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HomeMy Public PortalAboutORD15336 BILL NO. 2014-80 SPONSORED BY COUNCILMAN // Henry ORDINANCE NO. / 53 3t AN ORDINANCE AMENDING CHAPTER 12 (ELECTIONS) OF THE CODE OF THE CITY OF JEFFERSON, MISSOURI, BY DELETING REFERENCES TO PRIMARY ELECTION IN ORDER TO BE CONSISTENT WITH THE CITY CHARTER. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 12 (Elections) Sec. 12-8 is amended as follows: Sec. 12-8.Nomination of candidates. Nominations of candidates for election to elective city offices shall be made by declaration of candidacy filed with the city clerk in the form and manner as follows: A. Any person desiring to be a candidate for city office shall file with the city clerk a statement of candidacy in substantially the following form: State of Missouri County of )ss. City of Jefferson ,being first duly sworn,say that I reside at , in the City of Jefferson. County of 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 day of ,20 If the individual is a candidate for Mayor.the following shall be added: I am at least thirty years of age,qualified voter of the City,and a resident thereof for two years next preceding this election. I am not in arrears for any unpaid City taxes or unpaid judgments against me, including any debt to the Municipal Court.or guilty of forfeiture or defalcation in office. If the individual is a candidate for City Council.the following shall be added: I am at least twenty-one years of age.a qualified voter of the City and a citizen of the United States. I have resided in the City of Jefferson for at least one year preceding this election. 1 have resided in the ward from which I am running for at least six months preceding this election. 1 am not in arrears for any unpaid city taxes,guilty of defalcation in office.or been removed from office of Councilman. If the individual is a candidate for Municipal Judge,the following shall be added: Editor's note:Added language shown thus. Deleted language shown thus,. I am a licensed attorney qualified to practice law within Missouri. I am a resident of the City of Jefferson, Missouri. I am between the ages of twenty-four and seventy-five. I do not hold any other office within the City. If the individual is a candidate for City Prosecutor,the following shall be added: I am licensed to practice law in Missouri and am a resident of the City at the time of this election. I am not in arrears for any unpaid City'taxes or guilty of forfeiture or defalcation in office. (Signed) Subscribed and sworn to before me this day of .20 . City Clerk B. The city clerk shall endorse on each declaration of candidacy the day and hour such declaration was received and filed. C. When submitted for filing,the declaration of candidacy shall include the endorsement which is notarized,or signed before the City Clerk or Deputy City Clerk,of at least three residents of the area which will be represented by the office the candidate is seeking. D. Write-in votes shall be allowed in primaefra nd general 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. (Ord.No.9715, a 2(14-12). 12-7-81;Ord. No. 10008, § 1. 7-5-83;Ord.No. 13400, §I. 7-1-2002;Ord.No. 14708. §I.8-16-2010) Section 2. Chapter 12 (Elections) Sec. 12-9 is amended as follows: Sec. 12-9.Opening filing date,filing deadline, receipt,verification for primary election and unopposed candidates. A. Declarations of candidacy for city offices and petitions for the nomination of a 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 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. '' • • :• -',• :. . • - •- '•• :-.1 . State law reference-RSMo 115.127 § 5.(Ord.No. 12515. I,9-9-96;Ord.No. 13400. §I. 7-1-2002) B. Editor's note: Added language shown thus. Deleted language shown tin*. (Ord.No. 13400.§1. 7-1-2002) C. (Ord.No.9715, §2(14-13), 12-7-81:Ord.No. 10008. § I, 7-5-83;Ord. No 10129. § 1(14-13(a)). 12-19- 83; Ord. No. 12515. § 1.9-9-96;Ord.No. 13400. §I.7-1-2002) Section 3. Chapter 12 (Elections) Sec. 12-10 is amended as follows: Sec. 12-10. Resignation or withdrawal of candidate; death,or disqualification. A. 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(icR*thc cvcnt a • • . • 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(5)working days following the death. withdrawal,or disqualification:except that if the death,withdrawal or disqualification occurs after the third Tuesday before the general election baa,if held, then the general or-primary election shall proceed. A disqualified or withdrawn candidate's name shall 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 candidate, in spite of eradication, shall not be counted. B. 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. • •- - . . - be cast f-said candidate. Any vote so cast for said deceased candidate, in spite of eradication, shall not be counted. (Ord.No.9715. §2(14-14). 12-7-81) Section 4. Chapter 12 (Elections) Sec. 12-14 is amended as follows: Sec. 12-14. Election day. All city elections shall be held on a Tuesday. The city general election day shall be the first Tuesday after the first Monday 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,June,August,or November. The county clerk shall make the selection of either the February or March election date,but not both dates for city elections. (Ord.No.9715. §2(14-19). 12-7-81:Ord. No. 10008. § I, 7-5-83;Ord.No. 10129. § 1(14-19). 12-19-83;Ord. No. 12558.§1, 12-16-96:Ord. 13624. §I. 10-6-2004) State law reference-Municipal elect on dates, RSMo. §§ 115.121, 115.123. Editor's note:Added language shown thus. Deleted language shown thus. Section 5. Chapter 12 (Elections) Sec. 12-15 is amended as follows: Sec. 12-I5. Reserved . e .•� _ _t _ : : • ttt•. . e •l: it. _••_ Section 6. Chapter 12 (Elections) Sec. 12-20 is amended as follows: Sec. 12-20.Certification of results of general and-pruner+elections. As soon as is practical after each city election,the city clerk shall verify the count and certify the results of the election to the city council. In the case of a tie between two(2)candidates 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. (Ord.No.9715. §2(14-24). 12-7-81:Ord.No. 10008. § I. 7-5-83:Ord.No. 13400, §1.7-1-2002) State law reference-Counting of votes. RSMo. § 115.447 et seq.:certificates of election. RSMo. § 115.523. Section T This Ordinance shall be in full force and effect from and after the date of its passage and approval.p Passed: I / J / Approved: if Presiding Officer - Mayor air A ST:: ;_ APPROVED AS TO FORM: ��i 14‘?-=-1 y;%v1<-1�1/f l/7/ City Clerk - City Counselor Editor's note:Added language shown thus. Deleted language shown thus.