At the first election after this charter is in force, to be held on the second Monday in December, A.D. _____, the qualified voters of the city shall ballot for seven councilmen, and the qualified voters of each ward shall, at the same time, ballot for a warden and a ward clerk for his ward; and thereafter, on the Tuesday following the first Monday of November each year in conjunction with any state or federal election, a regular municipal election shall be held and the qualified voters of the city shall ballot for a councilman to fill the unexpired term of any councilman whose office is then vacant, if any such vacancy then exists, but whose term of office would not then have normally expired, and for councilmen to fill the office of the councilmen whose terms of office expire that year, and the qualified voters of each ward shall, at the same time, ballot for a warden and a ward clerk for their ward.
All votes cast for the several officers shall be sorted, counted, declared and registered in open ward meeting, as provided by statute. The ward clerk shall forthwith deliver to each person elected warden or ward clerk a certificate of his election and shall forthwith deliver to the city clerk a certified copy of the record of such election.
After the first election held under this chapter, the then municipal officers and thereafter the city council shall, as soon as it conveniently can, examine the copies of the records of the several wards, certified as aforesaid, and shall cause the persons who shall have been elected councilmen to be notified in writing of their election.
If it shall appear that at the first election to be held under this charter, seven councilmen have not been elected, the municipal officers then in office shall continue to hold office and perform their duties until seven councilmen have been duly elected and qualified.
(Amendment of 12-13-1971; Amendment of 6-8-1982)
The warden and ward clerk, chosen as provided in the preceding section, shall be residents of the ward for which they are elected and shall hold office for two years from the first Monday in January following their election, and until others have been chosen and qualified in their stead. The warden and the ward clerk shall be sworn to the faithful performance of their duties by a person qualified under the statutes of the state to administer oaths, and a certificate of such oath shall be entered by the clerk on the records of said ward. The warden shall preside at all ward meetings, with the powers of moderators of town meetings and if at any meeting the warden shall not be present, the clerk of the ward shall call the meeting to order and preside until a warden pro tempore shall be chosen. The warden shall have all rights and powers now held by the warden of such ward. If neither the warden nor the ward clerk shall be present, any legal voter in the ward may preside until a clerk pro tempore shall be chosen and qualified.
Immediately following the election of a clerk pro tempore, a warden pro tempore shall be chosen. The clerk shall record all the proceedings and certify the votes given and deliver over to his successor in office all such records and journals in his possession or under his control, together with all documents and papers held by him in his capacity as clerk. The ward clerk shall have and perform all rights and duties now held and performed by the ward clerk of such ward, so far as consistent with this charter. All ward meetings shall be notified and called by the city council in the manner provided by the laws of this state for notifying and calling town meetings by the selectmen of the several towns.
(Amendment of 10-14-1975)
The nomination of all candidates for elective offices provided by this charter shall be by petition. The petition of a candidate for councilor shall be signed by not less than 25 nor more than 50 qualified voters of the city. The petition of a candidate for school board shall be signed by not less than 25 nor more than 50 qualified voters of the city. The petition of candidates for warden and ward clerk shall be signed by not less than 10 nor more than 25 qualified voters of the ward within which the candidate is to be elected. No voter shall sign petition for more than one candidate for each office to be filled at the election, and should any voter sign more than one such petition the voter's signature shall be counted only upon the first petition filed, and shall be held void upon all other petitions.
(P.&S.L. 1965, Ch. 143, § 1; Amendment of 10-14-1975; Amendment of 11-4-2003)
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 OLD TOWN
We, the undersigned voters of the City of Old Town, hereby nominate __________, who residence is __________ for the office of __________ to be voted for at the election to be held in the City of Old Town 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, the circulator of the foregoing nominating petition containing _____ signatures, and that the signatures appended thereto were made in his 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_____
Justice of the Peace
(or Notary Public)
If this petition is deemed insufficient by the city clerk, he shall forthwith notify by mail __________ at No. _____ Street.
The nomination petitions for any one candidate shall be assembled and united into one petition, and filed with the city clerk not earlier 75 nor later than 60 days before the day of election. No nomination shall be valid unless the candidate shall file with the city clerk in writing not later than 60 days before the day of election, his consent, accepting the nomination, agreeing not to withdraw, and if elected, to qualify.
(Amendment of 11-8-1988; Amendment of 11-4-2003)
The city clerk shall certify the list of candidates and shall cause to be published in one or more of the newspapers published in Penobscot County the names, residences, and office to which candidates who have been nominated have duly filed the above described petitions and acceptances.
The names of candidates nominated as provided in this charter shall be arranged on the ballot according to lot under the title of the office to be filled. Lot shall be drawn by the city clerk, at which drawing the candidates or their representatives shall be entitled to be present.
The ballots shall be without party mark or party designation. The name and residence of each candidate shall be given.
Blank spaces shall be left at the end of the list of candidates for each office in which the voter may insert the name of any person not printed on the ballot, for whom he desires to vote.
The ballot shall be printed substantially as follows:
CITY OF OLD TOWN
Regular (or Special) Election
Candidates for office in the City of Old Town at an election held on Monday, the _____ day of __________ A.D. _____
To vote for any person, make a cross (X), in the square at the right of the name voted for.
To vote for a person whose name is not on the ballot, write in the name in blank space and make cross (X) at the right of name voted for:
( ) to be chosen
Mark (X) cross
Vote for ( )
in this column
Name of candidate and residence
Name of candidate and residence
Name of candidate and residence
WARDEN
One to be chosen
Mark (X) cross
Vote for one
in this column
Name of candidate and residence
Name of candidate and residence
Name of candidate and residence
WARD CLERK
One to be chosen
Mark (X) cross
Vote for one
in this column
Name of candidate and residence
Name of candidate and residence
Name of candidate and residence
As soon as the polls are closed, the warden shall immediately open the ballot boxes, take therefrom the ballots and sort, count and declare them in open meeting in the presence of the ward clerk; and the ward clerk shall make a list of the persons voted for, with the number of votes for each person against his name and he shall make a true and fair record thereof in the presence of the warden and in open ward meeting enter the total number of votes for each candidate on a tally sheet provided by the city clerk and he shall forthwith return said tally sheet duly attested by the warden and ward clerk to the city clerk.
The city clerk shall present the returns of the several wards to a meeting of the city council held not later than 48 hours after the receipt of said returns by him. At such meeting, the city council shall determine and declare the successful candidates as follows: The person or persons, not exceeding the number to be voted for at any one time for any office, having the highest number of votes given at the election shall be determined and declared to be elected.
The city clerk shall cause specimen ballots to be posted in public places in each ward and voting precinct and advertised in one or more newspapers of Penobscot County not later than 10 days prior to the city election and advertised in such newspapers or newspaper at least once more prior to the election. Such specimen ballots shall be printed on colored paper and marked "specimen ballots" and shall contain the names of the certified candidates with the residence of each, instructions to voters, and such measures as may be submitted to voters, by the legislature, by initiative petition, or by the city council. Such ballots shall be without party mark or designation.
(Amendment of 10-14-1975)
[Subject to recall.] Any member of the city council or school board may be recalled and removed therefrom by the electors of the city as herein provided.
Procedure for filing recall petition. Any 10 qualified voters of the city may make and file with the city clerk an affidavit containing the name or names of the member or members whose removal is sought. Such affidavit shall state the reasons why recall is sought. Such reasons shall be considered valid if they charge the councilor or school board member with having been convicted of a crime, being guilty of gross misconduct or failure to conduct himself in accordance with his oath of office. In any event, the specific allegation must accompany the affidavit and thereafter be made a part of the petition.
Whenever requested by 10 such voters, the city clerk shall prepare the proper petition and upon its being signed by 10 voters the city clerk shall file the petition and shall, during office hours for 45 business days thereafter, keep the same open for signature by qualified voters of the city, and no such petition shall be signed or presented for signature at any place other than the clerk's office. At the expiration of said 45 days the city clerk shall declare the petition closed.
The recall petition to be effective shall be signed by voters of the city to the number of at least 10% of the number of registered voters as determined at the time of the last preceding municipal election and to every such signature shall be added the place of residence of the signer, giving the street and number or other description sufficient to identify the place.
Examination of recall petition. Within 10 days after the closing of the petition, the clerk shall ascertain whether or not the petition is signed by the requisite number of voters and shall attach thereto his certificate showing the result of such examination.
Calling of recall election. If the petition or amended petition shall be certified by the city clerk to be sufficient, he shall submit the same with his certificate to the city council at its next meeting and shall notify the member or members whose removal is sought of such action. The city council shall thereupon, within 10 days of the receipt of the city clerk's certificate, order an election to be held not less than 40 nor more than 60 days thereafter; provided that if a regular municipal election is to occur within 90 days after the receipt of said certificate, the city council may in its discretion provide for the holding of the removal election on the date of such other regular municipal election. The removal election shall be called and held and nominations made as in other elections under this charter except for the specific limitations of this section.
Form of ballot in recall election. Unless the member or members whose removal is sought shall have resigned within 10 days after the receipt by the city council of the city clerk's certificate, the form of the ballot at such election shall be as nearly as may be: "Shall A be recalled? Shall B be recalled?" etc., the name of the member or members whose recall is sought being inserted in place of A, B, etc., and the ballot shall also contain the names of the candidates nominated in place of the men recalled, as follows: "Candidates for the place of A, if recalled; Candidates for the place of B, if recalled," etc., but the men whose recall is sought shall not themselves be candidates upon such a ballot. The names shall be arranged as provided in section 8 hereof.
[Majority vote required; choosing of successor.] In case a majority of those voting for and against the recall of any official shall vote in favor of recalling such official, he shall be thereby removed, and in that event the candidate to succeed him for the balance of the unexpired term shall be determined as provided in sections 9 and 10 hereof.
[Form of ballot after resignation.] If the person or persons sought to be removed shall have resigned within 10 days after the receipt by the city council of the city clerk's certificate referred to in this section above, the form of ballot at the election shall be the same, as nearly as may be, as the form in use at a regular municipal election and all other procedures shall be the same.
Procedure on refusal of city council. Should the city council fail or refuse to order an election as herein provided, such election may be ordered by any justice of the supreme judicial court.
(Amendment of 10-14-1975; Ord. of 11-6-1984)
The provisions of the laws of the State of Maine relating to the qualifications of electors, registration, the manner of voting, the duties of election officers, and all other particulars in respect to preparation for, conducting and management of elections, so far as they may be applicable, shall govern all municipal elections of Old Town except as otherwise provided in this charter.