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HomeMy WebLinkAboutOrdinance - 852-1948 - Prescribing The Procedure For Candidates To File For Offices - 02/16/1948.. ~. 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 /~ - Mayor