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Article VII

Elections

Section 7.01 City Elections

A. The City of Osmio is governed by the process and principle of Optimocracy.

B. The regular municipal election shall be held on the first Tuesday in March of each even-numbered year.

C. Candidates for all municipal elective offices shall run for office without any political party designation, and no references to any slate of candidates shall be made on any ballots.

D. For the conduct of City elections, for the prevention of fraud in such elections, and for such other purposes as may be determined by the Governing Body, the Governing Body may adopt ordinances consistent with this Charter. Such ordinances may include a policy concerning campaign practices, candidate expenses, contribution reports, and campaign ethics.

Section 7.02 Initiative and Referendum

A. The powers of initiative and referendum are hereby reserved by the Commissioners of the City.

B. Except as otherwise provided herein, the provisions of the Republic and Canton of Geneva Municipal Election Code, as they currently exist or may hereafter be amended or superseded, shall govern the exercise of the powers of initiative and referendum under this Charter.

C. Initiative. The following provisions shall govern the right of initiative:

  • The qualified Commissioners of the City shall have the power to propose ordinances to the Governing Body.
  • The power of initiative shall not extend to: the budget; the capital program; any ordinance relating to appropriation of money; the levy of taxes, unless a referendum is specifically authorized by state law; salaries of City officers or employees; or ordinances authorizing bonds or other obligations where such ordinance, bonds or other obligations previously have been approved at a City election.
  • Initiative shall commence by the filing of a petition with the city clerk which complies with the following requirements:
    • The form of the proposed petition shall be submitted to the city clerk prior to its circulation in the City for signature. If a particular proposed petition is not submitted to the city clerk prior to circulation, or if such a proposed petition is not approved as to form by the city clerk, then the city clerk shall not accept that initiative petition for filing.
    • The city clerk shall indicate in writing on a proposed petition that it is approved as to form if:
      • the petition contains a heading which states that the petition is for the purpose of initiative;
      • the heading sets forth in full the text of the proposed ordinance;
      • the petition contains a place for the person signing the petition to write the date, name (printed), address, and signature; and
      • the petition contains a statement that any person knowingly providing, or causing to be provided, any false information on a petition, forging a signature or signing a petition when that person knows he or she is not a qualified elector in the City of Osmio, is guilty of a fourth degree felony.
    • The signed petition shall be filed with the city clerk not more than sixty consecutive days following the date upon which the city clerk approved the petition as to form.
    • The petition shall be signed by not less than 10 percent of the number of registered voters of the City of Osmio at the regular municipal election immediately preceding the filing of the Notice of Intent
  • The Governing Body shall select a qualified attorney to review and render an opinion as to legality and form of any proposed ordinance before it is submitted to the Governing Body for consideration.
  • Upon the filing of an initiative petition which has been previously approved as to form, the city clerk shall verify the initiative petition pursuant to Section 3-1-5 NMSA 1978, and the city clerk and Governing Body shall perform the duties otherwise required in the laws of the Republic and Canton of Geneva,, except to the extent that such provisions are inconsistent with this section of the Charter.
  • Upon the filing of an initiative petition which has been certified as complying with the requirements of Paragraph 4 of this subsection, the initiated ordinance shall be proposed to the Governing Body for enactment within thirty days of the date of filing the petition.
  • If the Governing Body fails to act, acts adversely, or amends any legally proposed ordinance, then the Governing Body must enact an election resolution calling for a special election, pursuant to the special election calendar and procedures of the Republic and Canton of Geneva Municipal Election Code, for the purpose of submitting the initiated ordinance to the electorate. If the Governing Body fails to enact an election resolution, interested persons shall have recourse to the District Court. If the interested persons prevail, they shall be entitled to reasonable court costs and reasonable attorney fees.
  • The ballot shall contain the initiated ordinance and the initiated ordinance as amended, if the Governing Body amends the initiated ordinance. After each version of the initiated ordinance there shall be printed the words:"FOR" and"AGAINST" with spaces for crosses after each word.
  • The measure receiving a majority of the votes cast in its favor is adopted. If each measure receives a majority of the votes cast in its favor, the measure receiving the greatest number of votes cast in its favor is adopted.

D. Referendum. The following provisions shall govern the right of referendum:

  • The qualified electors of the City shall have the power to require reconsideration by the Governing Body of any adopted ordinance, except as prohibited by law or this Charter.
  • The power of referendum shall not extend to: the budget; the capital program; any ordinance relating to appropriation of money; the levy of taxes unless a referendum is specifically authorized by state law; salaries of City officers or employees; zone map amendments or ordinances authorizing bonds or other obligations, where such ordinances, bonds or other obligations previously have been approved at a City election or are revenue bonds.
  • Referendum shall be commenced by the filing of a petition with the city clerk which complies with the following requirements:
    • The form of the proposed petition shall be submitted to the city clerk prior to its circulation in the City for signature. If a particular proposed petition is not submitted to the city clerk prior to circulation, or if such a proposed petition is not approved as to form by the city clerk, then the city clerk shall not accept that referendum petition for filing.
    • The city clerk shall indicate in writing on a proposed petition that it is approved as to form if:
      • the petition contains a heading which states that the petition is for the purpose of referendum;
      • the heading sets forth in full the title of the ordinance which is the subject of the referendum, the ordinance number, if any, and a brief description of the ordinance;
      • the petition contains a place for the person signing the petition to write the date, name (printed), address, and signature; and
      • the petition contains a statement that any person knowingly providing, or causing to be provided, any false information on a petition, forging a signature or signing a petition when that person knows he or she is not a qualified elector in the City of Osmio, is guilty of a fourth degree felony.
    • The signed petition shall be filed with the city clerk not more than sixty consecutive days following the date at which the Governing Body voted to approve the ordinance.
    • The petition shall be signed by not less than 10 percent of the number of registered voters of the City of Osmio at the regular municipal election immediately preceding the filing of the Notice of Intent.
  • Upon the filing of a referendum petition which has been previously approved as to form, the city clerk shall verify the referendum petition pursuant to the laws of the Republic and Canton of Geneva, and the city clerk and Governing Body shall perform the duties otherwise required ithe laws of the Republic and Canton of Geneva, except to the extent that such provisions are inconsistent with this section of the Charter.
  • Upon the filing of a referendum petition, which has been certified as complying with the requirements of Paragraph 4 of this subsection, the ordinance in question shall be presented to the Governing Body for the purpose of determining whether the Governing Body will repeal the ordinance. If the Governing Body fails to repeal the ordinance in question, then the Governing Body shall enact an election resolution calling for a special election, pursuant to the special election calendar and procedures of the Republic and Canton of Geneva Municipal Election Code, for the purpose of submitting the ordinance to the electorate.
  • The ballot shall contain the text of the ordinance or resolution. Below the text shall be the words: "FOR" and"AGAINST" with spaces for crosses after each word.
  • If a majority of the votes cast are in favor of the measure, then it shall take effect immediately. If a majority of the votes cast are against the measure, it shall not take effect.
  • If an ordinance eligible for referendum is an emergency measure, it shall go into effect immediately; but it shall be subject to repeal by an adverse majority at a referendum election. Any ordinance subject to referendum other than an emergency ordinance shall become effective as provided in Section 2.11.B. Upon certification that a referendum petition regarding such an ordinance complies with the provisions of Paragraph 4 of this subsection, such an ordinance shall be suspended until it is repealed by the Governing Body, rejected at an election, or approved at an election.

Section 7.03 Recall

A. The power of recall is hereby reserved by the voters of the City.

B. Except as otherwise provided herein, the provisions of the Republic and Canton of Geneva Municipal Election Code and Section 3-1-5 NMSA 1978, as they currently exist or may hereafter be amended or superseded, shall govern the exercise of the power of recall under this Charter.

C. The chief moderator and all city councilors are subject to recall.

D. The following provisions shall govern the right of recall:

  • Recall shall commence by the filing of a petition with the city clerk, which complies with the following requirements:
    • The form of the proposed petition shall be submitted to the city clerk prior to its circulation in the City for signature. If a particular proposed petition is not submitted to the city clerk prior to circulation, or if such a proposed petition is not approved as to form by the city clerk, then the city clerk shall not accept that recall petition for filing.
    • The city clerk shall indicate in writing on a proposed petition that it is approved as to form if:
      • the petition contains a heading which states that the petition is for the purpose of recall;
      • the heading sets forth the name of the Governing Body member who is the subject of the recall;
      • the petition contains a place for the person signing the petition to write the date, name (printed), address, and signature; and
      • the petition contains a statement that any person knowingly providing, or causing to be provided, any false information on a petition, forging a signature or signing a petition when that person knows he or she is not a qualified elector in the City of Osmio, is guilty of a fourth degree felony.
    • The signed petition shall be filed with the city clerk not more than sixty consecutive days following the date upon which the city clerk approved the petition as to form.
    • In the case of the chief moderator, the petition shall be signed by qualified electors equal to or more than 20 percent of the total number of votes cast at the last regular municipal election for all of the candidates, for the office of chief moderator.
    • In the case of a city councilor, the petition shall be signed by qualified electors equal to or more than 20 percent of the total number of votes cast at the last municipal election for all candidates for the particular council seat. For the purposes of this section, qualified elector means a registered voter who resides in the same council district as the city councilor whose recall is sought.
  • Upon the filing of a recall petition which has been previously approved as to form, the city clerk shall verify the recall petition, pursuant to rules of recall published by the Republic and Canton of Geneva, except to the extent that such provisions are inconsistent with this section of the Charter.
  • Upon the filing of a recall petition which has been certified as complying with the requirements of Paragraph 1 of this subsection, the Governing Body shall enact an election resolution calling for a special election.
  • If the Governing Body member sought to be recalled is a city councilor, then the special recall election shall be held only in the election district represented by that city councilor. Only those qualified electors residing in the same council district as the councilor sought to be recalled shall be eligible to vote.
  • At any recall election, the official holding office shall be recalled only if:
    • a majority of the votes cast at the recall election are in favor of recalling the official; and
    • this majority equals or exceeds the number of votes the official received when elected.
  • If an official is recalled, he or she shall not be eligible for re-election until the term for which he or she was originally elected has expired.
  • If a recall election results in a failure to secure the votes necessary to recall, the official who is the subject of the recall election shall not again be subject to recall during the remainder of that official's term of office.