§ 5-5. Canvassing and qualification.

1.

Unless a majority of the city commission votes to utilize the supervisor of elections for qualifying of candidates and conducting the election and the county canvassing board for canvassing the election, the city commission shall conduct the election and shall have the authority to determine the qualification of its members, subject to review by the courts.

2.

If the city commission has not authorized the county canvassing board to canvass the election, at the time that the city commission meets to canvass the results of any election, any registered elector of the city shall be entitled to file with the city commission an affidavit setting out the facts showing that a candidate has violated the provisions of this Charter as to the manner of his election, or is otherwise unqualified to hold office, and the city commission shall take proof at such meeting and declare the results.

3.

The city commission may by ordinance authorize the supervisor of elections to provide for qualifying for candidates and conduct the election and for the county canvassing board to canvass the election. If the city commission provides the supervisor of elections and the county canvassing board with such authority, then the supervisor of elections shall be responsible for the qualifying of candidates and conducting the election and the county canvassing board shall canvass the election. Once an ordinance is enacted authorizing the transfer of these responsibilities, the supervisor of elections and the county canvassing board shall retain this authority at all subsequent elections unless the city commission enacts a subsequent ordinance transferring such responsibility back to the City. Any such ordinance must be enacted and provided to the supervisor of elections and county canvassing board at least one year prior to the next general election.

(Ord. No. O2010-15, § 3, 8-23-2010, approved at referendum 12-7-2010)