SENATE BILL No. 440

May 1, 2001, Introduced by Senators STEIL, HAMMERSTROM, BENNETT, SHUGARS

and SIKKEMA and referred to the Committee on Government Operations.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 3, 321, 322, 358a, 370, 381, 382, 538, 635,

644b, 644c, 644e, 644g, 646a, 963, and 971 (MCL 168.3, 168.321,

168.322, 168.358a, 168.370, 168.381, 168.382, 168.538, 168.635,

168.644b, 168.644c, 168.644e, 168.644g, 168.646a, 168.963, and

168.971), section 321 as amended by 1994 PA 277, section 322 as

amended by 1999 PA 218, section 358a as amended by 1990 PA 235,

section 370 as amended by 1990 PA 83, section 381 as amended by

1991 PA 16, section 646a as amended by 1990 PA 7, and section 963

as amended by 1999 PA 220, and by adding sections 17 and 643b and

chapter XIV; and to repeal acts and parts of acts.

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THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 3. The term "general AS USED IN THIS ACT:

2 (A) "GENERAL November election", as used in this act, shall

3 mean "GENERAL ELECTION", OR "EVEN YEAR GENERAL ELECTION" MEANS

4 the election provided to be held in the THIS state on the

5 first Tuesday after the first Monday of November in every EACH

6 even numbered year.

7 (B) "ODD YEAR GENERAL ELECTION" MEANS THE ELECTION HELD ON

8 THE FIRST TUESDAY AFTER THE FIRST MONDAY OF NOVEMBER IN EACH ODD

9 NUMBERED YEAR.

10 SEC. 17. AS USED IN THIS ACT:

11 (A) "SCHOOL BOARD" MEANS THE GOVERNING BODY OF A SCHOOL

12 DISTRICT.

13 (B) "SCHOOL BOARD MEMBER" MEANS A PERSON HOLDING THE OFFICE

14 OF SCHOOL BOARD MEMBER UNDER THIS ACT. SCHOOL BOARD MEMBER DOES

15 NOT INCLUDE A SCHOOL BOARD MEMBER OF AN INTERMEDIATE SCHOOL DIS-

16 TRICT UNLESS THAT INTERMEDIATE SCHOOL DISTRICT HAS ADOPTED SEC-

17 TIONS 615 TO 617 OF THE REVISED SCHOOL CODE, 1976 PA 451,

18 MCL 380.615 TO 380.617.

19 (C) "SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT, A LOCAL ACT

20 SCHOOL DISTRICT, OR AN INTERMEDIATE SCHOOL DISTRICT, AS THOSE

21 TERMS ARE DEFINED IN THE REVISED SCHOOL CODE, 1976 PA 451,

22 MCL 380.1 TO 380.1852.

23 (D) "NOVEMBER SCHOOL ELECTION" MEANS THE ELECTION HELD TO

24 ELECT MEMBERS TO SCHOOL BOARDS AT THE ODD YEAR GENERAL ELECTION.

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1 CHAPTER XIV.

2 SCHOOL ELECTIONS

3 SEC. 301. (1) A PERSON IS ELIGIBLE FOR ELECTION AS A SCHOOL

4 BOARD MEMBER IF THE PERSON IS A CITIZEN OF THE UNITED STATES AND

5 IS A QUALIFIED AND REGISTERED ELECTOR OF THE SCHOOL DISTRICT HE

6 OR SHE SEEKS TO REPRESENT.

7 (2) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3), THE TERM

8 OF OFFICE FOR SCHOOL BOARD MEMBER IS 4 YEARS, BEGINNING AT 12

9 NOON ON THE JANUARY 1 IMMEDIATELY FOLLOWING HIS OR HER ELECTION.

10 EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3) AND SECTION 308, A

11 SCHOOL BOARD MEMBER'S TERM OF OFFICE CONTINUES UNTIL A SUCCESSOR

12 IS ELECTED AND QUALIFIED.

13 (3) TO MAKE THE TRANSITION TO NOVEMBER SCHOOL ELECTIONS

14 REQUIRED BY THE AMENDATORY ACT THAT ADDED THIS CHAPTER, ALL OF

15 THE FOLLOWING APPLY TO THE TERMS OF SCHOOL BOARD MEMBERS SERVING

16 AS OF JANUARY 1, 2003:

17 (A) IF THE SCHOOL BOARD MEMBER SERVES ON A SCHOOL BOARD CON-

18 SISTING OF 5 MEMBERS, THE FOLLOWING APPLY:

19 (i) FOR A SCHOOL BOARD MEMBER WHO IS AMONG THE 3 SCHOOL

20 BOARD MEMBERS WITH THE LEAST TIME REMAINING IN THEIR ELECTED

21 TERMS AS OF JANUARY 1, 2003, HIS OR HER TERM OF OFFICE CONTINUES

22 UNTIL 12 NOON ON JANUARY 1, 2004 AND A SUCCESSOR SHALL BE ELECTED

23 AT THE REGULAR SCHOOL ELECTION TO BE HELD IN NOVEMBER 2003.

24 (ii) FOR A SCHOOL BOARD MEMBER WHO IS AMONG THE 2 SCHOOL

25 BOARD MEMBERS WITH THE MOST TIME REMAINING IN THEIR ELECTED TERMS

26 AS OF JANUARY 1, 2003, HIS OR HER TERM OF OFFICE CONTINUES UNTIL

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1 12 NOON ON JANUARY 1, 2006 AND A SUCCESSOR SHALL BE ELECTED AT

2 THE REGULAR SCHOOL ELECTION TO BE HELD IN NOVEMBER 2005.

3 (B) IF THE SCHOOL BOARD MEMBER SERVES ON A SCHOOL BOARD CON-

4 SISTING OF 7 MEMBERS, THE FOLLOWING APPLY:

5 (i) FOR A SCHOOL BOARD MEMBER WHO IS AMONG THE 4 SCHOOL

6 BOARD MEMBERS WITH THE LEAST TIME REMAINING IN THEIR ELECTED

7 TERMS AS OF JANUARY 1, 2003, HIS OR HER TERM OF OFFICE CONTINUES

8 UNTIL 12 NOON ON JANUARY 1, 2004 AND A SUCCESSOR SHALL BE ELECTED

9 AT THE REGULAR SCHOOL ELECTION TO BE HELD IN NOVEMBER 2003.

10 (ii) FOR A SCHOOL BOARD MEMBER WHO IS AMONG THE 3 SCHOOL

11 BOARD MEMBERS WITH THE MOST TIME REMAINING IN THEIR ELECTED TERMS

12 AS OF JANUARY 1, 2003, HIS OR HER TERM OF OFFICE CONTINUES UNTIL

13 12 NOON ON JANUARY 1, 2006 AND A SUCCESSOR SHALL BE ELECTED AT

14 THE REGULAR SCHOOL ELECTION TO BE HELD IN NOVEMBER 2005.

15 (C) IF THE SCHOOL BOARD MEMBER SERVES ON A SCHOOL BOARD CON-

16 SISTING OF 9 MEMBERS, THE FOLLOWING APPLY:

17 (i) FOR A SCHOOL BOARD MEMBER WHO IS AMONG THE 5 SCHOOL

18 BOARD MEMBERS WITH THE LEAST TIME REMAINING IN THEIR ELECTED

19 TERMS AS OF JANUARY 1, 2003, HIS OR HER TERM OF OFFICE CONTINUES

20 UNTIL 12 NOON ON JANUARY 1, 2004 AND A SUCCESSOR SHALL BE ELECTED

21 AT THE REGULAR SCHOOL ELECTION TO BE HELD IN NOVEMBER 2003.

22 (ii) FOR A SCHOOL BOARD MEMBER WHO IS AMONG THE 4 SCHOOL

23 BOARD MEMBERS WITH THE MOST TIME REMAINING IN THEIR ELECTED TERMS

24 AS OF JANUARY 1, 2003, HIS OR HER TERM OF OFFICE CONTINUES UNTIL

25 12 NOON ON JANUARY 1, 2006 AND A SUCCESSOR SHALL BE ELECTED AT

26 THE REGULAR SCHOOL ELECTION TO BE HELD IN NOVEMBER 2005.

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1 SEC. 302. (1) FOR THE NAME OF A PERSON AS A CANDIDATE FOR

2 SCHOOL BOARD MEMBER TO APPEAR ON THE OFFICIAL BALLOT IN THE

3 ELECTION PRECINCTS OF A SCHOOL DISTRICT, THE CANDIDATE SHALL FILE

4 AN AFFIDAVIT AS REQUIRED IN SECTION 558 AND A NOMINATING PETITION

5 SIGNED BY A NUMBER OF QUALIFIED AND REGISTERED ELECTORS AS DETER-

6 MINED IN SECTION 544F.

7 (2) THE CANDIDATE SHALL FILE THE NOMINATING PETITION AND

8 AFFIDAVIT WITH THE FILING OFFICIAL OF THE CITY, TOWNSHIP, OR

9 COUNTY HOLDING THE ELECTION.

10 (3) NOMINATING PETITIONS UNDER THIS SECTION SHALL BE IN THE

11 FORM PRESCRIBED IN SECTION 544A. EXCEPT AS OTHERWISE PROVIDED IN

12 THIS SUBSECTION, NOMINATING PETITIONS SHALL BE FILED WITH THE

13 FILING OFFICIAL OF THE CITY, TOWNSHIP, OR COUNTY HOLDING THE

14 ELECTION UNDER THIS CHAPTER NOT LATER THAN 4 P.M. OF THE NINTH

15 TUESDAY BEFORE THE DATE OF THE ELECTION.

16 SEC. 303. AFTER THE FILING OF A NOMINATING PETITION BY OR

17 ON BEHALF OF A CANDIDATE FOR SCHOOL BOARD MEMBER, THE CANDIDATE

18 IS NOT PERMITTED TO WITHDRAW UNLESS A WRITTEN NOTICE OF WITH-

19 DRAWAL IS SERVED ON THE FILING OFFICIAL WITH WHOM HIS OR HER NOM-

20 INATING PETITIONS WERE FILED, OR THE FILING OFFICIAL'S AUTHORIZED

21 AGENT, NOT LATER THAN 4 P.M. OF THE THIRD BUSINESS DAY AFTER THE

22 LAST DAY FOR FILING NOMINATING PETITIONS.

23 SEC. 304. AT LEAST 1 SCHOOL BOARD MEMBER IN EACH SCHOOL

24 DISTRICT SHALL BE ELECTED IN EACH NOVEMBER SCHOOL ELECTION.

25 SEC. 305. THE APPROPRIATE BOARD OF CANVASSERS AS PRESCRIBED

26 IN SECTION 24A OR 30A SHALL CANVASS THE VOTES FOR CANDIDATES FOR

27 SCHOOL BOARD MEMBER IN THE NOVEMBER SCHOOL ELECTION IN EACH

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1 SCHOOL DISTRICT. THAT NUMBER OF CANDIDATES EQUAL TO THE NUMBER

2 OF PERSONS TO BE ELECTED WHO RECEIVE THE GREATEST NUMBER OF VOTES

3 CAST AT THE ELECTION, AS SET FORTH IN THE REPORT OF THE BOARD OF

4 CANVASSERS CANVASSING THE VOTES, BASED UPON THE RETURNS FROM THE

5 ELECTION PRECINCTS OR AS DETERMINED BY THE BOARD OF CANVASSERS AS

6 A RESULT OF A RECOUNT, ARE ELECTED TO THE OFFICE OF SCHOOL BOARD

7 MEMBER. UPON COMPLETION OF THE CANVASS, THE BOARD OF CANVASSERS

8 SHALL MAKE A STATEMENT OF RETURNS AND CERTIFY THE ELECTION OF

9 SCHOOL BOARD MEMBERS TO THE SECRETARY OF THE SCHOOL BOARD, THE

10 COUNTY CLERK, AND THE LOCAL OFFICIAL WHO HELD THE SCHOOL BOARD

11 ELECTION.

12 SEC. 306. THE OFFICIAL WHO RECEIVES THE CERTIFICATION OF

13 THE BOARD OF CANVASSERS UNDER SECTION 305 SHALL PRESERVE AND FILE

14 IN HIS OR HER OFFICE THE CERTIFIED STATEMENT OF RETURNS AND CER-

15 TIFICATION OF THE BOARD OF CANVASSERS OF THE RESULT OF THE

16 ELECTION. THE CITY, TOWNSHIP, OR COUNTY CLERK WHO IS THE SECRE-

17 TARY TO THE BOARD OF CANVASSERS CANVASSING THE SCHOOL BOARD ELEC-

18 TION SHALL IMMEDIATELY EXECUTE AND PROVIDE TO THE PERSONS

19 DECLARED ELECTED TO THE OFFICE OF SCHOOL BOARD MEMBER A CERTIFI-

20 CATE OF ELECTION.

21 SEC. 307. A PERSON ELECTED TO THE OFFICE OF SCHOOL BOARD

22 MEMBER, BEFORE ENTERING UPON THE DUTIES OF HIS OR HER OFFICE,

23 SHALL TAKE AND SUBSCRIBE TO THE OATH PROVIDED IN SECTION 1 OF

24 ARTICLE XI OF THE STATE CONSTITUTION OF 1963.

25 SEC. 308. THE OFFICE OF A SCHOOL BOARD MEMBER SHALL BECOME

26 VACANT IMMEDIATELY, WITHOUT DECLARATION BY AN OFFICER OR

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1 ACCEPTANCE BY THE SCHOOL BOARD OR 1 OF ITS MEMBERS, UPON ANY OF

2 THE FOLLOWING EVENTS:

3 (A) THE DEATH OF THE SCHOOL BOARD MEMBER.

4 (B) THE SCHOOL BOARD MEMBER'S BEING ADJUDICATED INSANE OR

5 BEING FOUND TO BE A LEGALLY INCAPACITATED INDIVIDUAL BY A COURT

6 OF COMPETENT JURISDICTION.

7 (C) THE SCHOOL BOARD MEMBER'S RESIGNATION.

8 (D) THE SCHOOL BOARD MEMBER'S REMOVAL FROM OFFICE.

9 (E) THE SCHOOL BOARD MEMBER'S CONVICTION OF A FELONY.

10 (F) THE SCHOOL BOARD MEMBER'S ELECTION OR APPOINTMENT BEING

11 DECLARED VOID BY A COMPETENT TRIBUNAL.

12 (G) THE SCHOOL BOARD MEMBER'S NEGLECT OR FAILURE TO FILE THE

13 ACCEPTANCE OF OFFICE, TO TAKE THE OATH OF OFFICE, OR TO GIVE OR

14 RENEW AN OFFICIAL BOND REQUIRED BY LAW.

15 (H) THE FAILURE OF THE SCHOOL DISTRICT TO ELECT A SUCCESSOR

16 AT THE NOVEMBER SCHOOL ELECTION.

17 (I) THE SCHOOL BOARD MEMBER CEASING TO POSSESS THE LEGAL

18 QUALIFICATIONS FOR HOLDING OFFICE.

19 (J) THE SCHOOL BOARD MEMBER MOVING HIS OR HER RESIDENCE FROM

20 THE SCHOOL DISTRICT.

21 SEC. 309. (1) UNLESS A VACANCY OCCURS WITHIN 90 DAYS OF THE

22 END OF THE TERM OF OFFICE OF THE SCHOOL BOARD MEMBER, IF A

23 VACANCY OCCURS IN THE OFFICE OF SCHOOL BOARD MEMBER AS PROVIDED

24 IN SECTION 308, THE VACANCY SHALL BE FILLED WITHIN 45 DAYS BY

25 ELECTION OF A QUALIFIED AND REGISTERED ELECTOR OF THE SCHOOL DIS-

26 TRICT BY A MAJORITY OF THE REMAINING MEMBERS OF THE SCHOOL

27 BOARD. THE PERSON ELECTED BY THE SCHOOL BOARD UNDER THIS

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1 SUBSECTION SHALL HOLD THE OFFICE OF SCHOOL BOARD MEMBER UNTIL THE

2 NEXT ELECTION DATE. THE SCHOOL BOARD SHALL REQUEST THE APPROPRI-

3 ATE LOCAL CLERK TO CALL A SPECIAL ELECTION FOR THE NEXT ELECTION

4 DATE, AS PROVIDED UNDER SECTIONS 643B AND 644. THE PERSON

5 ELECTED AT THE SPECIAL ELECTION TO FILL A VACANCY UNDER THIS SUB-

6 SECTION SHALL HOLD THE OFFICE OF SCHOOL BOARD MEMBER FOR THE FULL

7 REMAINDER OF THE TERM OF THE FORMER MEMBER.

8 (2) IF THE REMAINING MEMBERS OF THE SCHOOL BOARD FAIL TO

9 FILL A VACANCY AS REQUIRED UNDER SUBSECTION (1), THE SCHOOL BOARD

10 SHALL FILL THE VACANCY BY A SPECIAL ELECTION CALLED IN THE MANNER

11 PRESCRIBED IN SECTION 315. THE PERSON ELECTED TO FILL A VACANCY

12 UNDER THIS SUBSECTION SHALL HOLD THE OFFICE OF SCHOOL BOARD

13 MEMBER FOR THE FULL REMAINDER OF THE TERM OF THE FORMER MEMBER.

14 (3) UNTIL A VACANCY IS FILLED UNDER THIS SECTION, THE

15 REMAINING MEMBERS OF THE SCHOOL BOARD HAVE ALL OF THE POWERS AND

16 DUTIES ESTABLISHED BY LAW.

17 SEC. 310. THE VOTES CAST FOR A CANDIDATE FOR SCHOOL BOARD

18 MEMBER OR ON A BALLOT QUESTION SUBMITTED TO THE VOTERS AT A

19 SCHOOL ELECTION ARE SUBJECT TO RECOUNT AS PROVIDED IN

20 CHAPTER XXXIII.

21 SEC. 311. A PERSON ELECTED TO THE OFFICE OF SCHOOL BOARD

22 MEMBER IS SUBJECT TO RECALL AS PROVIDED IN CHAPTER XXXVI AND IN

23 SECTION 8 OF ARTICLE II OF THE STATE CONSTITUTION OF 1963.

24 SEC. 315. (1) A SCHOOL BOARD MAY REQUEST THAT A BALLOT

25 QUESTION BE SUBMITTED TO THE VOTE OF THE REGISTERED ELECTORS OF

26 THE SCHOOL DISTRICT AS PROVIDED IN THIS SECTION. EXCEPT AS

27 OTHERWISE SPECIFICALLY PROVIDED BY LAW, THE SCHOOL BOARD SHALL

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1 REQUEST THE APPROPRIATE LOCAL CLERK TO SUBMIT A BALLOT QUESTION

2 TO THE VOTE OF THE REGISTERED ELECTORS OF THE SCHOOL DISTRICT AS

3 PROVIDED IN THIS SECTION UPON RECEIPT OF PETITIONS SIGNED BY THE

4 REGISTERED ELECTORS OF THE SCHOOL DISTRICT, AS DETERMINED UNDER

5 SECTION 544F. A SCHOOL BOARD SHALL REQUEST THE APPROPRIATE LOCAL

6 CLERK TO CALL A SPECIAL ELECTION TO FILL A VACANCY IF REQUIRED BY

7 SECTION 309(2).

8 (2) UPON THE REQUEST OF THE SCHOOL BOARD TO SUBMIT A BALLOT

9 QUESTION TO THE VOTE OF THE REGISTERED ELECTORS OF THE SCHOOL

10 DISTRICT, UPON DETERMINATION BY THE FILING OFFICIAL THAT A PETI-

11 TION MEETS THE LAWFUL SIGNATURE REQUIREMENTS, OR UPON THE

12 REQUIREMENT TO CALL A SPECIAL ELECTION TO FILL A VACANCY, THE

13 BALLOT QUESTION OR OFFICE SHALL BE SUBMITTED TO THE REGISTERED

14 ELECTORS OF THE SCHOOL DISTRICT AT A SPECIAL ELECTION CALLED AT

15 LEAST 60 DAYS BEFORE THE ELECTION DATE AND TO BE HELD AS PROVIDED

16 IN SECTIONS 643B AND 644.

17 (3) THE SCHOOL BOARD SHALL REQUEST THE APPROPRIATE LOCAL

18 CLERK TO CALL A SPECIAL ELECTION UNDER THIS SECTION BY GIVING THE

19 REQUIRED LEGAL NOTICE. THE QUESTION OR OFFICE TO BE VOTED UPON

20 SHALL BE STATED IN THE NOTICE OF THE ELECTION.

21 SEC. 315A. IF A SCHOOL BOARD REQUESTS A SPECIAL ELECTION TO

22 SUBMIT A BALLOT QUESTION OR OFFICE TO THE REGISTERED ELECTORS OF

23 THE SCHOOL DISTRICT AS PROVIDED IN SECTION 315, THE FOLLOWING

24 CLERK SHALL CONDUCT THE ELECTION, AS APPLICABLE:

25 (A) IF THE TERRITORY OF THE SCHOOL DISTRICT IS ALL OR PART

26 OF 1 CITY OR TOWNSHIP WITHIN 1 COUNTY, THE CLERK OF THAT CITY OR

27 TOWNSHIP SHALL CONDUCT THE SPECIAL ELECTION UNLESS HE OR SHE

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1 PROMPTLY NOTIFIES THE COUNTY CLERK OF HIS OR HER REFUSAL TO

2 CONDUCT THE ELECTION. IF THE CITY OR TOWNSHIP CLERK REFUSES, THE

3 COUNTY CLERK SHALL CONDUCT THE SPECIAL ELECTION.

4 (B) IF THE TERRITORY OF THE SCHOOL DISTRICT IS ALL OR PART

5 OF 1 CITY OR TOWNSHIP WITHIN MORE THAN 1 COUNTY, THE CLERK OF

6 THAT CITY OR TOWNSHIP SHALL CONDUCT THE SPECIAL ELECTION UNLESS

7 HE OR SHE PROMPTLY NOTIFIES THE COUNTY CLERK OF THE COUNTY WITH

8 THE LARGEST NUMBER OF REGISTERED SCHOOL ELECTORS OF THE SCHOOL

9 DISTRICT OF HIS OR HER REFUSAL TO CONDUCT THE ELECTION. IF THE

10 CITY OR TOWNSHIP CLERK REFUSES TO CONDUCT THE ELECTION, THE

11 COUNTY CLERK OF THE COUNTY WITH THE LARGEST NUMBER OF REGISTERED

12 SCHOOL ELECTORS OF THE SCHOOL DISTRICT SHALL CONDUCT THE SPECIAL

13 ELECTION.

14 (C) EXCEPT AS PROVIDED IN SUBDIVISION (D), IF THE TERRITORY

15 OF THE SCHOOL DISTRICT IS ALL OR PART OF MORE THAN 1 CITY OR

16 TOWNSHIP WITHIN 1 COUNTY, THE COUNTY CLERK SHALL CONDUCT THE SPE-

17 CIAL ELECTION, UNLESS THE CLERK OF THE CITY OR TOWNSHIP WITH THE

18 LARGEST NUMBER OF REGISTERED SCHOOL ELECTORS OF THE SCHOOL DIS-

19 TRICT REQUESTS TO CONDUCT THE SPECIAL ELECTION.

20 (D) IF THE TERRITORY OF THE SCHOOL DISTRICT IS ALL OR PART

21 OF MORE THAN 1 CITY OR TOWNSHIP WITHIN 1 COUNTY, AND THE CLERK OF

22 THE CITY OR TOWNSHIP WITH THE LARGEST NUMBER OF REGISTERED SCHOOL

23 ELECTORS OF THE SCHOOL DISTRICT DOES NOT REQUEST TO CONDUCT THE

24 SPECIAL ELECTION UNDER SUBDIVISION (C), THE CLERK OF ANOTHER CITY

25 OR TOWNSHIP WITHIN THE TERRITORY OF THE SCHOOL DISTRICT MAY

26 REQUEST TO CONDUCT THE SPECIAL ELECTION. IF THE CITY OR TOWNSHIP

27 CLERK REQUESTING TO CONDUCT THE SPECIAL ELECTION SUBMITS THE

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1 REQUEST TO THE COUNTY CLERK, IN WRITING, ALONG WITH A RESOLUTION

2 SUPPORTING THE REQUEST ADOPTED BY THE CITY COUNCIL OR TOWNSHIP

3 BOARD, THE COUNTY CLERK MAY DETERMINE THAT THE CITY OR TOWNSHIP

4 SHALL CONDUCT THE SPECIAL ELECTION.

5 (E) IF THE TERRITORY OF THE SCHOOL DISTRICT IS ALL OR PART

6 OF MORE THAN 1 CITY OR TOWNSHIP WITHIN MORE THAN 1 COUNTY, THE

7 COUNTY CLERK OF THE COUNTY WITH THE LARGEST NUMBER OF REGISTERED

8 SCHOOL ELECTORS OF THE SCHOOL DISTRICT SHALL CONDUCT THE SPECIAL

9 ELECTION.

10 SEC. 316. (1) IF A SCHOOL BOARD REQUESTS A SPECIAL ELECTION

11 TO SUBMIT A BALLOT QUESTION OR OFFICE TO THE REGISTERED ELECTORS

12 OF THE SCHOOL DISTRICT AS PROVIDED IN SECTION 315, THE SCHOOL

13 DISTRICT SHALL PAY TO EACH COUNTY, CITY, AND TOWNSHIP CONDUCTING

14 THE SPECIAL ELECTION UNDER SECTION 315A FOR THAT SCHOOL DISTRICT

15 AN AMOUNT DETERMINED BY THIS SECTION.

16 (2) IF THE SPECIAL ELECTION REQUESTED BY THE SCHOOL BOARD IS

17 HELD IN CONJUNCTION WITH ANOTHER ELECTION HELD IN THE COUNTY,

18 CITY, OR TOWNSHIP, THE SCHOOL DISTRICT SHALL PAY TO THE COUNTY,

19 CITY, OR TOWNSHIP 100% OF THE ACTUAL COSTS, INCLUDING REASONABLE

20 ADMINISTRATIVE COSTS, OF CONDUCTING THE SPECIAL ELECTION

21 REQUESTED BY THE SCHOOL BOARD. IF THE SPECIAL ELECTION REQUESTED

22 BY THE SCHOOL BOARD IS NOT HELD IN CONJUNCTION WITH ANOTHER ELEC-

23 TION HELD IN THE COUNTY, CITY, OR TOWNSHIP, THE SCHOOL DISTRICT

24 SHALL PAY TO THE COUNTY, CITY, OR TOWNSHIP 100% OF THE ACTUAL

25 COSTS OF CONDUCTING THE SPECIAL ELECTION.

26 (3) THE COUNTY, CITY, OR TOWNSHIP SHALL PRESENT TO THE

27 SCHOOL DISTRICT A VERIFIED ACCOUNT OF ACTUAL COSTS OF CONDUCTING

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1 THE SPECIAL ELECTION REQUESTED BY THE SCHOOL BOARD NOT LATER THAN

2 THE NINETIETH DAY AFTER THE DATE OF THE ELECTION. THE SCHOOL

3 BOARD SHALL PAY OR DISAPPROVE ALL OR A PORTION OF THE VERIFIED

4 ACCOUNT WITHIN 90 DAYS AFTER THE SCHOOL DISTRICT RECEIVES A VERI-

5 FIED ACCOUNT OF ACTUAL COSTS UNDER THIS SUBSECTION.

6 (4) IF THE SCHOOL BOARD DISAPPROVES ALL OR A PORTION OF A

7 VERIFIED ACCOUNT OF ACTUAL COSTS UNDER SUBSECTION (3), THE SCHOOL

8 BOARD SHALL SEND A NOTICE OF DISAPPROVAL ALONG WITH THE REASONS

9 FOR THE DISAPPROVAL TO THE COUNTY, CITY, OR TOWNSHIP. UPON

10 REQUEST OF A COUNTY, CITY, OR TOWNSHIP WHOSE VERIFIED ACCOUNT OR

11 PORTION OF A VERIFIED ACCOUNT WAS DISAPPROVED UNDER THIS SECTION,

12 THE SCHOOL BOARD SHALL REVIEW THE DISAPPROVED COSTS WITH THE

13 COUNTY, CITY, OR TOWNSHIP.

14 (5) SCHOOL BOARDS, COUNTIES, CITIES, AND TOWNSHIPS SHALL USE

15 THE AGREEMENT ON WHAT CONSTITUTES VALID COSTS OF CONDUCTING AN

16 ELECTION MADE UNDER SECTION 487(2) AS A BASIS FOR PREPARING AND

17 EVALUATING VERIFIED ACCOUNTS UNDER THIS SECTION. THE SECRETARY

18 OF STATE SHALL ASSIST SCHOOL BOARDS, COUNTIES, CITIES, AND TOWN-

19 SHIPS IN PREPARING AND EVALUATING VERIFIED ACCOUNTS UNDER THIS

20 SECTION.

21 Sec. 321. (1) Except as provided in subsection (3), and

22 section 327, AND SECTION 643B, the qualifications, nomination,

23 election, appointment, term of office, and removal from office of

24 any city officer shall be in accordance with the charter provi-

25 sions governing the city.

26 (2) Within 3 days after the last day on which a candidate

27 for a city office may withdraw, the city clerk shall deliver to

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1 the county clerk of the county in which the city is located a

2 list setting forth the name and address of each candidate for a

3 city office.

4 (3) If the membership of the legislative body of a city gov-

5 erned by the home rule city act, Act No. 279 of the Public Acts

6 of 1909, being sections 117.1 to 117.38 of the Michigan Compiled

7 Laws 1909 PA 279, MCL 117.1 TO 117.38, is reduced to less than a

8 quorum, unless another method of appointing members of the legis-

9 lative body is provided by the city charter, members of the leg-

10 islative body shall be ARE appointed as provided in this

11 subsection. The board of county election commissioners of the

12 county in which the largest portion of the population of the city

13 resides as reported by the last decennial census shall appoint

14 the number of members of the legislative body required to consti-

15 tute a quorum for the transaction of business by the legislative

16 body. A member of the legislative body appointed under this sub-

17 section shall hold the office only until the member's successor

18 is elected and qualified. Unless otherwise provided by charter,

19 the successor shall be elected at the next regular election for a

20 member of the legislative body or, if a regular election is not

21 scheduled to be held within 90 days after the appointment is made

22 under this subsection, the legislative body shall call a special

23 election for the successor to be held within 90 days after the

24 appointment is made. In either case, the THE SUCCESSOR SHALL BE

25 ELECTED AT THE NEXT REGULAR OR SPECIAL ELECTION DATE PROVIDED IN

26 SECTION 644 THAT IS NOT LESS THAN 60 DAYS AFTER THE APPOINTMENT

27 WAS MADE. THE successor shall serve for the balance of the

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1 unexpired term. A member who is appointed under this subsection

2 shall not vote on the appointment of himself or herself to an

3 elective or appointive city office. Notwithstanding any other

4 ANOTHER provision of law or charter to the contrary, an appoint-

5 ment to an elective or appointive city office made by a quorum

6 constituted by appointments under this subsection shall expire

7 upon the election and qualification of a sufficient number of

8 members of the legislative body so that the elected members con-

9 stitute a quorum.

10 Sec. 322. To obtain the printing of FOR the name of a

11 candidate of a political party for a city office, including a

12 ward office, TO APPEAR under the particular party heading on the

13 official primary election ballots for use in the city, there

14 NOMINATING PETITIONS shall be filed with the city clerk of the

15 city not later than 4 p.m. on the twelfth Tuesday preceding

16 BEFORE the August primary , or not later than 4 p.m. on the sev-

17 enth Monday preceding the primary election provided to be held on

18 the third Monday in February, nominating petitions ELECTION.

19 THE NOMINATING PETITIONS SHALL BE signed by a number of qualified

20 and registered electors of the political party who reside in the

21 city or ward as determined under section 544f. This section does

22 not apply to a city the IF THE CITY charter of which provides

23 for a different method of nominating candidates for public

24 office. The form of the petition shall be as provided in section

25 544c.

26 Sec. 358a. The township board of a township may call a

27 special election to be held in the township for the purpose of

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1 submitting any A proposition or propositions to the electors of

2 the township. A special election shall not be held within 30

3 days before or after a regular township or state primary or gen-

4 eral election ON A DATE PROVIDED IN SECTION 644. Notice of the

5 special election shall be given in the same manner now required

6 of regular elections held under this act BY SECTION 653A.

7 Sec. 370. (1) Except as provided in subsection (2), if a

8 vacancy occurs in an elective or appointive township office, the

9 vacancy shall be filled by appointment by the township board, and

10 the person appointed shall hold the office for the remainder of

11 the unexpired term.

12 (2) If 1 or more vacancies occur in an elective township

13 office that cause the number of members serving on the township

14 board to be less than the minimum number of board members that is

15 required to constitute a quorum for the transaction of business

16 by the board, the board of county election commissioners shall

17 make temporary appointment of the number of members required to

18 constitute a quorum for the transaction of business by the town-

19 ship board. An official appointed under this subsection shall

20 hold the office only until the official's successor is elected or

21 appointed and qualified. An official who is temporarily

22 appointed under this subsection shall not vote on the appointment

23 of himself or herself to an elective or appointive township

24 office.

25 (3) If a township official submits a written resignation

26 from an elective township office, for circumstances other than a

27 resignation related to a recall election, which THAT specifies

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1 a date and time at which WHEN the resignation is effective, the

2 township board, within 30 days before that effective date and

3 time, may appoint a person to fill the vacancy at the effective

4 date and time of the resignation. The resigning official shall

5 not vote on the appointment.

6 (4) Except as provided in subsection (5), if the township

7 board does not make an appointment under subsection (3), or if a

8 vacancy occurs in an elective township office and the vacancy is

9 not filled by the township board or the board of county election

10 commissioners within 45 days after the beginning of the vacancy,

11 the county clerk of the county in which the township is located

12 shall notify the governor of the fact. The governor shall call a

13 special election to fill the vacancy. The governor shall provide

14 for the date for the filing of the petitions, which AND THAT

15 date shall also be the last date to register for the special pri-

16 mary election. Notwithstanding section 358a, the special pri-

17 mary or special general election may be held within 60 days of a

18 state primary or a state general election. A special primary or

19 election called by the governor under authority of this section

20 shall DOES not affect the rights of a qualified elector to reg-

21 ister for any other election. A person elected to fill a vacancy

22 shall serve for the remainder of the unexpired term.

23 (5) Subsection (4) shall DOES not apply to the office of

24 township constable. If a vacancy occurs in the office of town-

25 ship constable, the township board shall determine if and when

26 the vacancy shall be filled. If the township board does not fill

27 the vacancy, the office of township constable shall remain vacant

00634'01 **

17

1 until the next general or special election in which the

2 township offices are filled.

3 Sec. 381. (1) Except as provided in subsection (3) (2),

4 and section 383, AND SECTION 644, the qualifications, nomina-

5 tion, election, appointment, term of office, and removal from

6 office of a village officer shall be pursuant to AS DETERMINED

7 BY the charter provisions governing the village.

8 (2) Within 3 days after the last day on which a candidate

9 for a village office may withdraw, the village clerk shall

10 deliver to the county clerk of the county in which the village is

11 located, a list setting forth the name and address of each candi-

12 date for a village office.

13 (2) (3) If the membership of the village council of a vil-

14 lage governed by Act No. 3 of the Public Acts of 1895, being

15 sections 61.1 to 74.22 of the Michigan Compiled Laws THE GENERAL

16 LAW VILLAGE ACT, 1895 PA 3, MCL 61.1 TO 74.25, is reduced to less

17 than a quorum of 4 and a special election for the purpose of

18 filling all vacancies in the office of trustee is called under

19 section 13 of Act No. 3 of the Public Acts of 1895, being

20 section 62.13 of the Michigan Compiled Laws CHAPTER II OF THE

21 GENERAL LAW VILLAGE ACT, 1895 PA 3, MCL 62.13, temporary appoint-

22 ments of trustees shall be made as provided in this subsection.

23 The board of county election commissioners of the county in which

24 the largest portion of the population of the village is situated

25 as reported by the last decennial census shall make temporary

26 appointment of the number of trustees required to constitute a

27 quorum for the transaction of business by the village council. A

00634'01 **

18

1 trustee appointed under this subsection shall hold the office

2 only until the trustee's successor is elected and qualified. A

3 trustee who is temporarily appointed under this subsection shall

4 not vote on the appointment of himself or herself to an elective

5 or appointive village office. Notwithstanding any other

6 ANOTHER provision of law or charter to the contrary, an appoint-

7 ment to an elective or appointive village office made by a quorum

8 constituted by temporary appointments under this subsection shall

9 expire upon the election and qualification of trustees under the

10 special election called to fill the vacancies in the office of

11 trustee.

12 Sec. 382. If the charter of a village does not specify the

13 time, manner, and means of nominating and electing its public

14 officers, the village shall nominate and elect its officers in

15 accordance with the provisions governing the selection of town-

16 ship officers, as provided in chapter 16 XVI of this act. ,

17 except that nomination by caucus or primary shall occur on the

18 third Monday in February and village elections shall be held on

19 the second Monday in March biennially in even numbered years or

20 annually as provided in section 5 of chapter 2 of Act No. 3 of

21 the Public Acts of 1895, being section 62.5 of the Michigan

22 Compiled Laws. HOWEVER, THE PRIMARY ELECTION AND REGULAR ELEC-

23 TION SHALL BE HELD ON THE DATES PROVIDED IN SECTION 644. IF NOM-

24 INATION IS BY CAUCUS, THE CAUCUS SHALL BE HELD ON THE DATE

25 REQUIRED BY SECTION 646A.

00634'01 **

19

1 Sec. 538. Primary notices shall be published and posted in

2 the same manner as nearly as may be as provided in section 653

3 of this act for elections 653A.

4 Sec. 635. It shall be lawful to call a A special election

5 for the submission of any proposition A BALLOT QUESTION MAY BE

6 CALLED on any regular or special primary day.

7 SEC. 643B. (1) IF THE REGULAR ELECTION FOR AN ELECTIVE

8 OFFICE IS REQUIRED TO BE HELD AT THE EVEN YEAR GENERAL ELECTION,

9 AND CANDIDATES FOR THE OFFICE ARE NOMINATED AT A PRIMARY ELEC-

10 TION, THE REGULAR PRIMARY ELECTION SHALL BE HELD ON THE FIRST

11 TUESDAY AFTER THE FIRST MONDAY IN AUGUST.

12 (2) UNLESS A REGULAR ELECTION FOR AN ELECTIVE OFFICE IS

13 REQUIRED TO BE HELD AT THE EVEN YEAR GENERAL ELECTION, THE ELEC-

14 TION SHALL BE HELD AT THE ODD YEAR GENERAL ELECTION. THE REGULAR

15 PRIMARY ELECTION FOR SUCH AN OFFICE, IF ANY, SHALL BE HELD AT THE

16 ODD YEAR PRIMARY ELECTION. THE NOMINATION, ELECTION, AND TERM OF

17 OFFICE SHALL BE AS PROVIDED BY SECTIONS 644A TO 646A, AND, TO THE

18 EXTENT CONSISTENT WITH SECTIONS 644A TO 646A, WITH THE PROVISIONS

19 OF THIS ACT AND ANY OTHER APPLICABLE LAW.

20 (3) EXCEPT FOR AN ELECTION CALLED BY THE GOVERNOR TO FILL A

21 VACANCY, A SPECIAL ELECTION FOR A BALLOT QUESTION OR OFFICE,

22 INCLUDING, BUT NOT LIMITED TO, A RECALL ELECTION, SHALL BE HELD

23 ON 1 OF THE ELECTION DATES PROVIDED IN SECTION 644.

24 Sec. 644b. A primary election to be known as the "odd

25 year primary election" shall be held on the FIRST Tuesday follow-

26 ing the first Monday in August of each odd numbered year. except

27 that a city may provide by ordinance adopted not less than 7

00634'01 **

20

1 months preceding the date of any regularly scheduled city odd

2 year general election that all regularly scheduled city odd year

3 primary elections shall be held on the Tuesday following the

4 second Monday in September.

5 Sec. 644c. Notwithstanding any A law or charter to the

6 contrary, the following ALL ELECTIVE officers, INCLUDING MUNIC-

7 IPAL JUDGES, shall be elected at the odd year general election,

8 : EXCEPT THOSE ELECTED AT THE EVEN YEAR NOVEMBER GENERAL ELEC-

9 TION AS PROVIDED UNDER SECTION 643.

10 (a) All judicial officers other than justices of the

11 supreme court and judges of the court of appeals. This provision

12 shall not be effective unless a constitutional amendment autho-

13 rizing the election of judges at odd numbered year elections is

14 adopted.

15 (b) All elective city officers, including municipal judges,

16 except as otherwise provided in this act.

17 Sec. 644e. All officers required to be elected at the odd

18 year general election shall be nominated at the odd year primary.

19 elections except where a city charter provides otherwise for

20 city officers. Where a city SUBJECT TO SECTION 382, IF A

21 charter provides for nomination by caucus or by filing a petition

22 or affidavit directly for the general election, or provides for

23 the election at the primary of a candidate who receives more than

24 50% of the votes cast for that office, the governing body by

25 ordinance may provide for a caucus date, filing date, or other

26 provisions to the extent necessary to be consistent with the odd

00634'01 **

21

1 year election requirement of this act and the intent of the

2 charter provisions.

3 Sec. 644g. (1) A term of office shall not be shortened by

4 the provisions of sections 644a 644 to 644l. An officer sched-

5 uled by prior law to be elected at a time other than in November

6 of an odd numbered year THE EVEN YEAR GENERAL ELECTION OR THE

7 ODD YEAR GENERAL ELECTION shall not be elected on the date sched-

8 uled but shall continue in office until a successor takes office

9 pursuant to AFTER BEING ELECTED IN the first odd year general

10 election following that date.

11 (2) Notwithstanding any A law OR CHARTER PROVISION to the

12 contrary, any AN officer required to be elected at the odd year

13 general election, who by law OR CHARTER is elected for a term of

14 an odd number of years shall, AFTER THE EFFECTIVE DATE OF THE

15 2001 AMENDATORY ACT THAT AMENDED THIS SECTION, be elected

16 hereafter for a term of 1 year longer than provided by law OR

17 CHARTER.

18 (3) In home rule cities where the charter provides for the

19 election of city officers at a time other than in November of odd

20 numbered years and provides that members of the governing body

21 are not all to be elected in the same year, the governing body by

22 ordinance adopted prior to April 1, 1971 , may alter the length

23 of terms now provided by charter to provide that the city may

24 continue to elect part of the governing body at each election. A

25 term shall not be extended beyond January 1 following the first

26 odd numbered year election at which the officer would be elected

00634'01 **

22

1 pursuant to AS PROVIDED BY charter. A term shall not be for

2 more than 4 years.

3 Sec. 646a. (1) If a local officer is to be elected at a

4 general November election, or on the first Monday of April in an

5 odd numbered year, candidates for the local office shall be nom-

6 inated in the manner provided by law or charter, SUBJECT TO SEC-

7 TION 643B. If the candidates are to be nominated at a fall pri-

8 mary election, the primary shall be held on the same day as is

9 provided by law for holding the county or state primary election

10 prior to such election, except as provided in section 646b. If

11 the candidates are to be elected in April, the primary shall be

12 held on the third Monday in February. If candidates for the

13 local office are to be nominated at caucuses, the caucuses shall

14 be held on a date prior to the date set for the above mentioned

15 primary election or on the Saturday preceding BEFORE the day of

16 the primary election, as determined by the local legislative body

17 at least 20 days preceding BEFORE the date of the caucus. If

18 candidates are nominated by filing petitions or affidavits, they

19 shall be filed at a time provided by charter but not later than

20 the date of the primary. If a THE local primary election is to

21 be held on the same day as any A state or county primary

22 election. , IF A STATE OR COUNTY PRIMARY ELECTION IS HELD, the

23 last day for local candidates to file nominating petitions shall

24 be IS the same as the last date to file petitions for state and

25 county offices. The names of all local candidates and titles of

26 office shall be certified to the county clerk by the local clerk

27 within 5 days after the last day for filing petitions, and

00634'01 **

23

1 certification of nominees shall be made to such THE COUNTY

2 clerk within 5 days after the date on which the primary or caucus

3 was held.

4 (2) If any A local or county questions are BALLOT QUES-

5 TION IS to be voted on at any A primary, special, or general

6 election at which state officers are to be voted for, the ballot

7 wording of the BALLOT question shall be certified to the local or

8 county clerk at least 70 days prior to such BEFORE THE

9 election. If the wording is certified to a clerk other than the

10 county clerk, the clerk shall certify the ballot wording to the

11 county clerk at least 68 days prior to BEFORE the election.

12 Petitions to place any A county or local questions BALLOT

13 QUESTION on the ballot at the election shall be filed with the

14 clerk at least 14 days before the date the ballot wording must be

15 certified to the local clerk.

16 (3) The provisions of this section apply notwithstanding any

17 provisions of law or charter to the contrary, unless an earlier

18 date for the filing of affidavits or petitions, including nomi-

19 nating petitions, is provided in any ANOTHER law or charter, in

20 which case the earlier filing date is controlling.

21 Sec. 963. (1) Within 35 days after the filing of the recall

22 petition, the filing official with whom the recall petition is

23 filed shall make an official declaration of the sufficiency or

24 insufficiency of the petition. If the recall petition is deter-

25 mined to be insufficient, the filing official shall notify the

26 person or organization sponsoring the recall of the insufficiency

27 of the petition. It is not necessary to give notification unless

00634'01 **

24

1 the person or organization sponsoring the recall files with the

2 filing official a written notice of sponsorship and a mailing

3 address.

4 (2) Immediately upon determining that the petition is suffi-

5 cient, but not later than 35 days after the date of filing of the

6 petition, the county clerk with whom the petition is filed shall

7 submit to the county election scheduling committee a proposed

8 SCHEDULE A date for a special election to be held, within 60

9 days after the submission to the county scheduling committee

10 SUBJECT TO SECTIONS 643B AND 644, to determine whether the elec-

11 tors will recall the officer whose recall is sought.

12 (3) If a petition is filed under section 959, the officer

13 FILING OFFICIAL with whom the petition is filed shall not submit

14 a proposed date to the county election scheduling committee but

15 shall call the special election subject to the time limitations

16 set out in this section 643B.

17 Sec. 971. (1) If the recall was IS successful, the

18 officer with whom the recall petition was filed shall, within 5

19 days after receiving the certification, submit to the county

20 election scheduling committee a proposed date for a special elec-

21 tion to be held within 60 days for the filling of the vacancy.

22 If any primary or election is to be held in that electoral dis-

23 trict within 4 months after the certification and at a time as

24 will permit preparation for the election by election officials as

25 provided by law, the election to fill the vacancy shall be held

26 concurrently with that primary or election. AN ELECTION TO FILL

27 THE VACANCY SHALL BE HELD AT THE NEXT REGULAR OR SPECIAL ELECTION

00634'01 **

25

1 DATE PROVIDED IN SECTION 644 THAT IS NOT LESS THAN 50 DAYS AFTER

2 THE RECALL ELECTION. The same provisions made in section 964

3 for calling and conducting of the recall election shall govern in

4 the calling and conducting of the election to fill the vacancy

5 created, except as otherwise provided in this section.

6 (2) If a petition is filed under section 959, the officer

7 with whom the petition is filed shall not submit a proposed date

8 to the county election scheduling committee but shall call the

9 special election subject to the same time limitations set out in

10 this section.

11 Enacting section 1. Sections 4, 5, 325, 348, 639, 640, 644j

12 to 646, and 646b of the Michigan election law, 1954 PA 116,

13 MCL 168.4, 168.5, 168.325, 168.348, 168.639, 168.640, 168.644j to

14 168.646, and 168.646b, are repealed.

15 Enacting section 2. This amendatory act takes effect

16 January 1, 2003.

17 Enacting section 3. This amendatory act does not take

18 effect unless all of the following bills of the 91st Legislature

19 are enacted into law:

20 (a) Senate Bill No. 438

21

22 (b) Senate Bill No. 439

23

24 (c) Senate Bill No. _____ or House Bill No. _____ (request

25 no. 00635'01 a *).

00634'01 ** Final page. CAS