AN ORDINANCE OF THE CITY OF YAMHILL, SUPERSEDING ORDINANCE NUMBER 209, PERTAINING TO THE NOMINATION OF THE CITY COUNCIL CANDIDATES, MAY ALSO BE KNOWN AS THE NOMINATION ORDINANCE.

WHEREAS, the current Yamhill Election Ordinance can be difficult to interpret regarding the procedures for nomination of a city council candidate; and

WHEREAS, the current Yamhill Election Ordinance has a direct conflict with existing State Election Law; and

WHEREAS, Chapter VI, Section 31 of the City Charter for the City of Yamhill states that the Council shall provide by ordinance the mode for nominating elective officers; and

WHEREAS, the City Council deemed it necessary to clarify the existing election ordinance and correct the conflict with the State Election procedures; now, therefore,

THE CITY OF YAMHILL ORDAINS AS FOLLOWS:

Section 1. Qualifications for City Councilor.

(A) In accordance with the Yamhill City Charter, Chapter III, Section 12, the following shall be the qualifications for City Councilors:

(1) No person shall be eligible for an elective office of the City unless at the time of his election he is a qualified elector within the meaning of the State Constitution and has resided in the City during the twelve months immediately preceding the election.

(2) The Council shall be final judge of the qualifications and election of its own members, subject, however, to review by a court of competent jurisdiction.

Section 2. Nonpartisan Documents.

A nomination petition, election notice, ballot, or other election document shall not indicate the party affiliation or preference of a City officer or a candidate for City office.

Section 3. City Council Nominating Conventions, Caucus, Etc.

(A) Organizing the Caucus.

(1) The Council shall, no later than its first regular meeting in July, next preceding a general election, direct and order the City Recorder to call a caucus for the purpose of nominating a City Ticket.

(2) Said caucus to be called and held not less than 91 days preceding the election.

(3) The City Recorder shall designate definitely the time and place of the holding of the caucus.

(4) The City Recorder shall post notices thereof in at least three public places within the City at least 10 days prior to the date set for holding such caucus.

(5) The recorder shall publish, in a newspaper of general circulation, the notice thereof at least once prior to the date set for holding the caucus.

(B) Holding the Caucus.

(1) At the time and place set for such caucus such meeting shall organize by the election of a chairman and secretary.

(2) The Caucus shall then proceed to nominate such candidates as may be necessary to nominate a complete City ticket to be voted upon at the ensuring general election.

(3) Certification of nomination by such caucus shall be made by the chairman and secretary of such caucus upon oath.

(4) Certification shall be forthwith and within three (3) days after the holding of such caucus, be filed with the City Recorder.

(5) The names of the persons so nominated shall be placed upon the ballot by the City Recorder as candidates for the respective offices for which so nominated.

Section 4. Other Nominating Conventions, Caucus, Etc.

(A) Any convention of delegates, assembly of electors, or individual electors of not less than 10 in number, causing a certificate of nomination with the oath of the chairman and secretary of the said meeting attached, may nominate one (1) candidate for each office of the City to be voted upon at the next regular election provided:

(1) The certificate of nomination shall contain the names of the candidates nominated thereat, and the offices for which they were nominated.

(2) The certificate of nomination shall certify the fact that ten (10) or more legal and qualified voters of the City of Yamhill were in attendance and voting at said meeting.

Section 5. Nominations by Petition.

(A) The form of nominating petition for all candidates for City office shall substantially conform to the form designated by the Secretary of State.

(B) Such petition shall be signed by not fewer than ten (10) electors.

(C) Such petition shall contain the oath of one of the petitioners swearing that there are ten (10), or more, names of legal and qualified voters of the City.

Section 6. Name of Party or Organization.

(A) All certificates of nomination and all nominating petitions shall specify the name of the party or organization, i.e. "City Ticket", "Independent Ticket", as the case may be, based on the party represented by the candidate.

(B) Said name shall contain not more than three (3) words.

(C) The ticket nominated by the City caucus shall be known and designated at "City Ticket".

Section 7. Acceptance of Nomination.

(A) All candidates shall accept or decline the nomination prior to filing Certificates or Petitions with the City Recorder.

(B) All Certificates of Nomination or Nominating Petitions shall have attached thereto the acceptance of all of the candidates therein nominated prior to filing with the City Recorder.

Section 8. Filing Dates.

(A) Petitions shall be filed no later than seventy (70) days prior to the date of election.

(B) In the situation where the filing date falls on a weekend or legal holiday, the time for filing shall be extended to 4:00 p.m. on the following workday.

Section 9. Verification of Signatures.

Within five (5) days after the filing deadline and at least sixty (60) days prior to the election, the City Recorder shall verify that the signatures are valid.

Section 10. Deficient Certificate of Nomination or Nominating Petitions.

(A) If the certificate or petition is not signed by the required number of qualified electors, said certificate or petition shall be deemed to be deficient.

(B) If the certificate or petition does not have the candidates acceptance attached, said certificate or petition shall be deemed to be deficient.

(C) If the certificate or petition does not contain the party designation, said certificate or petition shall be deemed to be deficient.

(D) If the certificate or petition is deemed deficient based on the criteria designated in Section 10 (A) (B) or (C), the City Recorder shall refuse to receive and file the same.

(E) If any petition is insufficient in any other particular, the city recorder shall return it immediately to the person who filed it, certifying in writing wherein the petition is insufficient.

(F) Petitions found to be deficient may be amended and filed again as a new petition, or a substitute petition for the same candidate may be filed within the regular time for filing nomination petitions.

Section 11. Other Required Paperwork.

In addition to paperwork required by City Election Procedures, all candidates will be required to submit all paperwork required by the State Election Procedures in accordance with ORS 221.180, 249.002-249.056, and 249.061-249.076. Copies of additional required paperwork shall be maintained by the City Recorder and made available upon request.

Section 12. Repealer. This Ordinance repeals ordinance No. 209.

INTRODUCED AND ADOPTED by the City of Yamhill Council and signed by me in authentication of its passage this 24th day of April , 1996.