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HomeMy WebLinkAboutOrdinance - 1189-1952 - Amending Election Ordinance 852. - 02/15/1952... -- e ::2 -l s-\ S>s.::;t. ORDINANCE NO. 11B9 ----- AN ORDINANCE AMENDING ELECTION ORDINANCE NO. 852 PRES- CRIBING THE PROCEDURE FOR CANDIDATES TO FILE FOR THE OFFIC~ OF MAYOR AND CITY COMMISSIONER FOR THE CITY OF LUBBOCK, TEXAS; ESTABLISHING VOTING PRECINCTS; PROVIDING FOR ELECTION OFFICERS. PLACEt TIME AND MANNER OF HOLDING CITY ELECTIONS,. COMPENSA- TION OF JUDGES, ETC., AND PROVIDING FOR NOTICE SO AS TO COMPLY WITH THE NEW ELECTION CODE EFFECTIVE JANUARY 1, 1952, AS ADOPTED BY THE LEGISLATURE IN 1951; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBO_G'K: SECTION 1. All elections pertaining to municipal affairs sha'l be gov• erned by the election laws of the State of Texas. In all city 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 County Judge, the County Clerk, or the Commissioners' Court. In all city elections the Mayor, or if he fails to do so, the governing body, shall order the election, give notice and appoint election officers to hold the election. In general elec- tions for officers the notice or proclamation shall be issued and posted at the polling places not later than thirty {30) days before the first Tuesday in April of the year in which the election 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 State of Texas to become a candi- date for and hold the office being sought, if elected. SECTION 3. (a) The form of the sworn application shall be substantially as follows: "To the Mayor of the City of Lubbock, Texas, Greetings: "I, , hereby make application to have my name printed on the official ballot as an independent candidate for the office 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 applicaiiOOand that I am legally qualified to hold such office, if elected. "State of Texas I County of f ......,--r;-.-:-;~--:-"""':"'---:---~:""""':'-~, being duly sworn, deposes and says that the statements contained in the foregoing application are true. {Signed) nsubscribed and sworn to before me this the day of • 19 • (SEAL) ------ Notary Public, County, Texas. 1 0 (b) Such sworn application may be accompanied with..a petition signed by qualified electors, although such petition is not required. . (c) Such sworn application shall be accompanied with an executed copy of the "Loyalty Affidavit" as required by Article 58, Vernon's Texas Statutes, in subst~tia·Hy the following form: "I, • of the City of -~.,.._---~~ County of , State of Texas, being a candidate for th~ office of , do solemnly swear that I believe in and approve of our present representative form of government, and if elected. I will support and defend our present representative form of government and will resist any effort or movement from any source which seeks to subvert or destroy the same or any part thereof, and I will support and defenc;l the Con- stitution and Laws of ~he United States and of the State of Texas. " (Candidate's signature} ·"Sworn to and subscribed before me at , Texas, -~-!!!!'--_..-this the day of , A. D., 19 • (Seal) {Notary Public) 11In and for County, Texas. 11 -~-;......-- SECTION 4. The names of all those who have filed their sworn applica- tions to have their names printed on the official ballot as candidates shall be posted by the City, Secretary in a conspicuous place at his office for the inspec- tion of the public~ .. at least ten (10} days before he orders the ballots to be printed. All objections to the regularity or validity of the application of any person shall be made within five (5) days after such posting, by written notice filed with the City Secretary, 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 (2) years all applications, notice of objections and other related papers. SECTION 5. Any person eligible to the office of Mayor, or Commissic or other offi<:e who has filed his sworn application in accordance with the pr sions of this ordinance shall have his name printed on the official ballots. } such person may cause his name to be withdrawn at any time before the offi ballots are actually printed, by filing in writing with the City Secretary a request to that effect over his own signature, duly attested to by a Notary · No name so withdrawn shall be printed on the ballots. Not later than twer (40) days before the city general election the City Secretary shall have th• official ballots printed. SECTION 6. Each qualified 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 an,d the right to cast such ballot in accordance with the provisions of Article 37, Vernon's Texas Statutes, upon application to the City Secretary. SECTION 7. That hereafter all municipal elections shall be conducted by election judges and assistant judges to be appointed by the Mayor or City Com- mission of the City of Lubbock, Texas; and that the presiding officers designated as judges shall be compensated for services at the rate of $10.00 (ten dollars) per day, and said assistant judges shall be compensated at the rate of $10.00 (ten dolla.rs) per day, which services shall be paid from the general fund af 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. T.,en (10) working hours shall be considered a day within the meaning of this ordinan:e The judge who delivers the returns of election immediately after the votes have been counted shall be paid $2.00 (two dollars) for that service, All such judges and clerks shall receive $1.00 (one dollar) per hour for each hour of overtime. SECTION 8, That hereafter all elections for the selection of officials shall be held at the following voting places, which shall be the voting place for the voting precincts herein established as follows: Voting Precinct No. 1: All that part of the City of Lubbock lying North of 19th Street and east of Avenue Q, and the voting place is the Central Fire Station. Voting Precinct No. 2: All that part of the City of Lubbock lying south of 19th Street anq east of Avenue Q, and the voting place is the Texas Avenue Fire Station. I Voting Precinct No. 3: All that part of the City of Lubbock lying south of Fourth Street and between College Avenue and Avenue Q, and the voting place is Lubbock Senior High School. Voting Precinct No. 4: All that part of the City of Lubbock lying north of Fourth Street and west of Avenue Q, and the voting place is College Avenue Fire Station. Voting Precinct No. 5: All that part of the City of Lubbock lying south of 19th Street and west of College Avenue, and the voting place is the J. T. Hutchinson School. Said election shall be held and the polls shall be open from 7:00A.M .. to 7:00 P.M., and all electors shall vote in the voting precinct of 1beir residence. I SECTION 9.. The Chief of !lolice shall post a properly executed copy of the election proclamation and notice at the place or places where the election is to be held. Said notice shall be posted thirty (30} days before the date of said election. II .... SECTION 10. It shall be the duty of the Cit.~-· Secretary to notify all persons elected 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 pro- vided by the Charter of the City of Lubbock. If any ~uch officer fails to qualify within thirty (30) days after his election, his office shall be deemed vacant and a new election held to fill the same. The fact that recent legislation makes additional requirements of candi- dates for city offices with reference to the time and manner of filing applica- tions to have candidates' names placed on ballots creates an emergency requiring the suspension of all rules requiring the reading of ordinances on several days, and the same are hereby suspended, and in the public interest this ordinance shall be effective upon its passage and approval. AND IT lS SO ORDERED. On motion of Gwnmissioner Morris , seconded by Com-----~~----------- missioner Hufstedler , the foregoing Ordinance was approved and ---------------------- passed by the City Commission on this 15th day of February , 1952, by the following vote: Commissioners voting nYEA11 : Commissioners voting 11NAY": ATTEST: ----~~ ~-----City Se~-f'tary. ---------------- Marris;_ Hufstedler, Davis, Thomas and Mayor wniteside None - No Text