[Amended and adopted 11-5-1957; 11-7-2023]
The provisions of the Michigan Election Law, as nearly as may
be, and except as herein otherwise provided, shall apply to and control
the registration of electors and the conduct of elections in the City
of Royal Oak. In the event state law allows for the use of ranked
choice voting for the offices of Mayor and City Commission, and voting
machine equipment capable of implementing ranked choice voting is
available and obtained by the City, and such equipment is approved
by the City Election Commission, beginning in the election of 2023,
or such subsequent odd year election once these conditions are satisfied,
the Mayor and City Commissioners shall be elected in the manner prescribed
in Section 20; otherwise, the Mayor and City Commissioners shall be
elected in the manner prescribed in Section 20.
[Amended and adopted 11-6-1990; 3-29-2001; 11-8-2005; 11-8-2011]
Nomination. Prospective candidates for any elective office shall
be nominated from the City at large by petition. Nominating petition
forms shall be provided by the City Clerk. Petitions for each prospective
candidate shall be signed by not less than 500 qualified and registered
electors of the City of Royal Oak and shall be filed with the City
Clerk on or before 4:00 p.m. of the twelfth Tuesday, preceding the
election in question, or the date and time required by the Michigan
Election Law, MCL 168.644e, as amended, or any substantially similar
state law. A filing fee as set by the City Commission shall be paid
to the City Treasurer on behalf of each candidate not later than the
date and time required for prospective candidates to file their petitions.
Each elector signing any such petition shall indicate his or her address
and the date of signature. No elector shall sign petitions for more
candidates for any office than the number of persons to be elected
to such office. All such petitions shall conform to constitutional
and state law requirements as to substance, form, and means of collection..
[Amended and adopted 9-12-1950]
The City Clerk shall forthwith examine such petitions and if
satisfied that the required number of qualified and registered electors
have signed the same, he or she shall endorse thereon the word "APPROVED"
with the date of filing the same; but should he or she find that the
said petition does not contain the required number of names of qualified
and registered electors as herein provided, he or she shall immediately
return such petition to the person offering the same for filing, with
the statement of the additional number of names of qualified and registered
electors required.
[Amended and adopted 9-12-1950; 8-2-2016]
When any such petition shall be found to contain the required
number of names of qualified and registered electors, the City Clerk
shall forthwith notify the person therein placed in nomination. Such
person shall thereupon and in not less than 27 days preceding such
election file with the City Clerk his or her acceptance of such nomination
and an affidavit as to his or her qualification, which may be in the
following form:
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STATE OF MICHIGAN
COUNTY OF OAKLAND--(ss):
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I, _______________________, hereby accept the nomination for
the office _________________________ in said City, and being duly
sworn say that I reside at ________________ street, City of Royal
Oak, County of Oakland, State of Michigan; that I am a qualified and
registered voter therein and otherwise qualified for said office;
(the following applies to Mayor and Commissioners) that I will have
been a resident of the territory included in the City of Royal Oak
at least one year prior to the date of such election.
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Signed ______________________
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Subscribed and sworn to before me, this _________________________
day of _________________________, Year _______.
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____________________________________________
Notary Public in and for Oakland County
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Whenever it shall be necessary at any municipal election to
elect an officer to fill a vacancy such fact shall be stated in the
petition filed in support of the same and the Board shall distinguish
thereon candidates for unexpired term from candidates for the regular
full term.
The City Clerk shall prepare and keep on hand blank forms of
the nominating petitions above prescribed for the use of voters and
candidates in said City.
All such nominating petitions shall be open to public inspection
after being filed in the office of the City Clerk during regular office
hours.
[Amended and adopted 11-5-1957]
Upon the expiration of the time for filing the petitions of
candidates and at least eight days prior to the date of any municipal
election, the City Clerk shall cause a notice of such election to
be published in a newspaper in the City, designated by the City Commission.
Said notice shall specify the time when, and the place where, such
election is to be held and the offices for which candidates are to
be elected. Said City Clerk shall, at the same time and in like manner,
publish a notice containing the names of the persons for whom petitions
have been filed as candidates for the several offices, which notice
shall be included in the notice of the election.
[Amended and adopted 11-7-1939]
Voting machines may be used for the casting, registering, recording,
and counting of votes at any general municipal election or special
municipal election, and the construction, operation, maintenance,
custody, and use of said machines shall be in accordance with the
general laws of the State relating to voting machines, so far as applicable.
The City Clerk shall cause a sufficient number of absent voters' ballots
to be printed and filed in his or her office for use at such elections
in accordance with the general election laws of the State, so far
as applicable.
[Amended and adopted 11-5-1957]
The ballot labels for use on voting machines and absent voters'
ballots for use at such general or special municipal elections shall
be in the same general form as provided by law for general elections
insofar as applicable, but such election ballot label or ballot shall
be made or printed without any party mark, emblem, vignette, or designation
whatever, and the general laws of the state relating to ballot labels
and ballots, their printing, arrangement on machines, and numbering,
shall govern insofar as applicable. The names of candidates for the
several offices shall be transposed and alternated in accordance with
the provisions of the general election laws, insofar as applicable.
[Amended and adopted 11-7-1939]
The City Commission shall provide polling places for the several
precincts and shall provide and cause to be kept by the Clerk for
use at all elections one or more voting machines for each polling
place.
[Amended and adopted 11-5-1957]
The inhabitants of the City, having the qualifications of electors
under the Constitution and General Laws of the State, and no others,
shall be electors therein, and every elector shall vote in the election
district where he or she shall have resided during the 30 days next
preceding the day of election, unless such 30th day shall fall on
a Saturday, Sunday, or legal holiday, in which event registration
transfer shall be accepted during the next full working day. The residence
of any elector, not being a householder, shall be deemed to be in
the election district in which is located his or her regular place
of lodging.
ELECTIONS
A biennial election of officers shall be held within said City
on the first Tuesday after the first Monday of November.
Special elections may be called by resolution of the City Commission
and held at such times and places as it shall determine, the purpose
and object of such election shall be fully set forth in the notice
of such election; provided, however, that not more than two special
elections may be called in one year, provided, however, that the first
biennial election held after the adoption of this Charter shall be
held on the first Tuesday after the first Monday in November, 1923,
and biennial thereafter and all officers elected at the time of adoption
of this Charter shall hold office until their successors are elected
and qualified; provided, further, that the first election shall be
held in said City on the eighth day of November, A.D. 1921.
[Amended and adopted 11-5-1957; 8-4-1998]
The Board of City Election Commissioners shall consist of the
City Clerk, City Attorney and City Assessor. It shall be the duty
of the City Election Commission before each election to appoint for
each election precinct, at least three inspectors and as many additional
inspectors as in its opinion is required for the efficient, speedy
and proper conduct of such election and shall designate one such inspector
as Chairperson. Inspectors shall not be members of the City Commission
nor candidates for any elective office within the City. The City Election
Commission shall conform to MCL 168.25 as amended.
Any matter, which by the terms of this Charter, shall be submitted
to the electors of the City at any special election, may be submitted
at any regular election.
[Amended and adopted 11-4-1947; 8-4-1998; 11-7-2023]
The official ballot language shall be substantially as follows:
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FOR MAYOR
(Vote for One)
(Names of Candidates)
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FOR CITY COMMISSIONER
(Vote for Six) (In the 1947 Election)
(Vote for Three) (After 1947)
(Names of Candidates)
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TO FILL A VACANCY IN OFFICE OF
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______________________________
FOR UNEXPIRED TERM
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(To be used only when necessary).
(Names of Candidates)
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The official ballot for absentee voters and for use in case
of emergency when for any reason voting machines cannot be used, shall
be similar in form as above and shall also bear the following heading:
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CANDIDATES FOR CITY OFFICES FOR THE CITY OF ROYAL OAK AT THE
REGULAR MUNICIPAL ELECTION
(Place a cross, "X", or checkmark in the square opposite the
names of the persons for whom you desire to vote for the respective
offices.)
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In the event state law allows for the use of ranked choice voting
for the offices of Mayor and City Commission, and voting machine equipment
capable of implementing ranked choice voting is available and obtained
by the City, and such equipment is approved by the City Election Commission,
beginning in the election of 2023, or such subsequent odd year election
once these conditions are satisfied, the official ballot language
shall be in the manner determined by the City Clerk, in consultation
with the appropriate elections official with the state and county;
provided, however, that the format shall provide to electors the ability
to rank as many choices as are feasible.
[Amended and adopted 11-5-1957; 8-4-1998]
The City Clerk shall prepare and deliver all voting equipment
to polling places prior to the opening of the polls and, at the close
of the polls, the election inspectors shall deliver election returns
to the City Clerk, in compliance with the provisions of the Michigan
Election Law relating to the use of voting equipment at elections.
Challengers may be designated in the manner provided in the Michigan
Election Law.
[Amended and adopted 8-4-1998; 11-6-2007]
The City Board of Canvassers shall convene within seven days
after any election having municipal offices, questions, or propositions
on the ballot, for the purpose of canvassing ballots and certifying
results under the seal of the City, for entry into the minutes of
the City Commission, and which shall be kept on file with the City
Clerk. The City Commission may appoint the Oakland County Board of
Canvassers to act as the City Board of Canvassers and to assume all
rights and responsibilities provided for in the City Charter.
[Amended and adopted 8-4-1998; 11-7-2023]
The person receiving the greatest number of votes for any office
in the City shall be deemed to have been duly elected to such office;
and if there be no choice for any office, by reason of two or more
candidates having received an equal number of votes, the City Board
of Canvassers shall, at the meeting mentioned in Section 19, determine
by lot between such persons, which shall be considered elected to
such office. In the event state law allows for the use of ranked choice
voting for the offices of Mayor and City Commission, and voting machine
equipment capable of implementing ranked choice voting is available
and obtained by the City, and such equipment is approved by the City
Election Commission, beginning in the election of 2023, or such subsequent
odd year election once these conditions are satisfied, the Mayor and
City Commissioners shall be elected in the manner prescribed in Section
20A.
[Added and adopted 11-7-2023]
In the event state law allows for the use of ranked choice voting
for the offices of Mayor and City Commission, and voting machine equipment
capable of implementing ranked choice voting is available and obtained
by the City, and such equipment is approved by the City Election Commission,
beginning in the election of 2023, or such subsequent odd year election
once these conditions are satisfied, the Mayor candidate that is elected
shall be determined as set forth in Subsection (a). The City Commission
candidates that are elected shall be determined as set forth in Subsection
(b).
(a)
Single winner tabulation - In any contest for exactly one office
conducted by ranked choice voting, each validly cast ballot shall
be initially counted as one vote for the candidate at its highest
continuing ranking or as an exhausted ballot. If a candidate has more
than half of the total votes counting for candidates, that candidate
is elected and the tabulation is complete. Otherwise, tabulation proceeds
in rounds. Each round shall proceed sequentially as follows:
(1)
If two or fewer continuing candidates remain, the candidate
with the greatest number of votes is elected and the tabulation is
complete. Otherwise, the tabulation continues to Subsection (a)(2).
(2)
The candidate with the fewest votes is defeated. Votes for the
defeated candidate shall cease counting for the defeated candidate
and shall be added to the totals of each ballot's next-ranked
continuing candidate or counted as exhausted ballots, and a new round
begins with Subsection (a)(1).
(b)
Multi winner tabulation. In any contest for more than one office
conducted by ranked choice voting, each validly cast ballot shall
be initially counted as one vote for its highest-ranked continuing
candidate or as an exhausted ballot. The election threshold shall
be calculated. Tabulation shall then proceed as follows:
(1)
If the number of continuing candidates whose vote totals exceed
the election threshold is equal to the number of seats remaining to
be filled, those candidates are elected and the tabulation is complete.
If the number of continuing candidates is equal to or less than the
number of seats remaining to be filled, then all continuing candidates
are elected and the tabulation is complete. Otherwise, the tabulation
continues to Subsection (b)(2).
(2)
The number of surplus votes for any candidates whose vote totals
are greater than the election threshold shall be calculated. Any continuing
candidates who have vote totals that exceed the election threshold
are elected. The surplus fraction for each such candidate shall be
calculated. For any candidates with a surplus fraction greater than
zero, the new transfer value of each vote cast for those candidates
shall be calculated. Votes for those candidates shall be added, at
their new transfer values, to the totals of each ballot's highest-ranked
continuing candidate or counted as exhausted ballots, and a new round
begins with Subsection (b)(1). In all subsequent rounds, any candidates
elected under this subsection shall have vote totals equal to the
election threshold. If no candidate has a surplus fraction greater
than zero, the tabulation continues to Subparagraph (b)(3).
(3)
The candidate with the fewest votes is defeated. Then, if the
number of continuing candidates is equal to the number of seats remaining
to be filled, all continuing candidates are elected, votes for the
defeated candidate are not added to the totals of any other candidates
and the tabulation is complete. Otherwise, votes for the defeated
candidate shall cease counting for the defeated candidate and shall
be added, at their current tranfer values, to the totals of each ballot's
next-ranked continuing candidate or counted as exhausted ballots,
and a new round begins with Subsection (b)(1).
(c)
Definitions - For the purposes of this section, the following
terms have the following meanings:
(1)
"Continuing candidate" means any candidate that has not been
defeated or elected.
(2)
"Election threshold" means the number of votes sufficient for
a candidate to be elected in a multi-winner contest. The election
threshold is calculated by dividing the total number of votes counting
for continuing candidates in the first round by the sum of one plus
the number of offices to be filled, rounding up to four decimal places.
(3)
"Exhausted ballot" means a ballot that is not counted for any
continuing candidate for one or more of the following reasons:
(4)
"Highest continuing ranking" means the highest ranking for any
continuing candidate.
(5)
"Overvote" means a voter has ranked more than one candidate
at the same ranking.
(6)
"Ranking" means the number assigned by a voter to a candidate
to express the voter's choice for that candidate. A ranking of
"1" is the highest ranking followed by "2" and then "3" and so on.
(7)
"Round" means an instance of the sequence of voting tabulation
beginning with Subsection (a)(1) of this section for single winner
contests or (b)(1) of this section for multi winner contests.
(8)
"Skipped ranking" means a voter has left a ranking blank and
ranks a candidate at a subsequent ranking.
(9)
"Surplus" means a positive difference between a candidate's
vote total and the election threshold.
(10)
"Surplus fraction" means the number equal to a
candidate's surplus divided by that candidate's vote total
calculated, to four decimal places, ignoring any remainder.
(11)
"Transfer value" means the proportion of a vote
that a ballot will contribute to its highest continuing ranking. Each
ballot begins with a transfer value of 1. If a ballot transfers from
an elected candidate with a surplus, it receives a new transfer value.
The new transfer value of such a ballot is calculated by multiplying
the surplus fraction of the elected candidate by the ballot's
current transfer value, calculated to four decimal places, ignoring
any remainder.
If the voting system, vote tabulation system or similar or related
equipment used by the City cannot feasibly accommodate choices equal
to the total number of candidates running for each office, the Clerk
shall limit the number of choices a voter may rank to no fewer than
three candidates for mayor and six candidates for City Commissioner,
or the number of candidates nominated, whichever is greater. If it
is not feasible for voters to rank all of the candidates nominated,
then voters shall be allowed to rank the maximum number that is feasible.
In the event state law allows for the use of ranked choice voting
as provided in this section for the election of City officers, and
until such time as voting machine equipment capable of implementing
ranked choice voting is available and obtained by the City, and such
equipment is approved by the City Election Commission, the candidates
with the highest number of votes in their respective race shall be
elected or nominated.
[Amended and adopted 7-24-2017]
All elective officers of the City elected under the provisions
of this Charter at the regular biennial municipal election, shall
enter upon the duties of their office on the third Monday of November
following their election, provided, however, that all elective officers
elected at the first election to be held upon the adoption of this
Charter shall enter upon the duties of their office on the 12th day
of December 1921.
[Amended and adopted 11-5-1957; 11-8-2005; 11-7-2023]
A recount of the votes cast at any City election for any office
or upon any proposition may be had in accordance with the provisions
of the Michigan Election Law, as nearly as may be, and in accordance
with the provisions of this Charter. Any petition for a recount of
the votes cast at any City election shall be filed with the City Clerk
by 5:00 p.m. on the second full day on which the Clerk's office is
open for business after the official canvass of the vote. Such petition
shall be accompanied by a deposit as set by the City Commission, which
shall be returned to the petitioner if on a recount the candidate
shall have been found to have been lawfully elected or the proposition
to have carried, otherwise such deposit shall be paid into the general
fund of the City. Upon the receipt of such a petition for a recount,
the City Clerk, City Attorney, and City Assessor, on the same day
or as soon thereafter as may be, shall open the counter compartments
of the voting machines used in said election, and, without unlocking
the machine against voting, re-canvass the votes cast thereon. The
City Clerk, City Attorney, and City Assessor shall then report the
results of said re-canvass to the City Commission, which shall enter
the results of said re-canvass in the journal of its proceedings and
shall determine what person or persons are elected, and what proposition
or propositions have been carried.
Any person who shall agree to perform any service, in the interest
of any candidate for any office provided for in this Charter, in consideration
of any money or other valuable thing for such services performed in
the interest of any candidate, shall upon conviction, be punished
by a fine not exceeding $300, or by imprisonment in the county jail
not exceeding 30 days, or both in the discretion of the court.
It shall be unlawful for any candidate at any municipal election
or any person in his or her behalf, directly or indirectly, to employ
either with money, promises of money or other valuable considerations,
office, place of employment, or any person to do any campaign work,
electioneering, or soliciting votes for such candidate, and it shall
be unlawful for any person to agree to perform any such service in
behalf of any such candidate for any consideration, profit, or benefit
whatsoever. Any violation of this section shall be a misdemeanor,
and shall be punished as provided in the preceding section.
It shall be unlawful for any candidate for any municipal office,
or any one in his or her behalf, directly or indirectly, to employ
or hire any conveyance for the purpose of conveying voters to the
polls at any municipal election. Any violation of this section shall
be a misdemeanor, and shall be punished as provided in Section 22
of this Chapter.
At all elections, the polls shall be opened at 7:00 a.m. (Eastern
standard time) in the forenoon and shall remain open until the hour
of 8:00 p.m. (Eastern standard time) in the afternoon.
[Amended and adopted 11-5-1957]
The election precincts of the City shall be altered or rearranged
by the City Commission in accordance with the provisions of the Michigan
Election Law.
In addition to other provisions herein contained, a vacancy
shall exist in any elective office when an elected officer fails to
qualify within 10 days after receiving his or her certificate of election,
dies, resigns, is removed from office, removes from the City, or is
convicted of a felony.
[Amended and adopted 9-12-1950; 8-7-2018[1]]
Recall. Recall of any elective officer shall comply with Michigan
Public Act 116 of 1954,[2] as amended.
[Added and adopted 11-2-2021; amended and adopted 11-7-2023]
Notwithstanding any provision in this chapter, when there is
a conflict between this chapter and the Michigan Election Law, Public
Act 116 of 1954, as amended, or its equivalent, Michigan Election
Law controls, as nearly as may be, except with respect to the manner
of tabulating votes set forth in Section 20 or 20A, whichever is applicable.
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CHAPTER FIVE
Municipal Court
[Amended and adopted 8-7-1956; repealed at 11-8-2005 election
and remaining chapters renumbered] |
