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61-01 O - Election Procedures 1T.ECTION ORDINANCE • AN ORDINANCE PRESCRIBING THE PROCEDURE FOR CANDIDATES TO FILE FOR THE OFFICES OF MAYOR, Cf tgI37I0 ER, AND OTHER OFFICES FOR TIC CITY OF PROSPER, TEAS, PROVIDING FOR ELECTION OF OFFICERS, PLACE AND MANNER OF HOLDING CITY ELECTIONS A?1D PROVIDING FOR NOTICE. BE IT ORDAINED BY THE COMMISSION OF TEE CITY OF PROSPER, MICAS: SECTION 1. All elections pertaining to municipal affairs shall be governed by the election laws of the State of Texas. In all city elections, the Mayor, City Secretary (or City Clerk), or the governing body shell do and perform each act in other elections required to be done and performed respedtively 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 elections for officers the notice or proclamation shall be issued and posted at the polling places not later than thirty 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 Alderman (or Commissioner) or other city office by filing his sworn application with the Mayor 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 candidate for and hold the office being nought, if elected. SECTION 3. (a) The form of the sworn application shall be substantially as follows: "To the Mayor of the City of Prosper, 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 ap- plication and that I am legally qualified to hold such office, if elected. "State of Texas County of Collin 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 Collin County, Texas" (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 State Statutes, in substantially the following form: "Loyalty Affidavit" "I, , of the City of Prosper, County of Collin. State of Texas, being a candidate for the office of . d1S' 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 defend the Constitu- tion and Laws of the United States and of the State of Texas. (Candidate's Signature) "Sworn to and subscribed before me at Prosper, Texas, this the day of A. D., 19 . Notary Public (SEAL) "In and for Collin 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 Secretary (or. City Clerk) 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 ob— jections to the regularity or validity of the application of any person shall he made within five days after such posting, by written notice filed with the City Secretary, 'err (or. City Clerk) 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 eo posted, shall be thereafter contested. The City Sec— retary (or City Clerk) shall preserve in his office for a period of two years all applications, notice of objections and other. related papers. SECTION 5. Any person eligible to the office of Mayor, Commissioner, or other office who has filed his sworn application in accordance with the provisions of this ordinance shall have his name printed on the official ballots. Any such person may cause his name to be withdrawn at any time before the official ballots are actually printed, by filing in writing with the City Secretary (or City Clark) 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 (or City Clerk) shall have the 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 and the right to cast such ballot in accordance with the provisions of the State Statutes. Application for the absentee ballot shall be made to the City Secretary (or City Clerk) and the voted ballot returned to him. 40118, SECTION 7. That hereafter all municipal elections shall be conducted by one presid— ing officer or judge and two assistant judges for each of the voting places, to be appointed by the Mayor of the City of Prosper, Texas; that the presiding officer shall be compensated for his services at the rate of six dollars (.$6.00) per day and __ said assistant judges shall be compensated at the rate of five dollars ($5.00) per day, which services shall be paid from the general fund of the city. SECTION 8. That hereafter all elections for the selection of officials shall be held at the City Office or City Hall in the City of Prosper, Collin County, Texas, between the hours of 8:00 A.M. and. 7:00 P.M. SECTION 9. The City Marshall (or Tax Assessor—Collector) shall post a properly executed copy of the election proclamation and notice at the place (places) where the election is to be held. Said notice shall be posted at least thirty days before the date of said election. SECTION 10. It shall be the duty of the City Secretary (or City Clerk) to notify all persons elected, and all newly elected officers may enter upon their duties on the fifth day thereafter, Sundays excepted. If any such officer fails to quality k within thirty days after his election, his office shall be deemed vacant, and a new election held to fill the same. PASSED AND APPROVED this the day of , A. D., 19 . APPROVED: , )(../(7(eld--117 • , Mayor ATTEST: City Seary ( r City Clerk)