Title
Resolution to Order Election, Approve Charter Amendment of the Ann Arbor City Charter Sections for Eliminating the Partisan Primary Process and Establishing Non-Partisan Nomination and Election for the Offices of Mayor and Council at City General Elections, Increasing the Term of Office for each Member of Council, Including the Mayor, from Two to Four Years and Determine the Ballot Language for these Amendment (7 Votes Required)
Memorandum
MCL 117.21 of the Home Rule City Act provides that amendment to an existing city charter may be proposed by the legislative body of a city on a 3/5 vote of the members-elect.
Each ballot question presented to the voter must, under Michigan election law, is limited to a single subject, and if the subject of a proposal includes more than one related proposition, each proposition shall be separately stated as a ballot proposal to afford an opportunity for a separate vote of the city voters for or against each proposition. To comply with this requirement, the ballot question relating to non-partisan nomination and election of Mayor and Council members and the ballot question relating to the increase in the term of office for the Mayor and Council members are tie-barred. No change will be implemented election process or the terms of office unless both ballot questions are approved by the voters.
The proposed amendments would collectively:
eliminates the primary election for local offices,
provides for nomination of candidates for the those offices by nominating petitions
updates the filing date for those petitions to comply with current election law
removes the provision requiring City Council Members canvas votes for all City primary elections [this provision has been superseded by MCL168.24a which abolished City boards of canvassers]
eliminates any reference to party affiliation on the election ballot.
Increases the term of office for Mayor and members of City Council from two to four years.
It also retains staggered terms for members of City Council; however, it does so, on the basis of City Council’s adoption by operation of law of the elimination of annual elections, consolidating odd-year and even-year elections, so that elections for City Council are moved to even-years. The Public Hearing and Resolution to Change to Even Year Elections is proposed for consideration by City Council at its August 6, 2015 regular meeting. Passage of that Resolution is a pre-requisite to placement of this ballot questions before the voters at the November 3, 2015 general election.
If both the Resolution to Change to Even Year Elections is adopted by City Council and the ballot questions to adopt non-partisan nomination and election of Mayor and Council and increase the terms of office for the Mayor and City Council members is approved by the voters, no local primary would be held in August 2016 and non-partisan candidates for Mayor and five Council seats would appear on the November 2016 ballot. The remaining five Council seats would be up for election in 2018. However, if the ballot questions fail to be adopted, the provisions of the Resolution to Change to Even Year Elections states it becomes null and void and City would continue to hold elections in odd-years.
Staff
Prepared by: Mary Joan Fales, Senior Assistant City Attorney
Sponsor: CM Westphal
Body
Whereas, Section 21(1) of the Home Rule City Act (HRCA), MCL 117.21(1), authorizes a city council to adopt a resolution proposing to amend the city charter by three-fifths vote of its members-elect and the resolution proposing to amend the city charter must set forth the exact wording of the proposed amendment to be submitted to the city voters for approval at a regular or special election:
Whereas, The resolution must set forth the ballot language for the proposed charter amendment with each proposal being limited to a single subject, and if the subject of a proposal includes more than one related proposition, each proposition shall be separately stated as a ballot proposal to afford an opportunity for a separate vote of the city voters for or against each proposition;
Whereas, Section 21(2) of the HRCA, MCL 117.21(2), requires that the ballot language for the submission to the city voters of each proposed amendment, including any separate statement of purpose, shall be limited to 100 words, exclusive of caption, shall be a fair and impartial statement of the purpose of the amendment, and shall not create prejudice for or against the proposed amendment:
Whereas, Section 12.4 of the City Charter currently reads:
Terms of Office
Section 12.4
(a) The term of office of each member of the Council, including the Mayor, except as by this section provided, shall be two years. Such term shall commence on the Monday next following the regular City election at which such officers are elected. The term of the members of the Council elected on April 6, 1992 shall terminate on the Monday next following the regular City election held November 2, 1993. The term of the Mayor and members of the Council elected on April 5, 1993 shall commence on the Monday next following their election and shall terminate on the Monday following the regular City election held on November 8, 1994.
(b) Each appointive officer, except members of City boards and commissions, shall serve at the pleasure of the appointing officer or authority.
(c) All other officers of the City shall serve for the terms specifically stated in this charter or in the law or ordinance creating the office.
(d) With the consent of the Council, an officer may continue provisionally, in office, after the expiration of the term of office, until a successor has been elected or appointed and has qualified for and assumed the duties of the office.
Whereas, Section 13.1 of the City Charter currently reads:
Officers to be Elected
Section 13.1
(a) At the City primary election held in August, 1993, and at the regular City election held in November, 1993, and at each City primary election and regular City election thereafter, one member of the Council shall be nominated and elected from each ward.
(b) At the City primary election held in August, 1994, and at the regular City election held in November, 1994, and at the City primary election and regular City election held in each even numbered year thereafter, a Mayor shall be nominated and elected from the City at large.
Whereas, Section 13.2 of the City Charter currently reads:
Regular City Elections
Section 13.2. A regular City election shall be held on April 5, 1993, on November 2, 1993 and in succeeding years on the first Tuesday following the first Monday in November of each year.
Whereas, Section 13.4 of the City Charter currently reads:
Primary Elections
Section 13.4
(a) A City primary election shall be held on February 15, 1993, on August 3, 1993, and in succeeding years on the first Tuesday following the first Monday in August of each year. If, upon expiration of the time for filing nomination petitions for any elective office, it appears that petitions have been filed for no more than one candidate for the office from each political party nominating candidates therefor, no primary election shall be held with respect to the office. The candidates receiving the highest number of votes of their respective parties at any city primary election shall be declared the nominees for election to the respective offices for which they are candidates. As to any office with respect to which no primary is necessary, persons named in petitions as candidates for election to the office shall be certified by the Clerk to the Election Commission to be placed upon the ballot for th3e next subsequent regular election under the party heading set forth in the nomination petitions for the candidates.
(b) No person who is a sticker candidate for nomination, or whose name is written in on the ballots of any primary election, shall be declared nominated unless that person receives at least fifty votes.
Whereas, Section 13.6 of the City Charter currently reads:
Qualifications of Electors
Section 13.6. Each person who is a resident of the City and an elector of the State, or who will be such at the time of the next ensuing City primary or election, may register as an elector of the City in the election precinct in which he resides.
Whereas, Section 13.8 of the City Charter currently reads:
Nomination Petitions
Section 13.8
(a) A person desiring to qualify as a candidate for an elective City office shall file with the Clerk a nomination petition consisting of one or more official petition forms. Each petition filed by or on behalf of a person seeking nomination to the offices of Mayor shall be signed by not less than 250 nor more than 350 registered electors including at least 50 signatures of resident of each ward. Each petition filed by or on behalf of a person seeking nomination to the office of Council Member shall be signed by not less than 100 nor more than 200 registered electors of the ward from which the person seeks to be elected.
(b) Official petition forms, substantially similar to those required by law for state and county officers, shall be prepared and furnished by the Clerk. Before the Clerk furnishes petition forms to any person, the Clerk shall enter thereon, in ink or by typewriter, the name of the person in whose behalf the petition is to be circulated and the name of the office for which the person is a candidate. No petition form which has been altered with respect to such entries shall be received by the Clerk for filing. Nomination petitions for the purpose of filling a vacancy shall so state. Petitions shall be filed with the Clerk not later than 5:00 p.m., on the seventh Monday prior to the date of the regular City primary election. The Clerk shall publish notice of the last day, time, and place for filing nomination petitions at least one week but not more than three weeks before that date.
(c) Upon the filing thereof, nomination petitions shall be public records and open to public inspection, but only in the presence and upon the authority of the Clerk or an authorized employee of the Clerk’s Office.
Whereas, Section 13.11 of the City Charter currently reads:
Form of Ballots
Section 13.11. The names of all persons nominated for election to each office shall be placed upon the ballot. The form of the ballot used in any City primary or election and the printing and numbering thereof shall conform, as nearly as may be, with the requirements of the general election laws of the State.
Whereas, Section 13.12 of the City Charter currently reads:
Canvass of Votes
Section 13.12. The members of the Council, who are not candidates for elective office, shall be the Board of Canvassers to canvass the votes cast at all City primaries and elections. The Board of Canvassers shall meet on the first Thursday after each City primary and election, shall publicly canvass the returns of such primary or election, shall determine the vote upon all questions and propositions, and shall declare whether the same have been adopted or rejected and what persons have been nominated or elected. In the event that a majority of the Board does not convene to canvass the returns of any primary or election, such members as do convene, together with the Clerk, the Attorney, and the Chief of Police, or any two of them, shall constitute the Board of Canvassers for such purpose.
Whereas, Section 13.13 of the City Charter currently reads:
Recount
Section 13.13
(a) A recount of the votes cast at any primary or election for any office, or upon any proposition, may be had in accordance with the general election laws of the State.
(b) Each petition for a recount of votes cast at a City primary or election shall be filed with the Clerk within six days after the canvass thereof and any counter petition shall be filed within twenty-four hours thereafter.
Whereas, Section 13.14 of the City Charter currently reads:
Tie Vote
Section 13.14. If, at any primary or election, there shall be no choice between candidates by reason of two or more persons having received an equal number of votes, the Council shall name a date for the appearance of such persons for the purpose of determining the nomination or election by lot, as provided by law. Should any candidate fail to appear, in person or by representative, at the time and place named by the Council, such determination shall be made by lot in that person’s absence, at the direction and under the supervision of the Council. Such determination shall be final.
Whereas, Fewer restrictions on holding office are more consistent with open and democratic government;
and
Whereas, Lengthening the terms of Mayor and City Council in conjunction with the consolidation of City local elections for these offices to even-year elections provides potential budgetary efficiencies and the potential likelihood of voter turnout for local elections;
RESOLVED, That the following amended charter provision be placed on the ballot and submitted to the voters at the next general city election:
Terms of Office
Section 12.4
(a) The term of office of each member of the Council, including the Mayor, except as by this section provided, shall be two four years. Such term shall commence on the Monday next following the regular City election at which such officers are elected. The term of the members of the Council elected on April 6, 1992 shall terminate on the Monday next following the regular City election held November 2, 1993. The term of the Mayor and members of the Council elected on April 5, 1993 November 8, 2016 shall commence on the Monday next following their election and shall terminate on the Monday following the regular City election held on November 3, 20208, 1994. The term of the Mayor and members of the Council elected on November 6, 2018 shall commence on the Monday next following their election and shall terminate on the Monday following the regular City election held on November 8, 2022.
(b) Each appointive officer, except members of City boards and commissions, shall serve at the pleasure of the appointing officer or authority.
(c) All other officers of the City shall serve for the terms specifically stated in this charter or in the law or ordinance creating the office.
(d) With the consent of the Council, an officer may continue provisionally, in office, after the expiration of the term of office, until a successor has been elected or appointed and has qualified for and assumed the duties of the office.
RESOLVED, That the following amended charter provision be placed on the ballot and submitted to the voters at the next general city election:
Officers to be Elected
Section 13.1
(a) At the City primary election held in August, 1993, and at the regular City election held in November, 19932016, and at each City primary election and regular City election in every even-numbered year thereafter, one member of the Council shall be nominated and elected from each ward.
(b) At the City primary election held in August, 1994, and at the regular City election held in November, 19942018, and at the City primary election and regular City election held in each every second even numbered year thereafter, a Mayor shall be nominated and elected from the City at large.
RESOLVED, That the following amended charter provision be placed on the ballot and submitted to the voters at the next general city election:
Regular City Elections
Section 13.2. A regular City election shall be held on April 5, 1993, on November 2, 1993 and in succeeding years on the first Tuesday following the first Monday in November of each even-numbered year.
RESOLVED, That deletion of the following amended charter provision be placed on the ballot and submitted to the voters at the next general city election:
Primary Elections
Section 13.4
(a) A City primary election shall be held on February 15, 1993, on August 3, 1993, and in succeeding years on the first Tuesday following the first Monday in August of each year. If, upon expiration of the time for filing nomination petitions for any elective office, it appears that petitions have been filed for no more than one candidate for the office from each political party nominating candidates therefor, no primary election shall be held with respect to the office. The candidates receiving the highest number of votes of their respective parties at any city primary election shall be declared the nominees for election to the respective offices for which they are candidates. As to any office with respect to which no primary is necessary, persons named in petitions as candidates for election to the office shall be certified by the Clerk to the Election Commission to be placed upon the ballot for th3e next subsequent regular election under the party heading set forth in the nomination petitions for the candidates.
(b) No person who is a sticker candidate for nomination, or whose name is written in on the ballots of any primary election, shall be declared nominated unless that person receives at least fifty votes.
RESOLVED, That the following amended charter provision be placed on the ballot and submitted to the voters at the next general city election:
Qualifications of Electors
Section 13.6. Each person who is a resident of the City and an elector of the State, or who will be such at the time of the next ensuing City primary or election, may register as an elector of the City in the election precinct in which he resides.
RESOLVED, That the following amended charter provision be placed on the ballot and submitted to the voters at the next general city election:
Nomination Petitions
Section 13.8
(a) A person desiring to qualify as a candidate for an elective City office shall file with the Clerk a nomination petition consisting of one or more official petition forms. Each petition filed by or on behalf of a person seeking nomination to the offices of Mayor shall be signed by not less than 250 nor more than 350 registered electors including at least 50 signatures of resident of each ward. Each petition filed by or on behalf of a person seeking nomination to the office of Council Member shall be signed by not less than 100 nor more than 200 registered electors of the ward from which the person seeks to be elected.
(b) Official petition forms, substantially similar to those required by law for state and county officers, shall be prepared and furnished by the Clerk. Before the Clerk furnishes petition forms to any person, the Clerk shall enter thereon, in ink or by typewriter, the name of the person in whose behalf the petition is to be circulated and the name of the office for which the person is a candidate. No petition form which has been altered with respect to such entries shall be received by the Clerk for filing. Nomination petitions for the purpose of filling a vacancy shall so state. Petitions shall be filed with the Clerk not later than 4:00 p.m., on the seventh Monday fifteenth Tuesday prior to the date of the regular City primary election. The Clerk shall publish notice of the last day, time, and place for filing nomination petitions at least one week but not more than three weeks before that date.
(c) Upon the filing thereof, nomination petitions shall be public records and open to public inspection, but only in the presence and upon the authority of the Clerk or an authorized employee of the Clerk’s Office.
RESOLVED, That the following amended charter provision be placed on the ballot and submitted to the voters at the next general city election:
Form of Ballots
Section 13.11. The names of all persons nominated for election to each office shall be placed upon the ballot. The form of the ballot used in any City primary or election and the printing and numbering thereof shall conform, as nearly as may be, with the requirements of the general election laws of the State. No party vignette or emblem or other designation shall appear on the ballot.
RESOLVED, That deletion of the following amended charter provision be placed on the ballot and submitted to the voters at the next general city election:
Canvass of Votes
Section 13.12. The members of the Council, who are not candidates for elective office, shall be the Board of Canvassers to canvass the votes cast at all City primaries and elections. The Board of Canvassers shall meet on the first Thursday after each City primary and election, shall publicly canvass the returns of such primary or election, shall determine the vote upon all questions and propositions, and shall declare whether the same have been adopted or rejected and what persons have been nominated or elected. In the event that a majority of the Board does not convene to canvass the returns of any primary or election, such members as do convene, together with the Clerk, the Attorney, and the Chief of Police, or any two of them, shall constitute the Board of Canvassers for such purpose.
RESOLVED, That the following amended charter provision be placed on the ballot and submitted to the voters at the next general city election:
Recount
Section 13.13
(a) A recount of the votes cast at any primary or election for any office, or upon any proposition, may be had in accordance with the general election laws of the State.
(b) Each petition for a recount of votes cast at a City primary or election shall be filed with the Clerk within six days after the canvass thereof and any counter petition shall be filed within twenty-four hours thereafter.
RESOLVED, That the following amended charter provision to be placed on the ballot and submitted to the voters at the next general city election:
Tie Vote
Section 13.14. If, at any primary or election, there shall be no choice between candidates by reason of two or more persons having received an equal number of votes, the Council shall name a date for the appearance of such persons for the purpose of determining the nomination or election by lot, as provided by law. Should any candidate fail to appear, in person or by representative, at the time and place named by the Council, such determination shall be made by lot in that person’s absence, at the direction and under the supervision of the Council. Such determination shall be final.
RESOLVED, That the proposed Charter amendment shall appear on the ballot in the following form, which includes the statement of purpose:
CHARTER AMENDMENT PROPOSAL NO. 1
AMENDMENT ELIMINATING THE PARTISAN PRIMARY PROCESS AND ESTABLISHING NON-PARTISAN NOMINATION AND ELECTION FOR THE OFFICES OF MAYOR AND COUNCIL AT CITY GENERAL ELECTION
It is proposed City Charter Sections 13.1, 13.6, 13.8, 13.11, 13.13 and 13.14 be amended and Sections 13.4 and 13.12 be deleted to eliminate the requirement of primary elections for the offices of Mayor and City Council Member, provide for nomination of candidates for those offices by filing of nominating petitions and election of those candidates at the City general election and removal of reference to a candidate’s party designation on the ballot. Adoption of this amendment is conditioned on adoption of City Proposal 2 at this election.
Shall this proposed amendment to the Ann Arbor City Charter be adopted?
Yes No
RESOLVED, That the proposed Charter amendment shall appear on the ballot in the following form, which includes the statement of purpose:
CHARTER AMENDMENT PROPOSAL NO. 2
AMENDMENT TO INCREASE THE TERMS OF MAYOR AND COUNCIL FROM TWO TO FOUR YEARS
It is proposed City Charter Sections 12.4, 13.1 AND 13.2 be amended to provide a four-year term for Mayor and four-year staggered terms for Council members. Currently the Mayor has a two-year term and Council members have two-year staggered terms. City Council’s intention, as expressed in its Resolution of August 6, 2015, is for the City to switch in 2016 to even-year elections (rather than annual elections) provided this proposed amendment and City Proposal 1 are adopted by the voters at this election.
Shall this proposed amendment to the Ann Arbor City Charter be adopted?
Yes No
RESOLVED, That November 3, 2015, be designated as the day for holding an election on the proposed Charter amendments and the City Clerk is directed to give notice of the election and in a manner prescribed by law and to do all things necessary to submit the Charter amendments to a vote of the electors on the designated day as required by law;
RESOLVED, That the City Clerk shall transmit a certified copy of this Resolution to the Governor of the State of Michigan for approval of the proposed amendments and transmit a certified copy of this Resolution to the Attorney General of the State of Michigan for approval of the proposed ballot language for the proposed amendments;
RESOLVED, That the City Clerk be directed to publish the proposed charter amendments in full together with the existing charter provisions amended or deleted as required by law and in accordance with resolution of Council, post the proposed charter amendments in full together with the existing charter provisions to the City’s website; and
RESOLVED, That the amendments, if adopted, shall take immediate effect.