The residents of the city having the qualifications of electors
in the State of Michigan shall be electors of the city.
The election of all city officers shall be on a non-partisan
basis. The general election statutes shall apply to and control, as
near as may be, all procedures relating to registration and city elections
except as such statutes relate to political parties or partisan procedure
and except as otherwise provided in this charter.
The City of Lapeer shall consist of one ward. The election precincts
of the city shall remain as they exist on the effective date of this
charter, until altered by the Commission as hereinafter provided.
The City Commission shall by ordinance from time to time establish
convenient election precincts in accordance with this charter and
statutes.
[Amended by the electors 11-7-2007]
A regular city election shall be held on the first Tuesday after
the first Monday in November of each odd-numbered year at such place
in each of the several voting precincts as the Commission shall designate.
[Amended by the electors 4-7-1969; by the electors 4-3-1978; by the electors 11-7-2007]
The elective officers of the City shall be a Mayor, and five
Commissioners all of whom shall be nominated and elected from the
city at large.
The term of office of Mayor and Commissioners shall be for four
years each. All such terms shall commence at 12:01 a.m. at the then
prevailing local time on the Monday next following the regular City
Election at which they were elected.
[Amended by the electors 11-7-2007]
Special city elections shall be held when called by resolution
of the Commission at least 90 days in advance of such election, or
when required by this charter or statute. Any resolution calling a
special election shall set forth the purpose of such election. No
more special city elections shall be called in any one year than the
number permitted by statute.
Notice of the time and place of holding any city election and
of the officers to be elected and the questions to be voted upon shall,
except as herein otherwise provided, be given by the City Clerk in
the same manner and at the same time as provided by statute for giving
of election notices by city clerks.
The polls at all elections shall be opened and closed at the
time prescribed by statute.
[Amended by the electors 4-3-1978; by the electors 11-7-2007; by the electors 11-5-2013]
All nominations shall be by petition, signed in the aggregate
by a number of electors of not less than 30, nor more than 60. No
person shall sign his name to more than one petition for any one candidate,
or to a greater number of petitions for any one office than there
are persons to be elected to said office at the following regular
City Election. Where the signature of any individual appears on more
petitions than he is permitted to sign, such signatures shall be counted
only to the extent he is permitted to sign in the order of filing
the petitions containing such signatures.
All nominating petitions shall be filed with the City Clerk
in the manner prescribed by statute.
The City Clerk shall, prior to every election, publish notice
of the last day permitted for filing nominating petitions and of the
number of persons to be elected to each office at least 30 days and
not more than 60 days before the last day for filing such nominating
petitions.
The form of petition shall be substantially as that designated
by the Secretary of State for the nomination of non-partisan judicial
officers. A supply of official petition forms shall be provided and
maintained by the City Clerk. Such petitions shall be without any
mark or designation showing the political affiliation of the person
being so nominated.
[Amended by the electors 4-3-1978]
The City Clerk shall accept only nominating petitions which
conform with the forms provided and maintained by him, and which,
considered together, contain the required number of valid signatures
for candidates having those qualifications required for the respective
elective city offices by this Charter.
When a petition is filed by persons other than the person whose
name appears thereon as a candidate, it may be accepted only when
accompanied by the written consent of the candidate. The City Clerk
shall, forthwith after the filing of the petition, notify in writing
any candidate whose petition is then known not to meet the requirements
of this section, but the failure to so notify any candidate shall
in no way prevent a final determination that the petition does not
meet such requirements. Within three days after the deadline for the
filing of nominating petitions, the City Clerk shall make his final
determination as to the validity and sufficiency of the nominating
petitions and whether or not the candidate has the qualifications
required for his respective elective city office by this Charter and
shall write his determination thereof on the fact of the petition.
No petition shall be determined to be valid unless the affidavit of
qualifications provided for in this charter shall be filed with such
petition.
The City Clerk shall immediately notify in writing the candidate
whose name appears thereon of his determination. Such notice to any
candidate whose petition is found invalid or insufficient or who is
found not to be qualified shall be delivered by personal messenger
or registered mail. Any candidate whose petition is so found invalid
or insufficient shall be allowed to file supplementary or replacement
petitions before 4:00 p.m. at the then prevailing local time on the
5th day after the last day for filing original petitions; thereafter
no further petitions may be filed.
All nomination petitions filed shall be open to public inspection
in the office of the City Clerk.
The City Clerk shall, on the tenth day before every City election,
certify a list of the candidates so nominated for office at such election,
whose names are entitled to appear on the ballot, as being the list
of candidates nominated as required by this charter, together with
the offices to be filled at such election, designating whether such
election is for a full or unexpired term; and he shall file in his
office said certified list of names and the offices to be filled,
and he shall cause to be published in a notice calling for such election,
once during the time preceding the election, in a newspaper of general
circulation in the City of Lapeer, an election notice, which said
notice shall contain a list of names of candidates for the offices
to be filled, and the time and place of holding such election.
The City Commission shall, in January of each year, appoint
an Election Commission of three election commissioners, each for a
term of one year. No election commissioner shall be a candidate or
nominee for any elective city office during the term of his office
as an election commissioner. The election commissioners shall serve
without compensation and shall elect their own chairman. They shall
perform such duties relative to the preparation and printing of the
ballots as are required by statute. The election Commission shall
appoint the Board of Election Inspectors for each precinct and shall
have charge of all activities and duties required of it by statute
and this charter relating to the conduct of elections in the City.
The compensation of election personnel shall be determined in advance
by the City Commission. In any case where election procedure is in
doubt, the Election Commission shall prescribe the procedure to be
followed.
The form, printing and numbering of ballots or the preparation
of the voting machines used in any city election shall conform as
nearly as may be to the provisions of statute, except that no party
designation or emblem shall appear. In all city elections, the names
of qualified nominees for each office shall be listed under a separate
heading and shall be rotated systematically so that the name of each
nominee will appear alternately in the first place on the ballot.
If two or more nominees for the same office have the same or
similar surnames, the Election Commission shall print the occupation
and residence address under the respective names of each of such nominees
on the ballots (or on labels or slips to be placed on voting machines
when used), provided, that for any of such candidates who is an incumbent
of such office, the occupation shall be designated as "Incumbent".
Except as provided in this section there shall be no supplementary
identification of nominees on the ballot.
[Amended by the electors 4-7-1969]
The canvas of votes shall be made in accordance with law.
If at any city election, there shall be no choice between candidates
by reason of two or more persons having received an equal number of
votes, then the Commission shall name a date for the appearance of
such persons within one week after said election for the purpose of
determining the election of such candidates by lot as provided by
statute.
A recount of the votes cast at any city election for any office,
or upon any proposition, may be had in accordance with the general
election laws of the state.
Any elected official may be recalled from office by the electors
of the city in the manner prescribed by statute. A vacancy created
by such recall shall be filled in the manner prescribed by this charter
and by statute.