Sec. 5.5. Filling vacancies in elective offices.
If any vacancy occurs on the Council more than 182 days prior to the next regular city election and the office would not otherwise be filled at such election, such vacancy shall be filled by appointment by the majority of the remaining members of the Council until the first meeting following the city election, and the balance of the unexpired term shall be filled by that person who receives the next highest number of votes cast for Council candidates after all regular four-year terms are filled. When any such vacancy is to be filled at a regular city election, the Council shall nominate such additional candidates as required by Section 3.13 of this Charter to make the total number of candidates equal to the number of offices to be filled at such election. Any other vacancy to elective offices shall be filled by appointment by a majority vote of the Council for the unexpired term. All vacancies to be filled by appointment under this Section shall be so filled within thirty days after such vacancy occurs.
If three or more vacancies in the Council exist simultaneously the Clerk shall forthwith call a special election to be held within sixty-five days thereafter to fill such vacancies for the unexpired terms of the individuals whose offices have become vacant.
Any vacancy which occurs as a result of the recall of an elective officer as provided in Section 3.19 shall be filled by a special election.
In connection with any special election to fill a vacancy or vacancies in any elective office, no primary election shall be held. Candidates shall be nominated by petitions in a manner identical to that provided in Section 3.10 to 3.14 of this Charter, inclusive; the names of all qualified candidates who file sufficient valid nomination petitions twenty days before such special election shall be certified to the election commission and placed on the ballot.
If at any special election to be held pursuant to Section 5.4 of this Chapter, all vacancies to be filled are in offices having the same unexpired term, the number of candidates equal to the number of such vacancies who shall have the highest number of votes shall be elected.
If at any special election to be held pursuant to Section 5.4. of this Chapter, there are vacancies to be filled in offices having different unexpired terms, the number of candidates equal to the number of vacancies in the offices having the longer unexpired terms who shall receive the highest number of votes at such election shall be elected to fill the vacancies in the offices having the longer unexpired terms and candidates equal to the number of vacancies in the offices having the shorter unexpired terms who receive the next highest number of votes in order shall be elected to fill the vacancies in the offices having the shorter unexpired terms.
(Amendment of 8-5-2003)
State Law References: Special elections to fill vacancy on governing body, MCL 168.321.