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TOWN OF COCHITI LAKE
ORDINANCE 2006-4
An Ordinance Relating to Elections
This is an Ordinance Replacing Ordinance 1999-4 Relating to Elections.
BE IT ORDAINED by the Assembly of the Town of Cochiti Lake:
ARTICLE 1. DEFINITIONS
Section 1.01 Definitions of Terms in this Ordinance:
( a ) "Assembly" means the governing body of the Town of Cochiti Lake;
( b ) "Charter" means the Charter of the Town of Cochiti Lake adopted August 18, 1970, by Pueblo de Cochiti Council;
( c ) "Election Board" or "Board" means the Town of Cochiti Lake Election Board;
( d ) "General town election" means any regular election involving
town offices and issues that is open to voting by all registered voters in the Town;
( e ) "Initiative" means a procedure by which voters may make or enact an ordinance or law;
( f ) "Malfeasance" means misconduct or wrongdoing, especially misconduct that is illegal or contrary to official obligations;
( g ) "Misfeasance" means the improper and unlawful execution of some act that in itself is lawful and proper;
( h ) "Recall" means a procedure by which voters may remove a person from elective office;
( i ) "Referendum" means a procedure by which voters may rescind an ordinance of the Assembly;
( j ) "Registered voter" or "voter" means a resident who is registered to
vote in town elections;
( k ) "Regular election" means a general town election held the second Tuesday in April of every odd-numbered year;
( 1 ) "Resident" means a person who has established his/her legal residence in the Town sufficient to be qualified
to register to vote for members of congress in the 3rd United States Congressional District of New Mexico;
( m ) "Special election" means all other elections of the Town that may
be held by authority of the Charter;
( n ) "Town" means the Town of Cochiti Lake.
ARTICLE II. ELECTION BOARD
Section 2.01 Membership
( a ) The Election Board shall consist of eight (8) members, appointed by the Assembly.
( b ) Members shall serve at the pleasure of the Assembly or until resignation.
The Assembly may remove any member from the Board for just cause.
( c ) The Board may recommend to the Assembly removal of a Board member.
( d) Members shall be registered voters of the Town, not in default (failed to meet
financial obligations) to the Town, and in compliance with all Town laws.
( e ) No member of the Election Board shall serve on the Board for a given election when that
member is a candidate in said election.
( f ) Members of the Election Board shall elect a Presiding Judge and a Vice Presiding Judge.
( g ) The Presiding Judge may appoint temporary poll workers, with majority approval of the Board, as needed for the election process, including poll tending and ballot tallying at a particular election. After the election process, temporary poll workers shall be dismissed.
Section 2.02 Duties and Responsibilities of the Election Board
It is the duty and responsibility of the Election Board to:
( a ) set dates for elections and filing deadlines according to this ordinance;
( b ) receive a list of candidates for any election
from the Town Clerk, verify certification of candidates and assure notification to the community of all candidates;
( c ) rule on the validity of petitions for recall, referendum, and initiative elections and complaints filed in election contests;
( d ) assure necessary preparations for conducting fair and impartial elections;
( e ) secure the secrecy of the ballot and the purity and integrity of elections;
( f ) preside over the lawful conduct of fair and impartial elections and tallying of ballots;
( g ) diligently endeavor to prevent fraud, deceit and abuse in conducting elections;
( h ) notify the Assembly and the community of the election results;
( i ) review the Election Ordinance and recommend amendments to the Assembly;
( j ) establish and follow bylaws governing the actions of the Election Board;
(k) ensure that every person qualified to vote is permitted to vote and that every person permitted to vote is qualified to vote; and
( 1 ) rule on any election issue not covered by the Election Ordinance.
ARTICLE III. ELECTI0N RULES
Section 3.01 Election Dates.
(a) The date for general town elections is established by the Charter and by this Ordinance as the second Tuesday in April of odd-numbered years.
(b) Special Elections.
(1) The Election Board shall determine the date of a special election in accordance with this ordinance.
(2) The Election Board shall be notified by the Assembly at least four weeks in advance of a desired
special election date.
Section 3.02 Posting of Notices.
(a) The Town Clerk shall be responsible for posting the notice of a pending election. The notice shall include:
(1) time, date and location of the election; and
(2) a list of candidates and of write-in candidates, the positions being sought and/or the issues to be voted upon.
(b) Notices shall be posted on the Town Hall bulletin board in the
mailroom and if decided by the Election Board, individual notices will be sent to Town post box holders.
Section 3.03 Election Procedures.
(a) Polls shall be open from 7:00 a.m. to 7:00 p.m.
(b) At least one member of the Election Board and one other member or temporary poll worker shall be present at all times while the polls are open.
(c) A roster of registered voters shall be provided by the Town Clerk,
with space for the voter's signature opposite the listed name.
(d) The official ballots shall be consecutively numbered and the number of the ballot entered opposite the voter's name on the list of registered voters, said number then to be separated from the ballot before the voter takes possession of the ballot. The separated portion of the ballot on which the number appears shall be retained by the Election Board.
(e) There shall be no campaigning within 100 feet of the polls or on Town Hall property.
(f) Counting ballots.
(1) At the closing of the polls, the ballot box shall be emptied and the ballot total checked against the signature roster and the absentee roster for total ballot count.
(2) The Board shall determine a method to ensure that ballots are counted correctly.
(g) Immediately after the ballots are counted, results of the election shall be:
(1) posted at the polling place and on the Town Hall bulletin board at the mailboxes; and
(2) telephoned to at least one member of the Assembly.
(h) Any ties in voting shall be settled by the candidates drawing lots, such drawing to be supervised by at least two of the following: Election Board Presiding Judge (or his/her designee), and the Town Clerk or Town Treasurer.
Section 3.04 Following the Election
(a) unused ballots shall be voided;
(b) the election results and signature roster shall be maintained by the Town Clerk for at least four (4) years after the date of the election; and
(c) executed ballots shall be retained by the Town Clerk, who may destroy the ballots thirty (30) days following the election, unless a notice contesting the election is filed with the Town Clerk within five (5) business days after the election. In the event of a contest, the Town Clerk may destroy the ballots thirty (30) days after the election is decided.
Section 3.05 Candidates.
(a) To be eligible to hold elective office, a candidate shall be, on the date he/she takes office:
(1) a resident for at least ninety days immediately prior to the date of his /her election;
(2) at least twenty-one (21) years of age; and
(3) in compliance with all Town laws.
(b) Filing.
(1) The Election Board shall set the deadline for filing applications to be no later than the close of the business day for the Town Office for a general town election, on the day four (4) weeks prior to the actual election date.
(2) All Assembly candidates shall file an application with the Town Clerk no later than the deadline set by the Board.
(3) No person shall be eligible for any elective Town office who is in default (failed to meet
financial obligations) to the Town at the time
of filing.
(4) The Town Clerk shall prepare within twenty-four (24) hours of the filing deadline a list of all candidates for verification by the Election Board.
(5) The Board shall verify the list of candidates within seventy-two (72) hours of the filing deadline.
(6) The Town Clerk shall post a list of verified candidates (and non-verified candidates) on the Town Hall bulletin board in the mailroom within ninety-six (96) hours of the filing deadline.
Section 3.06 Write-In Candidates.
(a) Any person desiring to seek election as a write-in candidate must file with the
Town Clerk as a write-in candidate two weeks prior to the actual election date set by the Election Board and be certified as eligible to run for the office in question by the Town Clerk and the Election Board.
(b) The Election Board shall set the deadline for filing applications as a write-in candidate to be no later than the close of the business day for the Town Office on the day two weeks prior to the actual election date.
(c) The Town Clerk shall post the names of any certified write-in candidates on the Town Hall bulletin board at the mailboxes within 24 hours after the filing deadline.
(d) The Town Clerk shall post the names of any individuals who have sought to be certified as write-in candidates but who are not eligible to be write-in candidates, along with the reasons for ineligibility as
determined by the Town Clerk and the Election Board.
(e) Write-in votes will only be counted if the name written in is that of a properly certified and declared \\1fite-in candidate.
(f) Form for Filing:
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_____________________________
(Date)
TOWN OF COCHITI LAKE
DECLARATION OF INTENT TO BE A CANDIDATE
OR WRITE-IN CANDIDATE
I, __________________________, state than I am a Registered Voter of the Town of Cochiti Lake; I desire to become a Candidate (or Write-In Candidate) for the Office of
___________________________ at the Election to be held on the date of_______________________
I am a resident of the Town, meaning that I am qualified to vote in the 3rd Congressional District of New Mexico.
I am 21 years of age or older. I have resided in the Town of Cochiti Lake since
__________________________
____________________________________
SIGNATURE OF DECLARANT
____________________________________
STREET ADDRESS
Attest:
______________________________________
Town Clerk |
Section 3.07 Voter Eligibility and Registration.
(a) In order to vote in Town Elections, a person shall:
(1) be qualified to register to vote in the 3rd Congressional District of New Mexico, and
(2) have been a resident in the Town of Cochiti Lake for at least 28 days immediately prior to the election in which he/she wishes to vote, and
(3) have registered with the Town Clerk, certifying that he/she meets these qualifications and that the Town of Cochiti Lake is his/her legal residence
(b) Voter Registration.
(1) The Town Clerk shall make voter registration cards available and offer all new residents a copy of the Election Ordinance.
(2) The last day for registration to vote in a particular election shall be at the close of the business day of the Town Office one (1) week prior to the Election Day (for example, if the Election is on Tuesday, the last day to register would be by the closing time the previous Tuesday).
Section 3.08 Absentee Voting.
(a) Absentee ballots may be obtained from the Town Clerk twenty-four (24) hours after the filing deadline for candidates, at which time the slate of candidates shall be posted on the Town Hall bulletin board in the mailroom.
(b) The Absentee Ballots shall be mailed to absentee voters providing the absentee voter requests one and provides the Town Clerk with a self-addressed, stamped envelope.
( c) All absentee voting must be on an official ballot and must be in the possession of the Election Board prior to the closing of the polls.
(d) Absentee ballots returned to the Town Clerk shall be delivered to the Election Board on Election Day and meet the following criteria:
(1) each absentee ballot must be received by the Election Board in a sealed, unmarked envelope;
(2) voters must not sign the ballot itself or the envelope in which it is contained; and
(3) the unmarked envelope shall be placed in an outer envelope, which shall be marked "Ballot" and which shall be signed by the voter and bear the home address of the voter.
(e) At the closing of the polls, absentee ballots shall be opened and placed in the ballot box after verification of the voter's name with the voter registration list.
Section 3.09 Challenge
(a) An Election Board member or an eligible voter may challenge a person's eligibility to vote for either of the following reasons:
(1) the person is not listed in the Town Clerk's card file of registered voters or on the voter registration list; or
(2) the person is not qualified to vote even though his· name appears on the voter registration list.
(b) When a person offers to vote and is challenged and the reason for the challenge is affirmed by a member of the Election Board:
(1) if the person's name does not appear on the voter registration list, it shall be added at the end of the list and the person shall sign next to his/her name;
(2) the Election Board member shall write the words "Challenged and Affirmed" next to the person's signature;
(3) the person shall be given a ballot and be allowed to mark same and return it to the Board member, who shall place the ballot in an envelope marked "Challenged", seal the envelope, and write the person's name on the envelope;
(4) the envelope marked "Challenged" containing the ballot shall be placed into the ballot box;
(5) the Board at the time the ballots are counted shall determine by vote whether any challenged and affirmed votes shall be counted;
(c) When a person offers to vote and is challenged and the challenge is not affirmed by an Election Board member:
(1) if the person's name does not appear on the voter registration list, it shall be added at the end of the list and the person shall sign next to his/her name;
(2) the Election Board member shall write the words "Challenged and Non
Affirmed" next to the person's signature; and.
(3) the person shall be allowed to vote.
Section 3.10 Contest of Elections.
(a) An election may be contested by either of the following procedures:
(1 ) any person may contest an election by the filing of a written complaint of contest, and the person initiating the action shall be known as the contestant. The written complaint shall include evidence in the form of documents or affidavits explaining why the election should be contested as invalid; or
(2) a petition with a number of signatures of voters qualified to vote in the contested election equal to twenty percent of the total number of votes cast at the election may contest the election, and the persons initiating the action shall be known as the contestants.
(b) Any written complaint or petition contesting an election must be
filed with the Town Clerk no later than 5:00 PM, five days after the election.
(c) The results of a contested election shall stand and candidates who are elected shall take possession and discharge the duties of the office until the Election Board rules on the validity of the contest.
(d) Within three (3) days after the filing of a contest of election, the Election Board shall rule on the validity of the election and report the results to the Town Clerk and, if necessary, the Town Attorney. The results shall be posted on the Town Bulletin Board in the mailroom by the Town Clerk.
ARTICLE IV. RECALL
Section 4.01 Criteria.
A Recall of any elected officer of the Town may be proposed by satisfying all of the following criteria:
(a) a Notice of Intent to Circulate a Petition shall contain the heading, "Notice
of intent to Circulate a Petition for Recall
of (Name of
Officer) ";
(b) the original Notice of Intent to Circulate a Petition, with an unsigned copy
of the Petition attached, shall include the original signatures of 20 registered voters with their names legibly printed, street addresses and the dates of signature on a single line across the page;
(c) the Petition shall be titled, "Recall of
(Name of Officer) ", and conform to the ballot description in Section 4.07, below. Hereafter, references to the Petition will be to "the proposed Recall";
(d) the proposed Recall shall cite specific grounds for the recall. Petitioners shall provide to the Town Clerk at the time
of filing of a Notice of Intent to Circulate a Petition supporting evidence, including documents and affidavits, of malfeasance or misfeasance in office or willful violation of the requirements of the office as set forth in the Charter; and
(e) a nonrefundable filing fee shall accompany each Notice
of intent to Circulate a Petition including re-filed Notices of Intent, as described in paragraphs ( a) and (b) above, to be filed with the Town Clerk, who shall refer the matter and supporting evidence to the Election Board.
Section 4.02 Election Board Response.
The Election Board shall have fifteen (15) days from the date the Notice of Intent is filed with the Town Clerk to:
(a) review the proposed Recall attached to the Notice of Intent;
(b) rule on the validity of the form in which the proposed Recall is presented, as described in Section 4.01, above; and
( c) if the proposed Recall fails to meet the criteria of a valid recall, notify at least one of the petitioners that the Notice of
intent is null and void, but this does not preclude the petitioners from
re-filing; or
(d) if the proposed Recall is in proper form, notify at least one of the petitioners signing the Notice of Intent and the Town Mayor of its decision.
Section 4.03 Decision Notification.
The Election Board shall notify at least one of the petitioners of its decision by certified mail, return receipt requested.
Section 4.04 Valid Proposed Recall Signatures.
The petitioners shall have fifteen (15) days to gather original signatures of registered voters on a valid proposed Recall, which shall also have space for the legibly printed name of the signer, the street address and the date of signing on one line across the page. The Election Board shall verify that the number of registered voters required to sign the proposed Recall is a number more than twenty percent of the number of votes cast at the election of the officer whose recall is proposed.
Section 4.05 Special Election Schedule.
Within ten (10) days after the proposed Recall, with original signatures, is filed with the Town Clerk, the Election Board shall schedule a special election on the proposed Recall to be held within thirty (30) days of the filing date of the signed proposed Recall. If a regular election is scheduled to occur within sixty (60) days of the filing date, the election on the proposed Recall shall be held at the regular election.
Section 4.06 Approval of Election Date.
The Assembly shall approve by resolution the election date set by the Election Board.
Section 4.07 Ballot.
A special Recall ballot shall contain the name of the officer, the position he/she holds, and the dates of the beginning and termination of his /her official term, followed by a statement of the alleged offenses prompting the Recall as stated verbatim in the valid Notice of Intent. Below this shall be the two phrases, "For the Recall" and "Against the Recall", one below the other, with a space after each for the placing of a mark where desired, and instructions to "Vote for Only One".
Section 4.08 Criteria for Recall.
(a) For an officer to be recalled, both of the following criteria must be met:
(1) a majority of the votes cast at the Recall Election must be cast "For the Recall" of the officer;
and
(2) votes "For the Recall" must equal or exceed the majority of the total ballots cast at the election at which the officer was elected.
(b) In the case of an appointed official, the election referred to would be the last one held for that position.
Section 4.09 Recalled Officer.
\\hen an officer is recalled, his/her office shall immediately become vacant.
Section 4.10 Eligibility for Re-Election.
If an officer is recalled as provided for above, he/she shall not be eligible for re-election until the term for which he/she was originally elected or appointed has expired.
Section 4.11 Subject to Future Recall. .
If a recall election results in a failure to secure a majority of votes in favor of the recall, the officer in question shall not again be subjected to recall until after the expiration of six (6) months from the time the first recall election was held.
Section 4.12 Vacancies from Recall.
Vacancies on the Assembly created by a recall election shall be filled in the same manner as is provided for the filling of vacancies on the Assembly due to other causes.
Section 4.13 Assembly with Less than a Quorum.
If vacancies occur on the Assembly causing there to be less than a quorum of the full contingent of Assembly members, the remaining members of the Assembly shall appoint interim Assembly members. If there are no remaining Assembly members, the Election Board will preside over the appointment of interim Assembly members. Interim Assembly members shall be former elected Assembly members who have never been recalled or forced to resign from the Assembly.
Additionally, candidates for the interim positions:
(a) shall be registered voters of the Town;
(b) shall be in compliance with all Town laws;
( c) shall not be related to current Town employees or elected officials; and
(d) shall not be doing business with the Town.
Section 4.14 Posting of Vacancies.
Vacancies shall be posted by the Town Clerk within twenty-four (24) hours of the time the vacancy occurs.
Section 4.15 Candidates Notifying the Town Clerk.
Candidates must notify the Town Clerk of their desire to serve on an interim basis, within twenty-four (24) hours following the posting of the vacancies by the Town Clerk.
Section 4.16 Selection.
Candidates shall be appointed within seventy-two (72) hours of the time of posting of the vacancies.
Section 4.17 More Candidates than Vacancies.
In case more candidates wish to serve than vacancies exist, the interim members shall be chosen by drawing lots, such drawing to be supervised by at least two of the following: Election Board Presiding Judge (or his/her designee), Town Clerk or Town Treasurer. This interim Assembly shall serve until new Assembly members are elected according to Town ordinance.
Section 4.18 Elected Officials other than Assembly Members.
The same Recall procedures in this Election Ordinance shall apply to elected town officials other than the Town Assembly. The Election Board shall substitute the name of the organization of such other elected town officials for the word "Assembly" in following these procedures for Recall.
ARTICLE V. REFERENDUM
Section 5.01 Criteria.
A Referendum may be proposed to rescind an ordinance passed by the Assembly, which satisfies all of the following criteria:
(a) within 35 days after an Ordinance has been posted on the Town Hall bulletin board at the mailboxes, a Notice
of intent to Circulate a Petition may be filed which shall contain the heading, "Notice of Intent to Circulate a Petition for a Referendum," followed by the exact wording of the Ordinance, in a ballot-ready form, with no additional comments for or against the Ordinance;
(b) the original Notice of Intent to Circulate a
Petition, with an unsigned copy of the Petition attached, shall be signed
by 20 registered voters with their names legibly printed, their street addresses and the dates of signing on a single line across the page;
(c) the Petition shall be titled, "Referendum," and shall conform to the ballot description in Section 5.08, below. Hereafter, the Petition shall be referred to as "proposed Referendum;"
(d) subject matter of a proposed Referendum shall be limited to only one ordinance passed by the Assembly within the past 35 days;
(e) subject matter of a proposed Referendum shall not challenge any authority granted to the Assembly by the Town Charter;
(f) subject matter of a proposed Referendum shall not attempt to change the Town Charter, which has its own procedure for amendment; and
(g) a non-refundable filing fee shall accompany each Notice of Intent to Circulate a Petition, including
re-filed Notices of Intent, as described in subparagraphs (a), (b) and (c) above, to be filed with the Town Clerk, who shall refer the matter to the Election Board.
Section 5.02 Election Board Response.
The Election Board shall have five (5) days from the date the Notice of Intent is filed with the Town Clerk to:
(a) review a proposed Referendum attached to the Notice of Intent;
(b) rule on the validity of the form in which a proposed Referendum is presented, as described in Section 5.01, above; and
(c) notify in writing at least one of the petitioners signing the Notice of Intent and the Town Mayor of its decision.
Section 5.03 Failure to Meet Referendum Criteria.
If the proposed Referendum fails to meet the requirements of a valid referendum, the Notice of Intent shall be null and void, but this does not preclude the petitioners
from re-filing.
Section 5.06 Special Election Date.
Within ten (10) days after the proposed Referendum, with original signatures, is filed with the Town Clerk, the Election Board shall schedule a special election on the proposed Referendum to be held within thirty (30) days of the filing date of the signed proposed Referendum. If a regular election is scheduled to occur within sixty (60) days
of the filing date, the election on the proposed Referendum shall be held at the regular election.
Section 5.07 Approval of Special Election Date.
The Assembly shall approve by resolution the election date set by the Election Board.
Section 5.08 Ballot.
The election ballot shall contain the exact wording of the Ordinance sought to be rescinded, followed by the words, "For rescinding the ordinance" and "Against rescinding the ordinance", one below the other, with a space after each for the placing of a mark where desired, and the instructions, "Vote for Only One".
(a) If a proposed Referendum receives more than a majority of the votes, the Election Board shall declare the proposed Referendum to have passed and the ordinance shall be of no effect.
(b) If a proposed Referendum receives less than a majority of the votes, it shall fail, and the Ordinance shall go into effect immediately;
( c) If the numbers of votes for and against a proposed Referendum are equal, the Election Board shall declare the proposed Referendum to have failed.
(d) If the ordinance is an emergency ordinance, it shall be in effect until rescinded by referendum election.
Section 5.09 Successful Referendum.
A successful Referendum shall be considered approved by the Assembly.
Section 5.10 Use of Referendum.
A Referendum may not be used to enact new law.
ARTICLE VI. INITIATIVE
Section 6.01 Criteria.
A valid Initiative may be proposed for enactment which satisfies all of the following criteria:
(a) a Notice of intent to Circulate a Petition shall contain the heading, "Notice of
intent to Circulate a Petition for an Initiative", followed by a concise statement of the Initiative, in a ballot-ready form, with no additional comments for or against existing law;
(b) the Initiative shall be included as an attachment to the Notice of intent, if it differs from the statement on the Notice of
intent .
(c) subject matter shall not be substantially similar to subject matter contained in any Notice of Intent to Circulate a Petition filed with the Town Clerk within the last 365 days;
(d) the original Notice of intent to Circulate a Petition, with an unsigned copy of the Petition attached, shall be signed by 20 registered voters with their names legibly printed, their street addresses and the dates of signing on a single line across the page;
(e) the Petition shall be titled, "Initiative", and conform to the ballot description in Section 6.09, below. Hereafter, the Petition shall be referred to as "proposed Initiative";
(f) subject matter of the proposed Initiative shall be limited to issues of governmental reform:
ethics, lobbying, electoral procedures, and meeting conduct;
(g) subject matter of a proposed Initiative shall be restricted to one specific issue; (h) subject matter of a proposed Initiative shall have no financial impact on the Town;
(i) subject matter of a proposed Initiative shall not attempt to change the Town Charter, which has its own procedure for amendment;
(j) subject matter of a proposed Initiative shall not be substantially similar to subject matter contained in a Petition for Initiative filed with the Town Clerk within the last 365 days; and
(k) a nonrefundable filing fee shall accompany
each Notice of intent to Circulate a Petition, including re-filed Notices of
intent, as described in paragraphs (a), (b), (c) and (d) above, to be filed with the Town Clerk, who shall refer the matter to the Election Board.
Section 6.02 Election Board Response.
The Election Board shall have fifteen (15) days from the date the Notice of
intent is filed with the Town Clerk to:
(a) review the proposed initiative attached to the Notice of intent; and
(b) rule on the validity of the form in which a proposed initiative is presented as described above;
and
(c) notify in writing at least one of the petitioners signing the Notice
of intent and the Town Mayor of its decision.
Section 6.03 Failure to Meet Initiative Criteria.
If a proposed Initiative fails to meet the criteria of a valid petition for an Initiative, the Notice
of intent shall be null and void, but this does not preclude the petitioners from re-filing, which requires payment of a new filing fee.
Section 6.04 Approval of Proposed Initiative.
The Election Board shall approve a valid proposed Initiative and shall refer the matter to the Assembly.
Section 6.05 Public Response from the Assembly.
The Assembly shall have fifteen (15) days to make a public response to the content of a valid Initiative after the date the Election Board determines
that a proposed Initiative is valid. The following rules shall apply:
(a) the Assembly shall have an additional fifteen (15) days after the end of the Assembly's
15-day public response period to act on an Initiative;
(b) if the Assembly votes to approve the Initiative, it shall be declared in effect, and no election for the Initiative shall be held;
(c) if the Assembly amends the Initiative, acts adversely or fails to act, the Town Clerk shall notify at least one of the petitioners by postal certified letter, return receipt requested, of the action or non-action and, further, that the Initiative may be circulated.
Section 6.06 Petition Circulation Period.
The petitioners shall have fifteen (15) days to gather original signatures of registered voters on the petition for the Initiative. The number of voters required to sign the petition shall be a number more than twenty percent of the number of voters who voted at the last regular election.
Section 6.07 Special Election.
Within ten (10) days after a petition for a valid Initiative with original signatures is filed with the Town Clerk, the Election Board shall schedule a special election on the Initiative to be held within thirty (30) days of the filing date of the signed petition. If a regular election is scheduled to occur within sixty (60) days of the filing date, the election on the Initiative shall be held at the regular election.
Section 6.08 Approval of Election Date.
The Assembly shall approve by resolution the election date set by the Election Board.
Section 6.09 Ballot: Initiative is Not Amended by the Assembly.
If the Initiative is not amended by the Assembly, the election ballot shall contain the proposed Initiative as submitted to the Assembly, followed by the words "For the Initiative" and "Against the Initiative", one below the other, with a space after each for the placing of a mark where desired, and the instructions, "Vote for Only One".
(a) If a majority of the votes at the election are in favor of the Initiative, the Election Board shall announce the Initiative to be in effect.
(b) If the Initiative receives less than a majority of the votes, it shall fail and shall not be in effect.
( c) If the numbers of votes cast for and against the Initiative are equal, the Election Board shall declare the Initiative to have failed and not be in effect.
Section 6.10 Ballot: Initiative is Amended by the Assembly.
If the Initiative is amended by the Assembly, the election ballot shall contain the proposed Initiative and the Initiative as Amended by the Assembly and three vote options: 1) "For the proposed Initiative", 2) "For the Initiative as Amended", and 3) "For neither Initiative", one below the other, with a space after each for the placing of a mark where desired, and the instructions, "Vote for Only One".
(a) If neither form of the Initiative receives over fifty percent 50% of the votes cast, the Election Board shall declare the Initiatives to have failed in both forms, and neither shall be in effect.
(b) If one form of the Initiative receives over fifty percent 50% of the votes cast, the Election Board shall declare that form of the Initiative to be in effect.
Section 6.11 Initiative that is declared to be in effect.
An Initiative that is declared to be in effect shall be considered approved by the Assembly as described for ordinances in the Town Charter.
Section 6.12 Filing of Substantially Similar Initiative.
A Notice of intent for a substantially similar Initiative may not be filed for a period of no less than 365 days after a petition for a proposed Initiative is filed with the Town Clerk.
ARTICLE VII. SPECIAL
ELECTION Section 7.01 Town Assembly.
The Town Assembly may call a Special Election upon adoption of an Election Resolution, stating the purpose for calling the Election.
Section 7.02 Election Board.
The Election Board shall perform the following in addition to regular election duties:
(a) set the date of the Election at least four weeks from the adoption of
the Election Resolution;
(b) set the deadline for filing applications by candidates to be no later than the close of the business day for the Town Office on the day two weeks before the actual election date; and
(c) set the deadline for filing applications as write-in candidates no later than the close of the business day for the Town Office on the day one week prior to the actual election date.
Section 7.03 Election Rules
All other regular election rules shall apply to Special Elections.
ARTICLE VIII.
This ordinance shall become effective thirty five (35) days
from and after its enactment and all other Ordinances, Resolutions and rules relating to elections shall be repealed as of said effective date of this ordinance.
DULY ADOPTED this 25th day of September, 2006 by the Assembly of the Town of Cochiti Lake, at a meeting thereof, at which a quorum was present,
_____voting for and _____ voting against.
Freda Donica, Mayor
Frank Hart, Mayor Pro Tern
Mary Ann Closson, Assembly Member
Marge Knightly, Assembly Member
Anthony DaSilva, Assembly Member ATTEST:
Ronald Herrera, Town Clerk
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