Section 3.1 Qualifications of electors
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.
Section 3.5 Wards and precincts.
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.
Section 3.6 Regular city elections
A regular City election shall be held on the Tuesday
succeeding the first Monday in November of every odd-numbered
year.
Section 3.7. Elective officers and terms of office.
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.
Any elected
official may be recalled from office by the electors of the City in
the manner provided by statute.
A vacancy created by such recall shall be filled in the
manner prescribed by this charter and by statute.