Municipal ElectionsEmergency Elections in Cities
Section § 10300
This law allows city voters to ask the Governor to appoint three election commissioners if the city hasn't elected its officers according to its charter, leaving it without leadership or failing to hold an election. It also applies if the city tried but failed to adopt a new charter, and the charter was invalidated, which resulted in not legally electing officers.
Section § 10301
This law outlines what needs to be included in a petition when submitting it to the Governor. It must include the city's name, the date and how it was organized, and details about the last election and current status of city officers. It should also mention the rules for who can vote according to the city's charter, confirm that everyone signing the petition is qualified to vote as per these rules, and that all signers are homeowners and property owners in the city.
Section § 10302
This law requires a petition in a city to be signed by at least 75 individuals who meet specific qualifications stated in the petition. Additionally, at least two of the signers must confirm that the information in the petition is accurate and that all signers are qualified.
Section § 10303
When a petition is presented to the Governor, they must either make a decision on it or ask for more evidence. If the Governor is convinced the petition is accurate, they will appoint three people to serve as election commissioners for the city. This group will be called the board of election commissioners, using the city's name.
Section § 10304
After being appointed, the commissioners are given a formal confirmation by the Governor, which proves that everything was done properly up to that point. Within 10 days of their appointment, they need to take an official oath of office, and this oath must be attached to their commission and filed with the Secretary of State. The commission must then appoint a president and a secretary from among themselves and keep a record of their meetings, which the president and secretary need to sign.
Section § 10305
This law allows city officials to call for an election to fill municipal offices specified by the city charter. They must enter the decision into their records and clearly list the positions and date of the election. If the election is for a particular part of the city, like a ward or subdivision, that must be stated in the order.
Section § 10306
Before an election, the commission must set up precinct boards and decide where the election will be held, following the city charter. They need to announce the election in local newspapers or by posting notices at least 20 days before the election. The election is held according to city charter rules, but printed voter lists aren't necessary. If a voter's name isn't on the county register, they can swear under oath that they believe it is, and this statement is enough for the precinct board if no other proof is provided.
Section § 10307
This law states that precinct boards must return the election results to the commission as outlined by the city charter. They should report results for all officers, regardless of the scope of their election (city-wide or specific areas). A precinct board member is not allowed to issue an election certificate.
Section § 10308
After an election, the commissioners have five days to review the election results and announce who won. They then provide official election certificates to the winners. These certificates, signed by all the commissioners, act as proof that the election process was conducted correctly. However, this proof can be challenged if someone wants to legally contest a winner's right to hold office.
Section § 10309
After being officially elected, individuals have 10 days to take their oath and start their duties as required by the charter. If they don't do this in time, their position is considered vacant.
Section § 10310
After an election, election commissioners need to hand over all related documents to the city's governing body during their first meeting. Then, these documents are to be officially filed by the elections official. The governing body will also record important documents like the Governor-issued commission, the commissioners’ meeting minutes, and the election notice in their official minutes book. These records are to be treated as solid proof of what they contain, just like the original documents.
Section § 10311
This law says that once the newly elected or appointed city officials have officially taken on their responsibilities, the city is considered to be fully functioning and organized, even if their election didn't happen exactly as the city's rules originally planned.
Section § 10312
This law mandates that when a city's government is fully operational, its governing body must officially record this status with a resolution in their official minutes. This resolution serves as undeniable proof of the government's operational status, unless a legal action is taken specifically to challenge or nullify it.