S.B. 202: FLOOR ANALYSIS - SCHOOL ELECTIONS

SCHOOL ELECTIONS - S.B. 202: FLOOR ANALYSIS

Senate Bill 202 (as reported without amendment)

CONTENT

The bill would amend the Revised School Code to repeal, on January 1, 2002, parts of the Code that provide for the administration and operation of elections by school districts; specify that a school district's annual election or a special election would be administered and conducted as provided in the Michigan Election Law (meaning that school elections would be conducted by local units of government according to the powers and duties prescribed in the Election Law, and not by school districts); specify that annual school elections would have to be held in November; and provide that school bond questions submitted to the voters for approval would have to include an estimate of the cost of repaying the bonds. The bill would take effect January 1, 2002.

The bill provides that a school district, local act school district, or intermediate school district (ISD) annual or special election would have to be administered and conducted as provided in the Michigan Election Law. A district could use general operating funds to reimburse local units of government involved in administering and conducting an election. The bill provides that the board of a general powers school district would have to hold its annual school election on the first Tuesday after the first Monday of November each year.

The bill would repeal parts of the Code that govern school elections, including provisions regarding notification of elections; voter challenges; ballot applications; the casting of ballots; duties of the individual board of school canvassers; recounts; special elections; determination of voter qualification; use of local unit registration records; payment of expenses; voter registration deadlines; school board-appointed election inspectors; nominating petitions; candidate withdrawal; notification of election results; acceptance of office; and board vacancies.

The bill provides that a school district or ISD could not issue bonds under the Code unless the language on the ballot, used in submitting the question of issuing the bonds, included the estimated annual cost to the school district or ISD of repaying the bonds, expressed in amounts of both per pupil and per classroom costs affected by the project for which the bonds were to be issued. The State Board of Education would have to develop and distribute to school districts guidelines on calculating the amounts.

MCL 380.3 et al. - Legislative Analyst: G. Towne

FISCAL IMPACT

The bill would have no fiscal impact on State government. The bill could result in savings to school districts by requiring school bond elections to take place at November elections conducted by other local units of government. Special elections, however, could be more expensive as Senate Bill 207, to which this bill is tie-barred, would require a school bond to pay 105% of the actual cost of a special election not held in conjunction with any other election in the county, city, or township.

Date Completed: 12-2-97 - Fiscal Analyst: E. Pratt

- E. Limbs

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This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.