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Article 9: Elections

Sec. 1. Permitted types of election.

Elections to be held in the city shall be either primary, general or special elections.

(a)  Primary elections shall be held for the purpose of electing officers of the city and determining whether a general election is necessary.  In the event that no more than two candidates file nominating petitions for each vacancy in office, the primary election may be dispensed with as to that office.

(b)  General elections shall be held when any elected offices remain unfilled after the primary election.

(c)  All other municipal elections that may be held by authority of this charter, or of any other law, shall be known as special elections and may, at the discretion of the city council, be conducted concurrently with a primary, general or any other election authorized by law.

Sec. 2. Qualifications of electors; registration.

The qualifications of electors shall be as required by the constitution and laws of this state for state, county and city electors. Registration of voters shall be as required by the laws of this state and the register of qualified electors shall be compiled from the general county register.

Sec. 3. Arrangement of names not to reveal source of candidacy or support of candidates.

The names of the candidates for each office shall be arranged as provided by law and nothing on the ballot shall be indicative of the source of the candidacy or of the support of any candidate.

Sec. 4. Time of holding primary elections.

Primary elections shall be held in even numbered years on the first calendar date authorized by the state law establishing mandatory election dates.  If there is no such law, or if the state law is made optional or is determined not to be mandatory for charter cities, then the primary election shall be held on the third Tuesday in February.  General elections, if necessary, shall be held following primary elections on the second calendar date authorized by the state law establishing mandatory election dates.  If there is no such law, or if the state law is made optional or is determined not to be mandatory for charter cities, then the general shall be held on the fourth Tuesday in March.

Sec. 5. Majority to elect in primary.

Any candidate who shall receive at the primary election, the number of votes constituting a majority of all of the legal votes cast in that candidate's race, shall be declared to be elected to the office for which he is a candidate, and no further elections shall be held as to said candidate.  A "legal vote" means a vote actually cast in that candidate's race and excludes ballots and other votes that were not actually cast in that race.

The majority of votes cast shall be determined by dividing the total number of legal votes cast in each candidate's race by the number of seats to be filled, dividing that number in half, and rounding to the next highest whole number.

If more candidates than there are offices to be filled receive the number of votes constituting a majority of all of the legal votes cast, then those candidates, equal in number to the number of offices to be filled, receiving the highest number of legal votes shall be declared to be elected.

Sec. 6. General election.

If at any primary election there be any office or offices to which no candidate therefor was elected, then a general election shall be held to elect candidates to fill such office or offices. The candidates not elected at the primary election, equal in number to twice the number to be elected to any given office, or less if so there be, and who received the highest number of votes for the respective offices at the primary election, shall be the only candidates at the general election; provided, that if there be any person who under the provisions of this section would have been entitled to become a candidate for any office, except for the fact that some other candidate received an equal number of votes therefor, then all such persons receiving said equal number of votes shall likewise become candidates for such office.

Sec. 7. Candidates receiving most votes to be elected.

The candidates, equal in number to the persons to be elected, who shall receive the highest number of votes at a general election shall be declared elected to such office. In any cases of ties, the decision as to winner shall be determined by lot.

Sec. 8. Special elections.

Subject to the requirements of any state election laws that may apply, the council shall provide the time, manner and means of holding any special election, provided that no election shall be called less than thirty (30) days following public notice as required by state law or ordinance. All special elections shall be conducted in the same manner and under the same provisions as are provided for the holding of general elections.