With signature. the clerk rejected. If necessary, the council shall provide extra help to enable the clerk to perform satisfactorily and promptly the duties imposed by this section. Withdrawal of signature. (7) Any signer to a petition of nomination may withdraw drawal of his name from the same by filing with the city clerk a verified revocation of his signature before the filing of the petition by the clerk, and not otherwise. He shall then be at liberty to sign a petition for another candidate for the same office. Withdrawal of candidate. With drawal of candidate. Filing of (8) Any person whose name has been presented under this section as a candidate may, not later than twenty-five days before the day of election, cause his name to be withdrawn from nomination by filing with the city clerk a request therefor, in writing and no name so withdrawn shall be printed upon the ballot. If upon such withdrawal the number of candidates remaining does not exceed the number to be elected, then other nominations may be made by filing petitions therefor not later than twenty days prior to such election. Filing of petitions. (9) If either the original or the amended petition of nompetitions. ination be found sufficiently signed as hereinbefore provided, the clerk shall file the same in his office twenty-five days before the date of the election. When a petition of nomination shall have been filed by the clerk it shall not be withdrawn nor added to, and no signature shall be revoked thereafter. Preserva tion of petitions. Election proclamation. Form of ballots. Preservation of petitions. (10) The city clerk shall preserve in his office for a period of two years all petitions of nominations and all certificates belonging thereto filed under this section. Election proclamation. (11) Immediately after such petitions are filed, the clerk shall enter the names of the candidates in a list, with the offices to be filled, and shall not later than twenty days before the election certify such list as being the list of candidates nominated as required by the charter of Modesto, and the council shall cause said certified list of names and the offices to be filled, designating whether for a full term or unexpired term, to be published in the proclamation calling the election. at least ten successive days before the election in not more than two daily newspapers of general circulation published in the city of Modesto. Said proclamation shall conform in all respects to the general state law governing the conduct of municipal elections, now or hereafter in force, except as above required, and shall be signed by the mayor and city clerk. Form of ballots. (12) The city clerk shall cause the ballots to be printed and bound and numbered as provided for by state law, except as otherwise required in this charter. The ballots shall contain the list of names and the respective offices, as published in the proclamation, and shall be in substantially the following form: GENERAL (OR SPECIAL) MUNICIPAL ELECTION, CITY OF MODESTO. (Inserting date thereof.) Instructions to voters: To vote, stamp or write a cross (X) opposite the name of the candidate for whom you desire to vote. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear or deface this ballot, return it to the inspector of election and obtain another. Requirements of ballot. ments of (13) All ballots printed shall be precisely of the same size, Requirequality, tint of paper, kind of type, and color of ink, so that ballot. without the number it would be impossible to distinguish one ballot from another; and the names of all candidates printed upon the ballots shall be in type of the same size and style. A column may be provided on the right hand side for charter amendments or other questions to be voted upon at the municipal elections, as provided for under this charter. The names of the candidates for each office shall be arranged in alphabetical order, and nothing on the ballot shall be indicative of the source of the candidacy or of the support of any candidate. Every nominee to be on ballot. nominee (14) The name of no candidate who has been duly and Every regularly nominated, and who has not withdrawn his name as to be on herein provided, shall be omitted from the ballot. Arrangement of offices on ballot. ballot. (15) The offices to be filled shall be arranged in separate Arrangecolumns in the following order: "For mayor (if any) vote for one." "For councilman (if any) vote for (giving number)." (giving number)." Space for voting cross. ment of offices on ballot. (16) Half-inch squares shall be provided at the right of Space for the name of each candidate wherein to mark the cross. Blank spaces for additional candidates. voting cross. spaces for candi (17) Half-inch spaces shall be left below the printed names Blank of candidates for each office equal in number to the number to additional be voted for, wherein the voter may write the name of any dates. person or persons for whom he may wish to vote. Sample ballots. ballots. (18) The clerk shall cause to be printed sample ballots in Sample form identical with the ballot to be used at the election and shall furnish copies of the same on application to registered voters at his office at least five days before the date fixed for such election, and shall mail one such ballot to each voter Vote for elec tion. entitled to vote at such election, so that all of said sample ballots shall have been mailed at least three whole days before said election. Vote necessary for election. (19) In case there is but one person to be elected to an necessary office, the candidate receiving a majority of the votes cast for all the candidates for that office shall be declared elected; in case there are two or more persons to be elected to an office, then those candidates equal in number to the number to be elected, who receive the highest number of votes for such office shall be declared elected; provided, however, that no person shall be declared elected to any office at such first election unless the number of votes received by him shall be greater than one-half the number of ballots cast at such election. Second election. Second election. Date of election. Rules gov. erning second election. Failure of person elected to qualify. Informal ities in election. (20) If at any election held as above provided there be any office to which the required number of persons was not elected, then as to such office the said first election shall be considered to have been a primary election for the nomination of candidates, and a second election shall be held to fill said office. The candidates not elected at such first election, equal in number to twice the number to be elected to any given office, or less if so there be, who receive the highest number of votes for the respective offices at such first election, shall be the only candidates at such second election; provided, that if there be any person who, under the provisions of this subdivision, would have been entitled to become a candidate for any office except for the fact that some other candidate received an equal number of votes therefor, then all such persons receiving such equal number of votes shall likewise become candidates for such office. The candidates equal in number to the persons to be elected who shall receive the highest number of votes at such second election shall be declared elected to such office. Date of election. (21) The said second election, if necessary to be held, shall be held on the second Tuesday after the first election. Rules governing second election. (22) All the provisions and conditions above set forth as to the conduct of an election, so far as they may be applicable, shall govern the second election, except that proclamation of election need be published twice only; and provided, also, that the same precincts and polling places shall, if possible, be used. Failure of person elected to qualify. (23) If a person elected fails to qualify, the office shall be filled as if there were a vacancy in such office, as hereinafter provided. Informalities in election. (24) No informalities in conducting municipal elections shall invalidate the same, if they have been conducted fairly and in substantial conformity to the requirements of this charter. General election regulations. election (25) The provisions of the state law relating to the qualifi- General cations of electors, the manner of voting, the duties of regulaelection officers, the canvassing of returns, and all other par- tions. ticulars in respect to the management of elections, so far as they may be applicable, shall govern all municipal elections; provided that the council shall meet as a canvassing board and duly canvass the election returns within four days after any municipal election, except as otherwise in this charter provided. Qualifications of voters. tions of (26) No person shall be entitled to vote at any election held Qualificaunder the provisions of this charter, unless he shall be a voters. qualified elector of the county, enrolled upon the great register thereof and in the precinct in which he votes at least twentyfive days next preceding said election and shall have resided in the city of Modesto for at least thirty days preceding such election. At any election held under the provisions of this charter, the last printed great register of the county shall be used and any elector whose name is not upon such printed register shall be entitled to vote upon producing and filing with the board of election a certificate under the hand and official seal of the county clerk showing that his name is registered and uncanceled upon the great register of the county; provided that he is otherwise entitled to vote. Voting machines. machines. SEC. 7. In case voting machines shall be used at municipal Voting elections, the council shall have power, by ordinance, to modify the provisions of section 6 so far as may be necessary to adapt them to the use of voting machines. ARTICLE V. officers. SEC. 8. The elective officers of the City of Modesto shall Elective be a mayor, four councilmen, and five members of the board of education. The council shall consist of the mayor and four councilmen, each of whom, including the mayor, shall have the right to vote on all questions coming before the council. Elected at large. large. SEC. 9. The mayor and councilmen shall be elected at the Elected at general municipal election on a general ticket from the city at large. Eligibility of mayor and councilmen. of SEC. 10. To be eligible for the office of mayor, or council- Eligibilty man, a person must be a citizen of the United States and a madonqualified elector of the State of California, and of the city of cilmen. Modesto for at least three years next preceding his election. Vacancy in council. Mayor's term of office. Councilment's term of office. Official bonds. Vacancy in council. SEC. 11. If a vacancy shall occur in the office of mayor or councilman, the council shall forthwith appoint a person to fill such vacancy. Said appointee shall possess such qualifications for eligibility as are set forth in section 10 of this article and shall hold office until his successor is duly elected and qualified. Such successor shall be chosen at the next general municipal election, or at the first succeeding special municipal election called for any other purpose, or as otherwise provided in recall proceedings for the recall of an officer, which election shall not take place less than forty (40) days after such vacancy occurs. The person so elected shall hold office for the unexpired term. All the provisions of section 6, article IV shall apply to all elections held under this section. Mayor's term of office. SEC. 12. The mayor shall hold office for a term of four years from and after the first Monday in May after his election, and until his successor is elected and qualified; provided, that a mayor shall be elected at the first municipal election held under this charter, and said mayor shall take office on the first day of July succeeding his election, and his term of office shall cease and determine upon the election and qualification of the mayor elected at the general municipal election in 1915. Councilmen's term of office. SEC. 13. The councilmen shall hold office for a term of four years from and after the first Monday in May after their election and until their successors are elected and qualified; provided, that four councilmen shall be elected at the first general municipal election held under this charter and shall take office on the first day of July succeeding their election; and provided, further, that the councilmen first elected under this charter shall so classify themselves by lot that the terms of two of said councilmen shall cease and determine upon the election and qualification of the two councilmen elected at the general municipal election in 1913, and that the terms of office of the other two of said councilmen elected at the first general municipal election held under this charter shall cease and determine upon the election and quali fication of the two councilmen elected at the general municipal election in 1915. At each general municipal election after the first, held under this charter, there shall be elected two councilmen, and at every alternate general municipal election after the first held under this charter, a mayor shall be elected. Official bonds. SEC. 14. The council shall fix the amount of the bonds and the methods of their approval to be required of appointive officers. The approval of the official bonds must be endorsed thereon and signed by the officer or officers approving the same. All bonds, except the clerk's bond, which shall be filed with. |