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Persons eligible to vote.
14. Section 1.
The inhabitants of the City of Wyandotte
having the qualifications of electors under the constitution of the state,
and no others, shall be electors therein, and every elector
* Editor's note —Many
of the provisions in this chapter are expressly superseded by state law; a
given provision should be considered carefully in light of the state law
reference given.
State law references—Mandatory
that charter provide for the time, manner and place of holding elections,
MCL § 117.3(c), MSA § 5.2073(c); Michigan election law, MCL § 168.1 et
seq.; MSA § 6.1001 et seq.
shall vote in the election district where he shall have
resided during the twenty (20) days next preceding the day of election.
The residence of any elector, not being a householder, shall be deemed to
be in the election district in which is located his regular place of
lodging. All qualified electors of the city shall be qualified to vote at
all primary, general and special elections held under the provisions of
this charter.
State law reference—Qualifications of electors, MCL
§ 168.492, MSA § 6.1492.
Voter
registration.
15. Section 2.
The registration and re-registration of the
qualified electors of the city shall be conducted and the duties of the
various officers connected therewith shall be performed in
accordance with the provisions of the general laws of the state and this
charter.
State law reference —Voter
registration, MCL § 168.493 et seq., MSA § 6.1493 et seq.
Nominations
and primary election generally.
16. Section 3.
Candidates to be voted for at all municipal
elections shall be nominated by a primary election and no other names
shall be placed upon the general ballot, except those selected in the
manner hereinafter prescribed.
The primary election for such nomination shall be held on
the third Monday of February, 2001 and on the third Monday in February
every four (4) years thereafter. The primary election shall be held in the
same place, so far as possible, and the polls will be opened and closed at
the same hours as are required by the general election laws of the State
of Michigan. (Res. of 2-10-97, § 1(a))
Editor's note —The
above paragraph appears as amended by the electorate on April 3, 1993;
April 3, 1950; and April 7, 1997.
State law references —Primary
elections, MCL § 168.531 et seq., MSA § 6.1531 et seq.; odd year primary
elections, MCL § 168.644b et seq., MSA § 6.1644(2) et seq.
Filing
for candidacy for city office.
17. Section 4.
Any person desiring to become a candidate for
any elective city office, shall, at least ten (10) days prior to said
primary election, file with the city clerk a statement of such candidacy,
in substantially the following form:
DECLARATION OF CANDIDACY.
COUNTY OF WAYNE,
)
STATE OF MICHIGAN,
) ss.
I, _________, being duly sworn, say that I am a qualified
elector of the City of Wyandotte, County of Wayne, State of Michigan, and
reside at No. ______________ Street, in said city; that I am a freeholder
of said city and on the date of the next general city election will have
been a resident thereof for one year; that I am a candidate for nomination
to the office of ______________ to be voted upon at the primary election
to be held on the __________ Monday of March, 20__, and I hereby request
that my name be printed upon the official primary ballot for nomination at
such primary election for such office.
/s/_________________________
(Signed)
Subscribed and sworn to (or
affirmed) before me by ______________ on this _________ day of ______,
20__.
/s/_________________________
(Signed)
The city clerk shall not receive any declaration of
candidacy after 3:00 p.m., Central [Eastern] Standard Time, on the last
day for the filing of the same.
Editor's note —It
has been determined that property ownership within a jurisdiction cannot
be imposed as a prerequisite to seeking office in the jurisdiction, i.e.,
a city charter cannot require a person who wishes to seek office in the
city to own property in the city. See the following Appeals Court cases:
Kramer v. Union Free School District, June 16, 1969; Evans v. Cornman,
June 16, 1970; and Williams v. Lansing Board of Education, June 24, 1976.
State law reference—Nomination time, MCL § 168.644f, MSA §
6.1644(6).
Nominating petitions or
candidate fee.
18. Section 5.
Any person desiring to become a candidate for
any elective city office shall file with the city clerk, with his
declaration of candidacy, either a candidate fee of one hundred dollars
($100.00) or a petition containing the signatures of duly qualified
electors equal in number to not less than one (1) per cent or more than
two (2) per cent of the total number of registered voters within the city
at the date of the last general city election. Such nominating petition
shall request that the name of such person be placed on the primary ballot
as a candidate for the office named therein. Such petition shall be in
substantially the following form:
NOMINATING PETITION
The undersigned, duly qualified electors of the
city of Wyandotte, and residing at the places set opposite our respective
names hereto, do hereby request that the name of _______________ be placed
on the ballot as a candidate for nomination for _______________ at the
primary election to be held in such city on the .____________
Monday of March, 20___. We further state that we know him to be a
qualified elector of said city and a person of good moral character and
qualified in our judgment for the duties of such office.
Names of qualified electors
Street
______________________________________
______________________
______________________________________
______________________
It shall be unlawful for any person to sign more than one such nominating
petition for the same office unless there are two (2) or more candidates
to be elected to fill said office, in which case he may sign as many
petitions
as
there are candidates to be elected
to fill said office. The signature on all nominating petitions, of any
person violating the provisions of this section shall be void.
State law
references—Nominating petitions generally, MCL § 168.644f, MSA §
6.1644(6); nonpartisan nominating petitions, MCL § 168.544a, MSA §
6.1544(1).
(Res. of 11-5-96)
Examination
of nominating petitions by city clerk.
19. Section 6.
The clerk shall examine said petitions and
ascertain whether they are signed by the requisite number of qualified
electors, and execute a certificate stating the result of his examination,
and immediately upon the expiration of the time of filing the statements
and petitions for candidacies the clerk shall cause to be published in
proper form, the names of the persons for whom proper petitions have been
filed designating the office for which they are candidates in one issue of
a newspaper published in said city, and the clerk shall thereupon cause
the primary ballots to be printed.
Primary ballots.
20. Section 7.
Primary ballots shall have no party
designation, emblem or mark, shall be numbered in accordance with the
requirements of the general election laws of the state and shall be
printed upon plain, substantial white paper and shall be substantially in
the following form:
OFFICIAL PRIMARY BALLOT
CANDIDATES FOR NOMINATION AT THE
PRIMARY
ELECTION OF THE CITY OF WYANDOTTE, 20____.
(Place a cross in the square
preceding the name of the parties
you favor as candidates for the respective offices.)
FOR MAYOR
(Vote for one)
□
Name of candidate.
□
________________
FOR COUNCILMEN
(Vote for—designate the number of Councilman to be elected)
□
Name of candidate.
□
________________
FOR CITY ASSESSOR
(Vote of one)
□
Name of candidate.
□
________________
FOR JUSTICE OF THE PEACE
(Vote for one)
□
Name of candidate.
□
________________
FOR ASSOCIATE JUSTICE OF THE PEACE
(Vote for one)
□
Name of candidate.
□
________________
FOR CITY CLERK
(Vote for one)
□
Name of candidate.
□
________________
FOR CITY TREASURER
(Vote for one)
□
Name of candidate.
□
________________
FOR CONSTABLES
(Vote for two)
□
Name of candidate.
□
________________
Editor's note—Justices of the peace have been
abolished, see MCL § 600.9921, MSA § 27A.9921; the city, pursuant to MCL §
117.32, MSA § 5.2112, has abolished constables.
State law references—Mandatory that charter provide for nomination of
elective officers by partisan or nonpartisan primary or by petition, MCL §
117.3(b), MSA § 5.2073(b); arrangement of ballot, MCL § 168.706, MSA §
6.1706.
Printing
of ballots; rotation of names.
21. Section 8.
The names of candidates shall be printed on
the ballot in the following manner:
The forms shall be set up with
the names of the candidates arranged alphabetically according to surnames.
In printing each set of ballots for the several election precincts, the
relative positions of the different names printed in each division shall
be changed as many times as there are candidates in that division having
the most names. As nearly as possible an equal number of tickets shall be
printed for each change. In making the changes of position, the printers
shall take the line of type at the head of each office division and place
it as the bottom of the division and shove up the column so that the name
that before was second shall be first after the change. After the ballots
are printed and before they are trimmed they shall be kept in separate
piles, one pile for each change in position, and shall then be piled by
taking one ballot from each pile and placing it upon the pile to be
trimmed in such manner that each alternative ballot shall have the names
in a different relative position. Thereupon, the ballots shall be numbered
consecutively on the upper right hand corner upon the front of the ballot
with a perforated line across said corner and underneath said number so
that said corner with a number thereon may be torn off.
State law reference—Arrangement of ballots, MCL §
168.706, MSA § 6.1706.
Filing
fee.
22. Section 9.
No candidate shall have his name printed upon
said primary election ballot unless he shall have paid to the city clerk,
at the time of filing his statement of candidacy, a fee of five dollars
($5.00).
State law reference—Filing fees generally, MCL §
168.551, MSA § 6.1551.
Number
of ballots to be supplied to polling places.
23. Section 10.
After the printing of the ballots, the clerk
shall supply each polling place with a sufficient number of ballots, not
less than twenty-five (25) per centum more than the number of the
registered voters in the precinct.
Primaries generally.
24. Section 11.
Primary elections, except as herein otherwise
provided, shall be conducted as nearly as may be in the manner provided
for the holding of elections under this charter.
Counting of ballots.
25. Section 12.
The inspectors of election shall, immediately
upon the closing of the polls, count the ballots and ascertain the number
of votes cast in such precinct for each of the candidates, and make return
thereof to the city clerk upon proper blanks to be furnished by said
clerk, not later than 1:00 p.m. Central [Eastern] Standard Time of the
following day. On the second day following the said primary election, at
the hour of 7:00 p.m. Central [Eastern] Standard Time, at the council
chamber, the council shall canvass said returns so received from all the
polling precincts and shall ascertain and cause to be published in one of
the newspapers of said city, at least once, the result thereof. Said
canvass by the council shall be publicly made.
State law reference—Canvassing
of ballots, MCL § 168.581 et seq., MSA § 6.1581 et seq.
Determination
of persons for runoff election.
26. Section 13.
When only one person is to be elected to any
office then the two (2) candidates receiving the highest number of votes
for that office shall be the candidates and the only candidates whose
names- shall be placed on the ballots for that office at the next
succeeding election. When two (2) or more persons are to be elected to any
office, then the names of the persons receiving at the primary election
the highest number of votes for said office up to a number equal to twice
the number of such persons to be elected to said office at said election,
shall be placed upon the ballot as candidates and the only candidates for
that office. In case of a tie vote or if a recount of the votes cast at a
primary election is desired, the same proceedings shall be had as provided
for such case in this chapter relative to elections.
State law references—Determination of election by
lot, MCL § 168.851, MSA § 6.1851; recounts, MCL § 168.861, MSA § 6.1861.
Waiver
of primary.
27. Section 14.
If at the expiration of the time as herein
provided for the filing of nomination
petitions or a candidate fee, the number of candidates for
a particular office shall not exceed the number of candidates to be
nominated for such office as herein provided, then no primary election
shall be held for the nomination of candidates for that office, but the
persons who have filed such petitions and nominating statements or who
have paid said candidate fees shall be nominated. The names of such
candidates shall be printed upon the ballot to be voted at the next
regular annual city election in the same manner as though such candidates
had been nominated at a regularly held primary election as herein
provided.
State law reference—Board of canvassers, MCL §
168.30a et seq., MSA§ 6.1030(1) etseq.
(Res. of 11-5-96)
General election
generally.
28. Section 15.
A regular city election for the election of
city officers, as in this charter provided, shall be held on the first
Monday in April, 1951 and after the April 1997 general election on the
first Monday in April every four (4) years thereafter, at such place in
each election precinct of the city as the council shall by resolution
designate. At such general city election, the ballots for the election of
city officers shall be separate from any other ballot, shall be without
party insignia, emblem or designation, and shall be printed in the same
manner and be in the same general form as the ballots for the primary
elections herein provided for, so far as applicable. Below the names of
the candidates for each city office on the general election ballot there
shall be printed as many blank lines as there are offices to be filled,
for the purpose of allowing the elector, if he so desires, to write in the
names of any person for whom he may desire to vote, whose names are not
printed on the ballot. (Res. of 2-10-97, § 1(b))
Editor's note—The above paragraph appears as
amended by the electorate on April 3,1950 and April 7, 1997.
State law reference—Odd year elections, MCL § 168.644a. et seq., MSA §
6.1644(1) et seq.
Ballots.
29. Section
16. In all city elections the
electors shall vote by ballot. Such ballots shall be prepared and
furnished by the city clerk acting as election commissioner, as provided
by the general election laws of the state and the provisions of this
charter, and shall contain the names of all officers to be voted for, and
all questions or propositions submitted to be voted upon, shall be placed
upon one ballot separate from the ballot for city officers, and all
matters touching the form and contents of the ballot shall be governed by
the general election laws of the state, when not inconsistent with the
provisions of this charter.
State law
reference—Arrangement of ballot, MCL §
168.706, MSA § 6.1706.
Special
elections generally.
30. Section
17. Special elections not otherwise
provided for in this charter may be appointed by resolution of the
council, and held in and for the city, at such times and place or places
as the council shall designate; the purpose and object of which shall be
fully set forth in the resolution appointing such election, but not more
than two (2) special elections shall be held in any year, unless permitted
by the general laws of this state, as hereafter amended.
State law references —Special
primaries and elections, MCL § 168.631 et seq., MSA § 6.1631 et seq.; only
two (2) special elections permitted per year, MCL § 117.5, MSA § 5.2084.
Notice and conduct of
special elections.
31. Section 18.
Whenever a special election is to be held the
council shall cause to be delivered to the inspectors of election in the
voting precincts where the same is to be held, a notice signed by the city
clerk, specifying the officer or officers to be chosen, and the question
or proposition, if any, to be submitted to the vote of the electors, and
the day and place at which such election is to be held, and the
proceedings and manner of holding the election shall be the same as at the
regular city elections.
Notice
of time and place of election.
32. Section 19.
Notice of the time and place or places of
holding any election, and of the officers to be elected, and the questions
to be voted upon, shall except as herein otherwise provided, be
given by the city clerk, at least ten (10) days before such election, by
posting such notices in three (3) public places in each voting precinct,
in which the election is to be held, and by publishing a copy thereof in
one or more newspapers published in the city, the same length of time
before the election, and in case of a special election the notice shall
set forth the purpose and object of the election as fully as the same are
required to be set forth in the resolution appointing such election.
State law
reference—Notice of election, MCL §
168.647 et seq., MSA § 6.1647 et seq.
Opening
and closing of polls.
33. Section 20.
On the day of election held by virtue of this
charter the polls shall be open in each voting precinct at 6:00 in the
morning and shall be kept open until 7:00 in the afternoon, Central
[Eastern] Standard Time.
State law
reference—Opening and closing of polls, MCL § 168.720 et seq., MSA §
6.1720 et seq.
Application
of state law.
34. Section 21.
At all elections held under this charter, the
provisions of the general election laws of this state with respect to the
appointment of election inspectors, clerks, and gatekeepers, the filling
of vacancies among inspectors, the fixing of places for holding elections,
the providing and keeping of ballot boxes, the method of conducting
elections, canvassing the votes and announcing the results, the duties and
powers of election inspectors, the appointment, rights and privileges of
challengers, recounting of votes and all other matters pertaining to
elections shall apply, insofar as the same are applicable and not
inconsistent with the provisions of this charter.
State
law reference— The Michigan election
law, MCL § 168.1 et seq., MSA § 6.1001 et seq.
Coordination
with state elections.
35. Section 22.
When county or state elections are held on the
same day as a city election, the inspectors of elections appointed for the
city election shall also be inspectors of such county or state elections
in their respective voting districts.
State law
reference—Election inspectors, MCL § 168.672 et seq., MSA§ 6.1672 et
seq.
Determination
of winners; notice thereof.
36.
Section 23.
The council shall convene on Thursday next
succeeding each election at the hour of 7:00 p.m. Central [Eastern]
Standard Time at their usual place of meeting and determine the result of
the election upon each question and proposition voted upon, and what
persons are duly elected at the said election to the several offices
respectively; and thereupon, the city clerk shall make duplicate
certificates, under the corporate seal of the city, of such determination,
showing the result of the election upon any question or proposition voted
upon, and what persons are declared elected to the several offices
respectively; one of which certificates he shall file in the office of the
county clerk, in the county in which the city is located, and the other
shall be filed in the office of the city clerk. It shall be the duty of
the city clerk, within five (5) days after such determination, to notify
each person elected in writing of his election.
Winner
to have plurality.
37.
Section 24.
The person or persons 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 shall be no choice for any
office by reason of two (2) or more candidates having received an equal
number of votes, the council shall, at the meeting mentioned in the
preceding section, determine by lot between such persons which shall be
considered elected to such office.
State law reference—Determination
of election by lot, MCL § 168.851 et seq., MSA § 6.1851 et seq.
Recall
of elective officers.
38. Section 25.
Any holder of an elective office may be
recalled and removed therefrom by the qualified electors of the city, in
the manner provided by the constitution and general laws of this state.
Editor's note —There
is no paragraph 39.
State constitution reference—Recall,
Mich. Const. 1963, Art. II, § 8.
State law references—Recall,
MCL § 168.951 et seq., MSA § 6.1951 et seq.; Charter may provide for
recall of officials, MCL § 117.4i(6), MSA § 5.2082(6).
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