SENATE BILL No. 385

April 18, 2001, Introduced by Senators SIKKEMA, HAMMERSTROM, JOHNSON,

MC COTTER and GARCIA and referred to the Committee on Education.

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending sections 614, 617, and 1066 (MCL 380.614, 380.617,

and 380.1066), section 614 as amended by 1992 PA 263, section 617

as amended by 1989 PA 268, and section 1066 as amended by 1995

PA 289.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 614. (1) Except as provided in section 615, the mem-

2 bers of the intermediate school board shall be elected biennially

3 on the first Monday in June by a body composed of 1 member of the

4 board of each constituent SCHOOL district, who shall be desig-

5 nated by the board of which that person is a member. The secre-

6 tary shall send a notice by certified mail of the hour and place

7 of meeting to the secretary of the board of each constituent

8 district at least 10 days before the meeting. The president and

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1 secretary of the intermediate school board shall act as

2 chairperson and secretary.

3 (2) Except as provided in section 703, the term of office of

4 each member elected to the intermediate school board shall be for

5 6 years and shall begin on July 1 following election. Not more

6 than 2 members of the intermediate school board shall be from the

7 same school district unless there are fewer districts than there

8 are positions to be filled.

9 (3) A vacancy shall be filled by the remaining members of

10 the intermediate school board until the next biennial election at

11 which time the vacancy shall be filled for the balance of the

12 unexpired term. Notice of the vacancy shall be filed with the

13 state board within 5 days after the vacancy occurs. If the

14 vacancy is not filled within 30 days after it occurs, the vacancy

15 shall be filled by the state board.

16 (4) A SUBJECT TO SUBSECTION (6), A candidate for election

17 to the intermediate school board shall be nominated by petitions

18 that are signed by not less than 50 registered A NUMBER OF

19 school electors of the combined constituent SCHOOL districts of

20 the intermediate school district, AS FOLLOWS:

21 (A) IF THE POPULATION OF THE INTERMEDIATE SCHOOL DISTRICT IS

22 LESS THAN 10,000 ACCORDING TO THE MOST RECENT FEDERAL CENSUS, A

23 MINIMUM OF 6 AND A MAXIMUM OF 20.

24 (B) IF THE POPULATION OF THE INTERMEDIATE SCHOOL DISTRICT IS

25 10,000 OR MORE ACCORDING TO THE MOST RECENT FEDERAL CENSUS, A

26 MINIMUM OF 40 AND A MAXIMUM OF 100.

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1 (5) A registered school elector may sign as many petitions

2 as there are vacancies to fill. Nominating petitions and an

3 affidavit as provided in section 558 of the Michigan election

4 law, Act No. 116 of the Public Acts of 1954, being section

5 168.558 of the Michigan Compiled Laws 1954 PA 116, MCL 168.558,

6 shall be filed with the secretary of the intermediate school

7 board not later than 30 days before the date of the biennial

8 election UNDER SUBSECTION (1). The secretary shall determine the

9 sufficiency of the petitions and the eligibility of the candi-

10 dates nominated. The secretary shall provide ballots for the

11 biennial election, listing on the ballots the names of all candi-

12 dates properly nominated. The chairperson of the biennial elec-

13 tion may accept nominations for a vacancy from the floor only if

14 no nominating petitions have been filed for the vacancy. Section

15 1066 applies to the form and manner of circulation of nominating

16 petitions for a candidate for membership on the intermediate

17 school board.

18 (6) INSTEAD OF FILING NOMINATING PETITIONS, A CANDIDATE FOR

19 ELECTION TO THE INTERMEDIATE SCHOOL BOARD MAY PAY A NONREFUNDABLE

20 FILING FEE OF $100.00 TO THE SECRETARY OF THE INTERMEDIATE SCHOOL

21 BOARD. IF THIS FEE IS PAID BY THE DUE DATE FOR NOMINATING PETI-

22 TIONS, THE PAYMENT HAS THE SAME EFFECT UNDER THIS SECTION AS THE

23 FILING OF NOMINATING PETITIONS.

24 (7) (5) The president shall appoint 2 persons not members

25 of the intermediate SCHOOL board or candidates for election as a

26 board of canvassers and they shall canvass the vote following

27 balloting. This becomes the official canvass.

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1 Sec. 617. (1) In SUBJECT TO SUBSECTION (4), IN an

2 intermediate school district in which sections 615 to 617 are

3 effective, a candidate for the office of member of the intermedi-

4 ate school board shall be nominated by filing nominating peti-

5 tions and an affidavit as provided in section 558 of the Michigan

6 election law, Act No. 116 of the Public Acts of 1954, being sec-

7 tion 168.558 of the Michigan Compiled Laws 1954 PA 116,

8 MCL 168.558, with the secretary of the board of the intermediate

9 school district before 4 p.m. of the ninth Monday before the

10 election.

11 (2) The nominating petitions shall be in the form provided

12 in section 1066. Nominating petitions shall contain signatures

13 of school electors who are registered to vote in the city or

14 township in which they reside equal in A number to not less

15 than 1.5% of the combined pupil memberships of the constituent

16 districts on the latest pupil membership count day. A candidate

17 is not required to file signatures of more than 5,000 voters AS

18 FOLLOWS:

19 (A) IF THE POPULATION OF THE INTERMEDIATE SCHOOL DISTRICT IS

20 LESS THAN 10,000 ACCORDING TO THE MOST RECENT FEDERAL CENSUS, A

21 MINIMUM OF 6 AND A MAXIMUM OF 20.

22 (B) IF THE POPULATION OF THE INTERMEDIATE SCHOOL DISTRICT IS

23 10,000 OR MORE ACCORDING TO THE MOST RECENT FEDERAL CENSUS, A

24 MINIMUM OF 40 AND A MAXIMUM OF 100.

25 (3) Each sheet of the NOMINATING petition shall be circu-

26 lated in 1 city or township only.

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1 (4) INSTEAD OF FILING NOMINATING PETITIONS, A CANDIDATE FOR

2 ELECTION TO THE INTERMEDIATE SCHOOL BOARD MAY PAY A NONREFUNDABLE

3 FILING FEE OF $100.00 TO THE SECRETARY OF THE INTERMEDIATE SCHOOL

4 BOARD. IF THIS FEE IS PAID BY THE DUE DATE FOR NOMINATING PETI-

5 TIONS, THE PAYMENT HAS THE SAME EFFECT UNDER THIS SECTION AS THE

6 FILING OF NOMINATING PETITIONS.

7 (5) (3) Within 14 days after the last date for filing, the

8 secretary of the intermediate school board shall certify the

9 names and addresses of those candidates whose petitions are found

10 to be sufficient to the secretaries of the boards of the constit-

11 uent SCHOOL districts. The secretary of the intermediate school

12 board shall certify the number to be elected. The secretary of

13 the intermediate school board shall notify the county clerk of

14 the names and addresses of the candidates not later than 3 days

15 after the last day for candidate withdrawal. However, if the

16 third day is a Saturday, Sunday, or legal holiday, the notice may

17 be sent on the next day that is not a Saturday, Sunday, or legal

18 holiday.

19 (6) (4) The intermediate school board shall provide bal-

20 lots for the election of members of the intermediate school board

21 and distribute the ballots to the secretaries of each of the con-

22 stituent SCHOOL districts not less than 20 days before the annual

23 school elections.

24 (7) (5) At the first election, 3 members of an intermedi-

25 ate school board shall be elected for a term of 6 years, 2 for a

26 term of 4 years, and 2 for a term of 2 years. After the first

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1 election, their successors shall be elected biennially for terms

2 of 6 years.

3 (8) (6) The intermediate school board of an intermediate

4 school district adopting sections 615 to 617 shall fill a vacancy

5 in the INTERMEDIATE SCHOOL board's membership by appointing a

6 member to serve until the next biennial election, at which time a

7 member shall be elected for the balance of the unexpired term.

8 Sec. 1066. (1) To SUBJECT TO SUBSECTION (6), TO obtain

9 the printing of the name of a candidate for member of the SCHOOL

10 board on the ballot, the candidate shall file nominating peti-

11 tions and an affidavit as provided in section 558 of the Michigan

12 election law, Act No. 116 of the Public Acts of 1954, being sec-

13 tion 168.558 of the Michigan Compiled Laws 1954 PA 116,

14 MCL 168.558, with the secretary of the SCHOOL board or in the

15 office of the SCHOOL board of education not later than 4

16 p.m. on the ninth Monday before the date of election. A school

17 board holding elections in conjunction with a city election may

18 vary the date of filing nominating petitions to conform with the

19 filing date of the city, as provided in section 644k of Act

20 No. 116 of the Public Acts of 1954, being section 168.644k of the

21 Michigan Compiled Laws THE MICHIGAN ELECTION LAW, 1954 PA 116,

22 MCL 168.644K.

23 (2) Each petition shall be signed by a number of school

24 electors of the SCHOOL district equal to not less than 1% of the

25 total number of votes received by the candidate for member of the

26 board of education who received the greatest number of votes at

27 the last election at which members of the board of education were

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1 elected, but the number shall not be less than 20. If a

2 nominating petition contains more than the necessary number of

3 names, the excess over 1% shall not be considered or counted AS

4 FOLLOWS:

5 (A) IF THE POPULATION OF THE SCHOOL DISTRICT IS LESS THAN

6 10,000 ACCORDING TO THE MOST RECENT FEDERAL CENSUS, A MINIMUM OF

7 6 AND A MAXIMUM OF 20.

8 (B) IF THE POPULATION OF THE SCHOOL DISTRICT IS 10,000 OR

9 MORE ACCORDING TO THE MOST RECENT FEDERAL CENSUS, A MINIMUM OF 40

10 AND A MAXIMUM OF 100.

11 (3) A school elector shall not sign petitions for more can-

12 didates than are to be elected.

13 (4) The petition shall be substantially in the form pre-

14 scribed in section 5446 of Act No. 116 of the Public Acts of

15 1954, being section 168.544c of the Michigan Compiled Laws 544C

16 OF THE MICHIGAN ELECTION LAW, 1954 PA 116, MCL 168.544C, except

17 that the petition shall be nonpartisan and shall include the fol-

18 lowing opening paragraph:

19 We, the undersigned, registered and qualified voters of

20 _____________________________________ and residents of the

21 (legal name of school district)

22 ________________________, the county of _________________, state

23 (city or township)

24 of Michigan, nominate ________________________________

25 (name of candidate)

26 _______________________ __________________________, a registered

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1 (street address) (post-office address)

2 and qualified elector of the district as a member of the board of

3 education of the school district for a term of _____ years,

4 expiring _____, to be voted for at the election to be held on the

5 _____ day of __________, ________.

6 (month) (year)

7 (5) A petition sheet shall not be circulated in more than 1

8 township or city.

9 (6) INSTEAD OF FILING NOMINATING PETITIONS, A CANDIDATE FOR

10 ELECTION TO THE SCHOOL BOARD MAY PAY A NONREFUNDABLE FILING FEE

11 OF $100.00 TO THE SECRETARY OF THE SCHOOL BOARD. IF THIS FEE IS

12 PAID BY THE DUE DATE FOR NOMINATING PETITIONS, THE PAYMENT HAS

13 THE SAME EFFECT UNDER THIS SECTION AS THE FILING OF NOMINATING

14 PETITIONS.

15 (7) (6) Upon the filing of nominating petitions, the sec-

16 retary of the SCHOOL board shall canvass the petitions to ascer-

17 tain if the petitions have been signed by the requisite number of

18 school electors, and for the purpose of determining their valid-

19 ity may check doubtful signatures against the registration

20 records by the clerk of the political subdivision in which each

21 petition was circulated to determine the authenticity of the

22 signatures. If it is determined that the nominating petitions of

23 a candidate do not comply with the requirements, including the

24 fact that the candidate does not possess the qualifications as

25 required by law for membership on the SCHOOL board, or if for

26 another cause the candidate is not entitled to have his or her

27 name printed upon official election ballots, the secretary of the

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1 SCHOOL board shall notify the candidate immediately. If

2 nominating petitions are filed on behalf of the secretary of the

3 SCHOOL board, the treasurer of the SCHOOL board shall perform the

4 duties of the secretary.

5 (8) (7) After a nominating petition is filed by or on

6 behalf of a proposed candidate for membership on the SCHOOL

7 board, the candidate shall not be permitted to withdraw unless a

8 written notice of withdrawal, signed by the candidate, is served

9 on the secretary of the SCHOOL board or an authorized agent of

10 the secretary of the SCHOOL board not later than 4 p.m. of the

11 third day after the last day for filing the petition. The secre-

12 tary of the SCHOOL board shall notify the county clerk of the

13 names and addresses of the candidates not later than 3 days after

14 the last date for candidate withdrawal. However, if the third

15 day is a Saturday, Sunday, or legal holiday, the notice may be

16 made on the next secular day THAT IS NOT A SATURDAY, SUNDAY, OR

17 LEGAL HOLIDAY.

18 Enacting section 1. This amendatory act takes effect

19 January 1, 2002.

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