[CC 1988 §9-12; Ord. No. 2900 §1, 5-6-1988; Ord.
No. 3320 §1, 9-15-1997; Ord. No. 3957 §1, 1-21-2013]
All City elections shall be held on Tuesday. The City general
election day shall be the first (1st) Tuesday after the first (1st)
Monday in April each year. Pursuant to the provisions of Section 78.530,
RSMo., the primary election has been and same is hereby eliminated.
Except as otherwise provided, other authorized City election days
are the first (1st) Tuesday after the first (1st) Monday in March
or November, or in non-primary years on the first (1st) Tuesday after
the first (1st) Monday in August, or such other day authorized in
the provisions of Section 115.123, RSMo. In accordance with Section
115.123, RSMo., bond elections may be held on the first (1st) Tuesday
after the first (1st) Monday in February but no other issue shall
be included on the ballot for such election.
[R.O. 1952 §7.3; CC 1988 §9-13; Ord. No. 2620 §1, 11-21-1977; Ord. No. 2672 §3, 11-5-1979; Ord. No. 2693 §2, 10-20-1980; Ord. No. 2742 §1, 10-3-1983; Ord. No. 3267 §1, 7-15-1996]
Not later than 5:00 P.M. on the tenth (10th) Tuesday prior to
any City election, except a special election to decide an election
contest or tie vote, or notwithstanding any prior laws to the contrary,
in the year 1996 and thereafter, within seven (7) working days after
the candidates' names are certified to the City Clerk, whichever is
later, the City Clerk shall notify the County Clerk of the forthcoming
City election. The notice shall be in writing and shall specify that
the City is calling the election, the purpose of the election, the
date of the election and shall include a certified copy of the legal
notice to be published pursuant to Section 115.127, RSMo. The notice
and any other information required by this Section may be delivered
by facsimile transmission, provided that the original copy of the
notice and a certified copy of the legal notice to be published shall
be delivered by certified United States mail for receipt by the County
Clerk within three (3) business days of the delivery by facsimile
transmission. In lieu of a certified copy of the legal notice to be
published pursuant to Section 115.127, RSMo., each notice of a special
election to fill a vacancy shall include the name of the office to
be filled, the date of the election and the date by which candidates
must be selected or filed for the office. Not later than the fourth
(4th) Tuesday prior to any special election to fill a vacancy called
by the City, the City Clerk shall certify a sample ballot to the County
Clerk.
[R.O. 1975 §7.6; CC 1988 §9-20; Ord. No. 2620 §1, 11-21-1977; Ord. No. 2742 §1, 10-3-1983; Ord. No. 3269 §1, 7-15-1996]
A.
If
two (2) or more persons receive an equal number of votes for Council
members, and a higher number of votes than any other candidate for
election to the City Council, the City Clerk shall, immediately after
the results of the election have been certified, issue a proclamation
stating the fact and ordering a special election to determine which
candidate is elected to the City Council. The proclamation shall set
the date of the election and shall be sent by the City Clerk to the
County Clerk, as the election authority responsible for conducting
the special election. In the proclamation, the City Clerk shall specify
the name of each candidate for Council member to be voted on at the
election, and the special election shall be conducted and the votes
counted as in other elections. Only the names of those persons who
have received an equal number of votes for the election to the City
Council, and a higher number of votes than any other candidate for
the City Council at the same election, shall appear on the special
election ballot. Such special election may be held on any Tuesday
authorized by the Council by appropriate election ordinances.
B.
As an alternative to the procedure prescribed in Subsection (A), if the candidates who received an equal number of votes in such election agree to the procedures prescribed in this Subsection, the City Clerk may, after notification of the time and place of such drawing given to each such candidate at least five (5) days before such drawing, determine the winner of such election by lot. Any candidate who received an equal number of votes may decline to have his/her name put into such drawing.
C.
The
County Clerk, upon receiving a proclamation ordering a special election
to decide a tie vote, shall cause legal notice of the election to
be published once in the fourteen (14) days prior to the election.
The notice shall be published in a newspaper of general circulation
in the City and shall include the date and time of the election that
the City is calling the election and a sample ballot. The County Clerk
may provide any additional notice of the election it deems desirable.
[CC 1988 §9-17; Ord. No. 2620 §1, 11-21-1977; Ord. No. 2742 §1, 10-3-1983]
The form of ballots for election shall be as provided by Section
78.530, RSMo. The City Clerk shall prepare the sample ballot. The
ballot shall be in substantially the following form:
Warning: Voting for more than the total number of candidates
to be elected to any office will invalidate this ballot.
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OFFICIAL BALLOT
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Candidates for Councilmen of De Soto at general election.
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FOR COUNCILMEN
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Vote for (number to be elected).
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( )
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........(Name of Candidate)........
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( )
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........(Name of Candidate)........
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( )
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........(Name of Candidate)........
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