[Ord. No. 3432 §1, 2-2-1998]
A. Any
member of the Council may be removed at any time by the voters qualified
to vote for his/her successor.
B. The
procedure to effect the removal of such Councilman shall be as follows:
A petition requesting the removal of an incumbent Councilman shall
be filed with the City Clerk. The petition shall be signed by registered
voters entitled to vote for a successor of the incumbent, equal in
the aggregate number to at least fifteen percent (15%) of the total
number of registered voters so qualified to vote at the last regular
municipal election for such office; provided however, that, for any
member of the Council elected at large, at least fifteen percent (15%)
of the total number of registered voters so qualified to vote at the
last regular municipal election for such office from each Ward shall
have signed said petition.
C. The
signatures to a recall petition need not be appended to paper, but
all papers comprising the petition shall be uniform in character,
shall state the name of the Councilman whose recall is sought, shall
contain a fair and accurate general statement of the grounds for removal.
[Ord. No. 3432 §2, 2-2-1998]
The Councilman subject to recall may, at any time prior to completion
of the examination by the Clerk of the petition or any supplementary
petition, present to the Clerk a withdrawal petition, containing one
(1) or more signatures and the residence address of any person or
persons who had signed a recall petition ordering that the voter's
name and signature be removed from said petition and stating that
his/her request for said recall election is withdrawn.
[Ord. No. 3432 §3, 2-2-1998]
A. All
papers comprising a petition and shall contain the address and the
signed and sworn or notarized statement, under the penalty of perjury,
of the circulator thereof that each signature appended thereto was
made in his/her presence and is the true and genuine signature of
the person it purports to be.
B. No
person may circulate a petition who is not a resident and registered
voter of the City of Berkeley.
C. Each
signer to the petition shall print his/her name, residence address,
date of signature and ward of residence opposite his/her signature.
D. Any
petition that was circulated by a person who is not a resident and
registered voter of the City of Berkeley at the time said petition
is circulated shall be null and void.
E. Any
signature line that shall not include the printed name, residence
address, the date signed and the Ward in which the voter resides shall
be null and void.
F. Any
signature that shall be of a person who is not a resident and registered
voter of the City of Berkeley at the time of filing said petition
with the City Clerk shall be null and void.
G. If the respective form for a recall petition as set forth in Section
105.070 or the respective form for a recall withdrawal petition as set forth in Section
105.080, below, shall be substantially followed, it shall be sufficient, disregarding clerical and merely technical errors. Any petition that does not substantially conform with the form for petitions set forth in Sections
105.070 or
105.080, below, shall be null and void.
[Ord. No. 3432 §4, 2-2-1998]
Any recall petition filed with the Clerk shall substantially
conform to and be in the following form:
RECALL PETITION
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Ward: _________________
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Page No. _________________
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It is unlawful for anyone to sign any recall petition with any
name other than his/her own, or knowingly to sign his/her name more
than once for the same measure for the same election, or to sign a
petition when he/she knows he/she is not a registered voter of the
City of Berkeley.
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To the Honorable City Clerk, City of Berkeley, State of Missouri:
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We, the undersigned, citizens and registered voters of the State
of Missouri, County of St. Louis and City of Berkeley, on the following
grounds:
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(Here state grounds for recall of Councilperson)
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respectfully order that the following question be placed on
the official ballot, for acceptance or rejection, as provided by Article
XI of the Berkeley City Charter:
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"SHALL (Name of Councilperson subject to recall) BE REMOVED
FROM OFFICE?
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____ YES
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____ NO
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and each for himself/herself says: I have personally signed
this petition; I am a registered voter of the State of Missouri, County
of St. Louis and City of Berkeley; my registered voting address, the
date I signed the petition, my printed name, and the number of the
Ward in which I reside are correctly written after my signature.
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CIRCULATION AFFIDAVIT
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STATE OF MISSOURI, COUNTY OF ST. LOUIS, CITY OF BERKELEY
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I, ____________________________ (here print name of circulator),
a Missouri registered voter and a resident of the State of Missouri,
and City of Berkeley being first duly sworn, say: (Here follow numbered
lines for signers)
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Voter's Signature
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Printed Name
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Printed Address
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Ward
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Date Signed
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signed this page of the foregoing petition, and each of them
signed his/her name thereto in my presence; I believe that each has
signed and printed his/her name, registered voting address, inserted
the date signed and the Ward of their residence correctly, and that
each signer is a registered voter of the State of Missouri, County
of St. Louis and City of Berkeley, and that the signature affixed
thereto is the true and genuine signature of the person it purports
to be.
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_________________ Signature of Circulator
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_________________ Address of Circulator
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Subscribed and sworn to before me this ______ day of ______,
A.D. ______.
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_________________ Signature of Notary
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(Notary Public Seal)
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My commission expires _______________________________.
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[Ord. No. 3432 §5, 2-2-1998]
Any recall withdrawal petition filed with the Clerk shall substantially
conform to and be in the following form:
RECALL WITHDRAWAL PETITION
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Ward:_______________
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Page No._______________
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It is unlawful for anyone to sign a recall withdrawal petition
with any name other than his/her own, or knowingly to sign his/her
name when he/she knows he/she has not previously signed the recall
petition for the same measure for the same election, or to sign a
petition when he/she knows he/she is not the registered voter of the
City of Berkeley who previously signed the petition.
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To the Honorable City Clerk, City of Berkeley, State of Missouri:
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We, the undersigned, citizens and registered voters of the State
of Missouri, County of St. Louis and City of Berkeley, respectfully
state that we previously signed a petition titled, "Recall Petition",
that our signature was affixed to said petition without a full and
complete understanding and appreciation of the nature and purpose
of said petition, that our request for said recall election is hereby
withdrawn and we order that our name and signature be removed from
the petition ordering that the following question be placed on the
official ballot, for acceptance or rejection, as provided by Article
XI of the Berkeley City Charter:
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"SHALL (Name of Councilperson subject to recall) BE REMOVED
FROM OFFICE?;
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________ YES
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________ NO
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and each for himself/herself says: I have personally signed
this petition; I am a registered voter of the State of Missouri, County
of St. Louis and City of Berkeley; my registered voting address, the
date I signed the petition, my printed name, and the number of the
ward in which I reside are correctly written after my signature.
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CIRCULATOR'S AFFIDAVIT
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STATE OF MISSOURI, COUNTY OF ST. LOUIS, CITY OF BERKELEY
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I, ____________________________(here print name of circulator),
a Missouri registered voter and a resident of the State of Missouri,
and City of Berkeley being first duly sworn, say: (Here follow numbered
lines for signers)
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Voter's Signature
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Printed Name
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Printed Address
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Ward
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Date Signed
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signed this page of the foregoing petition, and each of them
signed his/her name thereto in my presence; I believe that each has
signed and printed his/her name, registered voting address, inserted
the date signed and the Ward of their residence correctly, and that
each signer is a registered voter of the State of Missouri, County
of St. Louis and City of Berkeley, and that the signature affixed
thereto is the true and genuine signature of the person it purports
to be.
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________________ Signature of Circulator
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________________ Address of Circulator
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Subscribed and sworn to before me this ______ day of ______,
A.D. ______.
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________________ Signature of Notary
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(Notary Public Seal)
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My commission expires _______________________________.
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[Ord. No. 3432 §6, 2-2-1998]
A. The
petition shall contain a fair and substantially accurate general statement
of the grounds for recall of a Councilman from office.
B. The
general statement of grounds for recall of a Councilman from office
shall not contain any defamatory or misleading factual statements.
C. A general
factual statement of grounds for recall of a Councilman from office
that is substantially inaccurate, defamatory or misleading to the
voters shall render a petition null and void.
[Ord. No. 3432 §7, 2-2-1998]
A. Any
person who signs a name other than his/her own to any petition or
knowingly signs his/her name more than once to the same petition or
who knows he/she is not a registered voter at the time of signing
such petition, or any person willfully violating any provision of
this Chapter shall be guilty of a class two election offense as provided
by State law and prosecuted accordingly.
B. Willfully
and falsely making any certificate, affidavit, or statement required
to be made under any provision of this Chapter, including but not
limited to, statements specifically required to be made "under penalty
of perjury"; or in any other manner knowingly furnishing false information
to the City Clerk in connection with a recall or recall withdrawal
petition, or to an election authority or election official engaged
in any lawful duty or action in such a way as to hinder or mislead
the City Clerk, authority or official in the performance of official
duties shall be guilty of a class one election offense as provided
by State law and prosecuted accordingly.
[Ord. No. 3432 §8, 2-2-1998]
A. After
a recall petition is filed, the City Clerk shall determine whether
each paper of the petition substantially complies with the form for
petitions and any other procedural or substantive requirements heretofore
or hereinafter prescribed.
B. If
said petitions substantially conform to the form for petitions or
the other procedural or substantive requirements heretofore or hereinafter
prescribed, the City Clerk shall determine whether, after adjustment
for any names withdrawn or for other causes shown, the petition is
signed by a sufficient number of registered voters.
C. The
City Clerk, at his/her sole discretion, may employ staff, consultants
or submit said petitions to the St. Louis County Board of Election
Commissioners to verify and validate that the signatures contained
on said petition are true and genuine signatures of registered voters
of the City of Berkeley, and that they are registered to vote at the
address stated on said petition on the date signed. However, only
the Clerk shall be empowered to certify the sufficiency thereof.
D. The
petition shall be a public document and open to public inspection
and copying.
E. Within
not less than nor more than fifteen (15) days after a recall petition
is filed, the Clerk shall complete his/her examination of the petition.
F. The
City Clerk shall certify the results thereof to the Council at its
next regular meeting.
G. If
he/she finds the petition to be insufficient, he/she shall set forth
in his/her certificate the particulars in which it is defective and
he/she shall at once notify the person filing the petition of his/her
findings.
H. If
a recall petition is certified to be insufficiently signed or otherwise
defective, supplemental papers conforming to the requirements of the
original petition may be filed within not later than twenty (20) days
after the notice of insufficiency has been sent by the City Clerk.
I. Said
supplemental papers shall also be subject to withdrawal of signatures
therefrom by the signers thereof.
J. Within
not less than nor more than ten (10) days after such supplementary
papers are filed, the Clerk shall complete his/her examination of
the petition, as supplemented.
K. The
City Clerk shall certify the final results thereof to the Council
at its next regular meeting.
L. If
the petition is still found to be insufficient, no further supplement
shall be allowed, but a new petition for the same purpose may be filed.
M. If
the last date for doing an act provided for herein, falls on a Saturday,
Sunday or holiday or a day on which the office of the City Clerk is
closed for business, then said act may be performed and on the next
succeeding regular business day, on which the Clerk's office is open
for business, following the date on which said act was due to be performed.
[Ord. No. 3432 §9, 2-2-1998]
A. When
a recall petition has been certified to the Council as sufficient
by the City Clerk, the Council shall fix a date for holding the election,
not less than thirty (30) days nor more than forty-five (45) days
thereafter, unless otherwise prescribed by State law.
B. Publication
and notice thereof shall be given and the election shall be conducted,
the returns canvassed and the results declared in all respects as
are other City elections.
C. A recall
proceeding shall at once be discontinued if the office of the Councilman
whose recall is in question becomes vacant.
[Ord. No. 3432 §10, 2-2-1998]
A. The
ballot in a recall election shall be in the following form:
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Shall
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(name)
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be removed from office?
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____ YES
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____ NO
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Voters in favor of the recall place a cross (X) in the square
opposite the word YES.
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Voters opposed to the recall place a cross (X) in the square
opposite the word NO.
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B. If
voting machines are used, the ballot shall be prepared in a form so
as to give the voter an opportunity to vote substantially as set forth
above.
[Ord. No. 3432 §11, 2-2-1998; Ord. No. 3543 §1, 12-17-2001; Ord. No. 3567 §1, 6-3-2002]
If the majority of the electors voting in such recall election
shall vote in favor of the recall, the office in question shall become
vacant immediately upon certification of the election results by the
City Clerk and filing of said results with the Council.
[Ord. No. 3432 §12, 2-2-1998]
A. No
Councilman shall be subject to recall during the first six (6) months
after his/her induction into office.
B. No
recall petition may be circulated and no signature may be affixed
to a recall petition during the first six (6) months after a Councilman,
who is subjected to a recall, has been inducted into office.
C. Any
pages or papers of a petition that have been circulated prior to the
first six (6) months after a Councilman, who is subjected to a recall,
has been inducted into office, shall be null and void.
D. Any
signature that was affixed to a petition prior to the first six (6)
months after a Councilman, who is subjected to a recall, has been
inducted into office, shall be null and void.