CHAPTER 3. ELECTIONS; QUALIFICATIONS OF ELECTORS*
*State law reference(s)--Michigan election laws, MCL 168.1 et seq., MSA 6.1001 et seq.
Section 3.1. Electors of the city
The residents of the City having the qualifications of electors in the State of
Michigan shall be electors of the City.
State law reference(s)--Qualifications for registration as elector, MCL 168.492, MSA 6.1492; mandatory that Charter provide for registration of electors, MCL 117.3(c), MSA 5.2073(c); registration of electors generally, MCL 168.491 et seq., MSA 6.1491 et seq.
Section 3.2. Election procedure
The election of all elected City Officers shall be on a nonpartisan basis. The General Election statutes shall apply to and control all procedures relating to registration and City Elections except as otherwise provided in the charter.
State law reference(s)--Michigan election laws, MCL 168.1 et seq., MSA 6.1001 et seq.; nonpartisan nominating petitions, MCL 168.544a, MSA 6.1544(1).
Section 3.3. Wards and precincts
The City of South Haven shall consist of three (3) wards as they existed on the effective date of this charter unless altered as provided by law. The election precincts of the City shall remain as they existed on the effective date of this charter; however, the Council may by ordinance alter precincts and establish additional precincts as needed.
State law reference(s)--Mandatory that Charter provide for one or more wards, MCL 117.3(e), MSA 5.2073(e); election precincts, MCL 168.654 et seq., MSA 6.1654 et seq.
Section 3.4. Election date
A General City Election shall be held on the first (1st) Tuesday following the first (1st) Monday in November in every odd-numbered year.
State law reference(s)--Odd-year election provisions, MCL 168.644a et seq., MSA 6.1644(1) et seq.; Michigan election laws, MCL 168.1 et seq., MSA 6.1001 et seq.; mandatory that Charter provide for the time, manner and means of holding elections, MCL 117.3(c), MSA 5.2073(c).
Section 3.5. Elective officers and terms of office
From each ward of the City there shall be elected two (2) Councilmembers. The term of office of each elected Councilmember shall be four (4) years. From the City at large there shall be elected a Mayor. The term of office for Mayor shall be two years.
At each regular City Election, from the City at-large, there shall be elected one (1) Mayor for a two (2) year term. There shall be elected in each ward of the City a Councilmember for a four (4) year term and such additional Councilmembers as may be required to fill vacancies pursuant to the provisions of Section 5.7. All such terms shall commence at 12:00 noon on the first (1st) day of January following such election.
The members of the Council elected under provisions of this charter shall not be allowed to serve more than two (2) consecutive elected terms, however, an appointed council member who completes another councilmember's term may seek two (2) elected terms in their own right only if they serve less than two (2) years of the previous Council Member's term. In the case of the Mayor, he or she shall not be allowed to serve more than four (4) consecutive elected or appointed terms.
Anyone having served the maximum permitted time as Mayor or Councilmember, may again become eligible for either office after two (2) years following the expiration of the last previous term for which he or she was elected. No more than ten (10) consecutive years can be served on the Council as either elected or appointed terms as Councilmember and/or Mayor.
No former Councilmember or Mayor shall hold any compensated appointive City Office or employment with the City until at least one (1) year following the expiration of the last previous term for which he or she was elected or appointed to the Council or to office. The terms of this provision shall not apply to noncompensated City Boards or Commissions.
Section 3.6. Special elections
Special City Elections shall be held when called by resolution of the Council at least sixty (60) days in advance of such elections, or when required by this charter or state law. Any resolution calling a Special Election shall set forth the purpose of such election. Special City Elections shall not exceed the number permitted by state law.
State law reference(s)--Special primaries and elections, MCL 168.631 et seq., MSA 6.1631 et seq.
Section 3.7. Notice of elections
Notice of the time and place of holding any City Election and of the officers to be nominated or elected and the questions to be voted upon shall, except as herein otherwise provided, be given by the Clerk in the same manner and at the same time as provided by state election law for the giving of state election notices by City Clerk[s].
State law reference(s)--Notice of election, MCL 168.653a, MSA 6.1653(1).
Section 3.8. Voting hours
The polls of all Elections shall be opened and closed at the time prescribed by state election law for the opening and closing of polls at State Elections.
State law reference(s)--Opening and closing of polls, MCL 168.720, MSA 6.1720.
Section 3.9. Primary electionsRecall
A City Primary Election shall be held, if required, on the first (1st) Tuesday following the first (1st) Monday in August of each odd year in which a regular City Election is to be held.
State law reference(s)--Odd-year primary election, MCL 168.644b, MSA 6.1644(2).
Section 3.10. Nominations
The method of nomination of all candidates for nonpartisan political City Office at City Primary Elections shall be as provided by state election law.
Section 3.11. Form of petitions
The form of petitions for nonpartisan City office shall be as designated by the Secretary of State for the nomination of nonpartisan officers, and shall be available in the City Clerk's office.
State law reference(s)--Nonpartisan nominating petitions, MCL 168.544a, MSA 6.1544(1).
Section 3.12. Approval of petition
The Clerk shall accept only nominating petitions which conform with the forms provided and maintained by the Clerk, and which, considered together, contain the required number of valid signatures for candidates having those qualifications required for the respective offices by this charter.
Section 3.13. Public inspection of petitions
All nominating petitions filed shall be open to public inspection in the office of the Clerk.
State law reference(s)--Mandatory that Charter provide that all records of the municipality shall be public, MCL 117.3(l), MSA 5.2073(l); freedom of information act, MCL 15.231 et seq., MSA 4.1801 et seq.
Section 3.14. Election commission
An Election Commission is hereby created, consisting of the Clerk and two (2) other qualified registered electors, whom the Council shall designate. Such persons shall serve at the pleasure of the Council. The City Clerk shall be the chairperson. The Commission shall have charge of all activities and duties required of it by state laws and this charter relating to the conduct of the elections in the City. Appointed Election Commissioners shall serve without compensation.
State law reference(s)--Board of city election commissioners, MCL 168.25, MSA 6.1025.
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 to state election law.
State law reference(s)--Arrangement of ballot, MCL 168.706, MSA 6.1706.
Section 3.16. Tie vote
If, at any City primary or election, there shall be no choice between candidates by reason of two (2) or more persons having received an equal number of votes, then the election shall be decided by lot as provided by state election law.
State law reference(s)--Determination of election by lot, MCL 168.851, 168.852, MSA 6.1851, 6.1852.
Section 3.17. Recount
A recount of the votes cast at any City Election for any office or any proposition may be obtained in accordance with state election law, available in the City Clerk's Office.
State law reference(s)--Recounts, MCL 168.861 et seq., MSA 6.1861 et seq.
Section 3.18. Recall
An elected official may be recalled from office by the electors of the City in the manner provided by state law. A vacancy created by such recall shall be filled in the manner prescribed by state election law.
State law reference(s)--Permissible that Charter provide for recall of its officers, MCL 117.4i(6), MSA 5.2082(6); recall generally, MCL 168.951 et seq., MSA 6.1951 et seq. See also Mich. Const. 1963, Art. II, § 8.