Article CH-5 ARTICLE V Elections
Prior to the adoption of Legislative Updates on 11/13/2000, 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 be elected by the qualified voters of the city at a general election to be held for
that purpose a mayor and two supervisors, 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 be elected by the qualified voters of the city at a general election to
be
held for that purpose two supervisors, 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.
1. All elections held under this charter shall be 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 under the control of the
board of supervisors.
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 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 municipal
election, and
whose name appears upon the official register of voters in and for the city, is entitled to vote at
each municipal election and for all officers to be voted for and on all questions that may be
submitted to the people at any such election, except as otherwise provided in this article.
2. Nothing in this charter shall be so construed as to deny or abridge the power
of the board of
supervisors 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withdrawn, died or become ineligible, shall be printed on the official ballots without party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 some 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 may provide for the use of mechanical or
other devices for voting or counting the votes not inconsistent with low or 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 municipal election shall be filed with the
city clerk, who shall
immediately place such returns in a safe or vault, and no person shall be permitted to handle,
inspect or in any manner interfere with such returns until canvassed by the board of supervisors.
2. The board of supervisors shall meet within 5 days after any election and
canvass the returns
and declare the result. The election returns shall then be sealed and kept by the city clerk for 6
months, and no person shall have access thereto except on order of a court of competent
jurisdiction or by order of the board of supervisors.
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 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.