Article CH-5 ARTICLE V Elections

1. On the 1st Tuesday after the 1st Monday in June 1975, and at each successive interval of 4 years, there must be elected by the qualified voters of the city at a general election to be held for that purpose a mayor and two members 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 must be elected by the qualified voters of the city at a general election to be held for that purpose two members of the city council, who shall hold office for a period of 4 years and until their successors have been elected and qualified.

1. All elections held under this charter 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 is under the control of the city 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 city council shall adopt by ordinance all regulations which it considers desirable and consistent with law and this charter.

1. Every person who resides within the city at the time of holding a municipal election, and whose name appears upon the official register of voters in and for the city, is entitled to vote at the municipal election and for all officers to be voted for and on all questions that may be submitted to the people at the election, except as otherwise provided in this article.

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 The full names of all candidates, except those who have withdrawn, died or become ineligible, shall be printed on the official ballots without party designation or symbol.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 city council may provide for the use of mechanical or other devices for voting or counting votes that is not inconsistent with low or the regulations of the secretary of state.

1. The election returns from a municipal election must be filed with the city clerk, who shall immediately place the returns in a safe or vault. No person may handle, inspect or in any manner interfere with the returns until the returns are canvassed by the city council.

2. The city council shall meet within 5 days after an election and canvass the returns and declare the result. The election returns must be sealed and kept by the city clerk for2 years, and no person may have access thereto except on order of a court of competent jurisdiction or by order of the city 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 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.

(Ord. AB11, Amended, 10/02/2001, Prior Text; Legislative Updates, Amended, 11/13/2000, Prior Text; Article V, Amended, 10/23/2000, Prior Text)