City Clerk

Chapter 7

ELECTIONS*

Sec. 7—1. Elections to comply with city and state laws.

All city elections shall be conducted in accordance with the provisions of this chapter, state statutes, and rules and regulations promulgated by the board of election commissioners, St. Louis County, Missouri. (Ord. No. 7073, § 2(a), 7—21—83)

Sec. 7—2. Election dates.

The regular city election shall be held on the first Tuesday in April in each even—numbered year. The council may by resolution order special elections, fix the time for such elections, and provide for holding such elections. (Ord. No. 7073, § 2(b), 7—21—83)

Sec. 7—3. Nominations by Petition.

Petitions used for nominating candidates shall conform to the form adopted by Ordinance No. 7039, passed and approved May 5, 1983, and included herein as Section 7—7. Petitions nominating candidates shall be signed by not less than one hundred (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. (Ord. No. 7073, § 2(c), 7—21—83)

Sec. 7—3.1. 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 one hundred eighty (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. (Ord. No. 7073, § 2(d), 7—21—83)

Sec. 7-4. Procedure after filing.

Within five (5) days after the filing of a nominating petition, the city clerk shall certify the petition to the St. Louis County Board of Election 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 these petitions. (Ord. No. 7073, § 2(e), 7—21—83)

Sec. 7—5. 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. (Ord. No. 7073, § 2(f), 7—21—83)

Sec. 7—6. 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 member 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. (Ord. No. 7073, § 2(g), 7—21—83)

Sec. 7—7. Forms for petition for nomination of and acceptance of nomination by candidates.

(a)The city council does hereby adopt the following form for the petition for nomination of candidates for city offices:

CITY OF KIRKWOOD

PETITION TO NOMINATE CANDIDATE

The undersigned, being a duly registered voter of the City of Kirkwood, Missouri, residing at the place indicated, does hereby nominate:

______________________________

as a candidate for the office of _________________________
at the election to be held ____________________________

   Signature of
Registered Voter                                        Date of                             Address of
    (in ink)                                                   Signature                     Registered Voter

Sign _________________)    ____________    ____________________

                                                       )

Print_________________)
(etc.)

Such petitions may contain any number of lines for signatures by petitioners and may be filed with any number of petitioners thereon.

(b)The city council does hereby adopt the following to be placed at the end of the nominating petition:

STATE OF MISSOURI    )
                                            ) SS.
COUNTY OF ST. LOUIS)

_______________________ being duly sworn upon (his) (her) oath states that (he) (she) is a registered voter of the City of Kirkwood, that each person signing this petition signed in the presence of the undersigned and did at such time certify that such person is a registered voter of the City of Kirkwood.

___________________________________________________________

Subscribed and sworn to before me this ___ day of_________________ 19____.

___________________________________________________________
Notary Public

My commission expires:

(c)The city council does hereby adopt the following form for the acceptance of nomination by candidates for city offices:

CITY OF KIRKWOOD

ACCEPTANCE OF NOMINATION

The undersigned, being a registered voter of the City of Kirkwood, Missouri, does hereby certify that (he) (she) is eligible to serve in the office indicated, and does hereby accept the nomination for the office of

__________________________________________

and (he) (she) consents to have (his) (her) name placed on the ballot of the city for such office at the election to be held:

___________________________________________

Dated this ______ day of______________

____________________________________

(Ord. No. 7039, § § 1—4, 5—5—83)


*Editor's note—Ordinance No. 7073, § 1, adopted July 21, 1983, repealed former Ch. 7, §§7-1—7-6, which pertained to elections and was derived from ord. No. 636, § 2, adopted June 21, 1979. In lieu of former Ch. 7, § 2 of Ord. No. 7073 enacted a new Ch. 7, § 7-1—7-6.

Additionally, Ord. No. 7039, §§ 1—4, adopted May 5, 1983, enacted provisions which the editor has included as § 7-7.

State law references—Election of officers in cities of third class, RSMo § 77.040; suffrage and elections generally, RSMo. Ch. 111 et seq.