Article
VII:
Nominations
and Elections
Section 7. 1. City elections.
(a) Regular elections. The regular city election shall be
held on the first Tuesday in April in each even numbered year.
(b) Special elections. The council may by resolution order special
elections, fix the time for such elections, and provide for
holding such elections.
(c)
Conduct of elections. All
city elections shall be nonpartisan and governed by the
provisions of this charter and of applicable state law. The
council may by ordinance further regulate city elections
consistent with the provisions of this charter and state law.
Section 7.2. Nominations by petition.
(a)
Nominations. Nominations
of candidates for all elective offices shall be by petition.
Petitions nominating candidates shall be signed by not less
than 100 registered voters of the city. The signatures shall
be executed in ink. Each signer shall indicate next to the
signer's signature the date of signing and the signer's place
of residence, giving the street and number or other
description sufficient to identify the signer's place of
residence. The council by ordinance shall designate the
appropriate form for nominating petitions and for acceptance
of nominations.
(b) Filing and acceptance. All separate papers comprising a
nominating petition shall be assembled and filed with the City
Clerk as one instrument not earlier than 180 days before the
close of filing and not later than one week prior to the time
when the city must certify the candidates to the St. Louis
County Board of Election Commissioners. The City Clerk shall
make a record of the exact time when each petition is filed.
No nominating petition shall be accepted unless accompanied by
a signed acceptance of the nomination.
(c)
Procedure after filing.
Within five days after the filing of a nominating
petition, the City Clerk shall certify the petition to the St.
Louis County Board of El 19 ion Commissioners to verify the
signatures.
Promptly upon receipt of the report of the Board of Election
Commissioners, the City Clerk shall notify the candidate and
the person who filed the petition whether or not it is
sufficient. If a petition is not sufficient, the City Clerk
shall return it immediately to the person who filed it with a
statement certifying wherein it is found to be insufficient.
Within the regular time for filing petitions, such a petition
may be amended and filed again or a new petition may be filed
for the candidate. The City Clerk shall keep on file all
petitions found sufficient at least until the expiration of
the term for which the candidates are nominated in those
petitions.
Section
7.3. Preparation of ballots.
The
City Clerk shall cause the names of the candidates to appear
on all ballots in the order in which the candidates filed
petitions for nominations which were verified and accepted.
The candidates shall appear on the ballot without party
designations.
Section
7.4. Election procedure and determination of results.
(a)
Voting. At
the city election each elector shall be entitled to vote for
the number of candidates who are to be elected Council Members
and in the mayoral election shall be entitled to vote for one
candidate for the office of Mayor.
(b)
Council Members. Upon
receipt of the results of the city election the city council
shall notify the candidates who have been elected Council
Member. The number of candidates, equal to the number of
Council Members positions to be filled in the city council,
receiving the highest number of votes shall be certified
elected. In the event of a tie in a significant position such
tie shall be resolved by a special run-off election
between the candidates who have tied
which special
election shall be held within thirty-five (35) days of
the certification of the election results or at the next
available election date provided by law.
(c)
Mayor. Upon
receipt of the results of the city election the city council
shall certify the mayoral candidate receiving the highest
number of votes to be elected to the office of Mayor. in the
event of a tie, such tie shall be resolved by a special
run-off election between the candidates who have tied,
which special election shall be held within thirty-five
(35) days of the certification of the election results or at
the next available election date provided by law.
Article
VIll:
Initiative, Referendum and Recall
Section
8.1.
General
authority.
(a)
Initiative. The registered voters of the city shall have power
to propose ordinances to the council and, if the council fails
to adopt an ordinance so proposed without any change in
substance, the registered voters shall have the power to adopt
or reject the proposed ordinance at an election. The
initiative power shall not extend to any ordinance relating to
zoning, salaries of city officers or employees, or requiring
any appropriation of money unless such ordinance provides for
additional revenues therefore. No proposed initiative ordinance
shall contain more than one subject which shall be clearly
expressed in its title.
(b) Referendum. The registered voters of the city shall have power
to require reconsideration by the council of any adopted
ordinance and, if the council fails to repeal an ordinance so
reconsidered, the registered voters shall have the power to
approve or reject it at an election. The referendum power
shall not extend to any emergency ordinance, any ordinance
levying a special assessment or providing for the issuance of
special tax bills, or any ordinance appropriating money or
levying taxes.
(c) Recall.
(i) Any elected official may be removed by the
registered voters. No elected official shall be subject to
recall within six months after induction into office nor
during the last six months of the official's term. If the
elected official is retained in office upon any recall
election, the official shall not be subject to recall within
six months after such recall election.
(ii) The recall question shall be submitted to the voters in
substantially the following form:
Shall
Name____________
Title
________________
be
removed from office? Yes
No
Section 8.2. Commencement of proceedings;
petitioners' committee; affidavit.
Any
ten registered voters may commence initiative, referendum, or
recall proceedings by filing with the City Clerk an
affidavit
stating they will constitute the petitioners' committee and be
responsible for circulating the petition and filing it in
proper form. The affidavit shall also contain the following
information which may be in separate documents attached to the
affidavit and incorporated by reference:
(i) The names and addresses of each committee member.
(ii) The address to which all notices to the committee
should be sent.
(iii) The ordinance, in full, which the committee
desires to be adopted or reconsidered, or the name and office
of the official sought to be recalled.
The
City Clerk shall issue the appropriate petition blanks to the
petitioners' committee promptly after its affidavit is filed.
At such time the City Clerk shall also furnish the committee
in writing the total number of persons registered to vote at
the last regular city election.
Section
8.3.
Petitions.
(a) Number of signatures.
(i) Initiative.
Initiative petitions must be signed by a number of
registered voters equal to at least 5% of the total number of
persons registered to vote at the last regular city election.
(ii)
Referendum. Referendum
petitions must be signed by a number of registered voters
equal to at least 10% of the total number of persons
registered to vote at the last regular city election.
(iii) Recall.
Recall petitions must be signed by a number of registered
voters equal to at least 15% of the total number of persons
registered to vote at the last regular city election.
(b)
Form and content. All
papers of a petition shall be uniform in size and style and
shall be assembled as one instrument for filing. Each
signature shall be executed in ink and shall be followed by
the address of the person signing. Petitions shall contain or
have attached thereto throughout their circulation the full
text of the ordinance proposed or sought to be reconsidered,
or the name and office of the official for whom recall is
sought.
(c)
Affidavit of circulator.
Each
paper of a petition shall have attached to it when filed an
affidavit executed by the circulator thereof stating that such
circulator personally circulated the paper, the number of
signatures thereon, that all the signatures were affixed in
the presence of such circulator, that the circulator believes
them to be the genuine signatures of the persons whose names
they purport to be and that each signer had an opportunity
before signing to read the full text of the ordinance proposed
or sought to be reconsidered.
(d) Time for filing referendum
petitions. Referendum petitions must be filed within 30
days after adoption by the council of the ordinance sought to
be reconsidered.
Section
8.4. Procedure after filing.
(a)
Certificate of City
Clerk; amendment. Within twenty days after a petition with
the apparent number of required signatures is filed, the City
Clerk shall complete a certificate as to its sufficiency,
specifying, if it is insufficient, the reasons it is
defective. A copy of the certificate shall promptly be sent to
the petitioner's committee by registered mail. A petition
certified insufficient for lack of the required number of
valid signatures may be amended once if the petitioner's
committee files a notice of intention to amend it with the
clerk within two days after receiving the copy of such
certificate and files a supplementary petition upon additional
papers within ten days after receiving the copy of such
certificate. Such supplementary petition shall comply with the
requirements of subsections (b) and (c) of Section 8.3, and
within five days after it is filed the City Clerk shall
complete a certificate as to the sufficiency of the petition
as amended and promptly send a copy of such certificate to the
petitioners' committee by registered mail as in the case of an
original petition. If a petition is certified to be
insufficient and no timely amended petition is filed, or if an
amended petition is certified to be insufficient, no further
action shall be had thereon and such determination shall be
deemed the final determination.
(b)
Court review; new petition.
A
final determination as to the sufficiency of a petition shall
be subject to court review in the manner provided by law for
review of administrative decisions. A final determination of
insufficiency, even if sustained upon court review, shall not
prejudice the filing of a new petition for the same purpose.
Section 8.5.
Referendum petitions; suspension of effect of ordinance.
When
a referendum petition is timely filed with the City Clerk, the
ordinance sought to be reconsidered shall be suspended from
taking effect. Such suspension shall terminate when:
(a) There is a final determination of insufficiency of the
petition, or
(b)
The petitioners' committee withdraws the petition, or
(c) The council repeals the ordinance, or
(d)
The election results sustaining the ordinance have been
certified.
Section 8.6. Action on petitions for
initiative and referendum.
(a) Action by council. When an initiative or referendum petition
has been determined sufficient, the council shall promptly
consider the proposed initiative ordinance in the manner
provided in Article III or reconsider the referred ordinance
by voting its repeal. If the council fails to adopt a proposed
initiative ordinance without any change in substance within 60
days or fails to repeal the referred ordinance within 30 days
after the date the petition was finally determined sufficient,
it shall submit the proposed or referred ordinance to the
voters of the city.
(b)
Submission to voters. The vote of the city on a proposed or
referred ordinance shall be held not less than 30 days and not
later than 120 days from the date of the final council vote
thereon. If no regular city election is to be held within the
period prescribed in this subsection, the council shall
provide for a special election; otherwise, the vote shall be
held at the same time as such regular election, except that
the council may in its discretion provide for a special
election at an earlier date within the prescribed period.
Copies of the proposed or referred ordinance shall be made
available at the polls.
Section 8.7. Actions on petitions for
recall.
When
a recall petition has been certified to the city council as
sufficient by the City Clerk, the city council shall at its
next meeting after receipt of such certification fix a date
for holding the election.
The election
shall be held at the next available regular or special
election date for which timely notice may be given.
Section 8.8. Withdrawal of petitions.
An
initiative, referendum, or recall petition may be withdrawn at
any time prior to the fifteenth day preceding the day
scheduled for a vote of the city, by filing with the City
Clerk a request for withdrawal signed by at least eight
members of the petitioners' committee. Upon the filing of such
request the petition shall have no further force or effect and
all proceedings thereon shall be terminated.
Section 8.9. Results of election.
(a) Initiative. If a majority of the electors voting on a proposed
initiative ordinance vote in its favor, it shall be deemed
adopted. If conflicting ordinances are approved at the same
election, the one receiving the greatest number of affirmative
votes shall prevail.
(b) Referendum.
If a majority of the electors voting on a referred
ordinance vote to repeal the ordinance, it shall be deemed
repealed.
(c) Recall. If a majority of the electors voting at a recall
election shall vote in favor of the proposition to remove an
official, a vacancy shall exist in the office and such vacancy
shall be filled as provided by the charter. If a majority of
the electors voting at a recall election shall vote against
the proposition to remove an official, the official shall
remain in office. An official who has been removed from office
by recall shall be ineligible to serve as an appointed
official at any time during the remainder of the term for
which the official was elected.