Daniel Baxter told the Detroit Free Press Friday the city charter specifies a special election next year even though 2009 is already a scheduled election year for the mayor's office.

As it stands, there will be a primary in February and special election in May to fill the remaining months of Kilpatrick's term. Voters then vote in November on a mayor to serve from 2010 until 2013.

Kilpatrick resigned Thursday amid a scandal that began with a police whistle-blower lawsuit. His resignation, however, came too late for the November ballot.

The Free Press said the city had hoped to avoid the $3 million cost of a special election in the spring. However, Baxter said the mayoral vacancy would have had to have been added to the ballot no later than Aug. 12.