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City of Cleveland Charter, Chapter #03
CHARTER OF CITY OF CLEVELANDChapter 3 — Nominations and ElectionsComplete to June 30, 2007
A general election for the choice of elective officers provided for in this Charter shall be held on the first Tuesday after the first Monday in November in odd numbered years. Elections so held shall be known as regular Municipal elections. Such other elections shall be held as may be required by law, or provided for in this Charter.
(Effective November 9, 1931)
Candidates for all offices to be voted for at any Municipal election under the provisions of this Charter shall be nominated at a non-partisan primary election to be held on the fifth Tuesday prior to such Municipal election.
(Effective October 8, 1971)
The name of any elector of the City shall be printed upon the ballot, when a petition in the form hereinafter prescribed shall have been filed in his behalf with the election authorities. Such petition shall be signed by at least three thousand (3,000) electors of the City, for the nomination of a candidate for an office filled by election from the City at large, and by at least two hundred (200) electors of the ward if for the nomination for an office to be filled by election from a ward.
(Effective October 8, 1971)
The signatures to a nominating petition need not all be appended to one paper, but to each separate paper there shall be attached an affidavit of the circulator thereof stating that each signature appended thereto was made in his presence and he believes it is the genuine signature of the person whose name it purports to be. Each signer of a petition shall sign his name in ink or indelible pencil, and shall place on the petition after his name his place of residence by street and number, or other description sufficient to identify the place, and give the date when his signature was made.
(Effective November 9, 1931)
The form of nominating papers shall be
substantially as follows:
"We, the undersigned qualified electors of the
City of Cleveland (or ————— ward of the City
of Cleveland), and residing at the places set
opposite our respective names, do hereby
request that the name of —————————— be placed
upon the primary election ballot as a candidate
for nomination for the office of —————————— at
the primary election to be held in said city (or
in said ward) on the ————— day of ————— ,
19 ————— .
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Names of
Qualified Electors | Residence
Address | Date |
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————————————————————————————————————————
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| State of Ohio |
| County of Cuyahoga | } ss: |
The undersigned being first duly sworn,
deposes and says that he (or she) is the circulator
of the foregoing petition paper and that the
signatures appended thereto were made in his
(or her) presence and that he (or she) believes
they are the genuine signatures of the persons
whose names they purport to be.
————————————————————————————————————————
Subscribed and sworn to before me this ————— day of —————————— , 19 ————— .
————————————————————————————————————————
Notary Public.
(Effective October 8, 1971)
All separate papers comprising a nominating petition shall be assembled and filed with the election authorities as one instrument at least forty days prior to the day of the primary election. Within ten days after the filing of a nominating petition the election authorities shall notify the person named therein as a candidate whether the petition is found to be signed by the required number of qualified electors. If insufficient, the person named therein as candidate may, amend said petition by filing within five (5) days after notification of insufficiency by the election authorities, additional petition papers. Within five (5) days after the filing of the additional petition papers, the election authorities shall notify the person named therein as candidate whether the amended petition is found to be signed by the required number of qualified electors.
(Effective November 9, 1931)
Any eligible person placed in nomination as hereinbefore provided shall have his name printed on the ballots, if, within five days after the notification provided for in the preceding section, he shall have filed with the election authorities a written acceptance of the nomination.
(Effective November 9, 1931)
The number of candidates for any office at any regular Municipal election in the City at large or in each ward, as the case may be, shall be the two candidates on the primary election ballot receiving the highest number of votes at the primary election. In case there shall not be for any office more than two persons who shall have filed petitions as provided for in this Charter, then said persons shall be the candidates at the regular Municipal election and the primary for the particular office shall not be held.
The name of each person who is nominated in compliance herewith shall be printed on the official ballot at the general election, and the names of no other candidates shall be printed thereon.
(Effective October 8, 1971)
All ballots used in elections held under authority of this Charter shall be without part marks or designations. Ballots used for the nomination or election of candidates shall contain a complete list of the offices to be filled, and the names of candidates for each office shall be arranged under the title thereof. These ballots shall be so printed as to give each elector a clear opportunity to designate by a cross mark (X) in a blank enclosed space on the left and before the name of each candidate his choice of particular candidate for each office to be filled at the election. The electors shall use a cross mark (X) in voting.
(Effective October 8, 1971)
The names of candidates to be nominated or elected shall be printed on the ballot in rotation in the manner prescribed by general law.
(Effective October 8, 1971)
One blank space shall be left at the end of the list of candidates for each office in which the elector may insert by writing the name of any eligible person, not printed on the ballot, for whom he desires to vote for such office, and votes cast for such person shall be counted and entered on the tally sheet.
(Effective November 7, 1989)
In counting the ballots cast at every election held under the authority of this Charter, the precinct election officers shall enter the total number of votes on a tally sheet provided therefor. They shall also enter on such tally sheet the number of votes cast for each candidate for the office for which he is a candidate and make return thereof to the election authorities as provided by general law. The candidate having the largest number of votes for each office voted upon at the regular Municipal election shall be declared elected to such office. In case it cannot be determined which of two or more candidates shall be declared elected, by reason of the fact that they have received the same number of votes, the election authorities shall determine by lot which of said candidates shall be declared elected.
(Effective November 9, 1931)
All elections provided for by this Charter, whether for the choice of officers or the submission of questions to the voters, shall be conducted by the election authorities prescribed by general law; and the provisions of the general election laws of the State shall apply to all such elections except as provision is otherwise made by this Charter, and except further that the Council may, by ordinance, provide measures to promote and insure the purity and integrity of the ballot, and against corrupt practices in elections.
The Council shall have power to provide for the use of mechanical or other devices for marking and sorting the ballots and tabulating the results, and to modify the form of the ballot, the directions to voters, and the details in respect to the method of counting ballots accordingly; provided, however, that no change shall be made which will alter the principles of the voting or of the counting.
(Effective November 9, 1931)
If and when provision is made by law for balloting by members of the armed forces which, except for any provision in this Charter contained, would permit such balloting in any regular Municipal election or nonpartisan primary election provided for in this Charter, the Council by ordinance passed by the affirmative vote of not less than two-thirds of the members elected thereto, shall have authority to provide for balloting by the members of the armed forces during the effective period of such provision of law, notwithstanding any such provision in this Charter contained to the contrary; provided, however, that no change shall be made which will alter the principle of the nonpartisan primary. The Council shall have authority for the purposes and in the manner provided in this section, among others, to advance the date of the nonpartisan primary provided for in Section 3 of this Charter, and to reduce the number of days required by Section 8 for the filing of nominating petitions to the least number of days which will accomplish the purposes of said Section 8 and allow sufficient time for the preparation of ballots by the election authorities.
(Effective June 1, 1945)
The Mayor or any member of the Council may be removed from office by the electors of the City. The procedure for effecting such a removal shall be as follows:
Any elector of the City may make and file with the Clerk of the Council an affidavit stating the name of the officer whose removal is sought and the grounds alleged for such removal. The Clerk shall thereupon deliver to the elector making the affidavit copies of petition papers for demanding such a removal, printed copies of which he shall keep on file for distribution as herein provided. In issuing any such petition paper, the Clerk shall enter in a record to be kept in his office the name of the elector to whom issued, the date of issuance, and the number of papers issued, and shall certify upon each such paper the name of the elector to whom issued and the date of issuance. No petition paper shall be accepted as part of a petition unless it bears such certificate of the Clerk and unless filed as hereinafter provided.
(Effective November 8, 1994)
A petition demanding the removal of the Mayor or a member of the Council shall be known as a recall petition. A recall petition to be effective must be returned and filed with the City Clerk within thirty days after the filing of the affidavit as provided in the next preceding section, and to be sufficient, must bear the signatures of not less than twenty percent of those who voted in the City or ward respectively at the last preceding regular Municipal election. Within ten (10) days from the date of the filing of such petition, the Clerk shall determine the sufficiency thereof and attach thereto a certificate showing the result of his examination. If the Clerk shall certify that the petition is insufficient he shall set forth in the certificate the particulars in which the petition is defective, and shall return a copy of the certificate to the person designated in such petition to receive it. Such recall petition may be amended at any time within twenty (20) days after the return of a copy of the certificate of insufficiency by filing a supplementary petition upon additional petition papers, issued, signed and filed as provided herein for the original petition. The Clerk shall, within ten (10) days after such amendment is filed, make like examination of the amended petition, and if his certificate shall show the same to be still insufficient, he shall return it to the person designated in such petition to receive it, without prejudice, however, to the filing of a new petition for the same purpose.
(Effective November 9, 1931)
If a recall petition, or amended petition, shall be certified by the Clerk to be sufficient he shall at once submit it to the Council with his certificate to that effect and shall notify the person whose removal is sought by such action. If the person whose removal is sought does not resign within five days after such notice the Council shall thereupon order and fix a day for holding a recall election. Any such election shall be held not less than forty nor more than sixty days after the petition has been presented to the Council, at the same time as any other general or special election held within such period but, if no such election be held within such period, the Council shall call a special election to be held within the time aforesaid.
(Effective November 9, 1931)
The question of recalling the Mayor and any number of members of the Council may be submitted at the same election, but as to each person whose removal is sought a separate petition shall be filed and provision shall be made for an entirely separate ballot.
(Effective November 9, 1931)
Ballots used at a recall election shall conform to the following requirements: With respect to the officer whose removal is sought the question shall be submitted, "Shall (name of person) be removed from the Council (or from the office of Mayor) by recall". Immediately below such question there shall be printed on the ballots the two following propositions, one above the other, in the order here indicated:
“For the recall of (name of person).”
“Against the recall of (name of person).”
Immediately at the left of each proposition there shall be a square in which the elector by making a cross mark (X) may vote for either of such propositions.
(Effective November 9, 1931)
If a majority of the votes cast on the question of recalling a member of the Council or Mayor shall be against his recall he shall continue in office for the remainder of his unexpired term, but subject to recall as before. If a majority of such votes be for the recall of the member indicated on the ballots he shall, regardless of any defect in the recall petition, be deemed removed from office. When a person is removed from office by recall, Council shall immediately provide for the nomination and election of his successor for the unexpired term by fixing the time of the elections. The nomination and election of a person to succeed a person so removed shall be held within one hundred and twenty days after the date of the recall election and shall be conducted in the same manner as provided for regular Municipal elections.
(Effective November 9, 1931)
If the Mayor or a member of the Council in regard to whom a recall petition is submitted to the Council shall resign within five days after notice thereof, the successor for the unexpired term shall be nominated and elected as hereinbefore provided and the recall election shall not be held.
(Effective November 9, 1931)
No recall petition shall be filed against the Mayor or a member of the Council within three months after he takes office nor, in case of a person subjected to a recall election and not removed thereby, until at least six months after that election.
(Effective November 9, 1931)
The Council shall provide by ordinance for campaign financing laws applicable to all primary, regular and special elections for the office of Mayor and the office of member of Council, which shall include mandatory limitations on campaign contributions and voluntary limitations on campaign expenditures. In such legislation, the Council shall provide that any person who fails to respond in writing to an authorized inquiry concerning compliance with the voluntary limitation on campaign expenditures fixed by the Council shall no longer be eligible to be a candidate for the office of Mayor or the office of member of Council for that election.
(Effective January 1, 1995)
The Council shall provide by ordinance for comprehensive disclosure rules to facilitate the enforcement of all campaign financing laws relating to mandatory limitations on campaign contributions and voluntary limitations on campaign expenditures which are passed by the Council as required by Section 23-1.
(Effective January 1, 1995)
The Council shall establish by ordinance an independent Fair Campaign Finance Commission to oversee compliance with the campaign finance laws passed by the Council as required by Section 23-1 and the comprehensive disclosure rules passed by the Council as required by Section 23-2. The Commission shall be composed of one member appointed by the Council; one member appointed by the Mayor; and one member appointed by the Mayor with the approval of the Council. The Commission shall have such functions and duties as set forth by ordinance passed by the Council. Members of the Commission may be compensated as determined by the Council and the Council shall appropriate funds as necessary to cover the expenses of the Commission.
(Effective January 1, 1995)
The Council shall establish by ordinance penalties for violations of the campaign financing laws passed by the Council as required by Section 23-1 and the comprehensive disclosure rules passed by the Council as required by Section 23-2.
(Effective January 1, 1995)
The Council shall establish by ordinance the process by which any person may appeal to the Fair Campaign Finance Commission established pursuant to Section 23-3 from a complaint that the person violated any campaign financing law passed by the Council as required by Section 23-1 or any comprehensive disclosure rule passed by the Council as required by Section 23-2.
(Effective January 1, 1995)
On or before the first day of April in each even numbered year, the Council shall review all ordinances passed as required by Sections 23-1 through 23-5 of this Charter. Not later than six (6) months thereafter, the Council shall pass proposed amendments to such ordinances, if any.
(Effective January 1, 1995)
From and after the effective date of this section, the Council shall provide for a public hearing on any ordinance, including amendments to any existing ordinances, passed in accordance with the requirements contained in Sections 23-1 through 23-6 of this Charter before a committee of the Council or before the entire Council sitting as a committee of the whole. Following public hearing and before the third reading and final passage, any such ordinance shall be published in the City Record with a separate statement setting forth the items to be changed and stating the reasons for such changes. Council shall not pass any such ordinance until fifteen (15) days after its publication. Notwithstanding the requirements of Section 32 of this Charter, no such ordinance shall become effective unless passed by an affirmative vote of two-thirds of the members elected to the Council.
(Effective January 1, 1995)
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