CHAPTER 115: ELECTIONS
SECTION 115.010: BIENNIAL ELECTION OF CITY OFFICERS
A. On the third (3rd) Tuesday in April, the year 1998 and every two (2) years thereafter, there shall be an election in each ward of the City of La Grange, Missouri, for the election of three (3) Council members' one (1) from each ward as stated in Section 115.050 who shall hold his/her office for a term of two (2) years, beginning on the second (2nd) Monday in May next following said election and after his/her predecessor has completed old business.
B. On the third (3rd) Tuesday in April, in the year 1999 and every two (2) years thereafter, there shall be an election held in each ward of the City of La Grange, Missouri, for the election of Mayor, Marshall and three (3) Council members' one (1) from each ward as stated in Section 115.050 who shall hold his/her office for a term of two (2) years, beginning on the second (2nd) Monday in May next following said election and after his/her predecessor has completed old business. Provided that a failure for any cause to hold an election at the time prescribed shall not be deemed a lapse, but the election may therefore be held at such time as the Mayor shall determine. (Ord. No. 3 §1; Ord. No. 391 §§1--2, 11-24-97)
SECTION 115.020: POLLING PLACES
All elections for City Officers shall be held at such place in said City as the Mayor may designate, and according to the regulations herein contained. (Ord. No. 207 §2)
SECTION 115.030: NOTICE OF CALLED ELECTION
The City Clerk will in the week of the fourteenth (14th) Tuesday prior to a City election place a Notice for a called election in the Press-News Journal, in Canton, Missouri, calling for said City election by the La Grange City Council. It is therefore provided all official notices required by the ordinances of the City of La Grange, Missouri, be published in the Canton Press-News Journal until the further amendment of provisions by the Council are made. (Ord. No. 215 §2; Ord. No. 391 §§5--6, 11-24-97)
SECTION 115.040: ELECTION OF JUDGES
The Mayor shall once in each year by and with the consent of the City Council, appoint three respectable householders, who are legally qualified voters in said City, in each ward in the City, to act for one (1) year as judges of all City elections, and in the event any judge fails to appear to perform his duties, the vacancy so created, shall be filled as set forth by Statute in the State of Missouri. (Ord. No. 3 §4)
SECTION 115.050: WARDS
The City of La Grange is hereby divided into three (3) wards as follows, to-wit: All that part of the City north of the center of Monroe Street, and extending from the Mississippi River westward to the West line of said City, shall constitute the First ward; and all that portion between the center of Monroe Street and the center of South Street, and between the Mississippi River and the West line of the City, shall constitute the Second ward; and all that part of the City lying and being South of the center of South Street, extending from the Mississippi River to the West line of said City, shall constitute the Third ward. (Ord. No. 3 §5)
SECTION 115.060: DELIVERY OF BALLOT BOXES AND POLL BOOKS TO JUDGE
The City Clerk shall at least ten (10) days before any election, notify the judges thereof of their appointments, and to one of whom in each ward he shall deliver a ballot box and blank poll books, with the necessary certificates for use of the judges and clerks in certifying the result of the election. (Ord. No. 3 §6)
SECTION 115.070: JUDGES AND CLERKS' OATH
The judges and clerks of elections, shall before entering upon their duties take and subscribe an oath that they will faithfully and impartially discharge their duties, and that they will not, unless legally authorized, disclose how any voter shall vote. (Ord. No. 3 §7)
SECTION 115.080: ACCOMMODATIONS FOR JUDGES AND CLERKS
The City Marshal shall provide at the expense of the City, suitable accommodations for the judges and clerks of election. (Ord. No. 3 §8)
SECTION 115.090: DUTIES OF JUDGES
The judges shall carefully examine into the qualifications to vote of each person offering to vote, and if they think proper, upon demand of the person offering to vote, examine such person offering to vote, upon oath, touching his qualifications to vote, and when any person is so examined on oath, the fact shall be so noted by the clerks, on the poll books opposite his name. (Ord. No. 3 §9)
SECTION 115.100: CLERKS' DUTIES
The clerks of election shall enter in the poll books the name of every person voting, or offering to vote. It shall be the duty of the judges of election, to number on back of each ballot before it is placed in the ballot box, the number of the ballot, beginning with one and continuing consecutively, and the clerk shall also place the same number before the name of the voter on the poll books. (Ord. No. 3 §10)
SECTION 115.110: VIOLATION OF ELECTION CONDUCT
The judges shall have full power to take any steps by them deemed advisable to preserve order at the polls, and no person shall be allowed to electioneer within thirty (30) feet of the polls, and no person, unless he is going to vote or returning therefrom, shall be allowed to stand or remain within thirty (30) feet of the voting place. Any person violating any provision of the Section, shall be deemed guilty of a misdemeanor, and upon conviction, fined in a sum not less than three dollars ($3.00) and not more than fifty dollars ($50.00) for each offense. (Ord. No. 3 §11)
SECTION 115.120: COUNTING OF BALLOTS
A. At the close of the polls the judges shall proceed to call, and the clerks to record the ballots and ascertain the number of votes for each person or proposition voted for, and shall continue the counting of the ballots without adjournment, until all are counted, when they shall immediately certify the aggregate number of votes cast for each person or proposition.
B. On the next day following the election, the judges shall make returns thereof as directed in the City Charter, and shall at the same time, return sealed up in the ballot boxes, the ballots case, and upon such returns being made, the clerk shall, in the presence of the Mayor and at least two (2) judges of the election, if the election be a regular one, or one (1) judge in the case of a special, proceed without delay, to count the number of votes certified in each poll book, and make out a certificate stating the name of each person voted for at full length, the office for which said votes were cast, and the aggregate number of votes given to each person, which certificates shall be signed by the Mayor, and attested by the City Clerk.
C. The next day the Council shall make out and deliver to the candidate receiving the largest number of votes for any office a certificate of election setting forth the office to which elected. (Ord. No. 3 §12-14)
SECTION 115.130: JUDGES AND CLERKS UNABLE TO PERFORM DUTIES
If, after the judges and clerks enter upon the performance of their duties, they become sick or unable from any cause to act at such election, such vacancy, in case of a judge, shall be filled by the Mayor, and in case of a clerk, by the judges. (Ord. No. 3 §15)
SECTION 115.140: POLL HOURS
The polls shall open at 6:00 A.M. and be kept open continuously until 7:00 P.M. (Ord. No. 3 §16; Ord. No. 391 §§7--8, 11-24-97)
SECTION 115.150: TIE VOTE
In case of a tie in the election of Councilmen, the City Clerk shall place in a hat or box of convenient size, on separate slips of paper, the names of the persons receiving equal number of votes and the Mayor shall draw from said hat or box, one (1) of the papers, and the person whose name is written on the paper drawn, shall be declared duly elected. In case of a tie for Mayor, or other Officer, (other than Councilmen) the City Council shall vote by paper ballot, and the person or persons so tied receiving the greatest number of ballots, shall be declared duly elected to said office. All contested elections shall be heard and determined by the Council according to the rules of the evidence received in courts of justice, and the finding of the Council in such contests shall be final and conclusive. The Mayor shall preside at such hearings and is authorized to administer oaths. (Ord. No. 3. §17)
SECTION 115.160: CANDIDATE FILING DEADLINE
A. No person's name shall be printed upon the ballot used at any City election unless such person makes written application to become a candidate for City Office with the City Clerk between 8:00 A.M., of the thirteenth (13th) Tuesday prior to the City election and 5:00 P.M., of the ninth (9th) Tuesday prior to the City election.
B. No person's name shall be counted as a write-in candidate on the ballot unless that candidate has filed a declaration of intent to be a write-in candidate for election to the office with the proper election authority prior to 5:00 P.M., on the second (2nd) Friday immediately preceding the election day as stated in Missouri Statutes Section 115.453, Subsection (4). (Ord. No. 3 §18; Ord. No. 391 §§3--4, 11-24-97)
SECTION 115.170: PROPOSITION ON BALLOT
Whenever any proposition of any kind is to be submitted to a popular vote of the people of the City, the same shall be certified to the City Clerk, in the same manner as nominations, and the same shall be published and placed on the ballot to be used at such election, and placed thereon in a manner so that the electors can vote "for" or "against" it. (Ord. No. 3 §19)
SECTION 115.180: PRINTED BALLOTS
A. It shall be the duty of the City Clerk, at the expense of the City, to provide printed ballots for every election, in the City, giving the names of the candidates or proposition to be voted upon, and the office desired by any candidate, and also giving the names of each candidate, provided such are furnished to him at least ten (10) days next before the day of the election. And the City Clerk shall provide one hundred (100) ballots for each ward for every fifty (50) electors or fractional part thereof, who voted at the last annual City election.
B. Before delivering the ballot to any elector when he presents himself to vote, the two (2) judges of the election having charge of the ballots shall write their initials on the back of each ballot with ink or indelible pencil, and no other writing shall be on the back of the ballot, except the number of the ballot. (Ord. No. 3 §20-21)
SECTION 115.190: GENERAL PROVISIONS
In all cases not provided for in the Charter or ordinances of the City, all City elections shall be governed by the provisions of law governing State and County Elections in Missouri, whenever the same may be applicable. (Ord. No. 3 §22)
SECTION 115.200: PUBLICATION OF SAMPLE BALLOTS FOR CITY ELECTIONS
A. The first (1st) publication of a sample ballot for the City of La Grange election shall be printed in the Canton Press-News Journal two (2) weeks prior to an election.
B. The second (2nd) publication of a sample ballot for the City of La Grange election shall be printed in the Canton Press-News Journal one (1) week prior to the election.
C. Each published ballot should include the date and time of election and the name of the officer or agency calling for the election.
D. The second (2nd) published ballot shall include the location of polling place, the opening dates and closing date of election. (Ord. No. 391 §9, 11-24-97)