CHAPTER
III. ELECTIONS*
*State law references: Michigan election laws, MCL 168.1
et seq.; mandatory that Charter provide for the time, place and means of
holding elections, MCL 78.23(g).
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A.
PROCEDURE PRECEDING ELECTION
Section
1. Electors and voting precincts.
The inhabitants of the Village of Grosse Pointe Shores, having the qualifications
of electors under the constitution and statutes of the state, and no
others, shall be electors therein. There shall be one election district
in said village, which shall include the entire village within the boundaries
thereof. Provided, That said village may hereafter be divided into two
or more election districts in the manner provided by the general election
laws of the State of Michigan.
State law references: Mandatory that Charter provided for one (1) or
more election districts, MCL 78.23(g); qualifications for registration
as elector, MCL 168.492.
Section
2. Registration.
The
clerk and two of the trustees, to be appointed each year by the council,
shall be the Village Board of Registration. On the Saturday preceding
the day of holding any general election, or any regular village election,
or any special election, and on any other days the council may appoint,
the Board shall be in session from eight o'clock A.M. until eight o'clock
P.M. for the purpose of completing the registration of the electors
of the village; and in case of the absence of said clerk or of either
of the trustees so appointed, those who shall be in attendance are authorized
to appoint some competent elector of the village to fill the vacancy
occasioned by such absence. Notice of the time and place of holding
such meeting shall be given with the notice of said election. The members
of the Board of Registration shall each receive such sum as the Council
shall, from time to time, deem reasonable. In making and completing
such registration the Board shall proceed in the same manner, and conform
to the same rules, as nearly as may be, as are provided by law for registering
electors in townships.
State law references: Mandatory that Charter provide for registration
of electors, MCL 78.23(g); registration of electors generally, MCL 168.491
et seq.
Section
3. Election commissioners.
At least ten days previous to any election the council shall appoint
a Board of Election Commissioners for such election consisting of three
persons who are electors of the village, and they shall perform such
duties relative to the preparation and printing of ballots as are required
by law of the board of election commissioners of counties. The council
shall also provide and cause to be kept by the clerk, for use at all
elections, suitable ballot boxes of the kind required by law to be kept
and used in townships.
Section
4. Inspectors of election.
The President and Clerk and three of the trustees, to be appointed by
the council, or at the option of the council, any five of the trustees
to be appointed by the council shall be the inspectors of the election.
The President, when present, shall be the chairman of the board of election
inspectors, and the clerk, if present shall act as clerk of the election,
and the inspectors shall appoint one of their number to act as second
clerk. In case four of the inspectors do not attend at the opening of
the polls, or shall not remain in attendance, such vacancy shall be
filled as provided by the general election laws of the state, and in
case either the President or Clerk, or both of them, are absent, the
inspectors shall designate from their number a chairman and a clerk.
Each inspector of election shall receive as compensation such sum as
the council shall, from time to time, deem reasonable. The inspectors
of election shall have the same powers and authority for the preservation
of order, and for enforcing obedience to their lawful commands during
the time of holding the election and the canvass of votes, and shall
perform the same duties, as are conferred by law upon and required by
law of inspectors of elections held in this state.
Section
5. Ballots.
Election ballots shall be printed without any party mark, emblem, vignette
or designation whatever, on plain, white, substantial paper, and the
same shall be printed, numbered, and the names of candidates transposed
and alternated, in accordance with the provisions of the general laws
of the state regulating the same at elections in this state. Below the
names of the candidates for President and below the names of candidates
for Trustees and below the names of candidates for Clerk, there shall
be printed as many blank lines as there are offices to be filled, with
a square at the left of each line for the purpose of allowing the elector,
if he so desires, to insert the names of any other persons for whom
he may desire to vote, whose name does not appear on the ballot.
(Amended by referendum of 2-22-2000)
State law references: Arrangement of ballot, MCL 168.706.
Section
6. Ballots to be filed, etc.
Copies of all ballots shall be on file in the office of the Village
Clerk at least two days before the election. The Board of Election Commissioners
shall cause to be delivered at each polling place prior to the time
of the opening of the polls a number of ballots equal to at least one
and one-fourth times the number of registered electors in such polling
precinct and also all supplies, stationery, books, blanks, and accessories
necessary for the conduct of election.
Section
7. Notice of election.
Notice of the time and place 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 Clerk not less than seventeen
days, nor more than twenty-one days, before such election, by posting
such notice in three conspicuous public places in the village and by
publishing a copy of such notice in a newspaper in the village, if any
is printed and published therein, 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 calling such election.
State law references: Notice of election, MCL 168.653a.
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B.
NOMINATIONS
Section
1. Qualifications.
No person shall be nominated or elected to any office unless he be an
elector of the Village, and able to read and write the English language.
No person shall be appointed to any office unless he be able to read
and write the English language.
Section
2. Nominations by petitions.
Candidates for any elective office to be voted for at any municipal
election under the provisions of this charter, shall be nominated by
petition in the manner hereinafter prescribed and the names of such
candidates for any such office and no others shall be printed on the
election ballot, to be voted for at the next municipal election. The
names of all candidates for the respective offices, upon whose behalf
a petition shall have been filed in the office of the Village Clerk,
at least forty-nine days before the date of said election, signed by
not less than fifteen of the qualified electors of said village, shall
be printed on the ballot.
(Amended by referendum of 11-8-1988)
State law references: Nonpartisan nominating petitions, MCL 168.544a.
Section
3. Form of petition.
Nominating petitions shall be furnished by the Village Clerk if requested
and shall be in substantially the following form:
We,
the undersigned, being duly qualified electors of the Village of Grosse
Pointe Shores, and residing at the place set opposite our respective
names hereto, do hereby request that the name of ________________ (name
of candidate) ________________ be placed on the ballot as a candidate
for ________________ (name of office) ________________ at the election
to be held on ________________ the ________ day of _________, 19________;
TABLE
INSET
| Names
of Qualified Electors |
Number |
Street |
Date |
__________________________________
|
__________________________________
|
______________________________________
|
______________________________________
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Section
4. Petition to be filed: requirements.
All nominating petitions shall be filed with the village clerk on or
before four o'clock p.m. on the forty-ninth day prior to any general
or special election at which any officer of the village is to be elected.
No person shall be nominated to any office in the village unless the
petition in his behalf for such office has been signed by not less than
15 qualified electors of the village.
(Amended by referendum of 11-8-1988)
Section
5. Clerk to approve.
The village clerk shall forthwith examine the petition or petitions
filed for each candidate and if satisfied that the required number of
qualified electors have signed the same, he shall
endorse thereon the word "Approved," together with the date
of filing the same; but should he find that the petition or petitions
for any candidate do not contain the required number of
names of qualified electors, he shall immediately return such petition
to the person offering the same for filing, with a written statement
of the additional number of signatures of electors
required. Unless a supplementary petition is filed with the village
clerk within forty-eight hours after such notification, containing the
requisite number of additional signatures, the candidate
shall not be nominated.
Section
6. Nominee to file acceptance.
Any nominee willing to become a candidate for any elective office shall
on or before four p.m. of the forty-fifth day prior to such election,
file with the clerk a written acceptance of such
nomination in substantially the following form:
I hereby
accept the nomination for the office of _______________________________________________________________
in the Village of Grosse Pointe Shores.
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Signature |
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___________________________________________________________________________________ |
(Amended
by referendum of 11-8-1988)
Section
7. Petitions open to public inspection.
All such petitions shall be open to public inspection after being filed
in the office of the Village Clerk.
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C. ELECTIONS
Section
1. When held.
The regular village election shall be held on the third Tuesday in May
of each year and at such election in the even numbered years the qualified
voters of the village shall elect a President
and a Clerk to serve for a period of two years. Three trustees shall
be elected annually to serve for a period of two years. Said periods
of two years to run from the day following the third
Tuesday in May, and until their successors are elected and qualified
and enter upon the duties of their offices.
State law references: Mandatory that Charter provide for election of
a president, clerk and legislative body, MCL 78.23(a).
Section
2. Special elections.
Special elections may be called by the resolution of the Council and
held at such times as they shall determine the purpose and object of
which shall be fully set forth in the resolution
calling such election, provided, that not more than two special elections
shall be called within one year, unless a greater number shall hereafter
be permitted by general law.
State law references: Special election approval, MCL 168.631, 168.639.
Section
3. Manner of holding.
All elections in the village shall be conducted as nearly as may be
in the manner provided by law for holding general elections in the state,
excepting as herein otherwise provided, and
excepting that the polls shall remain open from eight o'clock A.M. until
eight o'clock P.M., at which hour they shall be finally closed, and
no ballots shall be cast thereafter, excepting that all
registered voters then in line waiting to vote shall be permitted to
do so.
(Polls are to be open from 7:00 a.m. until 8:00 p.m. pursuant to MCL
168.720.)
Section
4. [Reserved.]
(Deleted by referendum of 2-22-2000)
Section
5. Canvass of votes--Certification.
The council shall convene on the Wednesday next succeeding such election
at their usual place of meeting, and determine the result of such election
upon each question and proposition
voted upon, and what persons were duly elected at the said election
to the several offices respectively; and thereupon the Clerk shall make
certificates 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 for the County of Wayne; one of which he
shall file in the office of the County Clerk for the County of Macomb,
and one he shall file in the office of the Village
Clerk.
(The canvassing of votes is now done by the county board of canvassers
pursuant to MCL 168.24a et seq.)
Section
6. Tie vote.
If there shall be no choice for any office by reason of two 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. In no case, however, shall the election of any
person be determined by lot without first
having a recount of the votes cast at such election, if any person receiving
such tie vote shall demand such a recount.
State law references: Determination of election by lot, MCL 168.851,
168.852; recounts, MCL 168.861 et seq.
Section
7. Clerk to notify persons elected.
It shall be the duty of the Clerk, within two days after the meeting
and determination of the Council, as provided in this chapter, to notify
each person, in writing, of his election and of the
official oath to be taken and bond, if any, to be filed for such office;
and he shall also, within two days after the appointment of any person
to any office, in like manner notify such person
of the appointment, and of the official oath to be taken and bond, if
any, to be filed for such office.
State law references: Oath of public officers, Mich. Const., 1963, art.
XI, § 1.
Section
8. Clerk to notify council.
Within three days after the expiration of the time in which any official
oath or bond of office is required to be filed, the Clerk shall report
in writing to the Council the names of all persons
elected or appointed to any office, who shall have failed to file such
bond or oath.
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D. OATH
AND BOND*
[*State law references: Oath of public officers, Mich. Const., 1963, art.
XI, § 1.]
Section
1. Oath and time for taking.
Every person elected or appointed to office shall qualify by taking
the Constitutional oath of office, to be administered by the Clerk or
other person authorized to administer oaths by the
laws of the State of Michigan, and by filing such bond as may have been
prescribed by the council.
A person elected to an office may qualify at any time during the term
for which he is elected.
Section
2. Officers to give bond.
Every officer elected, or appointed, in the village, before entering
upon the duties of his office, shall file with the Village Clerk such
bond or security, as may be required by law, or by any
ordinance, or resolution of the Council, and with such sureties as shall
be approved by the Council conditioned for the due performance of the
duties of his office, except that the bond or
security given by the Clerk shall be deposited with the Treasurer.
Section
3. Amount of bonds.
The Clerk and the Treasurer and all other officers or administrative
boards having moneys, or official papers of the village in their custody,
and all persons entering into contracts with the
village for the performance of public work, and persons seeking franchises,
grants, privileges, temporary or permanent, in, upon, above, or beneath
any property within the control or
jurisdiction of the Council, shall file official bonds, in amounts and
in terms to be fixed by the Council.
Section
4. Condition of bonds.
The official bond of every officer and employee, shall be conditioned
that he will faithfully perform the duties of his office or employment,
and will, on demand, deliver over to his successor,
or other proper officer, or agent of the village, all books, papers,
moneys, effects and property belonging to the village, or appertaining
to his office, which may be in his custody as an
officer, and such bond may be further conditioned, as the Village Council
may prescribe.
Section
5. Idem.
The official bond of every officer or employee, whose duty it may be
to receive and pay out money, shall be further conditioned that he will,
on demand, pay over or account for, to the
village or any proper officer or agent thereof, all moneys received
by him, as such officer or employee.
Section
6. Additional bonds.
The Council may, at any time, require any officer, administrative board,
employee, depositary, or contractor, to execute and file with the Clerk,
or proper officer, new official bonds in the
sum, or such further sums, and with such new and other or further sureties
as the council may deem requisite. The Council may require such bonds
to be furnished within a period of not
less than ten days; and unless such bonds be furnished within the time
fixed, the office or employment or contract so held, shall thereby be
vacated or canceled, and such vacancy may be
filled in the manner provided in this charter.
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E. REMOVALS
FROM OFFICE*
[*State law references: Recall, MCL 168.951 et seq. See also Mich. Const.,
1963, art. II, § 8.]
Section
1. Council may remove; causes.
The Village council may remove from office any of its members, including
the President, and may remove any other officers or administrative boards
of the village, either elective or
appointive, for the following causes, to-wit:
(a) Conviction
by a court of competent jurisdiction of any offense under the charter,
or ordinances, or under any law of any state, or of the United States,
punishable by
imprisonment in a State or Federal Prison.
(b)
Incapacity from any cause whatsoever to perform the duties of his
office.
(c) Wilful
neglect of duty.
(d) Corrupt
and wilful malfeasance or misfeasance in office.
The said proceedings may be initiated by any member of said Council,
and shall be determined by at least five affirmative votes in favor
of removal; but no officer, or administrative board,
shall be removed hereunder unless he, or they, be first furnished
with a copy of the charges, in writing, and allowed to be heard in
his or their defense, with the aid of counsel, after five
days' notice of the date and place of hearing of said charges. If
such officer or administrative board shall neglect to appear and answer
such charges on the day fixed, such default shall
be deemed good and sufficient cause for removal. If said officer or
administrative board be found guilty in such case, the reason for
removal shall be entered upon the records of the
council, with the names and votes of the members voting on the question.
[Sections
2 and 3. Reserved.]
Section
4. Temporary appointment of successor.
If any person shall be appointed to fill a vacancy occasioned by removal
he shall hold such office subject to reinstatement of the officer removed,
if the council shall so order after a
hearing.
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F. VACANCIES
IN OFFICE
Section
1. Resignations.
Resignations of officers shall be made to the council.
Section
2. When office vacated.
If any officer shall cease to be a resident of the village during his
term of office, the office shall be thereby vacated. If any officer
shall be a defaulter, the office shall thereby be vacated.
Section
3. When council may declare office vacated.
If any person elected or appointed to office shall fail to take and
file the oath of office, or shall fail to give the bond or security
required for the due performance of the duties of his office,
within the time herein limited therefor, the council may declare the
office vacant, unless previously thereto he shall file the oath and
give the requisite bond or security.
Section
4. How vacancy filled--Special election.
Any vacancy occurring in the office of president, trustees or any other
elective office shall be filled by appointment of the council, and such
appointee shall hold his office until the next
annual election thereafter. All vacancies in any other office shall
be filled by the president, by and with the consent of the council.
In any case where by reason of removal, death,
resignation or otherwise, the membership of the council shall be reduced
to less than the quorum of four, the remaining trustees shall forthwith
call a special election for the purpose of
filling all vacancies in the office of trustee, if a petition therefor
signed by not less than ten per cent of the qualified voters of said
village is filed with the village clerk within ten days after
such vacancy or vacancies occur; if no such petition be filed within
the time stated, then the remaining members of the council may either
call such special election, or may proceed to
appoint a sufficient number of trustees to constitute, with those in
office, a quorum of the council, who shall then fill the remaining vacancies
as herein first provided.
Section
5. Surety not to be exonerated.
The resignation or removal of any officer shall not, nor shall the appointment
or election of another to the office, exonerate such officer or his
sureties from any liability incurred by him or
them.
Section
6. Property delivered to successor.
Whenever any officer shall resign or be removed from office, or the
term for which he shall have been elected or appointed shall expire,
he shall, on demand, deliver over to his successor in
office, all the books, papers, moneys, and effects in his custody as
such officer, and in any way appertaining to his office; and every person
wilfully violating this provision shall be deemed
guilty of a misdemeanor, and may be proceeded against in the same manner
as public officers generally for a like offense under the general laws
of this state, now or hereafter in force and
applicable thereto; and every officer appointed or elected shall be
deemed an officer within the meaning and provisions of such general
laws of the state.
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