PART XIV. ELECTIONS IN CITIES UNDER THE GENERAL LAW. PRELIMINARY TO INCORPORATION. Classification of cities, 255. Population required for a city, 256. Petition by electors of village, 257. How question submitted, 258. Notice of election, 259. Election, how conducted, 260. Return of result, 261. FIRST ELECTION. When held; notice; how conducted; canvass, 262. Vacancies caused by change of ward boundaries, how filled, 263. ANNUAL AND SPECIAL ELECTIONS. Officers of cities of first class, 264. Officers of other cities, 265. Annual election, 266. Officers, how chosen, 267. Terms for which elected, 268. Who not eligible, 269. Elections, how held; tie vote, 270. Election of police justice, 270a. School board, first class cities, 270b. Election of, 270c. Appointment of in first instance; vacancies, 270d. Nomination of candiates for, 270e. Not to affect appointments already made; vancancies, 2701. Special elections, 271. Canvass of votes, 272. No appointment to fill vacancy to be made prior to judicial election, in first class cities 273. Election to fill vacancy, when, 274. PRELIMINARY TO INCORPORATION. 255. Classification of cities. [Sec. 925-1, Statutes of 1898.] For the exercise of the corporate powers herein mentioned the cities of this state now existing or that may be created under the provisions of this chapter1 shall be divided into classes as follows: Cities containing a population of one hundred and fifty thousand or over shall constitute the first class; cities containing a population of forty thousand or over and under one hundred and fifty thousand, the second class; cities containing ten thousand or over and under forty thousand, the third class; cities containing less than ten thousand, the fourth class. The population, as affecting the class to which any city shall belong, shall be determined by the last national or state census, unless a census is taken under the direction of the trustees of a village seeking to be incorporated as a city under the provisions of this chapter, or under the direction of the board of a town which contains an unincorporated village which, alone or in connection with adjacent territory, seeks to become so incorporated, or of the common council of any city now incorporated seeking to adopt such provisions for its government. Any city incorporated hereunder shall pass from one class to another when it has sufficient population and its common council shall by ordinance or resolution make publication thereof and make proper provisions for such change in the city government. Cities under special charters shall be divided into like classes, determined in the same man ner. 256. Population required for a city. [Sec. 925-7, Statutes of 1898.] Any district containing a population of fifteen hundred or over and not heretofore incorporated as a city may become incorporated under this chapter in the manner hereinafter specified. 257. Petition by electors of village. [Sec. 925-8, Statutes of 1898.] One hundred or more electors and taxpayers of any village, incorporated or unincorporated, may apply by petition to the trustees of such village or to the proper town board to have the question of incorporating said village, or the same and adjacent territory, containing together a population of not less than fifteen hundred, as a city, submitted to a vote of the Ch. 40a, Statutes of 1898. electors of the territory described in such petition; provided, that in case it is proposed to include territory adjacent to such village the consent in writing of a majority of the electors residing therein, and the owners of at least one-third of the taxable property in such territory according to the last assessment roll, shall be presented with said petition. 258. How question submitted. [Sec. 925-9, Statutes of 1898.] At any regular meeting after the filing of said petition the trustees of such village or the board of such town, may, by resolution, provide that the question of incorporating as a city in accordance with such petition be submitted to a vote of the electors residing within the limits of said proposed city. Such resolution shall determine the number and boundaries of wards into which the city shall be divided, fix the time of voting on the proposition for incorporation, which shall not be earlier than six weeks from the adoption of such resolution, and where the electors residing outside the limits of said village shall vote; and shall also provide for a census unless it is proposed to have the city classified according to the last census taken under the laws of the United States or of this state. Said census, if ordered, shall be taken as provided by law for taking the census in case of the incorporation of villages. 259. Notice of election. [Sec. 925-10, Statutes of 1898.] Notice of the election on the proposition for incorporation shall be given by publication of a copy of such resolution in some newspaper published in said village, if there be one, otherwise in some newspaper designated in the resolution, once each week for four successive weeks immediately preceding the date for holding such election. 260. Election, how conducted. [Sec. 925-11, Statutes of 1898.] The election shall be conducted in the same manner as elections for village trustees, and the form of the ballot shall be "for a city charter" or "against a city charter." Form of ballot. The words on the ballots must be substantially such as the law prescribes. People v. Hansen, 36 N. E. Rep. 998, 150 Ill. 122. 261. Return of result. [Sec. 925-12, Statutes of 1898.] The result of the election as canvassed by the inspectors shall be returned to the clerk of such village, if it be incorporated, otherwise to the clerk of such town. If a majority of the votes are cast in favor of the city charter said clerk shall certify the fact to the secretary of state, together with the result of the census taken, if any, and thereupon a patent shall be issued as provided in section 925-5, which shall specify the number and boundaries of the wards of such city. FIRST ELECTION. 262. When held; notice; how conducted; canvass. [Sec. 925-16, Statutes of 1898.] Within ten days after the incorporation of any city under this chapter the village board or the town board shall fix a time for the first municipal election, designate the place or places where the same shall be held and appoint three inspectors of election for each polling place. The polls of such election shall be opened at six o'clock A. M. and closed at six o'clock P. M.; ten days' previous notice of the time and place of election and of the officers to be elected shall be given by the proper village or town clerk by publication in some newspaper in the county, if there be one, and by posting written or printed notices in three public places in said city. In all other respects such election shall be conducted as is prescribed by chapter 5,1 except that no registration of voters shall be required; but the failure to give such notice shall in no way invalidate said election. At the close of such election the inspectors shall count the ballots and make returns thereof, stating therein the number of votes for each office, and deliver such returns to the village or town clerk, who shall lay the same before the village or town board. Such board shall meet within one week after such election, canvass said returns and declare the result; the village or town clerk shall notify the persons elected to the respective offices and issue the proper certificates of election. All officers chosen at such election or appointed by the mayor-elect, except justices of the peace and aldermen, shall hold for a term ending on the third Tuesday of April next following and until their successors are elected and qualified; provided, that in case the first Tuesday of April shall be fixed as the time of the first election the term of office of the several officers chosen shall commence on the third Tuesday of April succeeding and continue as otherwise provided in this chapter. 1 Chapter 5, Statutes of 1898, is in parts 2 and 3 of this compilation. ANNUAL AND SPECIAL ELECTIONS. su 263. Vacancies caused by change of ward boundaries, how filled. [Sec. 925-14, amended by sec. 1, ch. 36, laws of 1901, by adding thereto the following:] Whenever the number of wards in any such city of the first class shall be changed in the manner aforesaid, and new ward or wards created, such ward or wards shall have the same number of aldermen, pervisors, and ward officers as other wards in such city, and shall be in all respects subject to the provisions of the charter of such city. Any alderman or ward officer holding office and who resided in any such territory at the time it shall be declared a ward, shall continue in such office for the term for which he was elected and until his successor is elected and qualified, and shall be an officer of the ward so created. The inspectors of election and ballot clerks appointed for any such district shall continue to act in their several capacities when such district is constituted a ward, until removed or their successors are appointed. In all other cases where a new ward is so created or old wards consolidated, and the creation or consolidation shall cause vacancies in the offices to which any ward, by reason of the formation, is entitled, the common council shall forthwith order in the manner provided by the charter of such city, a special election to fill all such vacancies as are by the charter of such city elective, provided that if any such ward is created within thirty days before any general or municipal election, such vacancies shall be filled thereat. All other vacancies shall be filled in the manner provided by the charter of such city. The common council shall in ordering such election, fix the term for which the officers. shall be elected. 264. Officers of cities of first class. [Sec. 925-22, Statutes of 1898.] Officers of cities of the first class shall be a mayor, two aldermen from each ward, constituting a common council, a treasurer, comptroller, attorney, clerk, engineer, tax commissioner, an assessor for each ward, a board of public. works, a school board, a board of commissioners of the public. debt, a board of health, one or more city physicians, a chief of police, a chief engineer of the fire department, one or more harbor-masters where required, a supervisor for each ward, a justice of the peace and one constable for each ward, police15-E L. |