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Detroit City Charter Provisions for Filling Vacancies
September 2008
Note 2008-03

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The Mayor Section 5-109 (Succession to Office) of the Detroit City Charter provides that a vacancy in the office of mayor is to be filled by the city council president, until a new mayor is elected.

Section 3-101 (City elections) of the Charter states: "If a vacancy occurs in the office of mayor or city council thirty (30) days or more before the filing deadline for a general election in the city or special citywide election, the vacancy shall be filled at that election for the remainder of the unexpired term. When a vacancy occurs in the office of mayor or city council less than thirty (30) days before the filing deadline for a general election in the city or special citywide election, the city council shall order a special primary election for the nomination of candidates and a special election to fill the vacancy for the remainder of the unexpired term. The resolution ordering the special election shall be adopted at least eighty (80) days before the special primary election and at least one-hundred and twenty (120) days before the special general election. Nominating petitions shall be filed not later than the fourth (4th) Tuesday after adoption of the resolution ordering the special elections. Vacancies occurring on of after March 1 of the year in which city elections are held shall not be filled by a special election."

The next general election (a presidential election) is scheduled for November 4, 2008. The next regular general election to fill city elective offices is scheduled for November 3, 2009, with a primary on August 4, 2009.       Continue Reading this Publication