ARTICLE II – ELECTIONS

2.101 Elective Officers

The elective officers of the City are the Mayor and the seven (7) members of the City Council.

2.102 Elections

Regular City primary and general elections shall be held on Tuesday following the second Monday in September and Tuesday following the first Monday in November of odd years. City elections are non-partisan.

2.103 Voters

Electors of the City shall be registered as provided by law.

2.104 Conduct of Elections

City primary and general elections shall be conducted and votes canvassed as provided by law.

2.105 Election Commission

The City Election Commission is composed of:

1.    City Clerk

2.    City Attorney

3.    City Treasurer

The Commission has general supervision of all elections in the City and may hire assistants, inspectors, and other election personnel.

Except as otherwise provided by this charter or ordinance, the Commission shall perform all duties required of election commissions by law. It 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 failure to obey a subpoena or order, the Commission shall apply to the appropriate court.

All meetings of the Commission shall be open to the public.

In case of any doubt concerning election procedure, the Commission shall prescribe the procedure to be followed.

2.106 Electoral Districts and Re-Apportionment

The City is divided into seven (7) electoral districts. The district shall be contiguous, compact and as nearly of equal population as is practicable. In no event shall the population of any district vary by more than 1% from that of any other district, based upon the most recent official United States decennial census or other census permitted by law. Districts shall be all-apportioned by ordinance pursuant to law and this charter. The ordinance shall be adopted as soon as possible after official release of census figures and at least four (4) months prior to the City primary election to which it first applies. The effective date of representation of the new districts shall be the date for taking office of the first Council members elected therefrom.

2.107 Candidates for Nomination

Any person desiring to become a candidate for nomination to any City office shall, prior to the City primary election, file with the Clerk nominating petitions as provided by law. Nominating petitions of a candidate for nomination to the City Council shall contain the signatures of at least 50 and not more than 100 registered electors of the district involved.

Nominating petitions of candidates for nomination for Mayor shall contain the signatures of at least 250 and not more than 400 registered electors.

(Amended August 2, 2016 election)

2.108 Primary Election

Nominations for each elective office shall be made at a City primary election. However, whenever not more than two (2) persons file for nomination to an office, there shall be no primary election for the office, the City Clerk shall certify such persons as duly nominated for that office, and the name(s) of the persons who filed shall be placed on the general election ballot for the office.

2.109 Nomination and Election

The two (2) candidates for nomination to each office receiving the most votes in the City primary for the office are nominated. The nominee for each office receiving the most votes in the City general election for the office is elected. If two (2) or more candidates for a nomination or two (2) or more nominees for an office receive an equal number of votes, the Council shall determine by lot which person is nominated or elected.

2.110 Recall

An elective officer of the City may be recalled by registered electors as provided by law.

2.111 Effect of Recall

No person, who has been recalled from an office, or who has resigned from office while recall proceedings were pending, shall be appointed by the City to any office within two (2) years after such recall or resignation.

2.112 Oath of Office

Every elected officer and other officers as prescribed by ordinance shall, before entering upon the duties, take and subscribe the following oath:

I do solemnly swear (or affirm) that I will support the Constitution of the United States and of this State and the Charter of the City of Pontiac and that I will faithfully discharge the duties of office to the best of my ability,

And shall file that oath, duly certified by the officer before whom it was taken, in the office of the City Clerk.