Chapter 3. Elections

The residents of the city having the qualifications of electors in the State of Michigan shall be electors of the city.

Section 3.2.  Election procedures.  

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.  

Section 3.3.  Notice of election.  

The Clerk shall give public notice of the time and place of holding each city election and of the officers to be elected and the questions to be voted upon, in the same manner as is required by statute for the giving of public notice of general elections in the state.  

Section 3.4.  Voting hours.  

The polls at all elections shall be opened and closed at the time prescribed by law for the opening and closing of polls at state elections, subject to the statutory right of the council to adjust these hours to local time.

The City of Milan shall consist of one ward. The precincts into which the City is divided on the effective date of this charter shall remain the precincts of the City until changed pursuant to this charter. The council shall from time to time establish convenient election precincts.

A regular City election shall be held on the Tuesday succeeding the first Monday in November of every odd-numbered year.

The elective officers of the City shall be a Mayor and six (6) councilmen, all of whom shall be nominated and elected from the City at large.

At each regular City election, there shall be elected a Mayor for a term of office of two (2) years, three (3) councilmen for a term of office of four (4) years and such additional councilmen as may be required to fill vacancies pursuant to the provisions of Section 5.6 of this Charter. All such terms of office shall commence at 12:00 noon on January 1 following the regular city election at which they were elected.

A vacancy in the office of Mayor shall be filled in accordance with Section 5.6 of this Charter.

Section 3.8.  Special elections  

Special city elections shall be held when called by resolution of the council at least forty days in advance of such election or when required by this charter or by statute.  Any resolution calling a special election shall set forth the purpose of such election.  No more special elections shall be called in any one year than permitted by statute.  

Section 3.9.  Election commission.  

The Election Commission is hereby created consisting of the Clerk, Attorney and the Assessor.  The members shall serve without compensation.  The Clerk shall be the chairman.  The Commission shall appoint the board of Election Inspectors for each precinct and have charge of all activities and duties required of it by state law and this charter relating to the conduct of election is in the city.  The compensation of election personnel shall be determined in advance by the Council.  In any case, where the election procedure is in doubt, the Election Commission shall prescribe the procedure to follow.  

Section 3.10.  Primary elections.  

Nonpartisan primary elections shall be held on the Tuesday following the first Monday in August of each odd-numbered year.  

If, upon the expiration of the time for filing nomination petitions for any elective City office, valid petitions have been filed for no more than twice the number of candidates for the respective offices to be elected at the following regular City elections, then no primary shall be held with respect to such offices.  If no primary is to be held for one  (1) or more offices, the Clerk shall publish notice of the fact and reason therefore as part of, or at the time provided for, the publication of notices for such primary election.  

Candidates equal in number to twice the number of persons to be elected to each City office at the next subsequent regular City election who receive the highest number of votes at any such primary election shall be declared the nominees for election to the respective offices for which they are candidates.  The nomination petitions for any office for which no primary election was held shall be certified by the Clerk to the Election Commission as nominees for the next subsequent regular City election.  

Section 3.11.  Nominations  

The method of nomination of all candidates for the City elections shall be by petition.  Such petitions for each candidate shall be signed by not less than twenty (20) or more than thirty-five (35) registered electors of the City.  No person shall sign his name to a greater number of petitions for any (1) 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 so permitted to sign, such signatures shall be counted only to the extent that he is permitted to sign in the order of the respective dates and hour of filing the petitions containing such signatures.  

Nomination petitions shall be filed with the Clerk up to 4:00 p.m. eastern standard time, of the seventh Tuesday preceding such regular City primary election.  

The clerk shall, prior to every City election, publish notice of the last day permitted for filing nomination petitions and of the number of persons to be nominated or elected to each office at least one (1) week, and not more than three (3) weeks, before such day.  

Section 3.12.  Form of petition. 

The form of petition shall be substantially as that designated by the Secretary of State for the nomination of  nonpartisan judicial officers. A supply of official petition forms shall be provided and maintained by the Clerk.  

Section 3.13. Approval of petitions  

The Clerk shall accept only nomination petitions which conform with the form provided and maintained by him and which, considered together, contain the required number of valid signatures for candidates having those qualifications required for the filing of a petition.  When a petition is filed by persons other than the person whose name appears thereon as candidates, it may be accepted only when accompanied by the written consent of the candidate.  The Clerk shall, forthwith after the filing of a petition, notify in writing any candidate whose petition is then known not to met [sic] the requirements of this section, but this failure to so notify any candidate shall in no way prevent a final determination that the petition does not meet such requirements.  

The names of the candidates for the respective elective City offices who file valid and sufficient nomination petitions shall be certified by the Clerk to the election Commission to be placed upon the ballot for the next subsequent City election or the next City election for the filling of vacancies in office, as the case may be.  

The names of the candidates and the titles of the respective offices they seek shall further be certified to the county Clerk within five (5) days after the last day for filing petitions, and certification of nominees shall be made to the County Clerk within five (5) days after the date of the primary election.  

Section 3.14.  Public inspection of petitions.  

All nomination petitions shall be open to public inspection in the office of the Clerk.  

Section 3.15. Form of ballot

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 candidates or nominees for each office shall be listed under a separate heading and shall be rotated systematically in the manner prescribed by statute for rotation of names.  

If two or more candidates 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 such candidates on the ballots (or on labels or slips to be placed on voting machines when used) provided;; that for any of such candidate 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 candidates on the ballot.  

Section 3.16.  Canvass of votes.  

A four member Board of Canvassers is hereby established in accordance with election statutes, members of said Board to be qualified and registered electors of the City and shall have filed with the City a formal application for appointment to said Board.  Selection of the members shall be made by the City Council in the manner provided by statute.  

Section 3.17.  Tie vote.  

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 City Council shall name a date for the appearance of such persons for the purpose of determining the election of such candidates by lot as provided by statute.  

Section 3.18.  Recount.  

A recount of the votes cast at any City election for any office or upon proposition may be had in accordance with election statutes.  Unless otherwise required by statute, (1) a recount petition shall be filed with the Clerk by four o’clock in the afternoon on the second full day after the Board of Canvassers has made its official report (2) any counter-petition shall be filed by four o’clock in the afternoon on the next full day thereafter, and (3) no officer shall be qualified to take office until the final determination of any recount of the votes cast for such office.  

Section 3.19.  Recall.