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Counting the ballots cast at every election held under the authority of this Charter shall be administered as provided by the general laws of the State of Ohio. The candidate having the largest number of votes for each office voted upon at the regular Municipal election shall be declared elected to the office. In case it cannot be determined which of two or more candidates shall be declared elected, by reason of the fact that they have received the same number of votes, the election authorities shall determine by lot which of the candidates shall be declared elected.
(Effective April 28, 2020)
All elections provided for by this Charter, whether for the choice of officers or the submission of questions to the voters, shall be conducted by the election authorities prescribed by general law of the State; and the provisions of the general election laws of the State shall apply to all the elections except as provision is otherwise made by this Charter, and except further that the Council may, by ordinance, provide measures to promote and insure the purity and integrity of the ballot, and against corrupt practices in elections.
(Effective November 4, 2008)
The Mayor or any member of the Council may be removed from office by the electors of the City. The procedure for effecting such a removal shall be as follows:
Any elector of the City may make and file with the Clerk of the Council an affidavit stating the name of the officer whose removal is sought and the grounds alleged for such removal. The Clerk shall thereupon deliver to the elector making the affidavit copies of petition papers for demanding such a removal, printed copies of which he shall keep on file for distribution as herein provided. In issuing any such petition paper, the Clerk shall enter in a record to be kept in his office the name of the elector to whom issued, the date of issuance, and the number of papers issued, and shall certify upon each such paper the name of the elector to whom issued and the date of issuance. No petition paper shall be accepted as part of a petition unless it bears such certificate of the Clerk and unless filed as hereinafter provided.
(Effective November 8, 1994)
A petition demanding the removal of the Mayor or a member of the Council shall be known as a recall petition. A recall petition to be effective must be returned and filed with the City Clerk within thirty days after the filing of the affidavit as provided in the next preceding section, and to be sufficient, must bear the signatures of not less than twenty percent of those who voted in the City or ward respectively at the last preceding regular Municipal election. Within ten (10) days from the date of the filing of such petition, the Clerk shall determine the sufficiency thereof and attach thereto a certificate showing the result of his examination. If the Clerk shall certify that the petition is insufficient he shall set forth in the certificate the particulars in which the petition is defective, and shall return a copy of the certificate to the person designated in such petition to receive it. Such recall petition may be amended at any time within twenty (20) days after the return of a copy of the certificate of insufficiency by filing a supplementary petition upon additional petition papers, issued, signed and filed as provided herein for the original petition. The Clerk shall, within ten (10) days after such amendment is filed, make like examination of the amended petition, and if his certificate shall show the same to be still insufficient, he shall return it to the person designated in such petition to receive it, without prejudice, however, to the filing of a new petition for the same purpose.
(Effective November 9, 1931)
If a recall petition, or amended petition, shall be certified by the Clerk to be sufficient he shall at once submit it to the Council with his certificate to that effect and shall notify the person whose removal is sought by such action. If the person whose removal is sought does not resign within five days after such notice the Council shall thereupon order and fix a day for holding a recall election. Any such election shall be held not less than forty nor more than sixty days after the petition has been presented to the Council, at the same time as any other general or special election held within such period but, if no such election be held within such period, the Council shall call a special election to be held within the time aforesaid.
(Effective November 9, 1931)
The question of recalling the Mayor and any number of members of the Council may be submitted at the same election, but as to each person whose removal is sought a separate petition shall be filed and provision shall be made for an entirely separate ballot.
(Effective November 9, 1931)
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