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Ordinance - 2011 - 653 - Amending Title 1/Municipal Elections - 02/08/2011 ORDINANCE NO. 653 AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, AMENDING TITLE 1, CHAPTER 9, EAGLE CITY CODE, BY REPEALING AND REPLACING CHAPTER 9 "MUNICIPAL ELECTIONS" IN ITS ENTIRETY; PROVIDING A CODIFICATION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Eagle is a municipal corporation operating under the laws of the State of Idaho; and WHEREAS, the Idaho Legislature amended the laws governing municipal elections in 2009, which amendments became effective January 1, 2011; and WHEREAS, the Mayor and City Council of the City of Eagle have determined that amending the City's municipal election laws to incorporate the amendments to state law made by the Legislature in 2009 is in the public interest; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, IDAHO, as follows: Section 1: That Title 1, Chapter 9, Eagle City Code, is hereby repealed in its entirety and replaced as follows: 1-9-1 Supervision of Administration of Election Laws by County Clerk. 1-9-2 Registration of Electors. 1-9-3 Method of Nomination—Clerk to Furnish Printed Forms. 1-9-4 Time and Manner of Filing Declarations. 1-9-5 Notice of Candidate Filing Deadline. 1-9-6 Canvassing Votes—Determining Results of Election. 1-9-7 Tie Votes. 1-9-8 Failure to Qualify Creates Vacancy. 1-9-9 Certificates of Election. 1-9-10 Application of Campaign Reporting Law. 1-9-11 Initiative and Referendum. 1-9-12 Runoff Election. 1-9-13 Expenses Associated with Conducting an Election 1-9-1 SUPERVISION OF ADMINISTRATION OF ELECTION LAWS BY ADA COUNTY CLERK. The Ada County Clerk is the chief elections officer and shall exercise general supervision of the administration of the election laws in the city for the purpose of achieving and maintaining a maximum degree of correctness, impartiality, efficiency and uniformity. The Ada County Clerk shall meet with and issue instructions to election judges and clerks prior to the opening of the polls to ensure uniformity in the application, operation and interpretation of the election laws during the election. 1-9-2 REGISTRATION OF ELECTORS. All electors must register before being able to vote at any municipal election. The Ada County Clerk shall be the registrar for all city elections and shall conduct voter registration for the city pursuant to the provisions of chapter 4, title 34, Idaho Code. To be eligible to register to vote in city elections, a person shall be at least eighteen (18) years of age, a citizen of the United States and a resident of the city for at least thirty (30) days next preceding the election at which he desires to vote, or a resident of an area annexed by a city pursuant to the provisions of chapter 2, title 50, Idaho Code. 1-9-3 METHOD OF NOMINATION—CITY CLERK TO FURNISH PRINTED FORMS. Candidates for elective city offices shall be nominated by declaration. The declaration shall contain the name and address of the person and the office and the term for which he is being nominated. There shall be no mention relating to party or principal of the nominee. The completed declaration of candidacy shall be accompanied by: (1) a petition of candidacy signed by not less than five (5)registered qualified electors; or(2) a nonrefundable filing fee of forty dollars ($40.00) which shall be deposited in the city treasury. It shall be the duty of the Eagle City Clerk to furnish upon application a reasonable number of regular printed forms, as herein set forth, to any person or persons applying therefor. The forms shall be of uniform size as determined by the Eagle City Clerk. 1-9-4 TIME AND MANNER OF FILING DECLARATIONS. All declarations of candidacy for elective city offices shall be filed with the Eagle City Clerk, not earlier than 8:00 a.m. on the eleventh Monday nor later than 5:00 p.m. on the ninth Friday, immediately preceding election day. Before a candidate files a petition of candidacy with the Eagle City Clerk, the petition signatures shall be verified by the Ada County Clerk in the manner described in section 34-1807, Idaho Code, except that the Eagle City Clerk shall stand in place of the secretary of state. Before any declaration of candidacy and filing fee or petition of candidacy mentioned in section 50-407, Idaho Code, can be filed, the Eagle City Clerk shall ascertain that it conforms to the provisions of chapter 4, title 50, Idaho Code. The Eagle City Clerk shall not accept any declarations of candidacy after 5:OO p.m. on the ninth Friday immediately preceding election day. Write-in candidates shall be governed by section 34-702A, Idaho Code, but shall file the declarations required in that section with the Eagle City Clerk. 1-9-5 NOTICE OF CANDIDATE FILING DEADLINE. Not more than fourteen (14) nor less than seven (7) days preceding the candidate filing deadline for an election, the Eagle City Clerk shall cause to be published in the official newspaper a notice of the forthcoming candidate filing deadline. The notice shall state the name of the city, the date of the election, the offices up for election, that declarations of candidacy are available from the Eagle City Clerk, and the deadline for filing such declarations with the Eagle City Clerk. 1-9-6 CANVASSING VOTES—DETERMINING RESULTS OF ELECTION. The Ada County Commissioners, within ten (10) days following any election, shall meet for the purpose of canvassing the results of the election. Upon acceptance of tabulation of votes prepared by the election judges and clerks, and the canvass as herein provided, the results of both shall be entered in the minutes of city council proceedings and proclaimed as final. Results of election shall be determined as follows: in the case of a single office to be filled, the candidate with the highest number of votes shall be declared elected; in the case where more than one (1) office is to be filled, that number of candidates receiving the highest number of votes, equal to the number of offices to be filled, shall be declared elected. 1-9-7 TIE VOTES. In case of a tie vote between candidates, the Eagle City Clerk shall give notice to the interested candidates to appear before the council at a meeting to be called within six (6) days at which time the Eagle City Clerk shall determine the tie by a toss of a coin. 1-9-8 FAILURE TO QUALIFY CREATES VACANCY. If a person elected fails to qualify, a vacancy shall be declared to exist, which vacancy shall be filled by the mayor and council. 1-9-9 CERTIFICATES OF ELECTION. A certificate of election for each elected city official or appointee to fill such position shall be made under the corporate seal by the Eagle City Clerk, signed by the Mayor and the Eagle City Clerk, and presented to such officials at the time of subscribing to the oath of office. 1-9-10 APPLICATION OF CAMPAIGN REPORTING LAW. The provisions of sections 67-6601 through 67-6616 and 67-6623 through 67-6630, Idaho Code, are hereby made applicable to all elections for mayor, councilman and citywide measures in cities of five thousand (5,000) or more population, except that the Eagle City Clerk shall stand in place of the secretary of state, and the city attorney shall stand in place of the attorney general. 1-9-11 INITIATIVE AND REFERENDUM. A. Creation Of Right: The people of this city shall have the right to enact ordinances through the initiative process, and to repeal ordinances through the referendum process, according to the procedures set forth herein. (Ord. 41, 3-13-1979; amd. Ord. 460, 10-14-2003) B. Requirements For Petitions: 1. General: Referendum and initiative petitions shall conform with the requirements for signature, verification of valid petitions, printing of petitions and time limits, except as expressly modified to meet the purposes of initiative and referendum, to be as nearly as practicable as provided in sections 34-1801 through 34-1805 and 50-50. 11 Idaho Code. 2. Number Of Signatures Required: To enact an ordinance by initiative or to repeal an ordinance by referendum, there shall be attached or appended to the petition the signatures of the legal voters of the city equal to at least twenty percent (20%) of the total number of electors who cast votes at the last general election in the city. 3. Filing Referendum Petitions: Referendum petitions with the requisite number of signatures attached shall be filed with the Eagle City Clerk not less than sixty (60) days following the final adoption of the ordinance to be subject to referendum. (Ord. 611, 9-23-2008) C. Time For Election: A special election for initiative or referendum shall be provided not more than ninety (90) days following the certification of the petition; provided, that in the event a municipal election will occur within ninety (90) days, the initiative and referendum shall be submitted at the time of the municipal election. (Ord. 41, 3-13-1979; amd. Ord. 460, 10-14-2003) 1-9-12 RUNOFF ELECTION. A. Mayor: A majority of the votes for any candidate running for the office of mayor shall be required for election to that office. In the event that no candidate receives a majority of the votes cast, there shall be a runoff election between the two (2) candidates receiving the highest number of votes cast. Such runoff election shall be conducted as in the general election in a manner and at such time, within thirty (30) days of the general election, as prescribed by the city and shall be exempt from the limitations upon elections provided in sections 34-106 and 50-405, Idaho Code. The ballot shall be prepared by the Ada County Clerk not less than twenty-two (22) days preceding the runoff election. The designation of polling places shall be made by the Ada County Commissioners not less than twenty (20) days preceding any runoff election and sample ballots shall be printed not less than eighteen(18) days preceding the runoff election. 1-9-13 EXPENSES ASSOCIATED WITH CONDUCTING ELECTIONS: A. After an election has been ordered, all expenses associated with conducting municipal general and special elections shall be paid from the Ada County election fund as provided by section 34-1411, Idaho Code. B. Expenses associated with conducting runoff elections shall be paid by the city adopting runoff elections pursuant to the provisions of section 50-612 or 50- 707B, Idaho Code, or both. Section 2: If any part of this ordinance shall be held unconstitutional or void, such part shall be deemed separable and its invalidity shall not affect the remaining parts of the ordinance. Section 3: The City Clerk is instructed to immediately forward this ordinance to the codifier of the official municipal code for proper revision of the code. Section 4: That this Ordinance, or a summary thereof in compliance with Section 50- 901 A, Idaho Code, shall be published once in the official newspaper of the City, and shall take effect immediately upon its passage, approval, and publication. PASSED AND ADOPTED by the Council of the city of Eagle, Idaho this day of February, 2011. APPROVED by the Mayor of the City of Eagle, Idaho this 82akday of February, 2011. es D. Reynolds, ayor ATTEST: 4 1_ �ii•� - .* Sharon K. Bergmann City Clerk/Treasurer (SEAL) �o C� • DieORiiT��' tt,• . • • • • L SEA ,�,��'�• ORA��i• •h•••• • REGEIVED ,. FILED CITY OF EAGLE t ¢EP l7 2011 Valley Times Eagle, Idaho 83616 File: _.__�._.__�..._- _,._d. P_©. Box 1790-Hag Route 1o:, LEGAL ADVERTISING PROOF OF PUBLICATION - Account C.i-ii a f 150- Identification: �J i\ �o l�°, GS 3 Address: G G O • Ct'v∎L La n-t Run Dates: a -t Lk aU I I r -- n�,I ii j /y� .:1 tiD 3*L b,•4, IIeo:uol}tg Amount February 14,2011 - Legal Notices. 1 for ii_m_ribeing duty sworn, deposes ORDINANCE NO.653 votes 2nhe is the Piincipal Clerk of results 0 AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, AMENDING TITLE 1, as final.t��r published at CHAPTER 9,EAGLE CITY CODE,BY REPEALING AND REPLACING CHAPTER to be&lttxtte of Idaho, Mat the said 9"MUNICIPAL ELECTIONS"IN ITS ENTIRETY;PROVIDING A CODIFICATION ° ral circulation in the said CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN v EFFECTIVE DATE. ' le tn the vicinity of Meridian, in d has been uninterruptedly WHEREAS,the City of Eagle is a municipal corporation operating tinder the laws oldie ii County during a period of State of Idaho;and tive weeks prior to the first WHEREAS,the Idaho'Legislature amended the laws governing municipal elections in a toss of SPY of is attached 2009,which amendments became effective January 1,2011;and ~the notice was published in WHEREAS,the Mayor and City Council of the City of Eagle have determined that ' ' .- ty with 6ime(s amending the City's muni election laws to' :, = I. • for time(s) n6 ty cipsl incorporate the amendments to state law �_ w 'ire issue of said paper, and made by the Legiaiahue in 2009 is in the public interest; NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF a Ispaper otoeer, and not in a THE CITY OF EAGLE,IDAHO,as follows: said notice was ng dates:e on the following Section 1: That Title 1.Chapter 9,Eagle City Code,is hereby repealed in its entirety and h "`� t t -2,00 replaced as follows: L of sectio 1-9-1 Supervision of Administration of Election Laws by County Clerk. hy m 1-9-2 Registration of Electors, Pi'erebes of r- I 1-9-3 Method of Nomination—Clerk to Furnish Printed Forms, kimid i9.:., b r‘-A-°-'"'t ,y �1 1-9-4 Time and_Manner of Ftline Declarations. a otne I 1-9-5 Notice of Candidate Filing Deadline. 1-9-6 Cann sing Votes—Delerminine Results of Election 1""�f •-ti`s 1-9-7 Tie Votes. 1-9-8 Failure to Oualifv Creates Vacancy, STATE OF IDAHO ) 1-9-9 Certificates of Election. 4L i )SS 1-9-10 application of Campaign Reporting Law. refert ndu 1-9-11 Initiative and Referendum. mod,Ord COUNTY OF ADA 1 1-9-12 Runoff Election. , in the year of 20i I 1-9-13 Expenses Associated with Conducting an Election public, personally appeared 1-9-1 SUPERVISION OF ADMINISTRATION OF 1rf,,ECTION LAWS BY ified to me to be the person ADA COUNTY CLERK. The Ada County Clerk is the chief elections officer and shall =mimed to the within instrument, exercise general supervision of the administration of the election laws in the city fpr the limits.may sworn, sworn, declared that the tti*ie of chteyin n n in aninQ a maxim of c rec n m t_lty lc -,1' , , acknowledged to me that efficiency and uniformity.The Ada County Clerk shall meet with and issue instructions Idaho C.F he executed the Same. to election judges end clerks prior to the opening of the polls to ensure uniformity in,the application,operation and interpretation of the election laws during the election. /^�V\ 01 to reP Notary Public for Idaho 1-9-2 REGISTRATION OF ELECTORS. All electors must register before being t t R- ' ID gf the tots ' t �1 abk to vole at any municipal election.The Ada County Clerk shall be the registrar for all i expires: 2 ! city elections and shall conduct voter registration for the city pursuant to the provisions of I� I chapter 4.title 34.Idaho Code.To be eligible to register to vote in city elections,a person shall be at least eighteen(18)Vears of age.a citizen of the United States and a resident of requisite I the city for at least thirty (30)days ie t„gmxdine the election st which he desires to t sixtl vote,or a resident of an area annexed by a city pursuant to the provisions of chapter 2, referendis litle50.Idaho Code.