Song: ARTICLE 3. - ELECTIONS
Year: 2013
Viewed: 60 - Published at: 2 years ago

Sec. 3-101. - Department of Elections.permanent link to this piece of content

A Department of Elections shall plan, monitor and administer all elections in the City of Detroit.

Sec. 3-102. - Election Commission.permanent link to this piece of content

The Department of Elections is headed by the Election Commission composed of:

1.
The City Clerk, who is Chairperson;
2.
The President of the City Council; and
3.
The Corporation Counsel.
Sec. 3-103. - Powers and Duties of Election Commission.permanent link to this piece of content

The Election Commission has general supervision of all elections in the City and may hire assistants, inspectors, and other election personnel. Precinct election officers and temporary employees required from time to time for periods not to exceed thirty (30) business days may be appointed, exempt from Article 6, Chapter 4, of this Charter.

Except as otherwise provided by this Charter or ordinance, the Election Commission shall perform all duties required of election commissions by law. The Commission may subpoena witnesses, administer oaths, take testimony and require the production of evidence. To enforce a subpoena or order for production of evidence or to impose any penalty prescribed for the failure to obey a subpoena or order, the Commission shall apply to the appropriate court.

All meetings of the Commission shall be conducted in compliance with the Michigan Open Meetings Act, MCL 15.261, et seq., including making a record of its proceedings.
In case of any doubt concerning election procedure, the Commission shall prescribe the procedure to be followed.

Sec. 3-104. - Director and Deputy Director.permanent link to this piece of content

The City Clerk shall appoint a Director and Deputy Director of the Department of Elections, who are skilled and experienced in municipal election administration. Under the direction of the City Clerk and in accordance with general policies of the Election Commission, the Director shall supervise, plan and monitor all activities and operations incidental to the conduct of elections and voter registration. The Director or Deputy Director of Elections may be removed by the Clerk for cause.

Sec. 3-105. - City Elections and City Council Initiated Ballot Proposals.permanent link to this piece of content

A regular city general election to fill the elective offices of the City shall be held on the Tuesday after the first Monday of November of 2013 and every fourth year thereafter.

A regular city primary election to nominate candidates for city offices shall be held on the Tuesday after the first Monday of August before the general election.

If a vacancy occurs in the office of Mayor it shall be filled by succession under section 5-109. The unexpired term shall be filled at the next general election in the City held not sooner than one hundred eighty (180) days after occurrence of the vacancy.

If a vacancy occurs on City Council it shall be filled by appointment, based on a two-thirds (2/3) vote of members. The person appointed shall serve until an elected member takes office. The election to fill the vacant position shall occur at the next general election to be held not sooner than one hundred eighty (180) days after occurrence of the vacancy.

If a vacancy occurs in an elective office of the Board of Police Commissioners it shall be filled by the Mayor with a resident from the relevant district, subject to City Council approval. If City Council does not disapprove the appointment within thirty (30) days of the appointment it will be deemed confirmed. The appointed person shall serve until an elected member takes office. The election to fill the vacant position shall occur at the next general election to be held not sooner than one hundred eighty (180) days after occurrence of the vacancy.

The City Council may submit, by resolution adopted not less than seventy (70) days before any election or special election, any proposal to the voters of the city.

Sec. 3-106. - State Law to Apply.permanent link to this piece of content

Except as otherwise provided by this Charter or ordinance, state law applies to the qualifications and registration of voters, the filing for office by candidates, the filing of petitions for initiative and referendum, and the conduct and canvass of city elections.

Sec. 3-107. - Elective Officers of the City.permanent link to this piece of content
The elective officers of the city are the Mayor, the nine (9) members comprising the City Council, the City Clerk and seven (7) elected Board of Police Commissioners.

Sec. 3-108. - Geographical Basis for Electing Council Members.permanent link to this piece of content

There shall be seven (7) non at-large districts and one (1) at-large district established in the City and one (1) member shall be elected from each non at-large district and two (2) members shall be elected from the at-large district.

New district boundaries created within one hundred twenty (120) days of a City Primary Election shall become effective after the General Election.

City Council shall establish district wards that are as nearly of equal population as practicable, contiguous, compact and in accordance with any other criteria permitted by law.

District wards shall be apportioned in subsequent years as required by, and in accordance with, the Home Rule City Act, MCL 117.27a, and other applicable law.

Sec. 3-109. - Nominating Petitions.permanent link to this piece of content

A candidate for nomination to an elective City office shall file with the Office of the City Clerk a non-partisan nominating petition consisting of one (1) or more petition forms of a set minimum and maximum number of signatures of qualified voters of the City of Detroit.

Where a candidate is seeking nomination to the Office of Mayor, the candidate's petition shall be signed by not less than five hundred (500) signatures of qualified voters of the City of Detroit and not more than one thousand (1,000) signatures of qualified voters of the City of Detroit.

Where a candidate is seeking nomination to the Office of City Council at-large member, the candidate's petition shall be signed by not less than five hundred (500) signatures of qualified voters of the City of Detroit and not more than one thousand (1,000) signatures of qualified voters of the City of Detroit.

Where a candidate is seeking nomination to the Office of City Council non at-large district member, the candidate's petition shall be signed by not less than three hundred (300) signatures of qualified voters of the district and not more than six hundred and fifty (650) signatures of qualified voters of the district.

Where a candidate is seeking nomination to the Office of City Clerk, the candidate's petition shall be signed by not less than five hundred (500) signatures of qualified voters of the City of Detroit and not more than one thousand (1,000) signatures of qualified voters of the City of Detroit.

Where a candidate is seeking nomination to the Office of District-Elected Police Commissioner, the candidate's petition shall be signed by not less than three hundred (300) signatures of qualified voters of the district and not more than six hundred and fifty (650) signatures of qualified voters of the district.
(Amended, election of 11-6-12)
Sec. 3-110. - Nominees.permanent link to this piece of content

The number of nominees for each elective city office selected at each primary election may not exceed twice the number of openings in the office to be filled. The nominees are entitled to have their names printed on the general election ballot.

Sec. 3-111. - Residency Requirement for Elective Officers.permanent link to this piece of content

1.
Elected Officials Generally. All candidates for elective office and elected officials shall be bona fide residents of the City of Detroit and must maintain their principal residence in the City of Detroit for one (1) year at the time of filing for office or appointment to office, and throughout their tenure in office.
2.
City Council and Board of Police Commissioners. In addition to being a resident for one (1) year, as required above, candidates for City Council and the Board of Police Commissioners shall be bona fide residents of their districts and must maintain their principal residence in their districts for one (1) year immediately preceding election or appointment and throughout their tenure in that office.

( City of Detroit )
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