REGISTRATION
[1]
Editor's Note: See also Ch. 58, Elections.
[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:
STATE OF MICHIGAN
COUNTY OF OAKLAND--(ss):
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.
Signed ______________________
Subscribed and sworn to before me, this _________________________ day of _________________________, Year _______.
____________________________________________
Notary Public in and for Oakland County
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:
FOR MAYOR
(Vote for One)
(Names of Candidates)
FOR CITY COMMISSIONER
(Vote for Six) (In the 1947 Election)
(Vote for Three) (After 1947)
(Names of Candidates)
TO FILL A VACANCY IN OFFICE OF
______________________________
FOR UNEXPIRED TERM
(To be used only when necessary).
(Names of Candidates)
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:
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.)
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:
(a) 
It does not rank any continuing candidates;
(b) 
Its highest continuing ranking contains an overvote; or
(c) 
It includes two or more consecutive skipped rankings prior to its highest continuing ranking.
(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.
[1]
Editor's Note: This resolution also repealed former Section 30, amended and adopted 9-15-1950, and former Sections 31 through 39, all of which set forth procedures for recall of elective officers.
[2]
Editor's Note: See MCLA § 168.1 et seq.
[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.
CHAPTER FIVE
Municipal Court
[Amended and adopted 8-7-1956; repealed at 11-8-2005 election and remaining chapters renumbered]