House Introduced Bill 5078

HOUSE BILL No. 5078

September 23, 1997, Introduced by Rep. Brackenridge and referred to the Committee on Local Government.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 200 and 643 (MCL 168.200 and 168.643).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 200. (1) A county clerk, a county treasurer, a regis-

2 ter of deeds, a prosecuting attorney, a sheriff, a drain commis-

3 sioner, AND a surveyor and 2 coroners shall be elected at

4 each THE 2000 general November election : Provided, That AND

5 EVERY FOURTH YEAR AFTER THAT. HOWEVER, in any A county in which

6 1 or more of these offices have been or may be IS abolished

7 , as provided by law, no person shall be elected therefor TO

8 THAT OFFICE IN THAT COUNTY. The

9 (2) SUBJECT TO SUBSECTIONS (3), (4), AND (5), A COUNTY board

10 of supervisors in any county COMMISSIONERS may unite BY

11 RESOLUTION COMBINE the offices of county clerk and register of

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1 deeds in 1 office OF THE CLERK REGISTER or separate the same at

2 pleasure OFFICE OF THE CLERK REGISTER INTO THE OFFICES OF COUNTY

3 CLERK AND REGISTER OF DEEDS. A COMBINATION OR SEPARATION OF

4 OFFICES SHALL NOT TAKE EFFECT BEFORE THE EXPIRATION OF THE CUR-

5 RENT TERM OF THE AFFECTED OFFICES.

6 (3) BEFORE ADOPTING A RESOLUTION TO COMBINE THE OFFICES OF

7 COUNTY CLERK AND REGISTER OF DEEDS OR SEPARATE THE OFFICE OF

8 CLERK REGISTER INTO THE OFFICES OF COUNTY CLERK AND REGISTER OF

9 DEEDS, A COUNTY BOARD OF COMMISSIONERS SHALL APPOINT A COMMITTEE

10 TO STUDY THE QUESTION OF COMBINING OR SEPARATING THE OFFICES.

11 THE COMMITTEE SHALL CONSIST OF ALL OF THE FOLLOWING MEMBERS:

12 (A) THE COUNTY CLERK AND THE REGISTER OF DEEDS OR, IF THE

13 OFFICES ARE COMBINED, THE CLERK REGISTER.

14 (B) TWO MEMBERS OF THE COUNTY BOARD OF COMMISSIONERS.

15 (C) A COUNTY RESIDENT WHO IS A MEMBER IN GOOD STANDING OF

16 THE STATE BAR OF MICHIGAN.

17 (D) A COUNTY RESIDENT WHO IS A TITLE INSURANCE SALESPERSON

18 LICENSED UNDER CHAPTER 12 OF THE INSURANCE CODE OF 1956, 1956 PA

19 218, MCL 500.1200 TO 500.1244, OR WHO IS EMPLOYED IN THE BANKING

20 OR FINANCE INDUSTRY, AND WHO IS CHOSEN FROM A LIST OF 3 COUNTY

21 RESIDENTS THAT IS SUBMITTED TO THE COUNTY BOARD OF COMMISSIONERS

22 BY THE REGISTER OF DEEDS OR, IF THE OFFICES OF COUNTY CLERK AND

23 REGISTER OF DEEDS ARE COMBINED, THE CLERK REGISTER.

24 (E) A COUNTY RESIDENT WHO IS A CITY OR TOWNSHIP CLERK

25 INVOLVED IN ADMINISTERING ELECTIONS AND WHO IS CHOSEN FROM A LIST

26 OF 3 COUNTY RESIDENTS THAT IS SUBMITTED TO THE COUNTY BOARD OF

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1 COMMISSIONERS BY THE COUNTY CLERK OR, IF THE OFFICES OF COUNTY

2 CLERK AND REGISTER OF DEEDS ARE COMBINED, THE CLERK REGISTER.

3 (F) FOR EACH MAJOR POLITICAL PARTY, AS THAT TERM IS DEFINED

4 IN SECTION 16, 1 COUNTY RESIDENT WHO IS A MEMBER OF GOOD STANDING

5 AND WHO IS APPOINTED BY THAT PARTY.

6 (4) THE COMMITTEE APPOINTED UNDER SUBSECTION (3) SHALL HOLD

7 NOT LESS THAN 1 PUBLIC HEARING, HELD SUBJECT TO THE OPEN MEETINGS

8 ACT, 1976 PA 267, MCL 15.261 TO 15.275, ON THE QUESTION OF COM-

9 BINING OR SEPARATING THE OFFICES OF COUNTY CLERK AND REGISTER OF

10 DEEDS. NOT MORE THAN 30 DAYS AFTER THE COMMITTEE IS APPOINTED

11 PURSUANT TO SUBSECTION (3) OR AT A LATER DATE DETERMINED BY THE

12 COUNTY BOARD OF COMMISSIONERS, THE COMMITTEE SHALL REPORT TO THE

13 COUNTY BOARD OF COMMISSIONERS ITS FINDINGS ON THE EFFECTS OF COM-

14 BINING OR SEPARATING THE OFFICES AND ITS RECOMMENDATION CONCERN-

15 ING THE COMBINATION OR SEPARATION.

16 (5) AFTER THE DEADLINE PRESCRIBED UNDER SUBSECTION (4) FOR

17 THE COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATION TO THE

18 COUNTY BOARD OF COMMISSIONERS AND NOT LATER THAN THE SIXTH

19 TUESDAY BEFORE THE DEADLINE FOR FILING THE NOMINATING PETITIONS

20 FOR THE OFFICE OF COUNTY CLERK OR REGISTER OF DEEDS, THE COUNTY

21 BOARD OF COMMISSIONERS MAY BY A VOTE OF 2/3 OF THE BOARD OF COM-

22 MISSIONERS ELECTED AND SERVING COMBINE THE OFFICES OF COUNTY

23 CLERK AND REGISTER OF DEEDS, OR BY A MAJORITY OF THE COUNTY BOARD

24 OF COMMISSIONERS ELECTED AND SERVING SEPARATE THE OFFICE OF THE

25 CLERK REGISTER. THE RESOLUTION SHALL BECOME EFFECTIVE UPON THE

26 COMMENCEMENT OF THE NEXT TERM OF OFFICE OF THE COUNTY CLERK,

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1 REGISTER OF DEEDS, OR CLERK REGISTER AFTER THE ADOPTION OF THE

2 RESOLUTION.

3 Sec. 643. At the general November elections, there THE

4 FOLLOWING OFFICERS shall be elected when required by law: the

5 following officers:

6 (A) 1. Presidential electors. ;

7 (B) 2. In the state at large, a governor and a lieutenant

8 governor, a secretary of state, and an attorney general. ;

9 (C) 3. A United States senator. ;

10 (D) 4. In each congressional district, a representative in

11 congress. ;

12 (E) 5. In each state senatorial district, a state senator.

13 ;

14 (F) 6. In each state representative district, a represen-

15 tative in the state legislature. ;

16 (G) 7. Justices of the supreme court. ;

17 (H) 8. Two members of the state board of education, ;

18 except as provided in section 282a. ;

19 (I) 9. Two regents of the University of Michigan. ;

20 (J) 10. Two trustees of Michigan State University. ;

21 (K) 11. Two governors of Wayne State University. ;

22 (l) 12. In each county or district, judges of the court of

23 appeals, a judge or judges of the circuit court, a judge or

24 judges of probate, a circuit court commissioner or circuit court

25 commissioners A JUDGE OR JUDGES OF THE DISTRICT COURT, a prose-

26 cuting attorney, a sheriff, a clerk, a treasurer, a register

27 of deeds, an auditor, a mine inspector, a county road

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1 commissioner, a drain commissioner, 2 coroners and a surveyor,

2 AND, SUBJECT TO SECTION 200, A CLERK AND A REGISTER OF DEEDS OR A

3 CLERK REGISTER. The board of supervisors in any county may

4 unite the offices of county clerk and register of deeds in 1

5 office or separate the same at pleasure;

6 (M) 13. Township officers. ;

7 (N) 14. Such ANY other officers as by this act or

8 otherwise REQUIRED by law are now or hereafter may be required

9 to be elected. at such election.

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