NOMINATION AND ELECTION OF OFFICERS

Nomination by Primary Election.

   Section 53.   Any elector of this municipality save and except as is hereinbefore provided may become a candidate for any elective office herein provided for and have his name printed upon the primary ballot, which ballot shall be printed without party designation, by filing with the board of elections a petition signed by at least two (2) per centum of the total vote cast for mayor at the last municipal general election, provided that a petition for a candidate for councilmember from a ward shall be signed by two (2) per centum of the total vote cast for mayor within that ward in which the candidate seeks to run. Those candidates equal to twice the number of places to be filled in each office, who respectively received the highest number of votes for each office at the primary election, shall have their names printed upon the ballots for the general election, provided that in case of a tie vote at such primary election, all persons receiving such equal number of votes shall have their names printed upon the ballots for the general election, and provided further that in case fewer than twice the number of places to be filled in each office are voted for at such primary election, then all such names voted for shall be placed upon the ballots for the general election. All nominating petitions shall be signed, filed and verified and each candidate’s declaration to qualify if nominated and elected shall be filed and verified in the manner prescribed by State law at least seventy-five days prior to the date of holding such primary election. The names of all candidates upon such primary ballots shall be placed under their proper and respective designation indicating the office to be filled and the number to be voted for and in proper rotation as provided for by State law, and such primary election shall be held in the manner prescribed by State law except as herein provided.

(Amended 1-1-1944; 11-8-1994)

   Section 53A.   In the event there are no more than two candidates for each elective office, the city council may, at its option, declare the primary election unnecessary and said primary election shall not be held.

(Adopted 1-1-1944)

Nomination by Petition.

   Section 54.   Any elector of this municipality save and except as is hereinbefore provided, may become a candidate for any elective office provided for by this charter by filing with the board of deputy state supervisors a nomination petition signed by not less than one (1) per centum of the total number of votes cast for mayor at the last regular municipal election for the first election thereunder and twenty-five (25) per centum for all succeeding years. Such nomination by petition shall in all particulars conform to the requirements prescribed by general law.

Regular Elections.

   Section 55.   All officers provided to be elected in this charter shall be elected upon one ballot without party designation. The names of all candidates nominated by primary election or by petition as herein provided shall be placed upon the general election ballot under the proper heading designating the office to be filled and the number of persons to be voted for and the names of candidates shall be printed in rotation as required by State law. The ballots shall in all other respects conform as nearly as may be to the form prescribed by the election laws of the State, and the general election shall be held and its results determined as prescribed by State law.

(Amended 11-8-1994)

Special Elections.

   Section 56.   All other elections held under this charter, except those designated as regular municipal and primary elections, shall be known as special municipal elections and, except as otherwise provided herein, shall be conducted and the results canvassed and announced by the election authorities as prescribed by the general election laws of the State.

The Recall.

   Section 57.   Any elective officer or officers provided for in this charter may be removed by the qualified electors of this municipality and his or their successor or successors elected in the following manner:

   Section 58.   A petition demanding the removal of such officer or officers shall be filed with the clerk of the council signed by at least thirty-five (35) per centum of the qualified voters of the municipality, based upon the number of votes cast for mayor at the last municipal election, and containing a general statement of not more than two hundred words of the ground upon which the removal is sought.

   Section 59.   Such petition shall be secured from the clerk of council by one or more qualified electors who shall file an affidavit stating the name and office of the officer or officers sought to be removed. Upon issuing such petition papers to an elector or electors, the clerk shall make record of same and to whom issued, and shall certify on such petitions the name of the elector or electors to whom issued and the date.

   Section 60.   The signatures to such petitions need not be appended to any one paper, but all such signatures shall be made in ink or indelible pencil, and to each petition paper shall be attached the affidavit of the circulator thereof, stating the number of signers to such part of the petition and that each signature appended to the paper was made in his presence and is the genuine signature of the person whose name it purports to be.

   Section 61.   All petition papers comprising a recall petition shall be assembled and filed with the clerk within thirty days from the issuance of the petitions to the electors filing the demand of removal. The clerk shall forthwith present the complete petition for recall to the council and if the form, regularity, and sufficiency of the petition shall be found sufficient the person or persons whose removal is sought shall be notified by the clerk within five days. If the person, or persons, whose removal is sought does not resign within five days after receiving official notice of the sufficiency of the recall petition, the council shall thereupon order and fix by resolution a day for a recall election and such election shall be held not less than forty nor more than sixty days after the filing of the complete petition with the council.

   Section 62.   The ballot at such recall election shall conform to the following requirements:

   With respect to each person whose removal is sought the question shall be submitted, “Shall (name of person) be removed from office (name of office) by recall?”

   Immediately following each such question shall be printed or appended to any one paper, but all such signatures shall be made the ballot in the order set forth in the following propositions:

   For the recall of (name of person).

    Against the recall of (name of person).

    Before each such question shall be printed a square in which the electors by placing a cross mark (X) may vote for either of such propositions.

    The name of the officer whose removal is sought shall not appear on the ballot as a candidate to succeed himself.

   Section 63.   Immediately under such questions and propositions shall be placed the names of candidates to fill the vacancy or vacancies. Candidates for such vacancy shall be nominated by petition by filing with the proper election authorities at least twenty days prior to such recall election, a petition containing not less than ten (10) per centrum of the total vote cast for mayor at the last election. Such nominating petition shall in all other particulars conform to the general statutes of the State governing nominations by petition.

   Section 64.   If the majority of the votes cast at such recall election shall be in the affirmative such officers shall be deemed removed and the office vacant immediately upon the announcement of the official canvass of the election. The candidate receiving the plurality of all votes cast for persons to fill such vacancy shall be declared elected and shall at once succeed to the office and shall continue in office for the unexpired term of the person removed.

   Section 65.   No petition for the removal of an officer shall be filed earlier than six months after the date of his entrance upon the duties of the office.

   Section 66.   Except as herein provided for the general election laws of the State shall determine the manner of holding the recall election and the board of deputy supervisors shall conduct the same according to law.

The Initiative.

   Section 67.   Any proposed ordinance for legislative enactment or any proposed ordinance or ordinances for repealing any existing ordinance or ordinances in whole or in part may be submitted to the council by petition signed by not less than ten (10) per centrum of the qualified electors of the city based upon the number of votes cast for mayor at the last preceding municipal election.

   Section 68.   The form of such proposed ordinance shall be in proper legal language approved by the director of law, or upon request of the persons desiring to propose such ordinance shall be drawn by him in due form and the director of law shall render such other service as may be requested by petitioners.

   Section 69.   The petition presenting the proposed ordinance shall contain such ordinance in full together with a statement containing not more than two hundred words giving the petitioner’s reason why such ordinance should be adopted. Such petition shall be filed with the director of law who shall at once note the date of filing the same with him thereon and who shall determine the form, sufficiency and legality of the same. If not found in proper form he shall return the same to petitioners for correction. If of proper form he shall certify the same to the city council. The director of law shall pass upon the petition and return the same to petitioner for correction or certify same to the council within five days of the filing of the same with him.

   Section 70.   The council shall either pass such proposed ordinance without alteration within thirty days after the sufficiency of the petition has been determined and certified to it; or, within thirty days after such certification the council shall call a special election, unless a general or regular primary election shall be held within six months hereafter, and at such special, primary, or general election such proposed ordinance shall be submitted without alteration to a vote of the electors of the city.

    If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, it shall thereupon become a valid and binding ordinance of the city. If the provisions of two or more ordinances adopted at the same election conflict the ordinance receiving the largest affirmative vote shall prevail. Any number of proposed ordinances may be voted upon at the same election and all such elections shall be held and the result determined in accordance with general law, provided that there shall not be more than one special election for such purpose in any period of one year.

   Section 71.   The form of the initiative petition, the circulating thereof and securing of signatures to the same, and the form of the ballot to be used in submitting a proposed ordinance to the electors of the city shall be in accordance with and determined by the general laws governing the initiative in State measures.