HomeMy WebLinkAboutOrdinance - 852-1948 - Prescribing The Procedure For Candidates To File For Offices - 02/16/1948..
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02-II.D-(OLtS
ORDINANCE NO. 85 2 -----
AN ORDINANCE PRESCRIBING THE PROCEDURE FOR CANDIDATES TO FILE FOR THE OFFICES
OF MAYOR AND COI'&fiSSIONER FOR THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR ELECTION
~ OFFICERS, PLACE AND MANNER OF HOLDII«Z CITY ELECTIONS AND PROVIDilri FOR BOTICE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK, TEXASI
SECTION 1. All elections pertaining to municipal aff~s shall be governed bT
the election laws of the State of Texas. In all cit.Y elections, the Mayor, City
Secretary, or the governing body shall do and perform each act in other elections
required to be done and performed respectively by the Count7-_Judge, the County Cler
or the Commissioners' Court. In all city elections the Mayo«) or if he fails to do
so, the governing body, shall order the election, give notice ~ appoint el .. ctioa,
officers to hold the election. In general elections for officers the no~1~~Qr I
proclamation shall be issued and posted at the polling plaoee not later~ thirty
days before the first Tuesday in April of the year in which the erection is to be
held.
SECTION 2. Any eligible and qualified person may have his name printed upon the
official ballot as an independent candidate for the office of Mayor or Commissioner
by filing his sworn application with the Mayor and City Secretary at least thirty
(30) days prior to the election day. The application shall state the specific
office or place being sought by the applicant and that the applicant is eligible
and qualified under the laws of the st.ate of Texas to become a candidate for and
hold the office being sought, if elected.
SECTION 3. (a) The fora of the sworn application shall be substantially as
follows& "To the M~or of the City of Lubbock, Texas, Greetingal
•I, , hereby make application to have my name printw
ed on the official ballot as an independent candidate for the o.ffice of -....... ---'~
to be voted upon at the city election to be held on the day of April,
19 __ ; and I hereby certify that I am qualified to make this application and that I
am legally qualified to hold such office, if elected.
"State of Texas I
County ot I
-------------------' being duly sworn, deposes and says that the statements contained in the foregoing application are true.
(Signed)
"Subscribed and sworn to before me this the_ day of , 19_.
(SEAL}
Notary Public in and for County, Texas."
(b) Such sworn application ruay be accompa.nied with a petition signed by quali ..
fied electors, although such petition is not required.
(c) Such sworn application shall be accompanied with an executed copy of the
"Loyalty Affidavit" as required b.y Article.2978a, Vernon's Texas Statutes, in sub•
stantially the following form:
"!'-~------------~' of the City of ~~~-=--~-~~~--=-' County of , State of Texas, being a candidate for the office of
-------------' do solemnly swear that I believe in and approve of o
present representative form of government, and if elected, I will support and defe
our present representat.ive fol'lll of government and will resist aey effort or movemen
from~ source which seeks to subvert or destroy the same or a~ part thereof, and
I will support and defend the Constitution and Laws of the United States and of the
State of Texas.
(Candidate's signature}
11 Sworn to and subscribed before me at--~~'-----' Texas, this the
___ day of , A.D., 19_.
{Seal) (Notary Public)
"In and for---------County, Texas."
SECTION 4• The names of all those who have filed their sworn applications to
have their names printed on the official ballot as candidates shall be posted by
the City Seoretar.y in a conspicuous place at his office for the inspection of the
public for at least ten days before he orders the ballots to be printed. All objec
tions to the regularity or validity of the application of any person shall be made
within five d~s after such pasting, b.y written notice filed with the City Secreta
setting forth the grounds of obJections. In case no such objection is filed within
the time prescribed, the regularity or validity of the application of no person
whose name is so posted, shall be thereafter contested. The City Secretary shall
preserve in his office for a period of two years all applications, notice of objec-
tions and other related papers.
SECTION 5. Aqy person eligible to the office of Mayor, or Commissioner or other
office who has filed his sworn application in accordance with the provisions of thi
ordinance shall have his name printed on the official ballots. Aqy such person may
cause his name to be withdrawn at any time before the official ballots are actual~
printed, by filing in writing with the City Secretar.y a request to that effect over
his own signature, duly attested to by a Notary Public. No name so withdrawn shall
be printed on the ballots. Not later than twenty (20) days before the city general
election the City Secretary shall have the official ballots printed.
SECTION 6. Each quali£ied voter who desires to cast an absentee vote and who
expects to be absent on the day of the city general election shall be entitled to
an official ballot and the right to cast such ballot in accordance with the praviw
sions of Article 2956 1 Vernon's Texas Statutes.
SECTION 7. That hereafter all municipal elections shall be conducted by elec-
tion judges and assistant judges to be appointed by the Mayor and City Commission
of the City of Lubbock, Texas; and that the presiding officers designated as judges
shall be compensated for services at the rate of $6.00 (six dollars) per day and
said assistant judges shall be compensated at the rate of &5.00 (five dollars) per
day, which services shall be paid from the general fund of the City, together with
such additional compensation as may be required as provided by the general election
laws for clerks necessary in holding said election. Ten working hours shall be con
sidered a day within the meaning of this ordinance. The judge ·who delivers the rew
turns of election immediately after the votes have been counted shall be paid two
$2.00) dollars for that service. All such judges and clerks shall receive fifty
..
SECTION 8. That hereatter.all elections for the selection of officials shall be
held at the Central Fire Stationf at the corner of lOth Street and Avenue "J", in
the City of Lubbock, and at such other places in the City as may be designated by
the governing body in the election order, and said election shall be held between
the hours of eight (ScOO) o'clock A.M., and seven (7rOO) o'clock P.M ••
• SECTION 9. The Chief of Police shall post a proper~ executed copy of the election
proclamation and notice at the place or places where theaection is to be held.
Said notice shall be posted thirty days before the date of said election.
SECTI ON 10. It shall be the duty of the City Se cretar,y to notify all persons elect·
ed and all newly elected officers may enter upon their duties immediately after the
City Commission has canvassed the returns and declared the result of the election
and shall qualify for such office within the time provided ~ the Charter of the
City of Lubbock.· If any such officer fails to qualify within thirty (JO) days afte1
his election his office shall be deemed vacant and a new election held to fill the
s ame.
The fact that recent legislation makes additional requirements of candidates for
city offices with reference to the time and manner of filing applications to have
candidates names placed on ballots creates an emergency requiring the suspension at
all rules requiring the reading of ordinances on several d~s, and the same are
hereby suspended, and in the public interest thi s ordinance shall be effective upon
its passage and apProval.
AND IT IS SO ORDERED.
Passed and approved by UDanimoua vote
February, 1948.
at the City C00111isston this !l..~th day of
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Mayor