[1959 Code, secs. 314 through 335. 1951,
Ch. 534, secs. 33 through 54. 1953, ch. 105]. [Amended 9-9-1963 by Res. No.
25; 11-14-1966 by Res. No. 83; 2-14-1972 by Res. No. 152; 7-22-1974 by Res. No. 178; 10-28-1974 by Res. No. 181; 6-28-1977 by Res. No.
197; 9-28-1987 by Res. No. 304; 6-3-1993 by Res. No. 426; 11-8-1993 by Res. No. 438; 3-13-1995 by Res. No. 484; 12-20-1995 by Res. No.
516; 1-10-2000 by Res. No. 688]
Every person who is a citizen of the United
States; is at least eighteen (18) years of age; has resided within
the corporate limits of the city for thirty (30) consecutive days
next preceding any city election; and is registered in accordance
with the provisions of this Charter, shall be a duly qualified voter
of the city. Every duly qualified voter of the city shall be entitled
to vote at any or all city elections.
[Board of Supervisors of Elections.]
The Mayor with the advice and consent of the
Council shall appoint three (3) resident and qualified voters of the
city to serve as a City of Salisbury Election Board. The term of the
members shall be six (6) years staggered. Any vacancy during the unexpired
term of a member shall be filled by the Mayor with the advice and
consent of the Council for the remainder of the term. All members
shall serve until their successors are appointed and qualified. No
more than two (2) members of the City Board shall be of the same political
party. The compensation of the City Board shall be determined by the
Council.
The duties of the City of Salisbury Election
Board shall be set forth in Chapter 1.08 of the Salisbury City Code,
as the same shall be amended from time to time.
The City Council shall determine the method
and manner of the registration of the city voters, all of which shall
be set forth in Chapter 1.08 of the Salisbury City Code, as the same
shall be amended from time to time.
The Council shall have the power by ordinance
to conduct elections and to govern all aspects thereof, which provisions
shall be set forth in Chanter 1.08 of the Salisbury City Code, as
the same shall be amended from time to time.
[Amended 8-11-2008 by Res. No. 1685]
No person shall be a candidate for any public
office in the government of the City of Salisbury unless he or she
shall file a certificate of nomination with the City Clerk on or before
4:30 p.m. on the eleventh Tuesday prior to the date for the general
city election. The certificate of nomination shall contain the person's
name, address, the name of the office the person is seeking, a statement
that the person is qualified to be a candidate for that office and
the signature of the person. No person shall file for nomination to
more than one (1) elective city office or hold more than one (1) elective
city office at one time.
[1]
Editor’s Note: Former § SC6-7, Primary elections,
as amended 11-13-2000 by Res. No. 742; 2-22-2010 by Res. No. 1889;
and 6-11-2012 by Res. No. 2170, was repealed 3-23-2015 by Res. No.
2015-3.
Every candidate for the office of Mayor, at
the time of filing his or her certificate of nomination, as set forth
above, shall pay to the City Clerk the sum of twenty-five dollars
($25.). Every candidate for the Councilmember, at the time of filing
his or her certificate of nomination, as set forth above, shall pay
to the City Clerk the sum of fifteen dollars ($15.).
[Amended 11-13-2000 by Res. No. 742; 2-22-2010 by Res. No.
1889; 6-11-2012 by Res. No. 2170; 4-25-2022 by Res. No. 2022-3]
The voters of the City shall, on the first Tuesday in November
in the year 2023 and in each fourth year thereafter, elect a Mayor,
whose term of office shall be for four (4) years and until his or
her successor is elected and qualified, and five Councilmembers, whose
terms of office shall be for four years until their successors are
elected and qualified.
All elections shall be held and conducted in accordance with
the provisions of this Charter, the City Code, and applicable ordinances,
which may include provisions for early voting.
The City Clerk shall, by publication in one
(1) or more newspapers published in the City of Salisbury at least
ten (10) days prior to holding any general or special election, give
notice thereof, stating the object of said election and the time and
place and hours of the same.
[Amended 3-23-2015 by Res. No. 2015-3]
Challengers and watchers representing the candidates
in any city election shall be allowed to be present at the several
voting places during the voting and counting of the ballots as provided
by law with respect to general elections.
In case of a vacancy for any reason in the Council,
the Council, within four (4) weeks of the occurrence of the vacancy,
shall elect some qualified person to fill such vacancy for the unexpired
term. In case of a vacancy for any reason in the office of Mayor,
the Council, within four (4) weeks of the occurrence of the vacancy,
shall elect some qualified person to serve as Acting Mayor for the
unexpired term. Any vacancies in either the Council or the office
of Mayor shall be filled by a majority vote of all the members of
the Council. In case the Mayor or any Councilman shall fail to qualify
within five (5) days of notification of election, a vacancy shall
exist to be filled as provided in this section. The Council shall
immediately certify any vote so taken to the City Clerk. The City
Clerk shall record the vote and shall forthwith notify the person
so elected, who shall, within five (5) days of notice, qualify in
the manner as regularly elected city officials.
[Amended 9-27-2004 by Res. No. 1153]
The Mayor or a member of the City Council may
be recalled from office (removed) in accordance with the following
procedure:
A.
Definitions. The following words and phrases shall
have for the purposes of this subsection, the following meanings:
(1)
"Circulator" means a qualified registered voter of
the City who obtains signatures of those voters who wish to sign a
petition to recall a City Official.
(2)
"City Official" means a person who is serving as the
Mayor or a member of the City Council.
(3)
"Initiator" means a qualified registered voter of
the City who initiates a petition to recall a City Official.
(4)
"Petition" means a petition to recall a City Official.
(5)
"Reaffirmation Vote" means an election following the
submission of a successful recall petition to determine if a City
Official will be "reaffirmed" or "removed" from office.
(7)
"Signatory" means a qualified registered voter of
the City who signs a recall petition to recall a City Official.
(8)
"Special Election" means an election following a reaffirmation
vote where the majority vote is to "remove" a City Official.
B.
The citizens of the City of Salisbury who are qualified
registered voters shall have the right to recall the Mayor[2] or any Councilmember from their respective district, and
remove them from office. The initiator(s), circulator(s) and signatory(s)
of a recall petition shall be qualified registered voters, as defined
in § SC6-1 of the City Charter, in the City Official's district
at the time of the filing of the recall petition.
[2]
Editor's Note: So in original. Probably should
read "Mayor,."
C.
A letter of intent, signed by the initiator of the
recall.[3] containing the printed name and residence address of the
initiator shall be submitted to the City Clerk stating the name and
title of the official to be recalled and the reason(s) for recall
as described in "E" below. The initiator must be eligible to vote
for the office of the City Official they seek to recall. The City
Clerk will prepare the petition form and, after review and approval
of the City Solicitor, submit the petition to the initiator within
seven (7) days after approval of the City Solicitor.
[3]
Editor's Note: So in original. Probably should
read "recall,."
D.
Within 90 days from the initiator's receipt of the
recall petition form from the City Clerk, a petition signed by at
least thirty percent (30%) of the qualified registered voters of the
City of Salisbury in the case of the Mayor and thirty percent (30%)
of the qualified registered voters of the Councilmember's district
in the case of a Council member must be presented to the Mayor and
City Council at a regular Council meeting stating a desire to have
the named City Official subjected to reaffirmation by a vote of the
electorate. In the case of the Mayor, the vote of the full City electorate
will apply. In the case of a Councilmember, the vote of the Councilmember's(s')
district electorate will apply. A petition shall contain the name
of only one (1) City Official. Signatory(s) of the petition shall
sign the petition as their names appear on the City election records
and under such signature shall be typed or printed each Signatory's
name, address, the district in which he or she votes in City elections
and the date the petition was signed. At the bottom of each page of
the petition, the Circulator shall sign the petition page and make
an affidavit before a notary public that he or she is a registered
voter of the City of Salisbury, circulated the petition and witnessed
each Signatory whose name appears thereon execute the same in his
or her presence.
E.
The petition shall state specifically the reason(s)
for recall of the Mayor or, as the case may be, a Councilmember which
shall be for one (1) or more of the following reasons:
(1)
Failure to uphold the oath of office.
(2)
Nonfeasance while in office. (Nonfeasance is defined
as "the omission of an act which a person ought to do.")
(3)
Misfeasance while in office. (Misfeasance is defined
as the "improper doing of an act which a person might lawfully do.")
(4)
Malfeasance while in office. (Malfeasance is defined
as "the doing of an act which a person ought not to do at all.")
F.
A Signatory who has signed a recall petition who wishes
to withdraw his or her name from the petition may file a written notarized
request with the City Clerk no later than the day before the petition
is presented to the Mayor and City Council.
G.
The Initiator shall submit a financial report to the
City Clerk. The Initiator of a recall shall appoint a treasurer who
shall have the responsibility of maintaining a detailed, full and
accurate account of the contributions, monies, loans, in-kind services
(including personal contributions, loans, and monies), the date each
contributions was received, and the name and address of each contributor.
Contributions by an individual or entity shall not be in excess of
$250.00. The report shall also contain a detailed record of all disbursements
made by the initiator for the recall effort.
|
The financial report shall be submitted fifteen
(15) days prior to filing a recall petition with the Mayor and Council.
A final report shall be submitted no later than thirty (30-days[4] after the special election. If the recall effort is deemed
unsuccessful (insufficient number of signatures), the final report
shall be submitted ten (10) days after the announcement of the verification
results.
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[4]
Editor's Note: So in original. Probably should
read "(30) days."
H.
Upon receipt of a petition, the Mayor and Council
shall forward the petition to the City Board of Election Supervisors
and the City Clerk for verification of the appropriate number of qualified
registered voters' signatures, addresses and districts. In addition
to the computer verification program. [5]a random sampling of ten percent (10%) of the signatures
shall be compared with their voter registration cards. The Board and
the City Clerk shall return said petition with their written findings
as to required Signatory(s), addresses and districts to the Mayor
and Council at the Council meeting following the expiration of thirty
(30) calendar days; and at its meeting, if the petition is authenticated,
the Mayor and Council shall announce that (1) within thirty (30) days
a public hearing will be held on the petition to allow the initiator
and the official being recalled an opportunity to speak; and that
(2) within forty-five (45) days of the authentication, a reaffirmation
vote shall be held in order to allow, in the case of a Mayor, all
qualified registered voters of City to vote on the petition and, in
the case of a Councilmember, all qualified registered voters of his
or her district to vote on the petition.
[5]
Editor's Note: So in original. Probably should
read "program,."
I.
The voting ballot will contain the official's name
and the choice of "reaffirm" or "remove." If the majority vote is
to "remove" the City Official, the City Official shall be removed
from office upon the certification of Special Election results and
swearing in of his or her successor following a Special Election.
J.
Once the results of the reaffirmation vote are certified
and the majority vote is to "remove" the City Official, a special
election will be held within forty-five (45) days of the certification.
Candidates who wish to have their name placed on the ballot to replace
the recalled official shall file a Certificate of Nomination with
the City Clerk within fifteen (15) days. Candidates seeking office
must qualify as per § SC2-2 of the City Charter and file
a campaign financial report as described in Chapter 1.12 of the Salisbury
Municipal Code. The first campaign financial report shall be submitted
to the City Clerk no later than ten (10) days prior to the special
election and a final financial report no later than thirty (30) days
after the Special Election.
K.
Special Election.
(1)
No person shall be a candidate for office unless he
or she file [6] a Certificate of Nomination with the City Clerk on or
before 4:30 p.m. on the fifteenth (15th) day after the reaffirmation
vote is certified with a majority vote to remove the City official.
[6]
Editor's Note: So in original. Probably should
read "files."
(2)
Every candidate shall pay the filling fee set forth
in SC6-8 for the office which he or she is seeking.
(3)
In the case of a Mayoral recall, candidates from any
district may run for the Office of Mayor.
(4)
In the case of a Councilmember recall, only candidates
from the recalled Official's district may run for the Councilmember
office.
(6)
If the Recalled Official includes more than one Council
member from the same district. [8] the candidates receiving the most votes in the special
election shall replace the Recalled Officials for the remainder of
the Officials' term. If the terms are of different duration. [9] the candidate receiving the most votes shall replace the
official with the longest remaining term in office.
(7)
Nothing in this subsection shall prohibit an official
being recalled from being a candidate in the special election.
(8)
Except as set forth herein, the voting will be conducted
in the same manner as prescribed herein for regular City elections.
All city elections shall be nonpartisan and
no indication of party affiliation shall be placed beside the candidates'
names on any ballot.
[Added 8-11-2008 by Res. No. 1685; amended 6-11-2012 by Res. No. 2170; 9-8-2014 by Res. No. 2443; 3-23-2015 by Res. No. 2015-3]
General Election.
1.
In an election year in which the Mayor and/or council members are
to be elected, if the candidates for the Mayor or any of the council
positions have an equal number of votes, then, unless all but one
such candidate concedes or otherwise becomes ineligible for office,
a Special Election shall be held no earlier than forty-five (45) days
and no later than sixty (60) days after the date of certification
of the General Election results for the Mayor or Council position.
2.
The County Election Board shall open for registration of City voters
for twenty-one (21) days between the General and Special Election.
3.
All incumbent council members or the incumbent mayor shall continue
in office until the Special Election results for either the council
or the mayor are certified.
