City of Bangor, ME Article VI Nominations and Elections

Art. VI. Sec. 1 Date of Elections and Procedure to Determine Results.

(a) On the Tuesday following the first Monday of November in each year a regular municipal election shall be held and the qualified voters of the city shall ballot for councilors to fill the office of those councilors whose terms of office expire that year.

(b) Special elections may be ordered by the City Council from time to time to fill vacancies on the Council or School Committee. Except as noted, the requirements for qualifying candidates are identical to those applying to regular elections.

Art. VI. Sec. 2 Vacancies.

(a) A vacancy caused by the death, resignation, removal from the City or removal from office of any member of the City Council or School Committee, occurring within six months prior to the normal expiration of the term of office to which the member concerned was last elected, shall be filled at the next regular City election. The Council or Committee member so elected shall serve a full term.

(b) A vacancy caused by the death, resignation, removal from the City or removal from office of any member of the City Council or School Committee, occurring more than six months prior to normal expiration of the term of office to which the member concerned was last elected, shall be filled at the next regular City election or, in the discretion of the City Council, at a special election to be called for that purpose. The Council or Committee member so elected shall serve out the remaining unexpired term of the member whose death, resignation, removal from the City or removal from office created the vacancy.

In the event a vacancy to be filled under this subsection (b) shall occur within 100 days prior to the next regular City election, the vacancy shall be held over to be filled at the next successive regular City election, or in the City Council's discretion at a special election to be called for that purpose. Except as provided in Section 11 below, no special election called under this subsection (b) shall be held sooner than 100 days after the date the vacancy concerned occurs.

[Amended 11-2-2021[1]]

When an election is held to fill two or more vacancies with different terms, the candidate with the highest number of votes shall fill the longest term, the one receiving the second highest number of votes shall fill the second longest term, and continuing in this manner until all vacancies have been filled.

[1] Editor's Note: This Charter amendment, approved by the voters of the City of Bangor 11-2-2021, provided that these changes will take effect 1-1-2022.

Art. VI. Sec. 3 Nominations for Elective Officers to be Made by Petition.

The nomination of all candidates for elective office provided by this Charter shall be by petition. The petition of a candidate for Councilor or for member of the School Committee shall be signed by not less than 100 nor more than 150 qualified voters of the City. The number of said petitions for candidates for any office that may be signed by any voter shall not exceed the number of candidates to be elected to said office, and in no case may a voter sign more than one petition for any one candidate.

Art. VI. Sec. 4 Form of Nomination Paper.

The signatures to nomination papers need not all be affixed to one nomination petition, but to each separate petition there shall be attached an affidavit of the circulator thereof stating the number of signers on each petition, and that each signature appended thereto was made in his presence and is the genuine signature of the person whose name it purports to be. With each signature shall be stated the place of residence of the signer, giving the street and number of the street or their description sufficient to identify the same. The form of the nomination petition shall be substantially as follows:

To the City Clerk of the City of Bangor:

We, the undersigned voters of the City of Bangor, hereby nominate ________________ whose residence is ______________ for the office of _________ to be voted for at the election to be held in the City of Bangor on the ________ day of ____ 20 ____; and we individually certify that we are qualified to vote for a candidate for the above office and that we have not signed more nomination petitions of candidates for this office than there are persons to be elected thereto.

Name ____________ Street and Number ______________ being duly sworn, deposes and says that he or she is the circulator of the foregoing nomination petition containing ____________ signatures, and that the signatures appended thereto were made in his or her presence and are the signatures of the persons whose names they purport to be. (Signed) ____________________ Subscribed and sworn to before me this ____ day of ________ 20__ Notary Public

If this petition is deemed insufficient by the City Clerk notification shall be made by mail _____________ at No _________________ Street

Art. VI. Sec. 5 Filing Nomination Papers; Acceptances of Nominations Must be Filed.

[Amended 11-2-2021[1]]

The nomination petitions for any one candidate shall be assembled and united into one petition, and filed with the City Clerk not earlier than 90 nor later than 70 days before the day of election, except that different intervals apply in those contingent elections which may follow a Recall election. No nomination shall be valid unless the candidate shall file with the City Clerk in writing not later than 70 days before the day of election, his or her consent accepting the nomination, agreeing not to withdraw, and, if elected, to qualify.

[1] Editor's Note: This Charter amendment, approved by the voters of the City of Bangor 11-2-2021, provided that these changes will take effect 1-1-2022.

Art. VI. Sec. 6 List of Candidates to be Published.

The City Clerk shall notify the list of candidates and shall cause to be published at least ten days prior to the date of the election in one or more of the daily newspapers published in Bangor the names, residences, and office to which nominated, of the candidates who have duly filed the above described petitions and acceptances.

Art. VI. Sec. 7 Ballots, etc., to be Prepared by the City Clerk.

Sample ballots and official ballots for use in all city elections shall be prepared by the City Clerk and furnished by the City.

Art. VI. Sec. 8 Contents and Form of Ballot.

[Amended 11-2-2021[1]]

The names of candidates nominated as provided in the preceding section shall be arranged on the ballot in alphabetical order according to surnames.

The names of City Council candidates nominated as provided in the preceding section shall be arranged in the order by which they are drawn by lot by the City Clerk. The Clerk shall draw names at 5:00 p.m. on the next business day after the last date that nomination papers can be filed with the Office of the City Clerk. The drawing shall be conducted in public and all candidates shall be notified of the place, date, and time that the drawing shall take place.

The ballots shall be without party mark or designation. The full name and residence of each candidate shall be given. Adjacent to each name shall be a space for the voter to indicate the voter's choice. Blank spaces shall be left at the end of the list of the candidates for each office, in which the name of any person not printed on the ballot, for whom the voter desires to vote may be inserted.

[1] Editor's Note: This Charter amendment, approved by the voters of the City of Bangor 11-2-2021, provided that these changes will take effect 1-1-2022.

Art. VI. Sec. 9 Sample Ballots.

The City Clerk shall cause sample ballots to be posted in public places, including each polling place, and/or advertised in the newspapers not later than ten days prior to the city election. Such ballots shall be marked "sample ballot," and shall contain the names of the certified candidates with the residence of each, instructions to the voters, and such measures as may be submitted to the voters. Such ballots shall be without party mark or designation.

Art. VI. Sec. 10 State Election Laws.

The provisions of the laws of the State of Maine relating to the qualification of electors, registration, the manner of voting, the counting of votes, the duties of election officers, and all other particulars in respect to the management of elections, so far as they may be applicable, shall govern all municipal elections except as otherwise provided in this charter.

Art. VI. Sec. 11 Recall.

A member of the Bangor City Council or School Committee may be recalled and removed from elected office by the voters of the City as herein provided.

(a) Procedure. Any 100 registered voters of the City may begin the recall procedure by signing and filing with the City Clerk a Request for Recall containing the name of the member of the City Council or School Committee whose removal is sought, together with a statement with the reason for the recall.

The City Clerk shall then prepare recall petition forms with a copy of the Request for Recall attached thereto. Thereafter, the Clerk shall, during regular business hours, for the following 30 days, keep the petition open for signature by registered voters of the City. In addition, the City Clerk shall also cause petition forms to be prepared and made available for circulation during said 30 days by registered voters of the City. The number of petition forms and attached Request for Recall copies shall be made available by the clerk in increments of 10 pages, up to 100 total pages for an official sought to be recalled. No voter may sign the petition more than once.

At the expiration of said 30 days, or upon the Clerk ascertaining that the required number of signatures have been presented to the Clerk, whichever occurs first, the Clerk shall declare the petition closed. The circulating of petition forms and filing of the same with the Clerk must be accomplished prior to the expiration of said 30 days. The Clerk shall not accept any petition form circulated without also receiving an affidavit from said circulator stating that all of the signatures were affixed in the circulator's presence; that the circulator believes them to be genuine signatures of the persons they purport to be; and that every signor had an opportunity before signing to read the full text of the recall petition and attachment.

(b) Certification of recall petition. Within 10 days after the closing of the petition, the Clerk shall ascertain whether or not the number of valid signatures on the petition is equal to at least 10 percent of the number of all registered voters at the time the Request for Recall was filed with the Clerk. The Clerk shall attach to said petition, a certificate showing the results of such examination. If the petition is found to have insufficient valid signatures, the Clerk shall notify the Council Chair of the results and the petition will be considered to be null and void. Similar recall petitions against the same official for substantially the same reason shall not be filed for one year from the date of the Clerk's certification.

(c) Calling of recall election. If the petition shall be certified by the Clerk to have sufficient valid signatures, the Clerk shall submit the petition with the Clerk's certificate to the City Council at its next regular meeting and shall notify the member of the City Council or School Committee whose recall is sought by such petition. The City Council shall thereupon, within ten days after the receipt of the City Clerk's certificate, order an election to be held not less than 60 nor more than 70 days thereafter; provided that if a scheduled election is to occur within 100 days after the receipt of said certificate, the City Council may, in its discretion, provide for the holding of a recall election on the same date. In the event the individual named in a successful recall petition chooses to resign, the Council will declare the office vacant and no Recall election will be held. Vacancies will be filled in the manner prescribed in Section 2 of this Article for filling vacancies occurring at times other than expiration of terms

[Amended 11-2-2021[1]]

Within 10 days after the City Council orders a recall election, the Clerk shall make available nomination petitions to candidates for a possible subsequent election to fill any vacancies created by the recall election. Such petitions shall require the number of signatures specified in Section 3 of this Article and shall be returned to the Clerk within five days after the recall election and only if a vacancy then exists.

[1] Editor's Note: This Charter amendment, approved by the voters of the City of Bangor 11-2-2021, provided that these changes will take effect 1-1-2022.

(d) Form of ballot in recall elections. The form of the ballot shall, as nearly as possible be: "Shall (name and title of official) be recalled?" The reason for the recall as presented in the Request for Recall shall be included in the statement following the ballot question and the Yes or No indicator.

[Amended 11-2-2021[2]]

[2] Editor's Note: This Charter amendment, approved by the voters of the City of Bangor 11-2-2021, provided that these changes will take effect 1-1-2022.

(e) Majority vote required; choosing of successor. In case a majority of those voting in the recall election of any official shall vote in favor of recalling such official, he or she shall thereby be removed from office, effective upon certification of the election results by the City Clerk. If the recall succeeds, the City Council shall schedule an election within 30 days of the recall election for the purpose of electing candidates to fill any vacancies created by the recall election. If a scheduled election is to occur within 100 days after the receipt of the Clerk's certificate for the recall election, the City Council may, in its discretion, provide for the holding of the election on the same date. The contents and form of the ballot shall be the same as provided in Sec. 8 of this Article.

[Amended 11-2-2021[3]]

[3] Editor's Note: This Charter amendment, approved by the voters of the City of Bangor 11-2-2021, provided that these changes will take effect 1-1-2022.

Art. VI. Sec. 12 Wardens and Ward Clerks.

A warden and ward clerk shall be appointed as necessary by the City Clerk. The term of office, compensation and duties of wardens and ward clerks, other than as may be established by State law, shall be established by ordinance adopted by the City Council.