Article CH-5 ARTICLE V Elections
Prior to the adoption of Ord. AB11 on 10/02/2001, Article CH-5 read as follows.
ARTICLE V
ELECTIONS
Sec. 5.010 Municipal elections.
1. On the 1st Tuesday after the 1st Monday in June 1975, and at each successive
interval of 4
years, there shall must be elected by the qualified voters of
the city at a general election to be
held for that purpose a mayor and two supervisorsmembers of the city council,
who shall hold
office for a period of 4 years and until their successors have been elected and qualified.
2. On the 1st Tuesday after the 1st Monday in June 1973, and at each successive
interval of 4
years thereafter, there shall must be elected by the qualified
voters of the city at a general
election to be held for that purpose two supervisorsmembers of the city
council, who shall hold
office for a period of 4 years and until their successors have been elected and qualified.
Sec. 5.020 Applicability of state election laws; elections under Board of Supervisors'
control of city council.
1. All elections held under this charter shall be are governed
by the provisions of the election
laws of this state, so for as such laws can be made applicable and are not inconsistent herewith.
2. The conduct of all municipal elections shall be is under
the control of the board of
supervisorscity council. For the conduct of municipal elections, for the
prevention of fraud in
such elections, and for the recount of ballots in cases of doubt or fraud, the board of supervisors
city council shall adopt by ordinance all regulations which it considers desirable and
consistent
with law and this charter.
Sec. 5.030 Qualifications, registration of voters.
1. Every person who resides within the city at the time of holding any a municipal
election, and
whose name appears upon the official register of voters in and for the city, is entitled to vote at
each the municipal election and for all officers to be voted for
and on all questions that may be
submitted to the people at any such the election, except as otherwise
provided in this article.
2. Nothing in this charter shall be so construed as to deny or abridge denies
or abridges
the power of the board of supervisors city council to
provide for supplemental registration.
Sec. 5.040 Names on ballots. The full names of all candidates, except those who have
withdrawn, died or become ineligible, shall be printed on the official ballots without party
designation or symbol. The use of nicknames in conjunction with the candidates' legal names is
allowed and the nicknames may be printed on the official ballots. If two or more candidates have
the same surname or surnames so similar as to be likely to cause confusion, their residence
addresses shall be printed with their names on the ballot.
Sec. 5.050 Ballots for ordinances and charter amendments. An ordinance or charter
amendment to be voted on in the city shall be presented for voting by ballot title. The ballot title
of
a measure may differ from its legal title and shall be a clear, concise statement describing the
substance of the measure without argument or prejudice. Below the ballot title shall appear the
following question: "Shall the above described (ordinance) (amendment) be adopted. The ballot or
voting machine or device shall be so marked as to indicate clearly in what manner the voter may
cast his vote, either for or against the ordinance or amendment.
Sec. 5.060 Availability of lists of registered voters. If, for any purpose relating to a municipal
election or to candidates or issues involved in such an election, any organization, group or person
requests a list of registered voters of the city, the department, office or agency which has custody
of the official register of voters shall either permit the organization, group or person to copy the
voters' names and addresses from the official register of voters or furnish such a list.
Sec. 5.070 Watchers and challengers. A candidate is entitled upon written application to the
election authorities at least 5 days before the election to appoint two persons to represent him as
watchers and challengers at each polling place where voters may cost their ballots for him. A
person so appointed has all the rights and privileges prescribed by watchers and challengers
under the election laws of this state. The watchers and challengers may exercise their rights
throughout the voting or until the ballots have been counted.
Sec. 5.080 Voting machines. The board of supervisors city council may
provide for the use of
mechanical or other devices for voting or counting the votes that is not
inconsistent with low or
the regulations of the secretary of state.
Sec. 5.090 Election returns; canvass; certificates of election; entry of officers upon duties;
tie vote procedure.
1. The election returns from any a municipal
election shall must be filed with the city clerk, who
shall immediately place such the returns in a safe or vault.,
and no person shall be permitted to No person may handle, inspect or in any
manner
interfere with such the returns until the returns are canvassed
by the board of supervisorscity
council.
2. The board of supervisors city council shall
meet within 5 days after any an
election and canvass the returns and declare the result. The election returns shall
then must be
sealed and kept by the city clerk for 6 months2 years, and no
person shall may have access
thereto except on order of a court of competent jurisdiction or by order of the board of
supervisorscity council.
3. The city clerk, under his hand and official seal, shall issue to each person
declared to be
elected a certificate of election. The officers so elected shall qualify and enter upon the discharge
of their respective duties on the 1st Monday in July next following their election.
4. If any election should result in a tie, the board of supervisors city
council shall summon
the candidates who received the tie vote and determine the tie by lot. The clerk shall then issue to
the winner a certificate of election.
Sec. 5.100 Contest of election. A contested election for any municipal office shall be determined
according to
the law of the state regulating proceedings in contested elections in political subdivisions.