As provided by Chapter VII of the City Charter, state elections laws relating to matters not regulated by this subchapter apply to city elections. The provisions of the City Charter and this subchapter prevail over any conflicting provisions of state law.
(Ord. 253, Amended, 06/10/2005)
The following words or phrases have the following meanings unless
the context clearly requires a different meaning:
means an individual whose name appears or is expected to
appear on an official ballot.
means an ordinance or proposed ordinance, or a proposed amendment,
revision or repeal of the City Charter.
means the office of mayor or councilor.
means an individual eligible under state and city law to
vote in city elections.
means proposed city legislation submitted to electors by
a petition of qualified electors.
means city legislation, or a proposition or question for
city electors.
means information required for a completed petition, except
for signatures and other identification of petition signers.
means an individual qualified to vote under Section 2, Article
II, Oregon Constitution.
means the City Recorder or authorized representative.
means city legislation submitted to electors by the Council
or by a petition of qualified electors, or a proposition or question
submitted to city electors by the Council.
means a city election held at the same time as a primary
or general biennial election for electing federal, state or county
officers.
means a city election not held on the date for a regular
election.
means the term of office of the last person elected to the
office.
(Ord. 253, Added 06/10/2005)
A qualified elector who has resided in the City during the 12
months immediately preceding the election may be a candidate for an
elective city position.
(Ord. 253, Added 06/10/2005)
A.
An eligible
elector may become a candidate for an elective city position by filing
a nomination petition or a declaration of candidacy in a form prescribed
by the Secretary of State and available from the Recorder.
B.
A nomination
petition must contain signatures of not fewer than 20 city qualified
electors as follows:
1.
No
elector shall sign more than one petition for each vacant office.
If he or she does so, his or her signature shall be valid only on
the first sufficient petition filed for the office.
2.
The
signatures to a nomination petition need not all be appended to one
paper, but to each separate paper of the petition shall be attached
an affidavit of the circulator thereof, indicating the number of signers
of the paper and stating that each signature appended thereto was
made in the circulator's presence and is the genuine signature of
the person whose name it purports to be.
3.
With
each signature shall be stated the signer's place of residence, identified
by its street and number or other sufficient description.
4.
The
signatures contained in the nomination petition must be certified
for genuineness by the candidate by submitting the signature sheets
to the appropriate county elections official for signature verification.
5.
Once
the signatures have been verified, the candidate shall file the completed
nominating petition with the Recorder.
(Ord. 253, Added 06/10/2005)
The nomination petition must contain:
A.
The
name by which the candidate is commonly known. A candidate may use
a nickname in parentheses in addition to the candidate's full name.
B.
The
residence address of the candidate.
C.
The
office for which the candidate seeks nomination.
D.
A statement
that the candidate is willing to accept the office if elected.
E.
A statement
that the candidate will qualify if elected.
F.
A statement
of the candidate's occupation, educational and occupational background,
and prior governmental experience.
G.
The
signature of the candidate.
(Ord. 253, Added 06/10/2005)
A.
A nomination
petition must be filed with the Recorder.
B.
The
Recorder will date and time stamp immediately upon filing a nominating
petition, withdrawal or other document required to be filed.
C.
A nomination
petition will be filed not sooner than 120 days nor later than five
days prior to the date set by Statute for the City Recorder to notify
the County Clerk of the measures and candidates to be voted on at
the election.
(Ord. 253, Added 06/10/2005)
If a nomination petition is not signed by the required number
of qualified electors or is not complete, the Recorder will notify
the candidate within five days after the filing. The Recorder will
return it immediately to the candidate, stating in writing how the
petition is deficient. The deficient petition may be amended and filed
again as a new petition, or a substitute petition for the same candidate
may be filed with the time requirements for filing petitions.
(Ord. 253, Added 06/10/2005)
A candidate who has filed a nomination petition may withdraw
by filing a Withdrawal of Candidacy with the Recorder in accordance
with the time requirement for filing petitions.
(Ord. 253, Added 06/10/2005)
The Recorder will certify the nominations to the county clerk
in accordance with the time requirements of state law stating the
offices and the terms of office for which the candidates are nominated.
(Ord. 253, Added 06/10/2005)
A.
A city
elective office becomes vacant as provided by Section 31 of the City
Charter.
B.
A vacancy
in an elective office will be filled as provided by Section 32 of
the City Charter.
(Ord. 253, Added 06/10/2005)
A.
In filling
a vacancy, the Council may make such inquiries and interviews as it
considers necessary to make the appointment. The appointment must
be made at a regular or special council meeting.
B.
The
Council shall use the following procedures in the appointment process:
1.
Prior
to the appointment, notice shall be posted in three public places,
published at least one in a newspaper of general circulation and use
of any other available methods prescribed by the Council.
2.
Deadline
for submitting applications shall be at least two weeks after such
notice.
3.
Appointment
from those applicants by members of the Council. The Recorder shall
announce the results of each ballot and shall record each councilor's
vote. An applicant who receives a majority of the votes cast by the
remaining council members shall be appointed to the vacant position.
If no applicant receives a majority vote on the first ballot, the
Council shall continue to vote on the two applicants who receive the
most votes until an applicant receives a majority of the votes from
the Councilors voting.
(Ord. 253, Added 06/10/2005)
State elections laws relating to initiative and referendum apply
to city elections.
The City Recorder or the City Attorney is authorized to prepare
explanatory statement(s) for review and approval by Council Resolution
to be included in the Lincoln County Voter's Pamphlet for matters
relating to municipal legislation referred or initiated by petition
consistent with the terms of ORS 251.345 and OAR 165-022-0040.
(Ord. 253, Added 06/10/2005; Ord. 261, Amended, 11/15/2006)
A.
The
Council may directly refer to the electors any ordinance adopted by
it or any proposed ordinance, property tax, bond or other proposition
or question. It may also directly refer to the electors any proposed
amendment, revision or the repeal of the Charter.
B.
The
City Attorney shall review a ballot title and explanatory statement
prepared by City staff to ensure that it conforms to the requirements
of state law. The Council shall certify and file the ballot title
and explanatory statement with the Recorder.
C.
The Recorder shall publish in a newspaper of general circulation in the City a notice of receipt of the ballot title including notice that an elector may file a petition for review of the ballot title or explanatory statement not later than the date set in subsection D.
D.
Any
elector may petition the Oregon Circuit Court to challenge the ballot
title certified by the Council. Such petition must be filed with the
Circuit Court within seven business days of council filing of the
ballot title. Any person filing a petition of review with the Circuit
Court must file a copy of the challenge with the Recorder not later
than the end of the business day next following the date the petition
is filed with the Circuit Court. This requirement does not invalidate
a petition that is timely filed with the Circuit Court.
E.
A measure
shall be considered filed under this section as of the date the Council
delivers its certified ballot title to the Recorder.
(Ord. 253, Added 06/10/2005; Ord. 310, Amending, 02/09/2012)
A.
Notice
of elections on measures submitted to city electors on regular or
special election dates must be given in accordance with state law.
B.
Measures
referred by the Council shall be designated on the ballot: "Referred
to the Voters by the City Council."
C.
Measures
proposed by referendum petition shall be designated on the ballot:
"Referred by Petition of the Voters."
D.
Measures
proposed by initiative petition shall be designated on the ballot:
"Proposed by Initiative Petition."
E.
The
Recorder must certify the election results to the Council at the first
council meeting after which the results are certified by the county
clerk.
F.
A measure
adopted by the electors takes effect 30 days after the election, unless
such measure expressly provides a later effective date.
(Ord. 253, Added 06/10/2005)
