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Chapter 9
ELECTIONS*
Art. I. In General, §§ 9-1—9-25
Art. II. Conduct of Elections, §§ 9-26 – 9-35
* Cross reference – Any ordinance establishing the boundaries of any voting precinct in the city saved from repeal, § 1-9 (19); administration, Ch. 2; manner of election of councilman, § 2-19, enumeration of ordinances saved form repeal relating to bonds and elections, App. B;
State law references – Conduct of elections, RSMo Ch. 111; election authorities and conduct of elections, RSMo Ch 115; municipal elections, RSMo Ch. 122.
ARTICLE I. IN GENERAL
Sec. 9-1 General election days.
The general election days for the city shall be held on such days as provided in all applicable statutes for the state, for cities of the third class.
(Ord. No. 3285 § 1, 12-8-97; Ord No. 3714 §§ 1,2, 5-13-02)
State law reference – Primary election day designed for certain third class cities, RSMo 79.470; municipal election day designated, RSMo 115.121(3).
Sec. 9-2 Reserved.
Editors Note – Section 1 of Ord. No. 3285 adopted Dec. 8, 1997, repealed §§ 9-1 and 9-2 and enacted similar provisions under § 9-1. Former §§ 9-1, 9-2 derived from the 1790 Code; Ord. No. 1992 adopted Oct 13, 1980, and Ord. No. 2375, adopted Oct. 28, 1987.
Sec. 9-3 Special elections.
Special elections shall be called by ordinances as may be provided by law.
(Code 1970, § 8-12)
Sec. 9-4. County clerk designated election authority; exception.
(a) The county clerk of the county is hereby designated the election authority for the city under the terms of this chapter and RSMo Ch. 115
(b) The county clerk, as the election authority, shall conduct all city elections pursuant to the provisions of RSMo Ch 115, except as provided in section 9-5, when the city clerk shall have all powers and duties granted to the county clerk under the provisions thereof.
(Code 1970, § 8-2)
Sec. 9-5. When city clerk to act as election authority.
(a) The city clerk shall conduct a city election if the city dies not overlap another political subdivision or special district conducting an election on the same day and if directed to do so by the city council. No later than 5:00 p.m. On the eighth Tuesday prior to any city election conducted by the city clerk pursuant to this section, the city shall notify the county clerks. The notice shall be in writing and shall include the name of the city and a statement of the city intends to conduct its own election.
(b) If proper notice under subsection (a) is not received by a county clerk by the time specified therein, the county clerk shall conduct the city elections.
(c) Before conducting an election under the provisions of this section, the city shall notify the county clerk as provided and by the time provided in RSMo 115.125. In conducting such elections, the city clerk shall have all powers and duties granted to county clerks under the provisions of RSMo 115.001 to 115.641, except the provisions of RSMo 115.133 and RSMo 115.133 to 115.223.
(Code 1970, § 8-3)
State reference – Similar provisions, RSMo 115.023(4)
Sec. 9-6. Precincts –Establishment.
The city council shall by ordinance, resolution or otherwise, divide the city into as many voting precincts as it may deem necessary to afford all the voters a convenient opportunity of exercising the right of franchise in all city elections to be held in the city, and each of such precincts shall be deemed a ward within the purview of the general and primary election laws of the state.
State law reference – Similar provisions, RSMo 78.540(3)
Sec. 9-7. Same – Boundaries.
The voting precincts of the city shall have those boundaries as presently established or as hereafter established by ordinance.
Sec. 9-8. Hours polls are to be open.
The election judges shall open the polls at 6:00 a.m. and keep them open until 7:00 p.m. At 7:00 p.m. all voters at the polls, including any in line to vote, shall be permitted to vote.
(Code 1970, § 8-7)
State law reference – Similar provisions, RSMo 115.407.
Sec. 9-9. Police officers to render assistance.
It shall be the duty of the police officers of the city to give any assistance or protection required by the election authority. Any employee of the election authority, any election judge, any registration officer or any canvasser in the performance of his duties and to comply with all lawful requests and directions of the election authority relating to such assistance.
(Code 1970, § 8-8)
Cross reference – Police department, § 17-16 et seq.
State law reference – Similar provisions RSMo 115.059.
Sec 9-10. Informalities will not invalidate elections.
No informalities in conducting any city election shall invalidate the same, if it has been conducted fairly and in substantial conformity to the requirements of this chapter.
State law reference – Similar provisions, RSMo 78.540(2)
Secs. 9-11 – 9-25. Reserved.
ARTICLE II. CONDUCT OF ELECTIONS.
Sec. 9-26. Conduct of election per state law.
The conduct of all elections in the city shall be governed by the provisions of RSMo 78.470 to 78.540 and RSMo Ch 115, as the same now exists or as hereafter amended, except as may now of hereafter be provided by ordinance not inconsistent therewith.
(Code 1970, § 8-1)
Sec. 9-27. Statement of candidacy for council – Form.
Any person desiring to become a candidate for councilperson shall file with the city clerk a statement of such candidacy in substantially following form:
State of Missouri,)
) ss.
County of Johnson)
I, ______________, being first duly sworn, say that I reside at ____________ street, City of Warrensburg, County of Johnson, State of Missouri; that I am a qualified voter therein; that I am a candidate for nomination to the office of councilperson to be voted upon at the municipal election to be held on ___________ Tuesday of
____________ 20____, and am eligible therefore, and I hereby request that my name be printed upon the official ballot for such office, and that I will serve as such officer, if elected.
(Signed) ______________________
Subscribed and sworn to (or affirmed) before me on this __________________ day of ____________, 20___.
(Code 1970, § 8-9; Ord. No. 2082, § 2, 10-28-82; Ord. No. 3714, §§ 1,2, 5-13-02)
Cross reference – City council generally, § 2-16 et seq.
State law reference – Similar provisions, RSMo 78.480(1).
Sec. 9-28. Same – When filed; public notice required.
(a) No statement of candidacy for councilperson shall be accepted for filing by the city clerk prior to
8:00 a.m. on the sixteenth, Tuesday immediately preceding the city election. No statement of candidacy for councilperson shall be accepted for filing by the city clerk after 5:00 p.m. on the eleventh Tuesday preceding the city election.
(b) At least fifteen (15) days prior to the first day on which statements of candidacy may be filed, the city clerk shall notify the general public of the opening filing date, the number of councilpersons being elected, the proper place for filing and the last day for filing of statements of candidacy. Notification may be accomplished by publication in at least one (1) newspaper of general circulation. in the city.
(Code 1970, § 8-10; Ord. No. 2375, § 2, 10-28-87; Ord. No. 2434, § 1,8-22-88p Ord. No. 2536, § 1, 10-9-89; Ord. No. 3148, § 1, 6-10-96; Ord. No. 3714, §§ 1,2, 5-13-02; Ord No. 3839, § 1, 10-13-03)
Cross reference – City council generally, § 2-16 et seq.
State law reference – Date statements of candidacy for municipal office must be filed, RSMo 115.127(5).
Sec. 9-29. Form, preparation of ballots.
The forms of ballot for general elections shall be as provided by RSMo 78.530. The city clerk shall prepare the sample ballot.
(Code 1970, § 8-17; Ord. No. 3714, §§ 1,2, 5-13-02)
Sec. 9-30. Reserved.
Editors note – Ord. No. 3714, § 1, adopted may 13, 2002, repealed § 9-30, which pertained to the primary election and derived from Code 1970, §§ 8-14, 8-15.
Sec. 9-31. Nomination of candidates for general election.
The names of candidates duly declared under section 9-27, shall be placed upon the official ballot at the general election thereafter. The city clerk shall thereupon cause the official ballots to be printed, and upon the ballots the names of the candidates shall be arranged in the order of their statement of candidacy, and above the names of the candidates shall appear the words “Vote for (number to be elected)”.
(Code 1970, § 8-16; Ord. No. 3714, §§ 1, 2, 5-13-02)
State law reference – Similar provisions, RSMo 78.480(3), 78.520(1).
Sec. 9-32. Tie votes.
If two (2) or more persons receive an equal number of votes for election to any office in a general election, and a special general election will be required to ascertain the identity of the candidate for election to the same office, the city clerk shall, immediately after the results of the election have been certified, issue a proclamation stating the fact and ordering a special general election to determine which candidate is elected to the office. The proclamation shall set the date of the election and shall be sent by the city clerk to each election authority responsible for conducting the special election. In his proclamation, the city clerk shall specify the name of each candidate for the office to be voted on at the election, and the special general election shall be conducted and the votes counted as in other elections.
(Code 1970, § 8-20; Ord. No. 3714, §§ 1, 2, 5-13-02)/p>
State law reference – Similar provisions, RSMo 115.515(2), 115.517(3).
Sec. 9-33. Special elections; notice.
Excepting as provided in RSMo 115.023(2), when the election authority receives a proclamation ordering a special election to decide a tie vote, it shall cause legal notice of the election to be published once in the fourteen (14) days prior to the election. The notice shall be published in a newspaper of general circulation in the city and shall include the date and time of the election, the name of the officer or agency calling the election and a sample ballot. The election authority may provide any additional notice of the election it deems desirable.
(Code 1970, § 8-20; Ord. No. 3714, §§ 1, 2, 5-13-02)
State law reference – Similar provisions, RSMo 115.519, 115.521.
Sec. 9-34. Certification of results.
(a) As soon as practicable after each election the election authority shall convene a verification board to verify the count and certify the results of the election.
(b) Not later than the second Tuesday after each election, the verification board shall issue a statement announcing the results of each election held within its jurisdiction and shall certify the returns to the city clerk. The city clerk shall issue to each person elected a certificate of election.
(c) The verification board shall prepare the returns by drawing an abstract of the votes cast for each candidate and on each question submitted to a vote of people in its jurisdiction. The abstract of votes drawn by the verification board shall be the official returns of the election.
(Code 1970, § 8-19)
State law reference – Similar provisions, RSMo 115.497, 115.507(1), 115.523(2).
Sec. 9-35. Failure of person elected to qualify within thirty days renders office vacant.
If a person elected fails to qualify within thirty (30) days after his election, the office shall be filled as if there were a vacancy in such office, as provided in section 2-28./p>
State law reference – Similar provisions, RSMo 78.540(1).
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