Section 102-032 Ord. 16744; Calling a Special Election on 04/03/01 RE: Bringing Charter into Compliance w/State Election Laws by Modifying the Section on Candidate Nominating Petitions

proposing to amend the Home Rule Charter for the City of Columbia, Missouri to bring the Charter into compliance with state election laws and to modify the section on candidate nominating petitions; calling a special election to be held on April 3, 2001, on the proposed Charter amendment; directing notification of the election authority; describing the form of the notice of election; directing publication of notice; and fixing the time when this ordinance shall become effective.

The council shall determine by ordinance its own rules and order of business. It shall keep a journal of its proceedings, which shall be open to public inspection at all reasonable hours. It shall be the judge of ~~election returns and~~ qualifications of its members, and may punish its members for disorderly behavior. A majority thereof shall constitute a quorum to do business, but a smaller number may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as the council may provide. The affirmative vote of a majority of the entire council shall be necessary to adopt any ordinance, resolution or motion. The "ayes" and "nays" on any question shall, at the request of any member, be entered in the journal and the "ayes" and "nays" shall be recorded on the final passage of every ordinance or resolution.

The council shall meet regularly at such times as prescribed by its rules, but not less frequently than once each month. Written agendas shall be distributed, in the chambers where the council regularly meets, prior to each regular meeting of the council. No action by the council shall have legal effect unless the motion for the action and the vote by which it is disposed of take place at proceedings open to the public. The first meeting of each newly elected council for induction into office shall be held at the time at which the election returns are officially confirmed in accordance with Section 125 of this charter.

D. An ordinance, when passed by the council, shall be signed by the presiding officer and attested by the city clerk; shall be immediately filed and thereafter preserved in the office of the city clerk; and except as otherwise provided herein, shall be subject to the referendum as provided in Article XVII of this charter. Unless otherwise specified, every ordinance shall become effective twenty (20) days after its final passage. If an ordinance be submitted at a referendum election or as a result of an initiative petition, it shall become effective upon the ~~declaration by the council, after canvassing the election returns,~~ certification of the election authority that it has received the favorable vote of a majority of those voting thereon.

A regular election for the choice of elective municipal officials shall be held annually on the first Tuesday after the first Monday in April. The council may by resolution order special elections, fix the time and provide for holding the same in conformance with state law.

The council shall provide by ordinance all regulations which it considers needful or desirable, not inconsistent with this charter or state laws, for the conduct of municipal elections, and the prevention of fraud in such election. Municipal elections shall be conducted by the ~~county clerk, the city clerk, or such other~~ election authority ~~as may be~~ designated by ~~pursuant to~~ state law.

If at any time, by reason of nonacceptance, resignation, refusal to qualify, or for any other cause, there shall be no officers of the city to order ~~and conduct~~ an election, the ~~county clerk of Boone County or state~~ election authority having jurisdiction in the City of Columbia, is empowered to order and conduct an election for city officers, declare the results thereof, and install the newly elected officials.

Nominations of candidates for all elective offices shall be by petition. Petitions for ward council members shall be signed by not less than fifty (50), nor more than seventy-five (75), registered voters who are entitled to vote for the candidate so nominated. Petitions for officials elected by the entire city shall be signed by not less than one hundred (100), nor more than one hundred fifty (150), registered voters of the city.

The signatures on the nominating petition need not all be appended to one paper, but each separate paper shall bear a statement setting forth the election date, the office to be filled, and the name of the candidate on whose behalf the petition is being filed. In addition, there shall be attached to each such paper a signed statement of the circulation thereof, stating the number of signers of such paper, that each signature appended thereto was made in the circulation's presence and is the genuine signature of the person whose name it purports to be and that the circulation believes each signer to be a legal voter. Nominating petitions shall be filed with the city clerk not earlier than ~~ninety (90)~~ one hundred sixty-five (165) days before the election, nor later than ~~a date set by the clerk, said date to be~~ five (5) days ~~prior to~~ before the ~~date~~ deadline set by state statute for notifying ~~appropriate~~ the election ~~officials~~ authority of an election~~, except as otherwise provided for the election in 1949, and~~ . No nominating petition shall be accepted by the city clerk unless it contains the signed statement of the candidate accepting the nomination and agreeing to serve if elected. Nominating petitions shall be in substantially the following form:

We, the undersigned registered voters of the City of Columbia, Missouri, respectfully petition and request that the name of ________, residing at ________, be placed upon the ballot as a candidate for the office of ________ to be voted for at the election to be held on ~~________ the day of~~ ________, 1920 ________; and we, individually, signify that our names have appeared on the roll of registered voters within the last year, and that we are qualified to vote for this candidate:

~~The council shall canvass the election returns and declare the results of any municipal election, regular or special, at a meeting to be held not later than one week following such election.~~ The candidate receiving the highest number of votes for each office shall be ~~declared~~ elected and shall be inducted into office at ~~that time~~ the first meeting of the council following the certification of the election authority in accordance with state law.

If at any municipal election there shall be no choice between candidates by reason of two (2) or more having received an equal number of votes, the council shall proceed to determine the election by lot in a meeting open to the public and to which all candidates have been invited.

In the case of any election in the city in which the difference in the number of valid votes cast for the candidate receiving the highest number of valid votes and the number of valid votes cast for any other candidate for the same office is twenty-five (25) votes or less or one per cent or less of the total number of valid votes cast for that office, or in the case of any election in the city in which a runoff election is required and the difference in the number of valid votes cast for either of the two (2) candidates [who] received the highest number of valid votes and the number of valid votes cast for any other candidate is twenty-five (25) votes or less or one per cent or less of the total number of votes for the same office, then all such "other candidates" shall be entitled to an automatic recount of the ballots cast for such office upon presentation of a petition to that effect to the city clerk within two (2) days of such certification election, and such recount shall be at the total expense of the city.

In the case of any election in the city in which a proposition or resolution is presented for approval by the voters and the difference in the number of valid votes cast for passage of such proposition or resolution and the number of valid votes cast against passage of such proposition or resolution is twenty-five (25) votes or less or one per cent or less of the total number of valid votes cast on such issue, then there shall be an automatic recount of the ballots cast for such issue upon presentation of a petition to that effect signed by one hundred (100) qualified voters to the city clerk within seven (7) days of such election, and such recount shall be at the total expense of the city.

Any candidate for a city office shall be entitled to a recount of the ballots cast regardless of the difference in the number of ballots cast upon presentation of a petition to that effect to the city clerk within two (2) days of such election, and such recount shall be at the expense of the candidate.

SECTION 4. The City Clerk is authorized and directed to notify the Clerk of the County Commission of Boone County, Missouri, of the adoption of this ordinance no later than 5 o’clock p.m. on January 23, 2001, and to include in the notification all of the terms and provisions required by Chapter 115, RSMo. 1994, as amended.

SECTION 6. The City Clerk is authorized and directed to publish notice that the text of the proposed Charter amendment is available for inspection and copying in the office of the City Clerk. This notice shall be published at least one time, at least one week prior to the election, in a daily newspaper in general circulation in the City of Columbia, Missouri.