CITY OF CLEVELAND MAYOR AND CITY COUNCIL
AN RESOLUTION PROVIDING FOR THE GENERAL ELECTION FOR THE CITY OF CLEVELAND, GEORGIA FOR 2015; ESTABLISH AND SET THE DATE AND TIME OF THE GENERAL ELECTION FOR THE CITY OF CLEVELAND, GEORGIA FOR 2019 FOR MAYOR; COUNCIL MEMBER WARD 1 AND COUNCIL MEMBER WARD 2; TO PROVIDE A QUALIFYING PERIOD FOR SAID POSITIONS; TO PROVIDE FOR THE QUALIFYING FEES FOR SAID POSITIONS; TO PROVIDE FOR A QUALIFYING PROCEDURE; TO APPOINT ELECTION OFFICIALS; TO PROVIDE FOR THE OPENING AND CLOSING OF REGISTRATION FOR SAID GENERAL ELECTION; TO REPEAL CONFLICTING RESOLUTIONS; TO PROVIDE FOR SEVERABILITY AND FOR ALL OTHER LAWFUL PURPOSES.
WHEREAS, the City Council of the City of Cleveland, Georgia is authorized by Article IX, Section II, Paragraph II of the Constitution of the State of Georgia of 1983, and pursuant to O.C.G.A. Section 21-3-1 et seq., to enact Resolutions for the holding of elections and special elections of public officials of the municipality;
WHEREAS, the terms for the positions of Mayor, Council Member Ward 1 and Council Member Ward 2 shall expire on December 31, 2019;
WHEREAS, the City of Cleveland, Georgia desires to conduct a general election to fill these positions, openly and fairly for all duly qualified and registered electors of the City of Cleveland, Georgia;
THE CITY COUNCIL OF THE CITY OF CLEVELAND HEREBY RESOLVES, by the authority of Article IX, Section II, Paragraph III of the Georgia Constitution of 1983, as amended; O.C.G.A. Section 36-36-21, as amended; and the City Charter, as amended, as follows:
Section 1. General Election.
The City of Cleveland, Georgia will conduct a general election on Tuesday, November 5, 2019 from 7:00 a.m. to 7:00 p.m. with the place of said election being in the First Baptist Church Fellowship Hall located at 25 Church Street, Cleveland, Georgia for the positions as indicated in Section 2 of this Resolution.
Section 2. Positions Open for Election and Terms Thereof.
The general election to be held on the date established by Section 1 of this Resolution is for the purpose of filling the following positions:
(a) The position of Mayor, which will be elected at large for four year term beginning on January 1, 2020 through December 31, 2023.
(b) The position of Council Member Ward 1 which will be elected at large for four year term beginning on January 1, 2020 through December 31, 2023.
(c) The position of Council Member Ward 2 which will be elected at large for four year term beginning on January 1, 2020 through December 31, 2023.
Section 3. Qualifying Period.
The qualifying period for the election set by Section 1 of this Resolution to qualify for the positions described in Section 2 of this Resolution shall be open on Monday, August 19, 2019 and will continue day-to-day through Friday, August 23, 2019. The hours of qualifying each day shall be during the regular business hours of the City of Cleveland, Georgia, except for Monday August 19, 2019 the qualifying time will begin at 8:30 am as set by law and Friday, August 23, 2019 the qualifying time will end at 4:30 p.m. as set by law. The place of qualifying shall be the office of the City Clerk of the City of Cleveland, Georgia, being the office of the Election Superintendent, and being located at City Hall, 85 South Main Street, Cleveland, Georgia.
Section 4. Qualifying Fee.
(a) The qualifying fee for the Mayor’s position, which is open for election as provided by Section 2 of the Resolution, shall be $138.00. Such fee shall be paid to the Election Superintendent at the time a candidate files the candidate’s notice of candidacy.
(b) The qualifying fee for the Council Member positions, which are open for election as provided by Section 2 of the Resolution, shall be $117.00. Such fee shall be paid to the Election Superintendent at the time a candidate files the candidate’s notice of candidacy.
(c) A pauper’s affidavit may be filed in lieu of paying the qualifying fee otherwise required by Section 4(a)(b) of this Resolution. A candidate filing a pauper’s affidavit instead of paying a qualifying fee shall under oath affirm the candidate’s poverty and the candidate’s resulting inability to pay the qualifying fee otherwise required. The form of the affidavit shall be as prescribed by the Georgia Secretary of State and shall include a financial statement which lists the total income, assets, liabilities and other relevant financial information of the candidate. The affidavit shall contain an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The following warning shall be printed on the affidavit form as prepared by the Georgia Secretary of State, to wit: “WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.” The Election Superintendent shall place on the ballot the name of any candidate who subscribes and swears to an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required.
Section 5. Qualifying Affidavit and Financial Disclosure Statement.
(a) Each candidate qualifying for the positions described in Section 2 of this Resolution shall accompany the candidate’s notice with an affidavit stating:
(1) The candidate’s residence, with street and number, if any, and the candidate’s post office address;
(2) The candidate’s profession, business or occupation, if any;
(3) The name of Ward or office sought for election and precinct, if applicable;
(4) That the candidate is an elector of the municipality of the candidate’s residence and is eligible to vote in the election in which the candidate is running for office;
(5) The name of the position that the candidate is seeking;
(6) That the candidate is eligible to hold such position;
(7) That the candidate has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office or a felony involving moral turpitude under the laws of this state or any other state or of the United States, of that the candidate’s civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; and
(8) That the candidate will not knowingly violate any provisions of the “Georgia Municipal Election Code” or any rules and regulations adopted under the “Georgia Municipal Election Code.”
(b) Each person qualifying as a candidate will file a financial disclosure statement prescribed by the laws of the State of Georgia in the form as prescribed therein, no later than the fifteenth (15th) day following the last day of qualifying with the Election Superintendent of the City of Cleveland, Georgia.
Section 6. Write-In Candidates.
(a) In this general election, no person elected on a write-in vote shall be eligible to hold office unless notice of the person’s intention of candidacy was given twenty (20) or more days prior to the election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the election, to the Mayor or the Election Superintendent and by publication in the official newspaper of the City of Cleveland, Georgia, said publication currently being “White County News Telegraph” and/or the “Gainesville Times.”
(b) In addition to the requirements contained in Section 6(a) of this Resolution, the person or persons giving notice of intention of candidacy for a write-in candidate shall also file with the Election Superintendent or the Municipal Election Superintendent, a copy of the notice as published with an affidavit stating that the notice has been published, with the name of the newspaper and the date of publication, not later than the fifth (5th) day after the deadline for filing and publishing of such notice.
The affidavit may be made by the person giving notice or intention of candidacy or by the publisher of the newspaper in which the notice was published or by an employee of the newspaper designated by the publisher.
Section 7. Election Appointments.
(a) The following persons are hereby appointed to act as election officials for the November 5, 2019 General Election:
Election Superintendent Garrison Baker
Municipal Election Superintendent Connie Tracas
Chief Registrar Lisa Manning
Absentee Ballot Clerks Connie Tracas
Poll Manager Beth Allen
Poll Worker To be announced
Poll Worker To be announced
(b) The office of the City Clerk of the City of Cleveland, Georgia is hereby declared to be the office of the Municipal Election Superintendent for the purpose of candidates qualifying for the offices open for election as provided by Section 3 of this Resolution, and also as the office of the Absentee Ballot Clerk.
Section 8. Last Day for Voter Registration.
The last day that an elector/voter may register to vote in the 2019 General Election shall be Monday, October 7, 2019, by 5:00 p.m. at the White County Board of Elections and Registration located at 1241 Helen Hwy., Suite 210-A, Cleveland, Georgia, unless said date is a Georgia legal holiday, and then the last day for voter/elector registration shall be the next day by 5:00 p.m.
Section 9. Repealer.
All parts of this Resolutions in conflict herewith are hereby repealed to the extent of conflict.
Section 10. Severability.
Should any section or provision of this Resolution be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of this Resolution as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.
Dated this 7th day of January 2019.