General election laws shall apply to and control all procedures
relating to qualifications and registration of electors, nomination
of candidates for elective offices in the City and to the conduct
of general and special elections, unless otherwise provided herein.
In any circumstance where the application of said laws may be uncertain,
the Election Commission shall construe the same and prescribe the
procedure.
The Election Commission shall consist of the City Clerk, the
Chief of Police and the City Attorney, or in the absence of a City
Attorney, the Director of Finance will serve. The City Clerk shall
be the Chairperson. The Election Commission shall have charge of all
activities and duties relating to the conduct of elections in the
City in accordance with the law and this Charter.
(a)
The City Council may by ordinance establish convenient election precincts.
(b)
The election of City Council shall be at-large on a nonpartisan basis
and shall be held on the first Tuesday following the first Monday
of November of odd-numbered years in accordance with the law. The
City shall not hold a primary election for elected City offices.
[Effective Jan. 1, 2014, Council elections will be held in
even-numbered years beginning in November 2016 as provided for in
Act 523 of 2012 and in accordance with City Council resolution PH#13-032
dated June 24, 2013.]
(c)
At each November odd-numbered City general election, there shall
be elected from the City three (3) City Councilmembers and one (1)
Mayor. The three (3) candidates receiving the greatest number of votes
for the position of City Councilmember shall be elected. The candidate
receiving the highest vote for the position of Mayor shall be elected.
[Effective Jan. 1, 2014, Council elections will be held in
even-numbered years beginning in November 2016 as provided for in
Act 523 of 2012 and in accordance with City Council resolution PH#13-032
dated June 24, 2013.]
(d)
Special elections shall be held when called by resolution of the
City Council to be held on the dates and in the manner provided by
law. Such resolution shall set forth the purpose of the election.
In no case shall there be more than two (2) special elections within
one (1) year.
(a)
All candidates for City elective offices shall be nominated by petition.
Any qualified and registered elector of the City may be nominated
for election.
(b)
The City Clerk shall furnish nominating petition forms, which shall
be substantially similar to that designed by the Secretary of State
for the nomination of nonpartisan officers, upon receipt of written
consent by a candidate. No other petition forms shall be used for
the nomination of persons for City offices.
(c)
Affidavits of candidacy required by MCL § 168.558 shall
be signed and submitted in accordance with the law. Petitions shall
be circulated, signed and submitted in accordance with the law unless
otherwise provided herein. Each candidate's petition must be
signed by at least seventy-five (75) but no more than one hundred
twenty-five (125) qualified and registered electors of the City. Petitions
shall be filed with the City Clerk's office not later than 4:00
o'clock in the afternoon of the twelfth Tuesday preceding the
general election date.
(d)
The City Clerk shall accept for filing only properly executed official
nominating petitions from qualified candidates and which contain at
least the minimum required number of signatures. The City Clerk shall
within three (3) business days determine the sufficiency of the signatures
on each petition filed in accordance with the law. If the City Clerk
finds any petition does not contain the required number of genuine
signatures on the petition as allowed by law, he or she shall immediately
notify the candidate of the insufficiency of his or her petitions.
Within the regular time for filing petitions, additional official
nominating petitions may be filed to meet the required number of signatures
as long as the maximum threshold number has not been met.
(e)
All nominating petitions filed shall be preserved by the City Clerk
until the first day of January following the general election for
which the same were filed. At the expiration of that period, the City
Clerk may destroy all nominating petitions unless a candidate has
asked for the return of said petitions.
If at any election it shall appear that two or more persons
have an equal number of votes and that a failure to elect to any City
office is caused thereby, the successful candidate shall be determined
by lot by the board of canvassers used to canvass the election in
accordance with the general election laws of the state, or as otherwise
provided by law. Such determination, however, shall not preclude the
right of a defeated candidate to a recount of the votes cast as provided
by law.
A member of City Council, including the Mayor, may be recalled
as provided by law. A vacancy created by a recall shall be filled
by election in the manner prescribed by law. A member of City Council,
including the Mayor, who has been removed from office by recall, or
who has resigned from office while recall proceedings are pending
against him or her, shall not be a candidate to fill the vacancy created
by the recall nor be appointed to any City elected office during the
term of office from which the officer was recalled or within two (2)
years after such recall or resignation, whichever is longer.
