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HomeMy WebLinkAbout1009-Amend codes-electionsBILL N0. 2010-033 ORDINANCE NO. ~ O Q AN ORDINANCE AMENDING CITY CODE SECTION 105.020 RELATING TO THE OPENING DATE FOR FILING A DECLARATION OF CANDIDACY FOR MUNICIPAL OFFICE AND AMENDING CITY CODE SECTION 105.040(A) RELATING TO THE NOTICE OF ELECTION PROVIDED TO THE ELECTION AUTHORITY. WHEREAS, Section 105.020 of the City Code currently provides for the opening date for filing a declaration of candidacy within the City shall be the 15th Tuesday prior to the election date; and WHEREAS, State law provides that the opening date shall be the 16th Tuesday prior to the election date and it is necessary for the City requirements to conform to the state law on this subject (See Section 115.127.5 RS Mo.); and WHEREAS, Section 105.040(A) of the City Code currently provides for notification of the election to be provided to the County Clerk no later than 5:00 pm on the 10th Tuesday prior to the election date, or within 7 working days after the candidates' names are certified, whichever is later, and WHEREAS, State law provides that the notice of election and certification of ballots to the election authority must occur no later than 5:00 pm on the 10th Tuesday prior to the election with no other contingence es (See Section 115.125.1 RSMo.); and WHEREAS, the Board of Aldermen find it is in the best interests of the City to amend the City Code to conform to the election laws of the State of Missouri as set forth herein; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1 -AMENDMENT OF SECTION 105.020 OF THE CITY CODE. Title I, Chapter 100, Section 105.020 of the Riverside City Code is hereby amended to read as follows: Section 105.020 -DATES FOR FILING OF DECLARATIONS: The opening date for filing a declaration of candidacy for any municipal office shall be 8:00 a.m. on the sixteenth (16th) Tuesday prior to the election. The closing date for filing a declaration of candidacy for any municipal office shall be 5:00 p.m. on the eleventh (11th) Tuesday prior to the election; provided however all candidates for office at any special election shall file their declaration of candidacy at least ten (10) days before the election. SECTION 2 -AMENDMENT OF SECTION 105.040(A) OF THE CITY CODE. Title I, Chapter 100, Section 105.040 Subsection "A" of the Riverside City Code is hereby amended to read as follows: Section 105.040(A) -NOTICE OF ELECTION: A. Not later than 5:00 P.M. on the tenth (10th) Tuesday prior to any election, except a special election to decide an election contest or tie vote, the officer calling the election shall notify the election authority responsible for the election. The notice shall be in writing, and shall specify the name of the officer or agency calling the election and shall include a certified copy of the legal notice to be published pursuant to Section 115.127.2, RSMo. Each such legal notice shall include the date and time of the election, the name of the officer or agency calling the election and a sample ballot. SECTION 3 -REPEAL OF ORDINANCES IN CONFLICT. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 4 - SEVERABILITY CLAUSE. The provisions of this ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this ordinance. SECTION 5 -EFFECTIVE DATE. This ordinance shall be in f ull force and effect from and after the date of its passage and approval . BE IT REMEMBERED that the above was read two times by heading only, passed and approved by a majority of~e~Q and of Ald rmen and approved by the Mayor of the City of Riverside, Missouri, this _ ~'~-day of , 2010. a~ . ~~~ Kathleen L. Rose, Mayor ATTEST: APPROV AS TO FORM: ~, Robin Littrell, City Clerk N n mps ,City Attorney 2010-033 Ord Amend City Code Election Filing Date 2