No person shall be nominated to more than one elective Town
public office or hold more than one elective Town public office at
any one time.
[Amended 6-17-2010 by Ord. No. O-10-10; 12-19-2019 by Ord. No. O-19-16]
A.
Generally. Any person who is qualified to hold office pursuant to
the Charter may have his or her name placed on the ballot as a candidate
for Town Mayor or Town Council by filing a declaration of candidacy
with the Town Clerk at least 56 days prior to the election.
B.
Required elements. A declaration of candidacy shall:
(1)
Be in writing;
(2)
Be signed by the candidate;
(3)
Be dated;
(4)
Provide the address of the legal residence of the candidate;
(5)
Identify the office (Mayor or Town Council) which the candidate wishes
to seek through the election process; and
(6)
Identify the first name of the candidate, an initial letter of any
middle name(s), and his or her surname as they appear on the candidate's
birth certificate (all of these together hereinafter designated as
the candidate's "given name"); provided, however, that if the candidate
wishes to be identified on the ballot by a name other than the candidate's
given name, the candidate may do so by filing with his or her declaration
of candidacy a notarized affidavit attesting, under the penalty of
perjury, that the candidate is generally known by that other name
in either press accounts or in the candidate's everyday encounters
with members of the community. Except for quotation marks to enclose
a portion of a name, the use of symbols, titles, degrees or professional
designations in a declaration of candidancy is prohibited.
C.
Certificate of candidacy. Pursuant to the Charter, the Board shall
certify that each candidate who has filed a declaration of candidacy
is qualified to hold elective office under the Charter at least 49
days prior to the election. The Board shall issue to each qualified
candidate a certificate of candidacy, which shall be dated, shall
state the candidate's name as it will appear on the ballot, and shall
state that the Board has determined that the candidate is qualified
under the Charter to hold the elective office that the candidate seeks.
A copy of all certificates of candidacy shall be available for public
inspection at Town Hall.
[Amended 6-17-2010 by Ord. No. O-10-10; 6-16-2016 by Ord. No. O-16-5; 12-19-2019 by Ord. No. O-19-16]
A.
Procedure for challenging a certificate of candidacy. Any person
entitled to vote in Town elections, including any other candidate,
may challenge the determination of the Board in issuing a certificate
of candidacy, by filing a written challenge to candidacy, which must
be signed by the challenger and must state, with particularity, all
reasons why the challenged candidate is unqualified to hold elective
office under the Charter. Such a challenge must be filed with the
Town Clerk at least 42 days prior to the election for which the candidate
is running. The Town Clerk shall immediately forward any challenge
filed to the Board for a determination.
B.
Decision regarding a challenge. The Board shall conduct a public
hearing on any challenge which shall be held no later than the 28th
day before an election. The person whose candidacy is the subject
of the challenge, and the person filing the challenge, shall both
be given at least three days' prior written notice by mail of the
date, time and place of the hearing. The person whose candidacy is
the subject of the challenge shall also be mailed a copy of the challenge
to candidacy. The challenger shall be strictly limited to challenging
the candidacy on the basis of the issues raised in the written challenge
to candidacy. The burden of proof shall lie with the person making
the challenge. The challenger and the person challenged shall be permitted
to be represented by legal counsel or a qualified voter. Decisions
of the Board shall be in writing and shall be issued within four days
of the hearing, and copies thereof shall be made available to the
parties. If the Board upholds the challenge and determines candidate
is not eligible, the Board will attempt to remove the name from ballot.
If the Ballot is already sent to printer, the name will remain on
the ballot and the Board will provide suitable notification to voters
near voting booths on election day that the candidate has been disqualified.
[Amended 6-17-2010 by Ord. No. O-10-10]
A.
Authority line required.
(1)
Each item of campaign material shall contain, set apart from any
other message, an authority line that states the name and address
of the person responsible for the campaign material.
B.
Content of authority line.
(1)
Campaign material that is published or distributed in support of
or in opposition to a candidate, but is not authorized by the candidate,
shall include the following statement: "This message has been authorized
and paid for by (name of payor or any organization affiliated with
the payor). This message has not been authorized or approved by any
candidate."
(2)
Campaign material that is published or distributed in support of
or in opposition to multiple candidates, but is not authorized by
all of the candidates mentioned therein, shall include the following
statement: "This message has been authorized and paid for by (name
of payor or any organization affiliated with the payor). This message
has been authorized or approved only by (name of candidate or candidates
who have approved or authorized the material) and has not been authorized
or approved by any other candidate."
