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HomeMy WebLinkAbout1398 - ADMIN Ordinance - City Council - 1978/01/16i 1 8a ORDINANCE NO. 1398 JPNUARY 16, 1978 AN ORDINANCE RELATING TO ELECTIONS; AMENDING THE ST. LOUIS PARK ORDINANCE CODE, CHAPTER 4, BY ADDING SECTIONS THE CITY COUNCIL OF ST. LOUIS PARK ORDAINS: Section 1. The St. Louis Park Ordinance Code, Chapter 4, is amended by adding Sections 4-305, 4-306, 4-307 and 4-308: 1 Section 4-305. Vacancy in Nomination. (1) Death or disqualification. A vacancy in a nomination exists when, after the primary election, any candidate who was nominated to an office dies or is otherwise disqualified by action beyond the control of the candidate, or when, on the last day of filing or after the closing of filing for an office for which one or two candidates filed, any such candidate dies or becomes dis- qualified. When a vacancy in a nomination occurs as stated above, a nomination to fill the vacancy may be made in the manner provided in subdivisions 2 and 3. (2) Next highest candidate. If a vacancy occurs following a primary election, then the person receiving the next highest number of votes for the office at the primary election shall be the candidate for the office. (3) Nominating petitions. If there is no person who may be nominated under subdivision 2 and a vacancy exists by reason of this fact, the vacancy may be filled by the City Clerk placing upon the ballot the name or names of candidates as are nominated by nominating petition in the manner provided in sections 4-306, 4-307, and 4-308. Section 4-306. Nominating Petitions; Number of Signers. A petition for nomination of a candidate in the case of a vacancy may be signed by electors resident within the district or political division from which the candidate is presented by 2 percent of the total number of persons voting in the city, ward, or other election district at the last preceding city general election, or 50, whichever is the lesser. Section 4-307. Nominating Petition. (1) Form. The nominating petition may consist of one or more writings and shall contain the name of the person nominated, the office for which he is nominated, and his place of residence, with street and number thereof, if any. (2) Signer's address, oath. After the signature of each signer there shall be written his post office address. Following the facts required to be stated in each petition signed by the voter shall be an oath in the following form: "I solemnly swear (or affirm) that I know the contents and purpose of this petition and that I signed the same of my own free will." No signature shall require notarization or certification before any officer, but each signer in so signing shall be guilty of perjury for making a false oath therein. January 17, 1978 60.1 1 Section 4-308. Vacancy in Nomination; Filing Nominating Petitions; Changing Ballots. If the ballots have been printed, the City Clerk shall cause to be printed and distributed to the judges to whom the ballots will be distributed a sufficient number of separate paper ballots on• which shall be printed the title of the office in which the vacancy in a nomination has occurred and the names of all the candidates for that office. The separate paper ballot shall be designated as, "OFFICIAL SPECIAL BALLOT," and otherwise it shall conform to the provisions governing the printing of ballots, so far as practicable. The office and candidates for the office appearing on the previously printed regular ballots shall be blotted out or stricken by the judges, and the separate paper ballot shall be given to each voter at the time he is given the previously printed regular ballot or is admitted to the voting machine. Nominating petitions to fill a vacancy shall be filed with the City Clerk within one week after the day the vacancy in a nomination occurred, except that no nominating petition may be filed during the seven calendar days preceding an election, and the ballots may not be changed as provided in this section during the seven calendar days preceding an election. Absentee ballots that have been mailed prior to the vacancy shall be counted in the same manner as if the vacancy had not occurred, and the separate ballots provided for in this section may not be mailed to absent voters to whom ballots already have been mailed prior to the vacancy. (Chapter 4, Sections 4-305, 4-306, 4-307 & 4-308, added by Ordinance 1398, January 16, 1978) January 17, 1978 60.2 1 Sec. 2. Penalty. Any person who violates this ordinance is guilty of a misdemeanor and may be punished by a fine of not to exceed $300 or by imprisonment for not to exceed 90 days, or both. Sec. 3. Effective Date. This ordinance shall take effect fifteen (15) days after its publication. Adopted by the City Council January 16, 1978. Attest: Vtyellid-k 44.) M Mayo wed or admi strat on: Approved as to form and legality: fr Cit, Manager City Attorney SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUISPARKSUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota 1. County of Hennepin SS. J R RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known at The St Louis Park Sun and has full knowledge of the facts herein stated as follows (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches (2) Said newspaper is a weekly and is distributed at least once each week (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second class matter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park. Golden Valley School District No 275 and Robbinsdale School District No 281 in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed (6) Said newspaper files a copy of each issue immediately with the State Historical Society (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretaiy of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper Ordinance 3198 He further states on oath that the printed hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for 1 successive weeks, Wed. that it was first so published on the 25 day of Jan. 19 78 and was thereafter printed and published on every to and including the day of 19- and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, anti is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice. to -wit abcdefghijklmnopgrstuvwxyz r 7., Subscribed and sworn to before me this 2rj day of --tam.wafuram m�v a,,,v,.wy" ,,;::,-=•�=a-°n Alf >„y PHYLLIS S BARTON c NOTARI PUBLIC - v;INNESCT,1 HENNEPIN COUNTY Pity Commission Expires Aug 18, 1984 dr MMTVVnVVIT LYVVt3i?ii MY/1711W '1%. January 78 • 19_ (Official Publication) ORDINANCE NO 1398 AN ORDINANCE RELATING TO ELECTIONS, AMENDING THE ST LOUIS PARK ORDI- NANCE CODE CHAPTER 4, BY ADDING SECTIONS THE CITY COUNCIL OF ST LOUIS PARK ORDAINS Section 1 The St Louis Park Ordi- nance Code Chapter 4 is amended by adding Sections 4-305 4-306 4-307 and 4-308 Section ' 4.305 Vacancy in Nomination - (1)Death ordisgoalification A ' vacancy) in a nomination exists when after the primary election any, candidate who was ,nomi- 'nated to an office dies or is otherwise disqualified by action beyond the control of the candi- date or when, on the last day of filing or after the closing of filing for an office for which one or two candidates filed, any such candi- date dies or becomes disqual- ified When a vacancy in a nomi- nation occurs as stated above a nomination to fill the vacancy may be made in the manner pro- vided in subdivisions 2 and 3 (2) Next highest candidate If a vacancy occurs following a prim- ary election, then the person re- ceiving the next highest number of votes for the office at the prim- ary election shall be the candi- - date for the office (3) Nominating petitions If there is no person who may be nominated under subdivision 2 , and a vacancy exists by reason of this fact the vacancy may be fil- led by the City Clerk placing upon the ballot the name'or names of candidates as are nominated by nominating petition in the man- , , ner provided in,sections 4-306, . 4-307, and 4-308 - Section 4-306 Nominating Peti- tions, Number of Signer? A petition for nomination of a candidate m the case of a vacancy'miay tie -signed by electors resident within the district or political division from which the, can, dilate is presented by 2 percent 6f lh'e total number of persons v6faig+in the city, ward, or other electiartdisttirf at the last preceding city ganeral, election, or 50, whichever is the less- erSeclion 9-307 Nominafik tjtlan (1) Form. The 'noniiaating deti , _ tion may consist of op`e or -more' wntmgs and'shaleeontam' the name of the person nominated the office for which he is nomi- nated, and his place of residence with street and number thereof if any ,f (2) Signer's address, oath After the signature of each signer there shall be written his post of- fice address Following the facts required to be stated in each peti- tion signed by the voter shall be an oath in the following form I solemnly swear (or affirm) that 1 know the contents and purpose of this petition and'that I signed the same of my own free will' No signature shall require notariza- tion or certification before any of- ficer but each signer in so sign- ing shall be guilty of perjury for making a false oath therein Section 4-308 Vacancy in Nomina- hon, Filing Nominating Petitions, Changing Ballots If the ballots have been 'printed the City Clerk shall cause to be printed and distributed to the judges to whom the ballots will be distributed a sufficient number of separate paper ballots on which shall be printed the title of the office in which the vacancy in a nomination has occurred and the names of all the candidates for that office The sepa- rate paper ballot shall be designated as, OFFICIAL SPECIAL BAL-, LOT ' and otherwise it shall conform to the provisions governing the print- ing of ballots so far as practicable The office and candidates for the of- fice appearing on the previously printed regular ballots shall be blot- ted out or stricken by the judges and the separate paper ballot shall be given to each voter at the time he is given the previously printed regular ballot or is admitted to the voting machine Nominating petitions to fill a vacancy shall be filed with the City Clerk within one week -after the day the vacancy in a nomination occur- red except that no nominating peti- tion may be filed during the seven calendar days preceding an election and the ballots may not be changed as provided in this section during the seven calendar days preceding an election Absentee ballots, that have been mailed prior to the vacancy shall be counted in the same manner as if the vacancy had not occurred and the separate ballots provided for in this section may 'not be mailed to absent voters to whom ballots al- ready have been mailed prior to the vacancy (Chapter 4, Sections 4-305, 4-306 4-307 & 4-308 added by Ordinance 1398 January 16 1978) Sec 2 Penalty Any person who violates this ordinance is guilty of a misdemeanor and may be punished by a fine of not to exceed 8300 or by imprisonment for not to exceed 90 days, or both Sec 3. Effective Date This ordi- nance shall take effect fifteen (15) days after its publication Adopted by the City Council January 16 1978 (s) IRVING M STERN s 0 • File No Affidavit of Publication ST. LOUISPARK SUN St. Louis Park, Minnesota In The Matter Of