[Amended 4-1-41]
Candidates to be voted for at all municipal elections at which
commissioners are to be elected under the provisions hereof, shall
be nominated at a primary election held and conducted under the provisions
hereinafter mentioned, and no other names shall be placed on the general
election ballot, except those selected in the manner hereinafter prescribed.
[Amended 4-1-1941; 4-5-1977; 12-8-1981; 12-9-2008]
Any person desiring to become a candidate for commissioner's
office, shall, during regular city hall officer hours on the first
Monday in February through the next succeeding Wednesday, file with
the city clerk, a statement of such candidacy in substantially the
following form:
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"State of Oklahoma
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ss.
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County of Payne
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I, _____, __________ (street or avenue), City of Cushing, Payne
County, Oklahoma; state that I am a qualified voter therein; that
I have been a bona fide resident of the City or territory legally
annexed thereto for more than one year; that I am over the age of
twenty-five years; that I am a candidate for Commissioner Office No.
_____ of the City of Cushing, to be voted upon at the primary election
to be held on the _____ day of __________, _____ and I hereby request
that my name be printed upon the official ballot as signed below,
for nomination at such primary election for such office.
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Subscribed and sworn to before me this _____ day of __________
20 _____.
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(officer authorized to administer oaths)
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[Amended 4-1-1941; 4-5-1977]
The qualified electors of said city reserve to themselves the
power and right to propose nominations for the commissioner offices
and such power shall be exercised by the filing with the city clerk,
within the time provided for voluntary candidates, a petition of at
least twenty-five (25) qualified voters, requesting that the name
of some qualified elector of said city, having the qualifications
for commissioner as provided in this Charter shall be placed upon
the primary ballot; provided that no such name be placed upon the
official ballot over the written protest of the person thus proposed.
Such petition shall be verified under oath, by one or more persons
as to the qualifications and residence of the candidate and that the
candidate is over twenty-five (25) years of age; the street address
of the residence of each petitioner shall be shown opposite his respective
signature; and the said petitions shall be substantially the following
form:
"Petition"
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"We, the undersigned, duly qualified electors of the City of
Cushing, residing at the places set opposite our respective names,
hereto do hereby request that the name of __________ (candidate) be
placed on the ballot as candidate for the nomination for Commissioner
Office No. _____ of the City of Cushing at the primary election to
be held in said city on the _____ day of __________ 19_____.
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"We further state that we know him to be a qualified voter and
real property taxpayer in said city, and a man of good moral character
and qualified in our judgment, for the duties of the office."
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(Signatures of petitioners and street addresses of residences
of each).
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[Amended 4-5-1977]
Immediately upon the expiration of the time for filing the statements
and petitions of candidacy, the city clerk shall furnish to the secretary
of the county election board his written certificate certifying the
names of the candidates for each commissioner office and a copy of
such certificate shall also be posted in a conspicuous place in the
City Hall. The secretary of the county election board shall then cause
the ballots to be prepared and make all the necessary arrangements
for the conduct of such primary election; provided however, that if
there be no more than two (2) candidates for one commissioner office
then no primary election will be had for such office but the election
of such candidates will be determined at the next general municipal
election.
[Amended 4-1-1941; 4-5-1977; 12-9-2008]
The county election board shall arrange the names of the candidates
for each commissioner office and said board shall cause said primary
and general election ballots to be printed and distributed among the
various precincts of the city.
[Amended 4-1-1941; 4-5-1977]
Upon the ballots provided, the names of the candidates for each
Commissioner Office of the City of Cushing, to be elected shall be
separately placed on the ballot under the words "FOR COMMISSIONER
OFFICE NO. _____", with a square at the left of each name followed
by the inscription "Vote for One," in such a fashion that each voter
may vote for one candidate for each Commissioner Office. The ballot
shall be printed on plain white paper and shall be headed "Candidates
for Nomination for Commissioner Office No. _____ of the City of Cushing,
Oklahoma, in the primary election held on the _____ day of ;__________,
19 _____," then the names of the candidates with a square at the left
of each name. Having caused said ballots to be printed as provided
herein, the said secretary of the county election board shall cause
to be delivered to each election precinct in said city, a number of
ballots prepared for that precinct equal to not less than one and
a half (1 1/2) the number of votes cast in said precinct at the
last preceding general municipal election. The persons who are qualified
to vote at the general municipal elections shall be qualified to vote
at such primary election.
The general election laws of the State of Oklahoma applicable
to cities of the first class are hereby extended in force except as
modified herein, and to the extent of said modifications, the said
state laws are hereby suspended.
[Amended 4-1-1941; 4-5-1977]
The election board of each voting precinct of said city shall
immediately upon the closing of the polls count the voted ballots
and ascertain the number of votes cast in such precinct for each candidate
voted for, and make returns thereof to the county election board,
upon proper blanks to be furnished by said board, within six (6) hours
after the closing of the polls. The said county election board shall
publicly canvass said returns as received from all the voting precincts
and shall ascertain and publish the results thereof. A copy of the
said published result, certified to by the secretary of the county
election board, shall constitute a certificate of nomination which
shall be delivered to the successful candidates at such primary election.
And the two (2) candidates receiving the highest number of ballots
for each commissioner office shall be the candidates whose names shall
be placed upon the ballots as provided herein for each commissioner
office from the City of Cushing, at the next succeeding general municipal
election; and the two (2) candidates receiving the highest number
of ballots for each commissioner office shall be the candidates, and
the only candidates whose names shall be placed upon the ballot for
each commissioner office at the next succeeding general municipal
election. Provided, that the provisions of this section shall not
be construed to prevent the placing the name of a candidate or candidates
for the office of commissioner on the said primary ballot as set out
in section three of this article. Provided further that should any
one candidate for any one commissioner office receive a majority of
the votes cast for all candidates for such office then that candidate
shall be determined elected to such office and no general election
for such office shall be necessary.
[Amended 4-1-1941; 4-5-1977]
The general municipal election shall be held and conducted,
the ballots arranged and distributed and the returns thereof made
in the same manner and within the same time as is provided herein
for primary elections. The ballots to be voted at said municipal election
shall be substantially in the following form:
"General Election __________ date __________ City of Cushing,
Candidates for Commissioner office No. _____.
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Any person who shall perform or agree to perform any service
in the interest of any candidate for any office provided for in this
Charter, in consideration of any money or any other valuable thing,
shall be upon conviction thereof, punished by a fine not exceeding
three hundred dollars ($300.00) and by imprisonment in the City Jail
not exceeding thirty (30) days.
Sample ballots shall be posted at each and every polling place
in said city at every election therein.