Ordinances, resolu

orders.

thereof. It is, however, expressly provided that nothing herein contained shall be construed as requiring a vote of the electors on a proposition to acquire any property or expend any money, for the purpose of extending, or developing such property or any property or plant now owned or operated by the city, or which it may, in accordance with the provisions of this charter, acquire in the future.

SEC. 41. Ordinances, resolutions, and orders. To adopt and enforce ordinances, resolutions, and orders not repugtions, and nant to the provisions of this charter, the constitution of the United States, or of the State of California, or general laws; and to establish all such measures and regulations, in the absence of express provision therefor in this charter, as the council may deem expedient or necessary for the promotion of the peace, health, comfort, safety, life, happiness, and welfare of the inhabitants of the city, the protection of property, the preservation of order, and the suppression of vice.

General and special

SEC. 42.

ARTICLE III.

ELECTIONS.

General and special municipal elections. A mumunicipal nicipal election shall be held in the city on the first Tuesday elections. after the first Monday in May in the year 1911, and on the first Tuesday after the first Monday in May in every second year thereafter, and shall be known as the general municipal election. A second election shall be held, when necessary, as hereinafter provided in this charter, on the second Tuesday after said general municipal election, and shall be known as the second general municipal election.

Nomination and

election of

All other municipal elections that may be held by or under the authority of this charter or of the general law shall be known as special municipal elections.

SEC. 43. Nomination and election of all elective officers. The mode of nomination and election of all elective officers of all elective the city to be voted for at a municipal election, shall be as officers. follows and not otherwise.

Condition

didacy.

SEC. 44. Condition of candidacy. The candidate, not of can- later than the presentation to the city clerk of his petition of nomination, as in this article set forth, and not earlier than thirty days before such presentation, shall file with the city clerk a declaration of his candidacy, in the following form:

DECLARATION OF CANDIDATE.
residing at No.

..street,

I. Santa Cruz, California, being duly sworn, hereby declare myself a candidate for the office of

to be voted for at the municipal election, to be held in the City of Santa Cruz, on the ...... day of 19...

(Signed)

printed on

SEC. 45. Name printed on ballot. The name of a candi- Name date shall be printed upon the ballot when a petition of nom- ballot. ination shall have been filed in his behalf in the manner and form and under the conditions hereinafter set forth, such candidate not having withdrawn under the provisions of this article.

nomina

SEC. 46. Form of nomination petition. The petition of Form of nomination shall consist of not less than twenty-five individual tion certificates, which shall read substantially as follows:

I, the undersigned, certify that I do hereby join in a petition for the nomination of

whose residence is at No.

.... street, Santa Cruz, California, for the office of
to be voted for at the

municipal

election to be held in the said city of Santa Cruz, on the ....
day of
19...; and I further certify that I am
a qualified elector of the said city, that I have not signed more
petitions for the above named office than there are places to
be filled, that my residence is at No.
Santa Cruz, California, and that my occupation is

.....

.....

street,

petition.

., being duly sworn, deposes and says: That he

is the person who signed the foregoing certificate and that the statements therein contained are true and correct.

Subscribed and sworn to, this

19.... before me,

(Signed)
day of

Notary Public (or Verification Deputy).

The petition of which this certificate forms a part shall, if found insufficient, be returned to

.. at No.

.. street, Santa Cruz, California. SEC. 47. Forms to be supplied by city clerk. It shall be Forms to the duty of the city clerk to furnish, upon application there- be supplied for, a reasonable number of individual certificates of the above clerk. character.

by city

Require

ments of certificates.

Arrangement of certificates.

Verification deputies.

Date of

presenting

SEC. 48. Requirements of certificates. Each certificate must be a separate paper. All certificates must be of a uniform size, determined by the city clerk. Each certificate must contain the name of one signer only, and of but one candidate. Each signer of a certificate must be a qualified elector of the city, and must not at the time of signing said certificate have his name signed to more certificates for candidates for that office than there are places to be filled for such office. If an elector signs more certificates than there are places to be filled for such office, all such certificates shall be rejected. Each signer must verify his certificate before a notary public or verification deputy. Each certificate shall contain the name and address of a person to whom the petition is to be returned if found insufficient.

SEC. 49. Arrangement of certificates. Individual certificates constituting a nominating petition shall, before presentation to the city clerk, be arranged alphabetically for each municipal election precinct and numbered beginning with the number 1, and shall be bound into a book by fastening the same together with a staple, wire, thread, or other suitable material.

SEC. 50. Verification deputies. Verification deputies must be qualified electors of the city, appointed by the city clerk upon application in writing, signed by not less than five qualified electors of the city. The application shall state that the signers thereto desire to procure the signatures of electors for the nomination of candidates for municipal office, or for the recall of an incumbent of an elective office, at an election therein specified, and that the applicants desire the person or persons whose names and residences are given, appointed verification deputies. The order of appointment shall authorize such persons to administer the verification oath to signers of nominating or recall petitions. Such deputies shall use no seal, and have no authority to administer any other oath. Such appointments shall terminate when all of said petitions of nomination or recall have been filed by the city clerk. No verification deputy shall be paid directly or indirectly out of the city treasury.

SEC. 51. Date of presenting petition. A petition of nomipetition. nation for any one candidate shall consist of not less than twenty-five individual certificates and shall be presented to the city clerk not earlier than thirty-five, nor later than twenty-five days before the election, who shall endorse thereon the date upon which the petition was presented to and filed by him.

Examination of petition by city clerk.

SEC. 52. Examination of petition by city clerk. When a petition of nomination is presented for filing, the city clerk shall forthwith examine the same and ascertain whether it conforms to the provisions of this article. If found not to conform thereto, he shall then and there note in writing on said petition the deficiency therein and return the petition to the person who presented the same. The petition may then

be amended, and again presented for filing as in the first instance. The city clerk shall forthwith examine the amended petition as herein before provided.

drawal of

SEC. 53. Withdrawal of candidate. Any person whose Withname has been presented as a candidate for municipal office 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 the name so withdrawn shall not be 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.

SEC. 54. Filing petitions. If either the original or the Filing amended petition of nomination be found sufficiently signed petitions. and in proper form as hereinbefore provided, the city clerk shall, within not less than twenty days before the date of the election, file the same. When a petition of nomination shall have been filed by the city clerk, it shall not be altered, added to, or amended.

petitions.

SEC. 55. Preservation of petitions. The city clerk shall Preservapreserve in his office for a period of two years all petitions of tion of nomination and all certificates belonging thereto filed under the provisions of this article.

tion.

SEC. 56. Election proclamation. Immediately after all Election petitions are filed, the city clerk shall enter the names of the proclamacandidates in a list, together with the offices to be filled, and not later than twenty days before the election certify such list as being the list of candidates nominated as required by the charter of the city of Santa Cruz, and the council shall cause said certified list, together with the offices to be filled, designating whether for full or unexpired terms, to be published in a proclamation calling the said election, for ten successive days before the election, in not more than one daily newspaper of general circulation published in the city of Santa Cruz. Said election proclamation shall conform to the general law of the state applicable thereto, except as otherwise provided in this charter.

ballots.

SEC. 57. Form of ballots. The city clerk shall cause bal- Form of lots to be printed, bound, and numbered, as provided for by state law, except as otherwise required in this charter. The ballots shall contain a list of the respective offices and the names of all candidates, as published in the election proclamation, and shall be in substantially the following form: GENERAL (OR SPECIAL) MUNICIPAL ELECTION, CITY OF SANTA CRUZ.

(Insert date thereof.)

tions to voters.

Instructions to voters: To vote, stamp a cross (X) in the Instrucsquare opposite the name of the candidate or candidates for whom you desire to vote. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the

Requirements of ballot.

Names on ballot.

Arrangement of ballot.

Space for

cross

Blanks for additional

names.

Sample ballots.

Vote necessary for election.

Second

election.

ballot void. If you wrongly mark, tear, or deface a ballot, return it to the inspector of the election, and obtain another.

SEC. 58. Requirements of ballot. All ballots shall be printed on the same size, quality, and tint of paper, in like type and color of ink, so that without the number it would be impossible to distinguish one ballot from another. The names of all candidates printed upon the ballot shall be in type of the same size and style, and shall be arranged in alphabetical order for each office. Nothing on the ballot shall indicate the source of support of any candidacy. A column shall be provided on the right of the ballot for charter amendments or other questions to be voted upon.

SEC. 59. Names on ballot. The name of every candidate nominated, and who has not withdrawn his name, shall be printed upon the ballot.

SEC. 60. Arrangement of ballot. The offices to be filled. shall be arranged in separate columns in the following order: For mayor vote for one.

For commissioner vote for ....
For auditing committee vote for

ber).

(giving number).
(giving num-

For member of board of education vote for

(giving number).

SEC. 61. Space for cross. A half-inch square shall be provided at the right of the name of each candidate on the ballot, within which to stamp a cross.

Half-inch spaces

SEC. 62. Blanks for additional names. shall be left below the printed names of candidates for each office, equal to the number to be voted for for that office, wherein the voter may write the name of any person or persons for whom he may desire to vote.

SEC. 63. Sample ballots. The city clerk shall cause to be printed sample ballots, identical in form (but not in color of paper), with the ballot to be used at the election, and shall furnish copies of the same to registered voters of the city upon application therefor at least five days before the date of the election, and shall mail such sample ballot to each registered voter at least three days before such election.

SEC. 64. Vote necessary for election. When there is but one person to be elected, the candidate receiving a majority of the votes cast for the office shall be declared elected; when two or more persons are to be elected, then those candidates equal to the number to be elected, who receive the highest number of votes, shall be declared elected; provided, that no person shall be declared elected to any office at the first election, unless the number of votes received by him shall be greater than one-half the number of ballots cast for all the candidates for that office.

SEC. 65. Second election. If at any election held as above provided there be any office or offices to which the required number of persons was not elected, then as to such office or