§ 6.02. Candidates Without Political Party Affiliation.

(a) Qualifying Petition; Filing; Filing Fee in Lieu of Petition Prohibited; Qualifications.

(1) For the purpose of this article, "qualifying petition" means a nominating petition required of and filed by a person to qualify to appear on an election ballot as a candidate for office without political party affiliation.

(2) A person may file a qualifying petition for a partisan office. A filing fee shall not be tendered instead of a qualifying petition.

(3) A person filing a qualifying petition shall meet the qualifications prescribed by law to hold the office.

(b) Qualifying Petition; Form, Size and Contents; Circulation.

(1) The form, size and contents of a qualifying petition shall be prescribed by the City Clerk and in substantially the same form as provided in M.C.L.A. 168.590h.

(2) A qualifying petition for a Citywide office may be circulated on a Citywide basis.

(3) A qualifying petition for the office of a Council member will be circulated in the ward for which such candidate's name will be placed on the ballot.

(c) Qualifying Petition; Signatures; Time.

(1) Subject to the requirements prescribed in subsections 6.02 (b)(2) and (3) a qualifying petition for an office shall be signed by a number of qualified and registered electors of the district that is represented by the office being sought by the candidate equal to not less than 2% of the total number of votes cast for all candidates for that office at the last election in which that office was elected. In any case, at least 25 signatures shall be submitted.

(2) All signatures on a qualifying petition shall be obtained not more than 180 days immediately before the date of filing under subsection 6.02 (d)

(3) As part of the minimum number of required signatures under this section, a qualifying petition for a Citywide office will not have more than 50% of the required number of signatures from any one ward.

(d) Qualifying Petition; Filing; Time; Filing Notice of Withdrawal.

(1) A qualifying petition for an office will be filed with the City Clerk.

(2) A qualifying petition for an office elected at the general November election shall be filed not later than 4:00 p.m. on the first Monday of August of odd numbered years. A qualifying petition for an official elected at an election other than the general November election shall be filed not later than the deadline established by statute for filing a partisan petition or certificate of nomination for the office or at least 90 days before that election, whichever is later. [NOTE: The Charter language pertaining to filing nominating petitions for the regular city election is superseded by Michigan Election Law MCL 168.644e as amended under PA 44 of 2010 and PA 276 of 2012. The candidate nomination petition filing deadline is 4:00 p.m., 15th Tuesday prior to odd-year November election.]

(3) A candidate who files a qualifying petition shall not be permitted to withdraw his or her candidacy unless a written notice of withdrawal is filed with the City Clerk. The notice shall be filed not later than 4:00 p.m. of the third day after the last day for filing a qualifying petition.

(e) Providing Blank Qualifying Petition Forms. Upon request, the City Clerk shall provide blank qualifying petition forms to a person who wishes to appear as a candidate on a ballot in the Clerk's jurisdiction as a candidate without political party affiliation. The City Clerk is the only officer required to supply qualifying petition forms for circulation.

(f) Applicability of Certain Provisions; Canvass; Hearing; Certification.

(1) The City Clerk shall canvass a qualifying petition filed with the City Clerk and shall make an official declaration of the sufficiency or insufficiency of the qualifying petition at least 60 days before the election.

(2) A filing officer who receives a qualifying petition from a candidate who has met the requirements of this Charter shall certify to the proper board or boards of election commissioners the candidate's name, post office address, and office sought not later than 60 days before the election.

(g) Person Filing Qualifying Petition; Restrictions; Selecting Single Office to Which Candidacy Restricted; Failure to Make Selection.

(1) A person who files a qualifying petition shall not file a filing fee, and shall not be nominated as a candidate by a political party convention, caucus or committee for an office to be elected at the election for which the person has filed a qualifying petition.

(2) A person who files a qualifying petition for more than one office which offices are incompatible and the terms of which offices run concurrently or overlap shall select the one office to which his or her candidacy is restricted not later than 4:00 p.m. of the third day after the last day for filing a qualifying petition. Failure to make this selection disqualifies the person as a candidate for the offices for which qualifying petitions were filed and the petitions shall not be canvassed.

(Am. Res. Unno. Passed 11-7-17.)