HOUSE BILL No. 6000


     September 27, 2000, Introduced by Rep. Birkholz and referred to the Committee on Constitutional Law and Ethics.


        A bill to amend 1976 PA 451, entitled

   "The revised school code,"

   by amending sections 859, 1053, and 1059 (MCL 380.859, 380.1053,

   and 380.1059), section 1053 as amended by 1993 PA 9 and section

   1059 as amended by 1992 PA 263.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 859.  (1) The proposition shall be in substantially the

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      following form:

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           "Shall the territory of the following school districts be

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      united to form 1 school district?

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           (Names of school districts to be consolidated to be listed

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      here)

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           Yes  (  )




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           No   (  )"

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           (2) Printed ballots, voting machines, or other voting

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      devices shall be used.  The intermediate superintendent shall

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      supply printed ballots, poll books, and other necessary election

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      supplies to each board of election inspectors of the election

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      unit of the school districts operating less than 12 grades.

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           (3) The secretary of the board of each school district oper-

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      ating 12 grades shall provide printed ballots for the election

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      and supply all election materials necessary for the election.

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      The board of each school district OPERATING 12 GRADES shall

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      appoint the necessary  school electors  MEMBERS to the board of

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      election inspectors AS DETERMINED UNDER SECTION 1059.

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           (4) The members of the intermediate school board shall act

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      as the board of election inspectors for the election held in

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      school districts operating less than 12 grades.  The intermediate

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      board may appoint additional persons to a board of election

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      inspectors.  If more than 1 place for holding the election is

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      designated by the intermediate superintendent, the members of the

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      intermediate school board shall be apportioned by the intermedi-

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      ate superintendent to the boards of election inspectors.  If a

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      member of the intermediate school board or other person appointed

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      to a board of election inspectors is unable to be present at the

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      election or is required to leave during the hours the polls are

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      open, the remaining members of the board of election inspectors

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      may appoint another person to fill the vacancy.







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           (5) Each member of a board of election inspectors shall take

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      the constitutional oath of office before entering on the duties

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      of an election inspector.

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           (6) The affirmative vote of a majority of the school elec-

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      tors voting on the question in each of the election units  shall

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      be  IS necessary to effect the consolidation of the school

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      districts.  The consolidation  shall become  IS effective as of

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      the date of the official canvass.

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           (7) The members of the intermediate school board and other

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      ELECTION inspectors  of election  acting in the election unit of

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      a school district operating less than 12 grades shall receive the

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      same compensation for conducting the election as is authorized

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      for election inspectors in a general  state  election UNDER THE

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      MICHIGAN ELECTION LAW, 1954 PA 116, MCL 168.1 TO 168.992.  If the

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      consolidation becomes effective, expenses incurred for the elec-

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      tion in each election unit shall be certified to the board of the

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      consolidated school district.  The school board shall pay elec-

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      tion costs from the funds of the consolidated school district.

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      If the proposition to consolidate is not approved, the intermedi-

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      ate school board shall determine the expenses of the election

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      held in the election unit operating less than 12 grades and

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      apportion the expenses equally among the school districts of the

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      election unit.  Each school board of the election unit shall pay

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      the apportionment to the intermediate school board.

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           Sec. 1053.  (1) The board of a school district situated

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      wholly or partly in a city or township, by agreement with the

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      governing body of the city or township, may use the registration



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      records of the city or township at an election held by the school

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      district on terms and conditions, including the payment of the

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      necessary expenses of an election, agreed upon by the school

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      board and the governing body of the city or township.  If a

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      school district situated wholly or partly in a city or township

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      holds an election at the same time that the city or township

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      holds an election, the election commissioners  , inspectors,  and

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      other election officials, EXCEPT FOR ELECTION INSPECTORS, con-

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      ducting the city or township election may act in their respective

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      capacities for the school election when agreed upon by the board

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      of the school district and the governing body of the city or

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      township for that portion of the school district situated in the

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      city or township.  IF AGREED UPON BY THE BOARD OF THE SCHOOL DIS-

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      TRICT AND THE GOVERNING BODY OF THE CITY OR TOWNSHIP, AN ELECTION

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      INSPECTOR CONDUCTING THE CITY OR TOWNSHIP ELECTION MAY SERVE AS

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      AN ELECTION INSPECTOR FOR THE SCHOOL ELECTION. The expense of the

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      election shall be paid proportionately by the school district and

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      the city or township.

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           (2) The board of a school district situated wholly or partly

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      in a city or township, upon agreement with the governing body of

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      the city or township, may determine that the city or township by

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      its proper officials shall conduct annual and special elections

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      on behalf of the school district in that portion of the school

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      district lying within the boundaries of the city or township on

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      terms and conditions, including the payment of the necessary

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      expenses, agreed upon by the school district and the city or

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      township.



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           (3) The agreement to use the registration records of the

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      city or township for school elections and for conducting the

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      school elections by the city or township officials shall be con-

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      tinuing and shall be terminated only on 12 months' notice by

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      either party.

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           (4) The board of a school district shall form the SCHOOL

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      district into 1 or more voting precincts.  If the city or town-

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      ship officials conduct an election for a school district under

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      this section, the voting precincts of the school district shall

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      be the same as those of the city or township for that portion of

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      the school district lying within the boundaries of the city or

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      township.

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           (5) A person registering after 5 p.m.  on the thirtieth day

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       next preceding  IMMEDIATELY BEFORE an annual or special school

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      election or, if that day is a Saturday, Sunday, or legal holiday,

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      after 5 p.m.  of the next  succeeding  FOLLOWING day that is not

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      a Saturday, Sunday, or legal holiday, is not eligible to vote in

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      the annual or special school election.

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           (6) An agreement under this section for conducting the

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      school elections by the city or township officials may provide

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      that nominating petitions for board members be filed with the

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      city or township clerk not later than the twelfth Tuesday before

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      the date of the election.

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           Sec. 1059.  (1) Except when the school election is conducted

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      by city or township officials under section 1053, the SCHOOL

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      board shall appoint 3 or more  school  QUALIFIED AND REGISTERED

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      electors for each voting precinct to serve as the board of



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      election inspectors in that precinct.  A MEMBER OF THE BOARD OF

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      ELECTION INSPECTORS SHALL BE A QUALIFIED AND REGISTERED ELECTOR

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      OF THE COUNTY IN WHICH THE SCHOOL DISTRICT IS LOCATED OR, IF THE

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      SCHOOL DISTRICT IS LOCATED IN MORE THAN 1 COUNTY, A QUALIFIED AND

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      REGISTERED ELECTOR OF ANY COUNTY IN WHICH THE SCHOOL DISTRICT IS

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      LOCATED. Appointments shall be made at least 10 days before the

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      date of an election.  Each member shall take the constitutional

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      oath of office and is entitled to administer oaths to persons in

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      connection with the election.  In case of inability or refusal of

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      an election inspector to act, the SCHOOL board  of education  may

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      fill the vacancy.  If all members are not present at the time of

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      opening the polls, the members of the board of election inspec-

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      tors present may fill vacancies.  The ELECTION inspectors,  of

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      election,  including the ELECTION inspectors of an election con-

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      ducted by city or township officials, immediately after canvass-

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      ing the votes shall make their return of the canvas and deliver

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      the same to the secretary of the SCHOOL board.  of education. 

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           (2) School district elections shall be canvassed in the

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      manner prescribed in sections 1009 and 1010.



















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