City of New Haven, MO Chapter 105 Elections

Section 105.010 Conformance of City Elections With State Law.

All City elections shall be conducted and held in conformance with the provisions of Chapter 115, RSMo.

Section 105.020 Date of Municipal Election.

[CC 1984 §2.100]

A. A municipal election for the qualified voters of this City shall be held on the first (1st) Tuesday after the first (1st) Monday in April of each year.

B. On the first (1st) Tuesday after the first (1st) Monday in April of odd-numbered years, a municipal election of the qualified voters of the City of New Haven shall be held for the purpose of electing a Mayor who shall hold his/her office for a term of two (2) years and until his/her successor is elected and qualified.

C. On the first (1st) Tuesday after the first (1st) Monday in April of odd-numbered years, a municipal election of the qualified voters of the City of New Haven shall be held for the purpose of electing one (1) Alderman from each ward who shall hold his/her office for a term of two (2) years and until his/her successor is elected and qualified.

D. On the first (1st) Tuesday after the first (1st) Monday in April of even-numbered years, a municipal election of the qualified voters of the City of New Haven shall be held for the purpose of electing one (1) Alderman from each ward who shall hold his/her office for a term of two (2) years and until his/her successor is elected and qualified.

Section 105.030 Declaration of Candidacy — Dates For Filing.

Any person who desires to become a candidate for an elective City office at the general City election shall file with the City Clerk, not prior to the hour of 8:00 A.M. on the 17th Tuesday prior to, nor later than 5:00 P.M. on the 14th Tuesday prior to the next City municipal election, a written declaration of his/her intent to become a candidate at said election. The City Clerk shall keep a permanent record of the names of the candidates, the offices for which they seek election and the date of their filing and their names shall appear on the ballots in that order.

Section 105.035 Disqualification as Candidate for Elective Public Office, When — Disqualification From Participation in Election, When — Affidavit To Be Filed, Requirements — Investigation of Alleged Delinquency.

A. No person shall qualify as a candidate for elective public office in the State of Missouri who has been found guilty of or pled guilty to a felony under the Federal laws of the United States of America or to a felony under the laws of this State or an offense committed in another state that would be considered a felony in this State.

B. Any person who files as a candidate for election to a public office shall be disqualified from participation in the election for which the candidate has filed if such person is delinquent in the payment of any State income taxes, personal property taxes, municipal taxes, real property taxes on the place of residence, as stated on the declaration of candidacy, or if the person is a past or present corporate officer of any fee office that owes any taxes to the State.

C. Each potential candidate for election to a public office shall file an affidavit with the Department of Revenue and include a copy of the affidavit with the declaration of candidacy required under Section 115.349, RSMo. Such affidavit shall be in substantially the form as set out in Section 115.306, RSMo.

D. Upon receipt of a complaint alleging a delinquency of the candidate in the filing or payment of any State income taxes, personal property taxes, municipal taxes, real property taxes on the place of residence, as stated on the declaration of candidacy, or if the person is a past or present corporate officer of any fee office that owes any taxes to the State, the Department of Revenue shall investigate such potential candidate to verify the claim contained in the complaint. If the Department of Revenue finds a positive affirmation to be false, the Department shall contact the Secretary of State, or the election official who accepted such candidate's declaration of candidacy, and the potential candidate. The Department shall notify the candidate of the outstanding tax owed and give the candidate thirty (30) days to remit any such outstanding taxes owed which are not the subject of dispute between the Department and the candidate. If the candidate fails to remit such amounts in full within thirty (30) days, the candidate shall be disqualified from participating in the current election and barred from refiling for an entire election cycle even if the individual pays all of the outstanding taxes that were the subject of the complaint.

Section 105.040 Declaration of Candidacy — Notice To Public.

The City Clerk shall, on or before the 17th Tuesday prior to any election at which City offices are to be filled by said election, notify the general public of the opening filing date, the office or offices to be filled, the proper place for filing and the closing filing date of the election. Such notification may be accomplished by legal notice published in at least one (1) newspaper of general circulation in the City.

Section 105.045 Declaration of Candidacy — Duties of City Clerk.

[Ord. No. 1018 §1, 11-14-2011]

A. Candidates To File Sworn Statement Of Compliance With Missouri Law. Each candidate for municipal office shall file a sworn statement of compliance with the provisions of Missouri law that pertain to candidates for municipal office. The statement shall be on forms supplied by the office of City Clerk and shall include, though not necessarily be limited to, the following:

1. If the candidate is a candidate for Mayor, a statement of compliance with Section 79.080, RSMo.

2. If the candidate is a candidate for Alderman, a statement of compliance with Section 79.070, RSMo.

3. For any candidate to elective office, a statement of compliance with Sections 79.250 and 115.346, RSMo.

4. For any candidate to elective office, a statement of compliance with Section 115.348, RSMo.

B. Duties Of City Clerk. The City Clerk or his or her designee shall attest to each statement, and shall file each statement with the candidate's declaration of candidacy. The City Clerk's duty to determine a candidate's eligibility for the office for which they have declared shall be limited to the administrative tasks as set forth herein.

Section 105.050 Declaration of Candidacy — Form.

The form of said written declaration of candidacy shall be substantially as follows:

DECLARATION OF CANDIDACY
STATE OF MISSOURI   COUNTY OF FRANKLIN	) ) )	SS
I, ____________________________, being first duly sworn, state that I reside at ____________________________, City of New Haven, County of Franklin, Missouri; that I am a qualified voter; that I do hereby declare myself a candidate for the office of ____________________________, to be voted upon at the municipal election to be held on the first (1st) Tuesday after the first (1st) Monday in April, ____, and I meet all the qualifications required of a candidate for said office, and I hereby request that my name be printed upon the official ballot for said election for said office and state that I will serve as such officer, if elected.
		Signed:
Subscribed and sworn to before me this ______ day of ______, ______.
		City Clerk   City of New Haven
(SEAL)

Section 105.060 Notice of Elections.

In City elections, the City Clerk shall notify the County Clerk prior to 5:00 P.M. on the tenth (10th) Tuesday prior to any City election except as noted in Section 115.125, RSMo. The notice shall be in writing, shall specify that the Board of Aldermen is calling the election, the purpose of the election, the date of the election and shall include a certified copy of the legal notice to be published including the sample ballot. The written notice shall be executed on behalf of the Board of Aldermen by the Mayor of the Board and shall include the attestation of the City Clerk. The notice and any other information required by Section 115.125, RSMo., may, with the prior notification to the election authority receiving the notice, be accepted by facsimile transmission prior to 5:00 P.M. on the tenth (10th) Tuesday prior to the election, provided that the original copy of the notice and a certified copy of the legal notice to be published shall be received in the office of the election authority within three (3) business days from the date of the facsimile transmission.

Section 105.065 Missouri Ethics Commission Requirements.

[Ord. No. 1018 §2, 11-14-2011]

A. Notice To Candidates Regarding Missouri Ethics Commission Requirements. The office of City Clerk shall provide notice to each candidate for municipal office a statement of the candidate's obligation to file a personal financial disclosure statement with the Missouri Ethics Commission. The notice shall be on forms supplied by the Missouri Ethics Commission and shall include notice of the consequences of failure to file the required notice by the State deadline. Each candidate for municipal office shall sign a statement acknowledging receipt of the notice.

B. Duties Of City Clerk. The City Clerk or his or her designee shall attest to the candidate's statement acknowledging receipt of said notice, and shall file each statement with the candidate's declaration of candidacy. The City Clerk may assist the candidate with filing the required notice, but the required filing shall at all times remain the sole and exclusive responsibility of the candidate.

Section 105.070 Wards.

[CC 1984 §2.030; Ord. No. 511 §1, 6-9-1986; Ord. No. 837 §1, 9-13-2005; Ord. No. 1015 §1, 11-14-2011]

A. That there shall be established within the City of New Haven two (2) wards which shall be divided as follows:

1. Ward One. All that part of the City lying west of a line beginning at the Missouri River, thence south on a line between lots 16 and 17 in Labar's addition to the City of New Haven to Main Street, thence across lot 19 to and continue south along the line between lots 5, 6, 9 and 10 of said addition to Front Street, thence south to the centerline of Front Street, thence west to the intersection of the centerline of Front Street and Olive Street, then south along the centerline of Olive Street to the intersection of the centerlines of Olive Street and Locust Street, thence east along the centerline of Locust Street to the intersection of the centerlines of Locust Street and McNair Street, thence south along the centerline of McNair Street to the intersection of the centerlines of McNair and Kemp Street, thence south along the centerline of Kemp Street to the termination of Kemp Street, thence south along the west line of Lot 9 of EB Hammacks' 3rd addition to the City of New Haven to a point at the southwest corner of said Lot 9, thence continuing south along the west line of a part of Lot 9 of EB Hammack's 3rd addition to the City of New Haven to the southwest corner of said part of Lot 9, thence south to the centerline of Mary Hammack Street, thence east along the centerline of Mary Hammack Street to the intersection of the centerlines of Mary Hammack and Short Street, thence south along the centerline of Short Street to the intersection of the centerlines of Short Street and Melrose Street, thence west along the centerline of Melrose Street to the intersection of the centerlines of Melrose Street and Douglas Street, thence south along the centerline of Douglas Street to the intersection of the centerlines of Douglas Street and Missouri Route 100, thence west along the centerline of Missouri Route 100 to the west City limit line.

2. Ward Two. All that part of the City of New Haven, Missouri, lying east of Ward One.