Chapter VI - Elections

Section 1. Voter Qualifications.

Every legal voter of the State who has been a resident of the City for thirty (30) days immediately preceding the election shall be entitled to vote at a City election.

Section 2. Regular Elections.

Regular City elections shall be held at the same times and places as the biennial general State election, in accordance with applicable State elections laws. The City Recorder shall, not later than the last day on which such certificate may be filed, prepare and furnish to the County Clerk of Josephine County a certified statement showing the City measures to be voted on at said election and the City offices to be filled in the City at the election, and the names and other information concerning all candidates for such offices to be voted on at the election. Notice of such election shall be that provided by law to be given by the County Clerk of the County. (Amended by voters May 21, 2013, Measure 17-50)

Section 3. Special Elections.

The Council shall provide the time, manner, and means for holding any special election. The City Recorder shall give at least ten days' notice of each special election in the manner provided by the action of the Council ordering the election. (Amended by voters May 21, 2013, Measure 17-50)

Section 4. Regulation of Elections.

Except as this Charter provides otherwise and as the Council provides otherwise by ordinances relating to elections, the general laws of the State shall apply to the conduct of all City elections, recounts of the returns therefrom, and contests thereof.

Section 5. Tie Votes.

In the event of a tie vote for candidates for an elective office, the successful candidate shall be determined by a public drawing of lots in a manner prescribed by the Council.

Section 6. Canvass of Returns.

In all elections held in conjunction with State and County elections, the State laws governing the filing of returns by the County Clerk shall apply. In each special City election, the returns therefrom shall be filed with the City Recorder on or before noon of the day following, and not later than ten days after the election, the Council shall meet and canvass the returns. The results of all special elections shall be entered in the record of the proceedings of the Council. The entry shall state the total number of votes cast at the election, the votes cast for each person and for and against each proposition, the name of each person elected to office, the office to which each person has been elected, and a reference to each measure enacted or approved. Immediately after the canvass is completed, the City Recorder shall make and sign a certificate of election of each person elected and deliver the certificate to each person elected within one day after the canvass. A certificate so made and delivered shall be prima facie evidence of the truth of the statements contained in it. (Amended by voters May 21, 2013, Measure 17-50)

Section 7. Election Contest.

The common Council is the judge of election and qualification of the Mayor and Council Members, and in case of a contest between two or more persons claiming to be elected thereto, must determine the same. An election contest for any office other than Mayor and Council Member must be determined according to the laws of the State regulating contest for County officers.

Section 8. Commencement of Terms of Office.

The term of office of a person elected in a regular City election shall commence the first Monday of the following year.

Section 9. Oath of Office.

Before entering upon the duties of an office, each officer shall take an oath or shall affirm that they will support the constitutions and laws of the United States and of Oregon and that they will faithfully perform the duties of that office.

Section 10. Nominations.

Names for all candidates for city office shall be presented for nomination by individual nominating petitions or by declaration or candidacy and payment of the fee.
In any petition filed by or on behalf of, or declaration of candidacy made by, a candidate for election to a city elective office at the general election, no reference shall be made to any political party ballot or to the political party affiliation of a candidate. The petition nomination shall contain the signatures of not less than 50 registered electors of the city.
All such nominating petitions and declarations of the candidacy must be filed with the City Recorder at least 5 days prior to the date on which the City Recorder is required to certify candidates and measures to the County Clerk for election.

Section 11. Election Procedure.

Except as herein expressly provided, the manner of election and preparing the general election ballot shall be the same as the state provisions now or hereafter in effect for the non-partisan election of district attorneys, subject to such change as the Council may hereafter make by ordinance.
When there are 3 or more candidates for an office, the candidate receiving the highest number of votes shall be declared elected. A plurality of the votes cast shall be sufficient for election.