CHAPTER 4. - ELECTIONS | Code of Ordinances | Ludington, MI | Municode Library
  • CHAPTER 4. - ELECTIONS[3]


    Footnotes:
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    State Law reference— 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.


  • Section 4.1. - Qualifications of electors:

    The residents of the City having the qualifications of electors in the State of Michigan, and no others, shall be electors in the City.

    State Law reference— Qualifications of electors, MCL 168.492, MSA 6.1492.

  • Section 4.2. - Election procedure:

    The election of all City officials shall be on a non-partisan basis. The general election laws of the State shall apply to and control, as near as may be, all procedures relating to registration and City elections, except as such general laws relate to political parties or partisan procedure, and except as otherwise provided in this charter.

    State Law reference— Michigan election law, MCL 168.1 et seq., MSA 6.1001 et seq.

  • Section 4.3. - Wards:

    The City of Ludington shall be divided into six (6) equally apportioned wards for the purpose of elections. Said wards shall have the boundaries the same as the currently existing wards until such time as reapportioned in accordance with state law. The Council shall have the authority by a two-thirds (⅔) vote of the total membership to increase or diminish the number of wards. In no event shall there be less than four (4) wards or more than seven (7) wards. In any resolution changing the number of wards, the Council shall provide transitional details in accordance with state law.

    State Law reference— Mandatory that Charter contain provisions for wards, MCL 117.3(e), MSA 5.2073, (e).

  • Section 4.4. - Special elections:

    A special City election shall be held when called by a resolution of the Council, such resolution being adopted at least sixty (60) days in advance of such election, or when required by this Charter, or by the general laws of the State. Any resolution calling for a special election shall set forth the purpose of such an election. Not more than two (2) special elections shall be held in any one (1) year.

  • Section 4.5. - Petitions for nomination:

    Every person desiring to become a candidate for any elective office under this Charter, shall file with the City Clerk, not later than 4:00 p.m. on the twelfth (12th) Tuesday prior to the odd year primary, except as otherwise provided by law, a petition signed by not less than twenty (20) qualified voters residing in the ward in cases where the nomination is for a ward office, and not less than forty (40) qualified voters residing in the City where the nomination is for a general City office. Petitions shall be furnished by the City Clerk.

    State Law reference— Nonpartisan nominating petitions, MCL 168.544a et seq., MSA 6.1544(1) et seq.; filing deadlines for nominating petitions, MCL 168.644f, MSA 6.1644(6).

    Note— The Charter language pertaining to the deadline for filing nominating petitions for elected office is superseded by Section 551 of the Michigan Election Law, Act 116 of the Public Acts of 1954, as amended by Act 276 of the Public Acts of 2012. Every person desiring to become a candidate for elected City office must file a nominating petition by 4 p.m. of the fifteenth Tuesday before the primary election.

  • Section 4.6. - Odd year general election:

    An election to be known as the "odd year general election" shall be held on the Tuesday following the first (1st) Monday in November in odd numbered years for the purpose of electing all elective officers of the City.

    State Law reference— Similar provisions, MCL 168.644a, MSA 6.1644(1).

    Note— The Charter language pertaining to the odd year primary and odd year general elections is superseded by Michigan Election Law, Act 116 of the Public Acts of 1954, as amended by Act 523 and 551 of the Public Acts of 2012. The City will hold its regular primary and general election for local offices in the even year elections.

  • Section 4.7. - Odd year primary election:

    A primary election to be known as the "odd year primary election" shall be held on the Tuesday following the first (1st) Monday in August of each odd numbered year. All elective officers of the City shall be nominated at such primary, except that if only two (2) or less candidates have qualified for a particular office by filing petitions as required herein, no primary shall be required for such office, and the names of such candidates shall be placed on the ballot for the odd year general election. If more than two (2) candidates shall file the necessary petitions for particular office, the two (2) candidates receiving the greatest number of votes for such office at the primary shall be placed on the ballot for the odd year election for such office.

    State Law reference— Odd year primary election, MCL 168.644c, MSA 6.1644(3).

    Note— The Charter language pertaining to the odd year primary and odd year general elections is superseded by Michigan Election Law, Act 116 of the Public Acts of 1954, as amended by Act 523 and 551 of the Public Acts of 2012. The City will hold its regular primary and general election for local offices in the even year elections.

  • Section 4.8. - Form of ballot:

    The ballots for all elections under this Charter shall contain the names only of the eligible candidates arranged under the general offices, and a notation above each office group of the number to be elected, without any party designation or mark or anything indicating what the opinion of the candidates are, or may be, and without designation of incumbent.

    State Law reference— Form of ballot, MCL 168.704 et seq., MSA 6.1704 et seq.

  • Section 4.9. - Canvass of votes:

    The Board of Canvassers shall be composed of the officials designated by statute and shall perform their duties as required by statute.

    State Law reference— Board of canvassers, MCL 168.30a et seq., MSA 6.1030(1) et seq.; canvass required, MCL 168.323, MSA 6.1323.

  • Section 4.10. - Elective officers:

    The elective officers of the City shall be the Mayor, seven (7) Council members, the City Clerk, and the City Treasurer.

    State Law reference— Mandatory that Charter provide for certain elective offices, MCL 117.3(a), MSA 5.2073, (a).

  • Section 4.11. - Oath of office and bond:

    Every officer, elected or appointed, before entering upon the duties of the office, shall be given the oath of office prescribed for public officers by Article XI, Section 1 of the Constitution of the State of Michigan and shall file the oath with the Clerk together with any bond required by statute, this Charter, or by the Council. In case of failure to comply with provisions of this section within fifteen (15) days from the date the officer is notified in writing of the election or appointment, such officer shall be deemed to have declined the office, and such office shall thereupon become vacant unless the Council shall by resolution extend the time in which such officer may qualify.

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