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.