(a) Regular and Special Municipal Elections. General municipal elections for the purpose of the election of officers provided for in this charter shall be held on the first Tuesday after the first Monday in November in each odd-numbered year and shall be known as regular municipal elections. Except for primary elections, all other elections held under the provisions of this charter or as may be required by law shall be known as special municipal elections.
(b) Primary Elections. On the second Tuesday in September prior to each general municipal election, a primary election shall be held for the purpose of nominating persons, without regard to political parties, for election to offices provided for by this charter to be voted for at the next regular municipal election.
The number of candidates for the offices of mayor, each of the four ward councilmembers, and judge of the Lakewood Municipal Court at any regular municipal election shall be the two persons on the primary election ballot receiving the highest number of votes at the primary election. The number of candidates for the office of councilmember at large at any regular municipal election in the city shall be the six candidates on the primary ballot receiving the highest number of votes at the primary election.
In case there shall not be more than two persons who have filed petitions for the office of mayor, any of the offices of the ward councilmembers, or judge of the Lakewood Municipal Court, then those persons shall be the candidates at the regular municipal election and the primary for the particular office shall not be held. In case there shall not be more than six persons who have filed petitions for the office of councilmember at large, then those persons shall be the candidates at the regular municipal election and the primary for that office shall not be held.
(c) Election Procedures. Write-in votes for municipal candidates in regular municipal elections shall be permitted only if a duly nominated candidate cannot participate due to death or other disqualification, or if a candidate does not have an opponent, or if no candidate has been nominated. The ballots used in the primary and regular municipal elections shall be without party mark or designation. The names of all candidates shall be placed upon the same ballot and shall be rotated in the manner provided by general law.
(d) Certificate of Nomination when no Primary is Held. In the event a primary election is not held, the county board of elections shall declare each candidate to be nominated, issue appropriate certificates of nomination to them and certify their names in order that they be printed on the official ballots provided for use in the regular municipal election, as if a primary election had been held and each person had been nominated at that election.
(e) Designation of Candidates. Candidates for nominations to elective offices provided for in this charter shall have their names printed on the official primary ballot by filing a declaration of candidacy, meeting all required qualifications and paying any required filing fees.
(f) Declarations of Candidacy. Candidates for the offices of mayor and member of council shall, not later than 4:00 p.m. of the 90th day before the day of the municipal primary election, file a declaration of candidacy. Except as otherwise required by this charter, the general law of the state shall govern declarations of candidacy. Nominations for each elective municipal office shall be made by petition only, on standard forms provided by the county board of elections for the nomination of nonpartisan candidates. Declarations of candidacy for write-in candidates shall be made on standard forms provided by the county board of elections and submitted within a period of time prescribed by the general law of the state.
(g) Ballot Form. Except as otherwise required by this charter, the form of the ballot at primary, special and regular municipal elections shall be determined by the election authorities in accordance with general law.
(h) Nomination and Election of Judges. Candidates for judge of the Lakewood Municipal Court shall file a declaration of candidacy and be nominated by petition signed by at least 200 registered voters of the city. The petition or petitions when filed shall be accompanied by the written acceptance of the nominee. Each signer of a petition shall sign his or her name and after his or her name designate his or her residence. The petition or petitions shall be filed with the county board of elections as one instrument not later than 4:00 p.m. of the 90th day before the day of the municipal primary election for the office of judge. The names of all nominated candidates shall appear on a nonpartisan judicial ballot in the regular municipal election.
(Ord. 07-19. Passed 4-15-19)
(a) Right to Initiative. Any proposed ordinance or resolution on matters that the city is authorized by law to control by legislative action may be submitted to council by a petition signed by registered voters of the city equal in number to at least 5 percent of the total votes cast for the office of mayor at the last regular municipal election at which a mayor was elected.
(b) Form of Initiative Petition. Petitions submitting proposed legislation to council shall be filed with the clerk of council. Signatures to a petition need not all be appended to one paper, but all petition papers circulated regarding any proposed legislation shall be uniform in character and shall contain the proposed legislation in full. There shall appear on the petition the names and addresses of at least five registered voters of the city who shall be officially regarded as filing the petition and shall constitute a committee of the petitioners for the purposes set forth in this section.
(c) Signatures to Initiative Petition. Each signer of an initiative petition shall sign his or her name in ink, and shall place his or her residence address on the petition paper after his or her name. To each petition paper there shall be attached an affidavit by the circulator of the petition stating the number of signers to that part of the petition and that each signature appended to the paper is the genuine signature of the person whose name it purports to be, and was made in the presence of the circulator.
(d) Filing of Initiative Petition. All papers constituting an initiative petition shall be assembled and filed with the clerk of council as one instrument. Within 10 days of the filing of a petition the clerk shall transmit all the papers constituting the petition with a certified copy of the text of the proposed legislation to the county board of elections. The board shall examine all signatures on the petition to determine the number of registered voters of the city who signed the petition. The board shall return the petition to the clerk within 10 days after receiving it, together with a statement attesting to the number of registered voters of the city who signed the petition. Upon receipt of the statement from the board of elections, the clerk shall endorse upon the petition a certificate of the result by showing the number of signatures required and the number of registered voters the board of elections has determined signed the petition.
(e) Additional Initiative Signatures. If the clerk's certificate shows that the petition contains insufficient valid signatures in its support, the clerk shall at once notify each member of the committee described in Section 9.2(b) by depositing the notice in the United States mail with postage prepaid and by sending to an email address indicated to be sufficient for notice by the member of the committee. The committee shall have 15 days after the notice of insufficient valid signatures is sent to file petitions containing additional signatures with the clerk. Within 10 days after the filing of these additional signatures, the clerk shall transmit all the additional petitions to the county board of elections. The board shall examine all signatures on the additional petitions to determine the number of registered voters of the city who signed the additional petitions. The board shall return the additional petitions to the clerk within 10 days after receiving them, together with a statement attesting to the number of registered voters of the city who signed the additional petitions. If the signatures are still insufficient, or if no further petitions have been filed, the clerk shall file the petition in the clerk's office and shall notify, in the manner specified above, each member of the committee of that fact. The final finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose.
(f) Hearing by Council Committee. When the certificate of the clerk shows the petition and supplemental petition, if any, to be sufficient, the clerk shall submit the proposed ordinance or resolution to council at its next regular meeting and council shall at once read and refer the legislation to an appropriate committee. There shall be at least one public hearing on the proposed legislation before the committee to which it is referred. The committee shall then report the proposed legislation to council with its recommendation, not later than the third regular meeting of council following that at which the proposed legislation was submitted to council by the clerk.
(g) Action by Council. Upon receiving the proposed legislation from the committee council shall at once proceed to consider it and shall take final action on the legislation within 30 days from the date of the committee report.
(h) Power of Council and Committee. If council rejects the proposed legislation or passes it in a form different from that set forth in the petition, the committee of the petitioners may, as provided in this section, require that it be submitted to a vote of the registered voters in its original form, or that it be submitted to a vote of the registered voters with any proposed change, addition or amendment, which was presented in writing either at a public hearing before the committee to which the proposed legislation was referred, or during the consideration of the legislation by council.
(i) Certification; Supplemental Initiative Petition. When legislation proposed by petition is to be submitted to a vote of the registered voters, the committee of the petitioners shall certify that fact and the proposed legislation to the clerk of council within 30 days after council's final action on the proposed legislation and shall also file with the clerk a supplemental petition asking that the proposed legislation be submitted to popular vote. In the event the proposed legislation is in its original form, the supplemental petition must be signed by the number of registered voters of the city whose signatures, added to the number of signatures of those who signed the original petition submitted pursuant to this section, equal 10 percent of the total votes cast for the office of mayor at the last regular municipal election at which a mayor was elected. In the event the proposed legislation is different from its original form, the supplemental petition must contain the proposed legislation in full and be signed by at least the number of registered voters of the city who equal 10 percent of the total votes cast for the office of mayor at the last regular municipal election at which a mayor was elected. In all other respects, supplemental petitions shall be in the form, signed in the same manner and verified by the circulator all as required of original petitions. The sufficiency of any supplemental petition shall be determined, and it may be further supported, in the manner provided for original petitions for proposing legislation to council.
(j) Submission to Registered Voters. When the certificate of the clerk shows the petition and supplemental petition, if any, to be sufficient, the clerk shall certify the fact to council at its next regular meeting. If a primary, special, regular municipal or other general election is to be held not more than six months after the receipt of the clerk's certificate by council, provided the deadline imposed by the county board of elections for filing ballot issues has not passed, the proposed legislation shall then be submitted to a vote of the registered voters. If no election is to be held within that time, council may provide for submitting the proposed legislation to the registered voters at a special election not sooner than 60 days after the receipt of the clerk's certificate by council and not later than the next primary, regular municipal or other general election, whichever of these elections comes first. If no other provision is made as to the time of submitting proposed legislation to a vote of the registered voters, it shall be submitted at the next primary, regular municipal or other general election.
If a majority of the registered voters voting on any legislation proposed under this section shall vote in favor of the proposal, it shall become an ordinance or resolution of the city. If the provisions of two or more pieces of legislation adopted or approved at the same election conflict, the provisions of the legislation receiving the highest number of affirmative votes shall prevail.
(k) Ballot Form. The ballots used when voting upon any legislation proposed under this section shall state the title of the legislation and be in a form created by the county board of elections in accordance with general law in order to determine whether the registered voters are for the legislation or against the legislation.
(l) Repealing Ordinances. Proposed legislation for repealing any existing legislation in whole or in part may be submitted to council as provided in this section.
(m) Publication, Amendment or Repeal. Ordinances or resolutions adopted as provided in this section shall be published and may be amended or repealed by council as in the case of other ordinances and resolutions.
(a) Right to Referendum. A petition requesting the repeal of an existing ordinance or resolution may be filed with the clerk of council at any time within 40 days after the adoption of any ordinance or resolution by council; the expiration of the time within which it may be disapproved by the mayor; or its passage or adoption notwithstanding the disapproval by the mayor, as the case may be. The petition must be signed by registered voters of the city equal in number to at least 10 percent of the total votes cast for the office of mayor at the last regular municipal election at which a mayor was elected. The ordinance or resolution that is the subject of the petition shall not become operative until the steps in this section have been taken.
(b) Form of Referendum Petition. Petitions seeking a referendum vote on any ordinance or resolution shall be filed with the clerk of council. Signatures to a petition need not all be appended to one paper, but all petition papers circulated with respect to a referendum vote on any ordinance or resolution shall be uniform in character. It need not contain the text of the ordinance or resolution the repeal of which is sought, but shall contain the number assigned to the ordinance or resolution and its full title. There shall appear on the petition the names and addresses of at least five registered voters of the city who shall be officially regarded as filing the petition and shall constitute a committee of the petitioners for the purpose set forth in this section.
(c) Signatures to Referendum Petition. Each signer of a referendum petition shall sign his or her name in ink, and shall place his or her residence address on the petition paper after his or her name. The signatures to any petition paper need not all be appended to one paper, but to each paper there shall be attached an affidavit by the circulator of the petition stating the number of signers to that part of the petition and that each signature appended to the paper is the genuine signature of the person whose name it purports to be, and was made in the presence of the circulator.
(d) Filing of Referendum Petition. All papers constituting a petition shall be assembled and filed with the clerk of council as one instrument. Within 10 days after the filing of a petition the clerk shall transmit all the papers constituting the petition to the county board of elections. The board shall examine all signatures on the petition to determine the number of registered voters of the city who signed the petition. The board shall return the petition to the clerk within 10 days after receiving it, together with a statement attesting to the number of registered voters of the city who signed the petition. Upon receipt of the statement from the board of elections, the clerk shall endorse upon the petition a certificate of the result by showing the number of signatures required and the number of registered voters the board has determined signed the petition.
(e) Additional Referendum Signatures. If the clerk's certificate shows that the petition contains insufficient valid signatures in its support, the clerk shall at once notify each member of the committee described in Section 9.3(b) by depositing the notice in the United States mail with postage prepaid and by sending to an email address indicated to be sufficient for notice by the member of the committee. The committee shall have 15 days after the notice of insufficient valid signatures is sent to file petitions containing additional signatures with the clerk. Within 10 days after the filing of these additional signatures, the clerk shall transmit all the additional petitions to the county board of elections. The board shall examine all signatures on the additional petitions to determine the number of registered voters of the city who signed the additional petitions. The board shall return the additional petitions to the clerk within 10 days after receiving them, together with a statement attesting to the number of registered voters of the city who signed the additional petitions. If the signatures are still insufficient, or if no further petitions have been filed, the clerk shall file the petition in the clerk's office and shall notify, in the manner specified above, each member of the committee of that fact.
(f) Procedure. If the referendum petition is found sufficient, or is rendered sufficient by additional signatures as permitted in this section, the clerk shall certify that fact to council and place the ordinance or resolution on the next council docket for reconsideration. Council shall have 30 days within which to reconsider and at its discretion repeal the ordinance or resolution. If on reconsideration the ordinance or resolution is not entirely repealed, or if council takes no final or other action within the 30-day period, council shall submit the ordinance or resolution to a vote of the registered voters. If a primary, special, regular municipal or other general election is to be held not more than six months after the refusal of council to reconsider the ordinance or resolution, provided the deadline imposed by the county board of elections for filing ballot issues has not passed, the ordinance or resolution shall then be submitted to a vote of the registered voters. If no election is to be held within that time, council may submit the ordinance or resolution to the registered voters at a special election not sooner than 60 days after the receipt of the clerk's certificate by council and not later than the next primary, regular municipal or other general election, whichever of these elections comes first. If no other provision is made as to the time of submitting the ordinance or resolution to a vote of the registered voters, it shall be submitted at the next primary, regular municipal or other general election.
(g) Ballot Form. The ballots used when voting upon any ordinance or resolution proposed under this section shall state the title of the ordinance or resolution and be in a form created by the county board of elections in accordance with general law in order to determine whether the registered voters are for the ordinance or resolution or against the ordinance or resolution.
(h) Majority Vote. If a majority of registered voters shall vote against the ordinance or resolution that is the subject of referendum, it shall be deemed repealed.
(i) Enactments not Subject to Referendum. Notwithstanding any provisions to the contrary in Section 9.3(a), (k) or (l) or any other provisions of this charter, ordinances or resolutions enacted for the following purposes shall not be subject to referendum: to appropriate money for any lawful purpose; to create, revise or abolish departments or to provide regulations for their governance; to authorize the appointment of employees in any of the departments; to authorize or otherwise affect the issuance of bonds, notes or other debt instruments of the city; to authorize a contract for a public improvement or an expenditure of money which contract is to be paid or expenditure is to be made, in whole or part, from the proceeds of bonds, notes or other debt instruments of the city; and to provide for the payment of operating expenses of any department of the city.
(j) Initiated Legislation Subject to Referendum. Ordinances and resolutions submitted to council by initiative petition, as provided in Section 9.2, and passed by council without change, or passed in an amended form and not required to be submitted to a vote of the registered voters by a committee of the petitioners, shall be subject to referendum in the same manner as other ordinances and resolutions.
(k) Referendum of Measures Taking Early Effect. An ordinance or resolution that under Section 2.12 goes into effect earlier than 40 days after its passage and approval by the mayor, or the expiration of the time within which it may be disapproved by the mayor, or its passage notwithstanding the disapproval by the mayor, as the case may be, shall go into effect at the time indicated in the ordinance or resolution but shall be subject to referendum in the same manner as other ordinances and resolutions, except that it shall go into effect at the time indicated in the ordinance or resolution. If the ordinance or resolution is submitted to the registered voters and not approved, it shall be considered repealed and any further action under the ordinance or resolution shall cease; but the repealed ordinance or resolution shall be deemed sufficient au-thority for payment under the ordinance or resolution of any expense incurred, work done, or material or service furnished previous to the referendum.
(l) Acts Preliminary to Referendum Election. In case a petition is filed requiring that a measure passed by council providing for an expenditure of money or a public improvement be submitted to a vote of the registered voters, all steps preliminary to the actual expenditure or actual execution of a contract for the improvement may be taken prior to the election.
(a) Recall Procedure. Any elected officer provided for in this charter may be removed from office by the registered voters qualified to vote for the office as provided in this section. A petition demanding that the question of removing the officer be submitted to those qualified to vote for the office shall be addressed to council and filed with the clerk of council. The petition shall be signed by registered voters qualified to vote for the office and equal in number to at least 15 percent of the total votes cast at the last regular municipal election for the office of the officer sought to be recalled, in case the officer was elected by the voters of the entire city. The petition shall be signed by registered voters qualified to vote for the office and equal in number to at least 25 percent of the total votes cast by the voters of the officer's ward at the last regular municipal election for that office, if the officer was elected to a ward position. The question of the removal of any officer shall not be submitted to the registered voters until the officer has served one year of the term during which the person is sought to be recalled or, in case of an officer retained in a recall election, until one year after that recall election.
(b) Recall Petitions. Recall petition papers shall be procured from the clerk of council. Prior to the issuance of petition papers, an affidavit shall be made by one or more registered voters qualified to vote for the officer and filed with the clerk, stating the name and office of the officer sought to be removed. The clerk shall enter in a record maintained by the clerk the name of each registered voter to whom the petition paper was issued and shall certify upon each paper the name of each registered voter to whom the paper was issued and the date of issuance. No petition paper issued under this section shall be accepted as part of a petition unless it bears the clerk's certificate and is filed as provided in this section.
(c) Signatures to Recall Petition. Each signer of a recall petition shall sign his or her name in ink, and shall place his or her residence address on the petition paper after his or her name. The signatures to any petition paper need not all be appended to one paper, but to each paper there shall be attached an affidavit by the circulator of the petition stating the number of signers to that part of the petition and that each signature appended to the paper is the genuine signature of the person whose name it purports to be, and was made in the presence of the circulator.
(d) Filing of Recall Petition. All papers constituting a recall petition shall be assembled and filed with the clerk of council as one instrument within 30 days after the filing with the clerk the affidavit required by Section 9.4(b). Within 10 days after the filing of a petition the clerk shall transmit all the papers constituting the petition to the county board of elections. The board shall examine all signatures on the petition to determine the number of registered voters of the city or ward who signed the petition. The board shall return the petition to the clerk within 10 days after receiving it, together with a statement attesting to the number of registered voters of the city or ward who signed the petition. Upon receipt of the statement from the board of elections, the clerk shall endorse upon the petition a certificate of the result by showing the number of signatures required and the number of qualified registered voters the board of elections has determined signed the petition. If the clerk's certificate shows that the petition contains insufficient valid signatures in its support, the clerk shall at once notify each person to whom the petition paper was issued pursuant to Section 9.4(b) by depositing the notice in United States mail with postage prepaid and by sending to an email address indicated to be sufficient for notice by any person to whom the petition paper was issued.
(e) Supplemental Recall Petitions. In the event the initial petition contained insufficient signatures, it may be supported by supplemental signatures of qualified registered voters signed in the manner required in Section 9.4(c) appended to petitions issued, signed and filed as required for the original petition within 15 days after the date of the notice of insufficiency by the clerk. Within 10 days after the filing of these additional signatures, the clerk shall transmit all the additional petitions to the county board of elections. The board shall examine all signatures on the additional petitions to determine the number of registered voters of the city or ward who signed the additional petitions. The board shall return the additional petitions to the clerk within 10 days after receiving them, together with a statement attesting to the number of registered voters of the city or ward who signed the additional petitions. If the signatures are still insufficient, the clerk shall notify each person to whom the original petition paper was issued pursuant to Section 9.4(b) in the manner described in Section 9.4(d). The final finding of the insufficiency of a recall petition shall not prejudice the filing of a new petition for the same purpose, provided that no new petition shall be filed by any of the same persons within one year after the final finding of insufficiency.
(f) Recall Election. If a recall petition or supplemental petition shall be certified by the clerk to be sufficient, the clerk shall at once submit the petition with a certificate to council and shall notify the officer sought to be recalled of the recall action. If the officer whose removal is sought does not resign within five days after this notice, council shall order and fix a day for holding a recall election. Any recall election shall be held not less than 60 nor more than 90 days after the petition has been presented to council, whether at a primary, regular municipal or other general election or, if none of these elections shall occur within 90 days after the petition has been presented to council, at a special recall election called by council. The recall election shall be submitted to the registered voters of the entire city if the officer to be recalled was elected by the voters of the entire city, and the recall election shall be submitted to the registered voters of a single ward if the officer to be recalled was elected by the voters of a single ward. The county board of elections shall publish notice and make all arrangements for holding the recall election, which shall be conducted in all other respects as are special municipal elections.
(g) Ballots. The ballots at any recall election shall be in a form created by the county board of elections in accordance with general law in order to determine whether the officer whose removal is sought shall be recalled from office.
(h) Succeeding Officer. If the incumbent officer is not recalled in a recall election, he or she shall continue in office for the remainder of his or her unexpired term, subject to recall except as provided in this charter. If the incumbent officer is recalled in the recall election, he or she shall be deemed removed from office upon the announcement of the official canvass of that election, and the office shall be filled as in the case of permanent vacancies, except that the recalled officer may not be appointed to fill the vacancy.