Chapter 7

ELECTIONS

CONTENTS

§ 7-1. Date of general election.

§ 7-2. Filing of candidates.

§ 7-3. Same; qualifications challenged.

§ 7-4. Withdrawal of candidacy.

§ 7-5. Conformance of city election to state law.

§ 7-6. Conduct of election by county clerk, when.

§ 7-7. Conduct of election by city clerk, when.

§ 7-8. Notice of city election.

§ 7-9. Voters, qualifications.

§ 7-10. Designation of polling places and judges; election costs.

§ 7-11. City police officers, assistance.

§ 7-12. Special election dates.

§ 7-13. Vacancy in elected office, how filled.

§ 7-14. Certification of election results.

§ 7-15. Election ordinance.

§§ 7-16 to 7-20.  Reserved.

Chapter 7

ELECTIONS

Sec. 7-1.  Date of general election.

A general election for the elective offices of the City of Vienna shall be held on the first Tuesday after the first Monday in April of each year, or other date which corresponds to the general election for Maries County.

(a) On the general election date in 1999 and every four years thereafter, an election shall be held by the qualified voters of each ward in the City for the mayor who shall hold the office for the term of four (4) years and until a successor shall be elected and qualified.

(b) On the general election date in odd numbered years an election shall be held by the qualified voters of each ward in the City for one (1) alderman for each ward who shall hold the respective offices for the term of four (4) years and until their successors shall be elected and qualified.

(c) On the general election date in even numbered years an election shall be held by the qualified voters of each ward of the City for one (1) alderman for each ward, who shall hold their respective offices for the term of four (4) years and until their successors have been elected and qualified.  (Ord. 21, §1; As amended by adopting ordinance dated July 7, 1992; Ord. 91, §1; Ord. 118, §1)

Sec. 7-2.  Filing of candidates.

Any person desiring to seek election for elective city office at any general city election may do so by filing their name in the office for which they seek election with the city clerk not earlier than the 16th Tuesday prior to the day of the next primary or general City election and not later than the eleventh Tuesday prior to the day of the next primary or general city election. The clerk shall keep a permanent record of the names of the candidates, the offices for which they seek election and the date of their filing. The clerk shall clearly designate where candidates shall form a line to effectuate such filings and determine the order of such filings which shall be in the order in which they filed for the office; except that, in the case of candidates who file a declaration of candidacy with the clerk prior to 5:00 o’clock P.M. on the first day for filing, the clerk may determine by random drawing the order in which such candidate’s name shall appear on the ballot. If a drawing is conducted pursuant to this provision, it shall be conducted so that each candidate may draw a number at random at the time of filing. If such drawing is conducted, the election authority shall record the number drawn with the candidate’s declaration of candidacy. If such drawing is conducted, the names of candidates filing on the first day for filing for each office shall be listed in ascending order of the numbers so drawn.  (Ord. 21, §2; Ord. 75, §1; Ord. 93, §1; Ord. 118, §2)

Sec. 7-3.  Same; qualifications challenged.

Any person who is not qualified for his office as provided by this Code or other ordinances shall not be entitled to have his name printed on the ballot.  The qualifications of a candidate for office shall be determined by the city aldermen upon hearing given, and upon its own motion, or upon written affidavit by some person that a named candidate is not qualified as such for the office sought.  (Ord. 21, §3)

Sec. 7-4.  Withdrawal of candidacy.

A candidate may not withdraw his candidacy after the certification of the notice as set out in Section 10.120, Revised Statutes of Missouri by the city clerk to the election authority.  A candidate’s name may be removed after the time only upon death or order of court of record.  (Ord. 21, §4)

Sec. 7-5.  Conformance of city election to state law.

All city elections shall be conducted and held in conformance with the provisions of the Comprehensive Election Act of 1977 (hereinafter “the Act”).  (Ord. 21, §5)

Sec. 7-6.  Conduct of election by county clerk, when.

Whenever an overlapping political subdivision conducts an election on the same day as the city election, the county clerk, as the designated election authority, shall conduct the city election.  (Ord. 21, §6)

Sec. 7-7.  Conduct of election by city clerk, when.

If there is no other overlapping political subdivision conducting an election on the same day as the city election and if directed to do so by the city aldermen by appropriate election ordinance passed prior to 8:00 o’clock a.m. on the Friday before the tenth Tuesday prior to the city election, and if the notification is timely received by the county clerk, the city clerk shall conduct the city election in accordance with the appropriate provisions of the Act.  (Ord. 21, §7; Ord. 75, §1)

Sec. 7-8.  Notice of city election.

In city elections conducted by the county clerk, the city clerk shall notify the county clerk prior to 5:00 o’clock p.m. on the tenth Tuesday prior to any city election of the forthcoming city election.  The notice shall be in writing, and shall specify that the city is calling the election, the purpose of the election, the date of the election, and shall include a certified copy of the legal notice to be published and the sample ballot.  (Ord. 21, §8; Ord. 75, §1)Sec. 7-9.  Voters, qualifications.All residents of the city who are qualified and timely and properly registered voters in accordance with the Act shall be entitled to vote at city elections.  In order to vote at any city election a person must be registered no later than 5:00 p.m. on the fourth Wednesday prior to the election.  (Ord. 21, §9)

Sec. 7-10.  Designation of polling places and judges; election costs.

The election authority shall designate the polling places in all city elections in accordance with the provisions of the Act.  The election authority shall appoint all election judges in accordance with the provisions of the Act.  The city shall pay all the election costs required by the Act to the election authority conducting its election.  (Ord. 21, §10)

Sec. 7-11.  City police officers, assistance.

It shall be the duty of the city police officers to give any assistance or protection required by the election authority, any employee of the election authority, or any election judge, and to comply with all lawful requests and directions of the election authority relating to such assistance.  (Ord. 21, §11)

Sec. 7-12.  Special election dates.

Authorized dates for special city elections are the first Tuesday after the first Monday in, August, October or November of each year.  (Ord. 21, §12; Ord. 75, §1)

Sec. 7-13.  Vacancy in office, how filled.

If a vacancy occurs in any elective office, the mayor or the person exercising the duties of the mayor shall cause a special meeting of the board of aldermen to convene where a successor to the vacant office shall be selected by appointment by the mayor with the advise and consent of a majority of the remaining members of the board of aldermen.  If the vacancy is in the office of mayor, nominations of a successor may be made by any member of the board of aldermen and selected with the consent of a majority of the members of the board of aldermen.  The board of aldermen may adopt additional procedures to fill vacancies consistent with this provision. The successor shall serve until the next regular municipal election.  (Ord. 21, §13; Ord. 93, §2)

Sec. 7-14.  Certification of election results.

As soon as practicable after each city election, the election authority shall convene a verification board in accordance with the Act to verify the county and certify the results of the election.  Not later than the second Tuesday after the election, the verification board shall issue a statement announcing the results of each election and shall certify the returns to the city clerk.  The city clerk shall issue to each person elected a certificate of election.  (Ord. 21, §14)

Sec. 7-15.  Election ordinance.

Prior to each city election, the board of aldermen shall timely pass an election ordinance authorizing, establishing and providing the election procedure to be followed in the conduct of the city election.  (Ord. 21, §15)

Secs. 7-16 to 7-20.  Reserved.