Article VII – NOMINATIONS AND ELECTIONS
Section - 7.01 City Elections.
(a) Regular Elections. The regular City elections shall be held on the second Monday of December in each year. (Revised 12-12-88) The regular City election shall be held on the first Tuesday following the first Monday of November.
(b) Qualified Voters. All citizens qualified by the constitution and laws of the state of Maine to vote in the City and who satisfy the requirements for registration prescribed by law shall be qualified voters to the City within the meaning of this charter.
(c) Conduct of Elections. Except as otherwise provided by this charter, the provision of the general election laws of the state of Maine shall apply to elections held under this charter. All elections provided for by the charter shall be conducted by the election authorities established by law. For the conduct of City elections, for the prevention of fraud in such elections and for the recount of ballots in cases of doubt or fraud, the council shall adopt by ordinance all regulations which it considers desirable, consistent with law and this charter, and the election authorities may adopt, and if they adopt shall publicize, further regulations consistent with law and this charter and the regulations of the council.
Section - 7.02 Nominations.
(a) Petitions. Candidates for election to all City offices shall be nominated by petition. Any
qualified voter of the City may be nominated for election by a petition signed by qualified
voters of the City not less in number than three per cent of the number of persons who
voted in the City for the office of governor at the last gubernatorial election. The signatures
to a nominating petition need not all be affirmed to one paper, but to each separated paper
of a petition there shall be attached an affidavit executed by its circulator stating the number
of signers of the paper, that each signature on it was affixed in his presence and that he
he/she believes each signature to be the genuine signature of the person whose name it
purports to be. The signatures shall be executed in ink or indelible pencil. Each signer shall
indicate next to his signature the date of his signing and the place of his residence. Within
five days after the filing of a nominating petition, the election authorities shall notify the
candidate and the person who filed the petition whether or not it satisfies the requirements
prescribed by this charter. If a petition is found insufficient, the election authorities shall
return it immediately to the person who filed it with a statement certifying wherein it is
found insufficient. Within the regular time for filing petitions such a petition may be
amended and filed again as a new petition or a different petition may be filed for the same
candidate. The election authorities shall keep on file all petitions found sufficient at least
until the expiration date of the term for which the candidates are nominated in those
petitions.
________________________________________________________________________
TO THE CITY CLERK OF THE CITY OF EASTPORT
We, the undersigned voters of the City of Eastport, hereby nominate
____________________ whose residence is _______________________ for the office of ________________________to be voted for at the election to be held in the City of Eastport on the
______ day ______________ of 19_____ ; and we individually certify that we are qualified to vote for a candidate for the above and that we have not signed more nomination petitions of candidates for this office than there are persons to be elected thereto.
Name__________________Street and Number______________________
being duly sworn, deposes and says that he is the circulator of the foregoing nomination petition containing signatures, and that the signatures appended thereto were made in his presence and are the signatures of the persons whose names they purport to be.
(Signed)________________________
Subscribed and sworn to before me this day of 19 Justice of the Peace (or Notary Public) If this petition is deemed sufficient by the city clerk he shall be forthwith notified by mail_____________________ at number_____ Street__________________.
ACCEPTANCE OF NOMINATION
I hereby accept the nomination for_______________________ and agree to serve if elected.
Signature____________________________Date_______________
Filing and Acceptance. All separate papers comprising a nomination petition shall be assembled and filed with the election authorities as one instrument not earlier than forty-five days, not later than thirty days before the election. The election authorities shall make a record of the exact time when each petition is filed. No nominating petition shall be accepted unless accompanied by a signed acceptance of the nomination. (Revised 12-12-88) Nomination papers shall be made available by the municipal clerk to prospective candidates during the 40 days prior to the final date of filing. They shall be filed with the clerk during business hours on or before the 35th day next prior to the
day of election. Revised - - ) Nomination papers shall be made available by the municipal clerk to prospective candidates during the 60 days prior to the final date of election. They shall be filed with the clerk during business hours on or before the 45th day prior to the day of election.
Section - 7.03 Ballots.
Names on Ballots. The full names of all candidates nominated for membership for any City office, except those who have withdrawn, died or become ineligible, shall be printed alphabetically by surname on the official ballots without party designation or symbol. If two or more candidates have the same surname or surnames so similar as to cause confusion, their residence addresses shall be printed with their names on the ballot.
Specimen Ballots. The city clerk shall cause specimen ballots to be posted in public places and advertised in a newspaper with local circulation not later than ten days prior to the election. Such specimen ballots shall be printed on colored paper and marked "specimen ballots" and shall contain the names of the certified candidates, with the residence of each, instructions to voters, and such measures as may be submitted to voters by the legislature or by the city council. Such ballots shall be without party mark or designation.
Section - 7.04 Determination of Election Results.
Number of Votes. Every Voter shall be entitled to vote for as many candidates as there are vacancies to be filled.
The person receiving a plurality of the votes cast at an election for any office, shall be elected to that office. The word "plurality" as used in this section shall mean the largest number of valid ballots cast for any candidate those election is canvassed.
Canvass of Returns. Upon receipt of the returns from the elections under this charter, the City Council hall determine the successful candidates as provided in this charter (City elections only)
Section - 7.05 Ballots for Ordinances and Charter Amendments.
An ordinance or charter amendment to be voted on by the City shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear and concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: "Shall the above described (ordinance) (amendment) be adopted?" Immediately below such question shall appear, in the following order, the words "yes" and "no" and to the left of each a square in which by making a cross (X) the voter may cast his vote.
Section - 7.06 Voting Machines.
The council may provide for the use of mechanical or other devises for voting or counting the votes not inconsistent with law.
Section - 7.07 Availability of List of Qualified Voters.
If for any purpose relating to a general or City election or to candidates or issues involved in such an election, any organization, group or person requests a list of qualified voters of the City, the department, office or agency which has custody of that list shall either permit the organization, group or person to copy the voters' names and addresses from the list, or furnish a copy of the list for a nominal fee, which shall be set by the City Council
Section - 7.08. Warden, Ward Clerk and Constable.
(a) The warden, ward clerk and constable shall be nominated and elected as provided in this charter, shall be residents of the City of Eastport, and shall hold office for one year (Revised - - ) shall hold office for three years from the first Monday following their election and until others have been chosen and qualified in their stead. They shall be sworn to the faithful performance of their duties by a person qualified under state statute
to administer oaths, and a certificate of said oath be entered upon the record of the City.
(b) Duties. As soon as the polls are closed the warden shall immediately open the ballot boxes, take therefrom the ballots and sort, count and declare then in open meeting in the presence of the ward clerk; and the ward clerk shall, from the list of persons voted for with the number of votes for each person against his name, make a fair record thereof in the presence of the warden and in open meeting enter the total number thereof on a tally sheet, provided by the city clerk. The warden shall enter the number of votes opposite the name of each candidate on said tally sheet, and make return thereof to the city clerk on a blank provided by said city clerk.
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