Loading...
(1) The regular elections for electing the Mayor and members of City Council shall be by non-partisan ballot, and in accordance with the statutes of the State of West Virginia, and shall be held at the same time as County and State primary elections are held.
(2) The Mayor and members of Council shall be elected at intervals of four years in conjunction with County and State primary elections, and their terms shall begin on the first day of July of that election year;
(3) Every person qualified pursuant to West Virginia Code §3- 1-3 and who has been duly registered to vote, shall be entitled to vote at all elections held for the City of St. Albans provided, however, that only persons who are registered to vote with the Kanawha County precinct encompassing the City of St. Albans may vote on City of St. Albans candidates or valid items which are specific to the City of St. Albans.
(4) Pursuant to West Virginia Code §8-5-13 the conduct of all city elections shall be registered with the City of St. Albans with permanent registered voters as set out in West Virginia Code Article 3-2 provision of which insofar as they are applicable to this City are hereby adopted and made part of this Article.
(5) Pursuant to the provisions of West Virginia Code §8-5-14 in Chapter 3, referring more particularly to Primary Elections shall, in so much said they can be applied, govern by the conduct of the elections for the City of St. Albans so administered.
(6) All provisions of the West Virginia Code applicable to elections shall apply to the City of St. Albans elections and shall be handled by the Kanawha County Election Officials.
(Ord. 2023-10. Passed 11-20-23.)
(1) Candidate Filing Period: Not earlier than second Monday in January and not later than last Saturday in January preceding primary election, candidates for nomination or election in the Primary Election must file certificates of announcement of candidacy and filing fee with:
The City Clerk of the City of St. Albans.
(2) Hours for in-person Filing: Regular business hours of the Clerk during the year of the primary election. The final day, the last Saturday of January, shall be 9:00 a.m. to Noon at the City Clerk's Office.
(3) Mailed Certificate of Announcement Deadline: Must be postmarked by the U.S. Postal Service before midnight E.S.T. on the last Saturday of January in the election year.
Candidates unable to pay filing fee must provide an oath stating he or she is unable to pay fee due to lack of financial resources and receive in-lieu-of-filing-fee petition forms and instructions on gathering signatures. Candidates shall file petitions with required number of signatures by the close of filing on the last Saturday of January in the election year. (Ord. 2023-11. Passed 11-20-23.)
A new party may place candidates for any office upon the ballot at the general election by filing a petition therefor, signed by at least ten (10%) percent of the registered voters on the date of the last preceding regular municipal election, and containing the names of the candidates for such offices, with the Clerk at least twenty days prior to the date set for such general election, and paying the proper filing fees therefor. If any candidate of such new party for the office of Mayor receives more than ten percent of the votes cast for all candidates for his office, the new party shall be established as a qualified political party at the next municipal election. If the candidate for Mayor of any party fails to poll more than ten percent of the votes cast for all candidates for that office at any general election, such party shall be dropped from the ballot at the next municipal election, unless placed on the ballot by petition as a new party.
At the date of the adoption of this Charter, two parties shall be considered as the qualified parties in the next municipal election, to-wit; the peoples party and the citizens party. Any other party may be placed on the ballot by petition, as provided in this Charter.
(1) Upon petition, signed and dated in their own handwriting by not less than ten percent of all of the registered voters in the City, any matter which is the proper subject of one ordinance, as set out in this Charter, shall be submitted to the Council in the manner hereinafter provided, which the Council shall either adopt without alteration, or refer to a vote of the people, without alteration.
(2) Such petition shall not be circulated by any officer of the City; the office of any officer so doing shall be forthwith vacated as the penalty therefor.
(3) Such petition shall contain the residence address of each signer, and shall be filed with the Clerk within sixty days from the date the first signature was affixed thereto.
(4) Within fifteen days next following such filing, a committee, composed of the Clerk, one member appointed by the Mayor, and two members chosen by the Council, shall determine by careful examination, the sufficiency or insufficiency of such petition, and shall report its findings to the Council in a certificate signed by a majority of the members thereof, dated and attached thereto. If such petition be found insufficient, the particulars of such insufficiency shall be stated in such certificate. The petition may be amended within ten days from the date of such certificate, and refiled with the Clerk; provided, however, that any petition may be refiled only once. Upon finding such petition sufficient the committee shall so state in its certificate, signed by a majority of the members thereof, and shall submit the petition, with the attached certificate, to the Council at its next regular meeting. The finding of the committee shall not be final until approved by the Council.
(5) The proposed ordinance contained in such petition shall be passed without alteration by the Council, or shall be submitted, without alteration, by the Council to the voters in the City, within sixty days from the date of its filing with the Clerk. If a regular election is to be held within ninety days from the date of the action of the Council, such ordinance shall be voted upon at such election; if such regular election is not to be held within ninety days from the date of the action of the Council, then the Council shall forthwith call a special election, to be held within sixty days thereafter.
(6) Notice of the vote on such ordinance, at either a regular or special election, shall be given for at least thirty days prior to such election. Such notice shall set out the ordinance verbatim, shall state the date and time of the election, the form of ballot to be used, and such other pertinent matter as the Council may determine or as may be required in the petition. Such notice shall be published, once each week for four successive weeks, in two newspapers of general circulation in the City, if such there be, and shall be posted at some prominent and public place in each voting precinct in the City, at least thirty days prior to the election.
(7) Not more than one special election may be called in any period of six months.
(8) Such ordinance, if adopted by a majority of the persons voting at the election therefor, shall go into effect on the tenth day following its adoption, unless otherwise therein provided. Such ordinance shall not be altered or repealed within six months from its effective date, by the Council, nor thereafter except by vote of two-thirds of all members of the Council. The Council may submit the question of the amendment or repeal of such ordinance to the voters at any regular election, or at a special election called for that purpose, after notice thereof has been given as hereinabove provided.
(1) Upon petition, signed and dated in their own handwriting by not less than twenty percent of all of the registered voters in the City, an elective officer of the City may be recalled.
(2) Such petition shall not be circulated by any officer of the City; the office of any officer so doing shall be forthwith vacated as the penalty therefor.
(3) Such petition shall contain the residence address of each signer, and shall be filed with the Clerk within sixty days from the date the first signature was affixed thereto.
(4) Within fifteen days next following such filing, a committee, composed of the Clerk, one member appointed by the Mayor, and two members chosen by the Council shall determine by careful examination, the sufficiency or insufficiency of such petition, and shall report its findings in a certificate signed by a majority of the members thereof, dated and attached thereto. If such petition be found insufficient, the particulars of such insufficiency shall be stated in such certificate. The petition may be amended within ten days from the date of such certificate, and refiled with the Clerk; provided, however, that any petition may be refiled only once. Upon finding said petition sufficient, the committee shall so state in its certificate, signed by a majority of the members thereof, and shall submit the petition, with the attached certificate, to the Council at its next regular meeting. The finding of the committee shall not be final until approved by the Council.
(5) Within sixty days after such petition is filed with the Clerk, the Council shall provide for the nomination of candidates for the office in question, by a special primary election, and shall set the date for such nomination primary, to be within ninety days after such petition is filed with the Clerk. Any qualified person may become a candidate for such office filing therefor with the Clerk, as for any other elective office in the City. The incumbent, unless he withdraws his candidacy in writing, shall be considered a candidate for re-election to such office, and his name placed on the ballot at the general election. The candidate receiving the highest number of votes in each party at the primary election shall run against the incumbent; if the incumbent withdraws, the candidates for each party receiving the highest number of votes in the primary shall oppose each other. If the incumbent receives the highest number of votes, he shall continue in office. If another candidate receives the highest number of votes, he shall, upon qualifying within ten days thereafter, succeed the incumbent in the office and hold the office for the unexpired term.
(6) No such recall election shall be held until the officer sought to be recalled has been in office for a period of six months, and only one such election shall be held with respect to an officer during his term of office.
The Mayor shall be chief executive officer of the City. He shall see, except as is herein otherwise provided, that the laws and ordinances of the City are enforced; that the peace and good order of the City are preserved and that persons and property therein are protected, and he shall perform such other duties and services as the Council may ordain or as provided by law, in addition to the duties prescribed in this Charter and not inconsistent herewith. He shall, from time to time recommend to the Council such measures as he may deem needful for the welfare of the City. In the absence of the Mayor, or should he not be able to perform his official duties, the Vice- Mayor shall perform any and all duties of the Mayor. In the absence of both the Mayor and the Vice-Mayor, or should they both be not able to perform their official duties, the Clerk shall perform any and all duties of the Mayor except that of presiding over the Council. If the Mayor, Vice-Mayor and the Clerk are all absent from the City or otherwise disabled from performing the duties of the Mayor, the Council may elect a Mayor Pro Tempore.
Loading...