to hold such office, and I request that my name be printed upon the official primary . ballot for nomination by the primary election, and that I will qualify and serve if elected. (Signed) Subscribed and sworn to before me this day of 19 City Clerk * Strike (1) or (2), whichever is inapplicable. ® 2. The city clerk shall endorse on each declaration of candi- dacy the day and the hour such declaration was received and filed. 3. Every candidate for city office, excluding candidates for membership to the city committee of any political party, shall pay to the treasurer of the city committee of the party of which the candidate is affil- iated the sum of $5. 00 and take a receipt therefor. Each candidate shall file the receipt and his or her declaration of candidacy concurrently in the office of city clerk. Monies 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. 4. A person shall not file more than one declaration of candi- dacy with the city clerk, 5. The name of any person who files a declaration of candidacy and complies with the provisions of this section shall be printed on the official primary ballot unless withdrawn before the printing thereof. Section 10. 160. Canvass of statements of candidates; primary election for offices not required, when. 1. On the third Monday of the month preceding the month in which any primary election is held the city council shall convene to canvass the declarations filed with the city clerk. 2. If the council finds that only one person has filed a declaration of candidacy for nomination to any city office, other than to membership of the city committee of a political party, the council shall adopt a resolution stating such finding and declaring such person the nominee of his political party to the office declared for. The adoption of this resolution shall constitute an unopposed candidate the nominee .of his political party to the office declared for. 3. If the council finds that no contest exists for the nomina- tion for any city office, other than to membership of the city committee of a political party, by members of the same political party, it shall adopt a resolution stating such finding and declaring the unopposed candidates as the nominees of their political parties to the offices declared for, and then further declare that a primary election to nominate candidates for such party is unnecessary and shall not be held. 4. If the council finds that only one person has filed a declaration of candidacy to membership on the city committee of a political party from any precinct or ward, as the case may be, the council shall adopt a resolution stating such finding and declaring such person or persons to be elected to membership on the city committee of the political party as committeeman or committeewoman from the precinct or ward, as the case ® may be, specified in the declaration of candidacy. The adoption of such resolution shall constitute the election of any such unopposed candidate to membership on the city committee of the political party as committeeman or committeewoman from the precinct or ward, as the case may be, specified in the declaration of candidacy. 5. The city clerk shall ca,}�se a copy of the resolutions, if any, mentioned in Subsections 2. and 3.�+'bf this Section to be printed in some newspaper published and of general circulation in the city within a period of five days from the adoption thereof by the city council. 6. If the city council finds from its canvass that there is a contest for the nomination to one or more city offices between candidates of any political party, the city clerk: shall immediately cause to be published in proper form for three successive days in a daily newspaper of the city the names of the candidates to appear upon the primary ballot, The clerk shall thereupon cause such official primary ballot or ballots as may be required by the contest for any office or offices to be printed. Section 10. 170. Ballots, number, listing of candidates, how voted. 1. 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 ballot under the appropriate title of the office and the appropriate party designation in the same order as the declarations of such candidates were filed with and received by the city clerk. 2. Each elector shall place an "X" in the box ([j) in front of the name of the candidate of his choice for the nomination to the designated office of the political party whose ballot the elector calls for and votes. If any elector writes upon his ballot the name of any person whose name also appears in print as a candidate for the same office upon the ballot of any other political party in the same primary election, the ballot shall not be counted. Section 10. 180. Who entitled to vote; challenges. Any person who is qualified to vote at any general or special election in the city and who is properly registered and known to affiliate with the political party, named at the head of the ticket he calls for and attempts to vote, shall be entitled to vote at a primary election. V Upon the opening of the polls, the judges of election shall appoint two persons as challengers, and challenges shall not be made by ® any persons other than the two persons so appointed. It shall be the duty of the challengers to challenge and the duty of all judges of election to reject the ballot of any person who attempts to vote other than the ticket of the party with which he is known to be affiliated, unless such person when challenged, obligates himself by oath or affirmation in writi 1j, signed by such person and administered by one of the judges, who shall also sign and attest the same, to support the candidate or candidates of the political party for whom he proposes to vote in such primary election, if such candidate or candidates are nominated, in the following general or . special city election. Any person who shall refuse to take or make such oath or affirmation, when demanded by such challenger, or required by any judge, shall not be allowed to vote at such primary election. All such oaths or affirmations shall be returned to the city clerk and be preserved with all election returns and paraphernalia. Section 10. 190. Counting of votes; canvass of returns. 1. Immediately upon the closing of the polls, the judges of the election shall count the ballots and ascertain the number of votes cast in such precinct for each of the candidates, and, within eighteen hours of the closing of the polls, make return thereof to the office of the city clerk upon proper blanks to be provided by the city clerk. 2. Before 5.00 p. m. on the third day following the election, the city council shall convene and publicly canvass the returns received from the polling precinct or precincts, as the case may be, and all absentee ballots lawfully voted and counted at such election, and shall make and publish the results thereof in one of the daily newspapers of said city. Section 10. 200. Names on ballot at general or special election. 1. 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 con- test in any primary election, shall be the candidate of such party for such office at the following general or special city election, and the names of such person or persons, as the case may be, together with the names of all other persons of the same political party who were not opposed for the nomination to an office, and who were declared to be nominated by resolu- tion of the city council under the provisions of subsection 2. of Section 10. 160, shall be placed on the official ballot at the next city election as the candidates of the political party for the office to which such persons were nominated except as provided in Section 10. 210. 2. 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. Section 10. 210. Vacancies on ballot; procedure to fill. 1. When a vacancy, occurring in the nominations after the holding of any primary election, has resulted from the death or resignation of a nominee of a political party who was selected at such primary, the city committee of the political party experiencing such vacancy shall have authority to make nominations to fill such vacancy or vacancies on its ticket for the general or special city election for city officers if such vacancy is filled at least fifteen (15) days before the day of such general or special election for city officers in the manner provided by subsection 2. hereof. 2. The person selected by the city committee of a political party to fill a vacancy on the ticket of such party at a general or special city election, and the chairman of the city committee of the political party filling such vacancy, shall file a statement with the city clerk no later than 5 P. M. on the fifteenth day immediately preceding the day of the general or special city election in substantially the following form: 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 Missouri, that I am a candidate on the ticket of the party to: * (1) the office of * (2) membership on the city committee of such party as the from the precinct of the ward in the city. to be voted upon at the city election to be held on the day of 19 , and I further declare that I am qualified to hold such office, and that if elected I will qualify and serve. (Signed) Subscribed and sworn to before me this day of 19 City Clerk A being first duly sworn, say that I am the chairman of the city committee of the party in the city of Jefferson City, Missouri, and that at a meeting of.the members of the committee, .at which a quorum of the members of the committee were present, held on the day of 19 , after due notice the committee did select as the candidate on the ticket of the party for the office mentioned above in the statement of candidacy of , to be voted upon at the city election to be held on the day of , 19 , in said city. (Signed) Subscribed and sworn to before me this day of 19 City Clerk Section 10. 220 Ordinance No. 7444 of the City of Jefferson Missouri relating to general and special city elections and providing for the nomination of candidates for city office by primary election be, and the same is hereby repealed. Section 10. 230. Sections 10. 010 through 10. 230 shall take effect and be in force upon the passage and approval of this ordinance. Passed: Approved: K ipresident'-of the Coun li Mayor / V ty Clerk