HB-4824, As Passed Senate, December 11, 2003
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4824
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 2, 3, 4, 30a, 321, 322, 358a, 370, 381, 382,
500f, 500g, 501a, 505, 509n, 509r, 509gg, 538, 635, 643, 644e,
644g, 644k, 646a, 690, 821, 862, 863, 954, 963, 971, and 972
(MCL 168.2, 168.3, 168.4, 168.30a, 168.321, 168.322, 168.358a,
168.370, 168.381, 168.382, 168.500f, 168.500g, 168.501a, 168.505,
168.509n, 168.509r, 168.509gg, 168.538, 168.635, 168.643,
168.644e, 168.644g, 168.644k, 168.646a, 168.690, 168.821,
168.862, 168.863, 168.954, 168.963, 168.971, and 168.972),
sections 2 and 971 as amended by 2002 PA 163, 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 501a as
amended by 1995 PA 87, section 509n as amended by 1999 PA 216,
sections 509r and 509gg as added by 1994 PA 441, section 643 as
amended by 1998 PA 364, section 646a as amended by 2002 PA 431,
section 821 as amended by 1988 PA 275, section 963 as amended by
1999 PA 220, and section 972 as amended by 1989 PA 26, and by
adding chapter XIV and sections 642, 642a, and 659; and to repeal
acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2. As used in this act:
2 (a) "Absent voter" is defined in section 758.
3 (b) "Ballot container" is defined in section 14a.
4 (c) (a) "Business
day" or "secular day" means a day that is
5 not a Saturday, Sunday, or legal holiday.
6 (d) "Clearly observable boundaries" is defined in section
7 654a.
8 (e) (b) "Election"
means an election or primary election at
9 which the electors of this state or of a subdivision of this
10 state choose or nominate by ballot an individual for public
11 office or decide a ballot question lawfully submitted to them.
12 (c) "Name
that was formally changed" means a name changed by
13 a proceeding under
chapter XI of the probate code of 1939, 1939
14 PA 288, MCL 711.1 to
711.3, or former 1915 PA 314, or through a
15 similar, statutorily
sanctioned procedure under the law of
16 another state or
country.
17 (f) "Election precinct" is defined in section 654.
18 (g) "Fall" state and county conventions and "spring" state
19 and county conventions are assigned meanings in section 596.
20 (h) "General election" or "general November election" means
1 the election held on the November regular election date in an
2 even numbered year.
3 (i) "Immediate family" means an individual's father, mother,
4 son, daughter, brother, sister, and spouse and a relative of any
5 degree residing in the same household as that individual.
6 Sec. 3. The term
"general November election", as used in
7 this act, shall mean
the election provided to be held in the
8 state on the first
Tuesday after the first Monday of November in
9 every even numbered
year. As used in this act:
10 (a) "Locked and sealed" is defined in section 14.
11 (b) "Major political party" is defined in section 16.
12 (c) "Metal seal" or "seal" is defined in section 14a.
13 (d) "Name that was formally changed" means a name changed by
14 a proceeding under chapter XI of the probate code of 1939, 1939
15 PA 288, MCL 711.1 to 711.3, or former 1915 PA 314, or through a
16 similar, statutorily sanctioned procedure under the law of
17 another state or country.
18 (e) "Odd year general election" means the election held on
19 the November regular election date in an odd numbered year.
20 (f) "Odd year primary election" means the election held on
21 the August regular election date in an odd numbered year.
22 (g) "Primary" or "primary election" is defined in section 7.
23 (h) "Qualified elector" is defined in section 10.
24 (i) "Qualified voter file" is defined in section 509m.
25 (j) "Regular election" means an election held on a regular
26 election date to elect an individual to, or nominate an
27 individual for, elective office in the regular course of the
1 terms of that elective office.
2 (k) "Regular election date" means 1 of the dates established
3 as a regular election date in section 641.
4 (l) "Residence" is defined in section 11.
5 Sec. 4. The term
"biennial spring election", "spring
6 election" or
other similar term, as used in city or village
7 charters unless
otherwise defined therein, shall mean the local
8 election to be held on
the first Monday of April in every odd
9 numbered year. As used in this act:
10 (a) "School board" means the governing body of a school
11 district, including the board of trustees of a community
12 college.
13 (b) "School board member" means an individual holding the
14 office of school board member under the revised school code, 1976
15 PA 451, MCL 380.1 to 380.1852, or the office of board of trustees
16 member under the community college act of 1966, 1966 PA 331, MCL
17 389.1 to 389.195. School board member includes a school board
18 member of an intermediate school district if that intermediate
19 school district has adopted sections 615 to 617 of the revised
20 school code, 1976 PA 451, MCL 380.615 to 380.617.
21 (c) "School district" means a school district, a local act
22 school district, or an intermediate school district, as those
23 terms are defined in the revised school code, 1976 PA 451,
24 MCL 380.1 to 380.1852, or a community college district under the
25 community college act of 1966, 1966 PA 331, MCL 389.1 to 389.195.
26 (d) "School district election coordinating committee" means 1
27 of the following:
1 (i) For a school district whose entire territory lies within
2 a single city or township, a committee composed of the secretary
3 of the school board or his or her designee, the city or township
4 election commission, and the school district election
5 coordinator.
6 (ii) For a school district that has territory in more than 1
7 city or township, a committee composed of the secretary of the
8 school board or his or her designee, the school district election
9 coordinator, and the clerk of each city or township in which
10 school district territory is located.
11 (e) "School district election coordinator" means 1 of the
12 following:
13 (i) For a school district whose entire territory lies within
14 a single city or township, the city or township clerk.
15 (ii) For a school district that has territory in more than 1
16 city or township, the county clerk of the county in which the
17 largest number of registered school district electors reside.
18 (f) "September primary election" means the primary election,
19 or for a village that holds its regular election for a village
20 office in September, the regular election, held on the first
21 Tuesday after the second Monday in September in an odd year.
22 (g) "Special election" means an election to elect an
23 individual to, or nominate an individual for, a partial term in
24 office or to submit a ballot question to the electors.
25 (h) "Special primary" means a primary called by competent
26 authority for the nomination of candidates to be voted for at a
27 special election.
1 (i) "Uniform voting system" means the voting system that is
2 used at all elections in every election precinct throughout the
3 state.
4 (j) "Village" is defined in section 9.
5 Sec. 30a. (1) A 4-member board of canvassers is established
6 in every city and township having more than 5 precincts,
7 notwithstanding any a
statutory or charter provision, or any
8 other rule or law, to the contrary. All of the powers granted to
9 and duties required by law to be performed by city and township
10 boards of canvassers are granted to and required to be performed
11 by the boards of city and township canvassers in cities and
12 townships having more
than 5 precincts. School district
13 elections in cities of
over 5 precincts which are held in
14 conjunction with the
city elections shall be canvassed by the
15 city board of
canvassers. Members of the board of
canvassers
16 shall be appointed for terms of 4 years beginning the January 1
17 next following after their appointment. Of the members
first
18 appointed, 1 member of
each of the political parties represented
19 on the canvassing
board shall be appointed for a term ending
20 December 31, 1967, and 1 for a term ending December 31, 1965.
21 Members of the board of canvassers shall be notified of their
22 appointment within 5 days
thereafter after appointment by their
23 city or township clerk.
24 (2) The city council
or the township board of any a city or
25 township having more than 5 precincts may contract with the board
26 of supervisors commissioners
of the county in which all or the
27 greater portion of the city or township's population resides to
1 provide that the board of county canvassers of that county shall
2 perform all the functions of the board of city or township
3 canvassers. Financial
arrangements of such a contract with the
4 board of commissioners may provide that the city or township
5 shall bear all or part of
the cost of such the work of the
6 county board of canvassers.
7 CHAPTER XIV.
8 SCHOOL AND COMMUNITY COLLEGE ELECTIONS
9 Sec. 301. (1) Unless a particular power or duty of an
10 election official or a particular election procedure is
11 specifically governed by a provision of this chapter, a school
12 district election is governed by the provisions of this act that
13 generally govern elections.
14 (2) Except as provided in section 305, the school district
15 election coordinator for a school district shall conduct each
16 regular election and each special election that is requested by
17 the school board to submit a ballot question or to fill a vacancy
18 on the school board. In addition to receiving requests from the
19 school board to hold special elections, the school district
20 election coordinator shall do all of the following:
21 (a) Receive filing fees or nominating petitions and
22 affidavits of identity from candidates for school board and
23 petitions for special elections.
24 (b) Procure the necessary qualified voter file precinct
25 lists.
26 (c) Certify candidates.
27 (d) Receive ballot proposal language.
1 (e) Issue absent voter ballots.
2 (3) A school district election coordinator who is a county
3 clerk may delegate, if the city or township clerk agrees, all or
4 a portion of the school district election coordinator's duties to
5 that city or township clerk.
6 (4) A school district election coordinator who is a county
7 clerk may delegate the following duties to the city or township
8 clerk, who shall perform the following duties:
9 (a) Distribute, receive, and process absent voter ballot
10 applications for a school election.
11 (b) Make voting systems available for the conduct of a school
12 election.
13 (c) Make available to the school district election
14 coordinator the list of election inspectors for that city or
15 township.
16 Sec. 302. An individual is eligible for election as a
17 school board member if the individual is a citizen of the United
18 States and is a qualified and registered elector of the school
19 district the individual seeks to represent by the filing
20 deadline. At least 1 school board member for a school district
21 shall be elected at each of the school district's regular
22 elections held as provided in section 642a. Except as otherwise
23 provided in this section or section 310 or 644g, a school board
24 member's term of office is prescribed by the applicable provision
25 of section 11a, 617, 701, or 703 of the revised school code, 1976
26 PA 451, MCL 380.11a, 380.617, 380.701, and 380.703, or
27 section 34, 34a, 41, 54, or 83 of the community college act of
1 1966, 1966 PA 331, MCL 389.34, 389.34a, 389.41, 389.54, and
2 389.83. A school board member's term begins on 1 of the
3 following dates:
4 (a) If elected at an election held on a November regular
5 election date, January 1 immediately following the election.
6 (b) If elected at an election held on a May regular election
7 date, July 1 immediately following the election.
8 Sec. 303. (1) Subject to subsection (4), for an
9 individual's name to appear on the official ballot as a candidate
10 for school board member, the candidate shall file a nominating
11 petition and the affidavit required by section 558 with the
12 school district filing official not later than 4 p.m. on the
13 twelfth Tuesday before the election date. The nominating
14 petition must be signed by the following number of electors of
15 the school district:
16 (a) If the population of the school district is less than
17 10,000 according to the most recent federal census, a minimum of
18 6 and a maximum of 20.
19 (b) If the population of the school district is 10,000 or
20 more according to the most recent federal census, a minimum of 40
21 and a maximum of 100.
22 (2) The nominating petition shall be substantially in the
23 form prescribed in section 544c, except that the petition shall
24 be nonpartisan and shall include the following opening
25 paragraph:
26 We, the undersigned, registered and qualified voters of
27 _____________________________________ and residents of the
1 (legal name of school district)
2 ________________________, the county of _________________, state
3 (city or township)
4 of Michigan, nominate ________________________________
5 (name of candidate)
6 _______________________ __________________________, a registered
7 (street address) (city or township)
8 and qualified elector of the district as a member of the board of
9 education of the school district for a term of _____ years,
10 expiring _____, to be voted for at the election to be held on the
11 _____ day of __________, ________.
12 (month) (year)
13 (3) A school elector shall not sign petitions for more
14 candidates than are to be elected.
15 (4) Instead of filing nominating petitions, a candidate for
16 school board member may pay a nonrefundable filing fee of $100.00
17 to the school district filing official. If this fee is paid by
18 the due date for a nominating petition, the payment has the same
19 effect under this section as the filing of a nominating
20 petition.
21 (5) A nominating petition filed under this chapter is subject
22 to the examination and investigation process prescribed in
23 section 552 as to its sufficiency and the validity and
24 genuineness of the signatures on the nominating petition, and to
25 the other procedures prescribed in that section relevant to a
26 petition filed under this chapter.
27 (6) After a nominating petition is filed or filing fee is
1 paid for a candidate for school board member, the candidate is
2 not permitted to withdraw unless a written withdrawal notice,
3 signed by the candidate, is filed with the school district filing
4 official not later than 4 p.m. of the third day after the last
5 day for filing the nominating petition. If the school district
6 filing official is not a county clerk, the school district filing
7 official shall notify the county clerk of the candidates' names
8 and addresses not later than 3 days after the last day for filing
9 a withdrawal notice.
10 Sec. 305. (1) Within 30 days after the effective date of
11 this chapter, the school district election coordinating committee
12 for each school district shall hold an initial meeting. Within
13 14 days after convening the initial meeting, the school district
14 election coordinating committee shall file a report with the
15 secretary of state that sets forth the arrangements that are
16 agreed upon for the conduct of the school district's elections.
17 Each school district election coordinating committee member shall
18 sign the report and retain a copy.
19 (2) After filing its initial report under subsection (1), a
20 school district election coordinating committee shall meet at
21 2-year intervals to review and, if necessary, alter the election
22 arrangements set forth in its previous report. After each
23 review, a school district election coordinating committee shall
24 either notify the secretary of state in writing that its previous
25 report is not being altered or file with the secretary of state a
26 report with the alterations. Election arrangements made by the
27 clerks of the jurisdictions participating in the school district
1 election coordinating committee meeting are binding on the
2 participating jurisdictions for at least 2 years after the report
3 is filed, and each jurisdiction continues to be bound until an
4 altered report is filed.
5 (3) The arrangements agreed upon by a school district
6 election coordinating committee for the conduct of the school
7 district's elections shall accomplish at least both of the
8 following:
9 (a) If a school district election is held on the same day as
10 an election of a jurisdiction that overlaps with the school
11 district, an elector wishing to vote in both elections shall not
12 be required to vote at 2 different locations.
13 (b) If, before the filing of an initial report or of the
14 notice or altered report after its 2-year review, a city or
15 township clerk notifies the school district election coordinating
16 committee that the city or township clerk has decided to
17 participate in the conduct of the school district's elections,
18 the school district election coordinating committee shall include
19 that city or township clerk in its initial or an altered report
20 as the person conducting the school district's elections in the
21 clerk's city or township.
22 (4) Notwithstanding the other provisions of this chapter, if
23 a city or township is holding an election for elective office or
24 on a ballot question at the same time that a school district
25 located in whole or part in the city or township is holding an
26 election, the city or township clerk shall also conduct the
27 school district election within his or her jurisdiction. If a
1 city or township clerk is conducting a school election under this
2 subsection, the clerk shall use the same precincts that are used
3 for state and federal elections as the precincts for the school
4 district election. If these precincts change the polling place
5 location for school district electors, the clerk shall notify
6 those school district electors of the location of the different
7 polling place.
8 Sec. 307. (1) The appropriate board of canvassers as
9 prescribed in section 24a or 30a shall canvass the votes for
10 candidates for school board member and votes for and against a
11 ballot question at a regular or special election in each school
12 district. That number of candidates equal to the number of
13 individuals to be elected who receive the greatest number of
14 votes cast at the election, as set forth in the report of the
15 board of canvassers canvassing the votes, based upon the returns
16 from the election precincts or as determined by the board of
17 canvassers as a result of a recount, are elected to the office of
18 school board member. Upon completion of the canvass, the board
19 of canvassers shall make a statement of returns and certify the
20 election of school board members to the secretary of the school
21 board, the county clerk, and, if other than the county clerk, the
22 school district election coordinator.
23 (2) The votes cast for a candidate for school board member or
24 on a ballot question submitted to the electors at a school
25 election are subject to recount as provided in chapter XXXIII.
26 An individual elected to the office of school board member is
27 subject to recall as provided in chapter XXXVI and in section 8
1 of article II of the state constitution of 1963.
2 Sec. 308. A local official who receives the certification
3 of the board of canvassers under section 307 shall preserve and
4 file in his or her office the certified statement of returns and
5 certification of the board of canvassers of the result of the
6 election. The city, township, or county clerk who is the
7 secretary to the board of canvassers canvassing the school board
8 election shall immediately execute and provide to the individuals
9 declared elected to the office of school board member a
10 certificate of election.
11 Sec. 310. (1) Before entering upon the duties of his or her
12 office, an individual elected to the office of school board
13 member shall take and subscribe to the oath provided in section 1
14 of article XI of the state constitution of 1963.
15 (2) The office of a school board member becomes vacant
16 immediately, regardless of declaration by an officer or
17 acceptance by the school board or 1 or more of its members, upon
18 any of the following events:
19 (a) The death of the school board member.
20 (b) The school board member's being adjudicated insane or
21 being found to be a legally incapacitated individual by a court
22 of competent jurisdiction.
23 (c) The school board member's resignation.
24 (d) The school board member's removal from office.
25 (e) The school board member's conviction for a felony.
26 (f) The school board member's election or appointment being
27 declared void by a competent tribunal.
1 (g) The school board member's neglect or failure to file the
2 acceptance of office, to take the oath of office, or to give or
3 renew an official bond required by law.
4 (h) The school board member ceasing to possess the legal
5 qualifications for holding office.
6 (i) The school board member moving his or her residence from
7 the school district.
8 Sec. 311. (1) If less than a majority of the offices of
9 school board member of a school district become vacant, the
10 remaining school board members shall fill each vacant office by
11 appointment. If a vacancy in the office of school board member
12 is not filled within 30 days after the vacancy occurs or if a
13 majority of the offices of school board member of a school
14 district become vacant, the intermediate school board for that
15 school district shall fill each vacancy by appointment. An
16 individual appointed under this subsection serves until a
17 successor is elected and qualified.
18 (2) If a vacancy occurs in an office of school board member
19 more than 90 days before a regular school election, an election
20 shall be held at that regular school election to fill that office
21 for the remainder of the office's unexpired term, if any. This
22 subsection applies regardless of whether an individual is
23 appointed under subsection (1) to fill the vacancy.
24 Sec. 312. (1) A school board may submit a ballot question
25 to the school electors on a regular election date, on a date when
26 a city or township within the school district's jurisdiction is
27 holding an election by adopting a resolution to that effect not
1 less than 70 days before the election date, or on a special
2 election date as provided in section 641(4). The school board
3 shall certify the ballot question language to the school district
4 election coordinator not less than 70 days before the election
5 date. If the ballot question is submitted on the same date as an
6 election for a state or county office, the school district
7 election coordinator shall send a copy of the ballot question
8 language to the county clerk of each county not less than 68 days
9 before the election.
10 (2) If a special election is called on a date provided under
11 section 641(4), the school district election coordinating
12 committee shall schedule the special election date.
13 Sec. 315. (1) A school district shall pay to each county,
14 city, and township that conducts a regular or special election
15 for the school district an amount determined in accordance with
16 this section.
17 (2) If a school district's regular or special election is
18 held in conjunction with another election conducted by a county,
19 city, or township, the school district shall pay the county,
20 city, or township 100% of the actual additional costs
21 attributable to conducting the school district's regular or
22 special election. If a school district's regular or special
23 election is not held in conjunction with another election
24 conducted by a county, city, or township, the school district
25 shall pay the county, city, or township 100% of the actual costs
26 of conducting the school district's regular or special election.
27 (3) The county, city, or township shall present to a school
1 district a verified account of actual costs of conducting the
2 school district's regular or special election not later than 84
3 days after the date of the election. The school board shall pay
4 or disapprove all or a portion of the verified account within 84
5 days after the school district receives a verified account of
6 actual costs under this subsection.
7 (4) If the school board disapproves all or a portion of a
8 verified account of actual costs under subsection (3), the school
9 board shall send a notice of disapproval along with the reasons
10 for the disapproval to the county, city, or township. Upon
11 request of a county, city, or township whose verified account or
12 portion of a verified account was disapproved under this section,
13 the school board shall review the disapproved costs with the
14 county, city, or township.
15 (5) A school board, county, city, or township shall use the
16 agreement made between the department of treasury and the
17 secretary of state, as required by section 487, as a basis for
18 preparing and evaluating verified accounts under this section.
19 The secretary of state shall assist a school board, county, city,
20 or township in preparing and evaluating a verified account under
21 this section. If a county, city, or township and a school board
22 cannot agree on the actual costs of an election as prescribed by
23 this section, the secretary of state shall determine those actual
24 costs.
25 Sec. 321. (1) Except as provided in subsection (3) and
26 section sections 327, 641, 642, and 644g, the
qualifications,
27 nomination, election, appointment, term of office, and removal
1 from office of any a
city officer shall be in accordance with
2 the charter provisions governing the city.
3 (2) Within 3 days after the last day on which a candidate for
4 a city office may withdraw, the city clerk shall deliver to the
5 county clerk of the county in which the city is located a list
6 setting forth the name and address of each candidate for a city
7 office.
8 (3) If the membership of the legislative body of a city
9 governed by the home rule
city act, Act No. 279 of the Public
10 Acts of 1909, being
sections 117.1 to 117.38 of the Michigan
11 Compiled Laws 1909 PA 279, MCL 117.1 to 117.38, is reduced
to
12 less than a quorum, unless another method of appointing members
13 of the legislative body is provided by the city charter, members
14 of the legislative body shall
be are appointed as provided in
15 this subsection. The board of county election commissioners of
16 the county in which the largest portion of the population of the
17 city resides as
reported by the last decennial census shall
18 appoint the number of members of the legislative body required to
19 constitute a quorum for the transaction of business by the
20 legislative body. A member of the legislative body appointed
21 under this subsection shall hold the office only until the
22 member's successor is
elected and qualified. Unless otherwise
23 provided by charter,
the successor shall be elected at the next
24 regular election for a
member of the legislative body or, if a
25 regular election is
not scheduled to be held within 90 days after
26 the appointment is
made under this subsection, the legislative
27 body shall call a
special election for the successor to be held
1 within 90 days after
the appointment is made. In either case,
2 the The successor shall be elected at a special or
regular
3 election on the next regular election date that is not less than
4 60 days after the appointment is made. The successor shall serve
5 for the balance of the unexpired term. A member who is appointed
6 under this subsection shall not vote on the appointment of
7 himself or herself to an elective or appointive city office.
8 (4)
Notwithstanding any other another provision of law or
9 charter to the contrary, an appointment to an elective or
10 appointive city office made by a quorum constituted by
11 appointments under this subsection
shall expire section expires
12 upon the election and qualification of a sufficient number of
13 members of the legislative body so that the elected members
14 constitute a quorum.
15 Sec. 322. To
obtain the printing of For the name of a
16 candidate of a political party for a city office, including a
17 ward office, to appear under the particular party heading on the
18 official primary election
ballots for use in the city, there a
19 nominating petition shall
be filed with the city clerk of the
20 city not later than 4
p.m. on the twelfth Tuesday preceding
21 before the August primary, or not later than 4 p.m. on the
22 seventh Monday
preceding the primary election provided to be
23 held on the third
Monday in February, nominating petitions
24 twelfth Tuesday before the September primary election for a city
25 that holds a September primary election. A nominating petition
26 shall be signed by a number of qualified and registered electors
27 of the political party who reside in the city or ward as
1 determined under section 544f. This section does not apply to a
2 city the if
the city charter of which provides for a
3 different method of nominating candidates for public office. The
4 form of the petition shall be as provided in section 544c.
5 Sec. 358a. The township board of a township may call a
6 special election to be held in the township for the purpose of
7 submitting any
proposition or propositions a ballot question to
8 the electors of the
township. A special election shall not be
9 held within 30 days
before or after a regular township or state
10 primary or general
election on a regular election
date. Notice
11 of the special election
shall be given in the same manner now
12 required of regular
elections held under this act by
13 section 653a.
14 Sec. 370. (1) Except as provided in subsection (2), if a
15 vacancy occurs in an elective or appointive township office, the
16 vacancy shall be filled by appointment by the township board, and
17 the person appointed shall hold the office for the remainder of
18 the unexpired term.
19 (2) If 1 or more vacancies occur in an elective township
20 office that cause the number of members serving on the township
21 board to be less than the minimum number of board members that is
22 required to constitute a quorum for the transaction of business
23 by the board, the board of county election commissioners shall
24 make temporary appointment of the number of members required to
25 constitute a quorum for the transaction of business by the
26 township board. An official appointed under this subsection
27 shall hold the office only until the official's successor is
1 elected or appointed and qualified. An official who is
2 temporarily appointed under this subsection shall not vote on the
3 appointment of himself or herself to an elective or appointive
4 township office.
5 (3) If a township official submits a written resignation from
6 an elective township office, for circumstances other than a
7 resignation related to a
recall election, which that specifies
8 a date and time at
which when the resignation is effective, the
9 township board, within 30 days before that effective date and
10 time, may appoint a person to fill the vacancy at the effective
11 date and time of the resignation. The resigning official shall
12 not vote on the appointment.
13 (4) Except as provided in subsection (5), if the township
14 board does not make an appointment under subsection (3), or if a
15 vacancy occurs in an elective township office and the vacancy is
16 not filled by the township board or the board of county election
17 commissioners within 45 days after the beginning of the vacancy,
18 the county clerk of the county in which the township is located
19 shall notify the governor of the fact. The governor shall call a
20 special election to fill the vacancy. The governor shall provide
21 for the date for the
filing of the petitions, which and that
22 date shall also be the last date to register for the special
23 primary election. Notwithstanding
section 358a, the special
24 primary or special
general election may be held within 60 days of
25 a state primary or a
state general election. A special
primary
26 or election called by the governor under authority of this
27 section shall does
not affect the rights of a qualified elector
1 to register for any other election. A person elected to fill a
2 vacancy shall serve for the remainder of the unexpired term.
3 (5) Subsection (4) shall
does not apply to the office of
4 township constable. If a vacancy occurs in the office of
5 township constable, the township board shall determine if and
6 when the vacancy shall be filled by appointment. If the township
7 board does not fill the vacancy by appointment, the office of
8 township constable shall remain vacant until the next general or
9 special election in which
the township offices are filled.
10 Sec. 381. (1) Except
as provided in subsection (3) (2)
11 and section sections
383, 641, 642, and 644g, the
12 qualifications, nomination, election, appointment, term of
13 office, and removal from office of a village officer shall be
14 pursuant to as determined by the charter provisions
governing
15 the village.
16 (2) Within 3 days
after the last day on which a candidate
17 for a village office
may withdraw, the village clerk shall
18 deliver to the county
clerk of the county in which the village is
19 located, a list
setting forth the name and address of each
20 candidate for a village
office.
21 (2) (3) If
the membership of the village council of a
22 village governed by Act
No. 3 of the Public Acts of 1895, being
23 sections 61.1 to 74.22
of the Michigan Compiled Laws the
general
24 law village act, 1895 PA 3, MCL 61.1 to 74.25, is reduced to less
25 than a quorum of 4 and a special election for the purpose of
26 filling all vacancies in the office of trustee is called under
27 section 13 of Act No.
3 of the Public Acts of 1895, being
1 section 62.13 of the
Michigan Compiled Laws chapter II
of the
2 general law village act, 1895 PA 3, MCL 62.13, temporary
3 appointments of trustees shall be made as provided in this
4 subsection. The board of county election commissioners of the
5 county in which the largest portion of the population of the
6 village is situated as
reported by the last decennial census
7 shall make temporary appointment of the number of trustees
8 required to constitute a quorum for the transaction of business
9 by the village council. A trustee appointed under this
10 subsection shall hold the office only until the trustee's
11 successor is elected and qualified. A trustee who is temporarily
12 appointed under this subsection shall not vote on the appointment
13 of himself or herself to an elective or appointive village
14 office.
15 (3)
Notwithstanding any other another provision of law or
16 charter to the contrary, an appointment to an elective or
17 appointive village office made by a quorum constituted by
18 temporary appointments
under this subsection shall expire
19 expires upon the election and qualification of trustees under the
20 special election called to fill the vacancies in the office of
21 trustee.
22 Sec. 382. If Except
as otherwise provided in this act,
23 the general law village act, 1895 PA 3, MCL 61.1 to 74.25, or the
24 home rule village act, 1909 PA 278, MCL 78.1 to 78.28, if the
25 charter of a village does not specify the time, manner, and means
26 of nominating and electing its public officers, the village shall
27 nominate and elect its officers in accordance with the provisions
1 governing the selection of township officers, as provided in
2 chapter XV. 16
of this act, except that nomination by caucus or
3 primary shall occur on
the third Monday in February and village
4 elections shall be
held on the second Monday in March biennially
5 in even numbered years
or annually as provided in section 5 of
6 chapter 2 of Act No. 3
of the Public Acts of 1895, being section
7 62.5 of the Michigan
Compiled Laws.
8 Sec. 500f. The clerk of a township shall transmit to the
9 village clerk of a
village , the whole or part of which that
10 lies partly or
completely in the township , the information
11 necessary to complete the village registration of a person
12 registered under sections
500a to 500j. The clerk of a city or
13 township shall
transmit to the secretary of a school district,
14 where applicable, the
information on the application of a person
15 residing within the
school district and registered under sections
16 500a to 500j.
17 Sec. 500g. A registration card prepared under sections 500a
18 to 500j shall be sworn to and signed by the voter at the first
19 election during which the voter appears at the polls, or may be
20 signed in the office
of the secretary of the school district or
21 in the clerk's office. The application shall be retained by
the
22 city or township clerk for signature purposes until the
23 registration card is signed, except that the application shall be
24 sent to the appropriate precinct for each election until the
25 registration card is signed. The secretary of state may provide
26 an application form which
that allows a completed affidavit
27 attestation to be attached to a registration card prepared by a
1 local clerk. The registrant shall not be required to sign a
2 registration card if the
completed affidavit attestation is
3 attached.
4 Sec. 501a. The board
of election commission commissioners
5 of a city, village, or township may authorize the clerk of the
6 city, village, or township to create a registration list. The
7 registration list shall be alphabetically arranged and shall
8 contain the name of each registered elector in a precinct. The
9 name shall be followed by the address and date of birth of the
10 elector. The board of
election commission commissioners may
11 also provide that the registration list may be used instead of
12 the precinct registration file when this act provides for the use
13 of a precinct
registration file. A school district or an
14 intermediate school
district may also use a registration list
15 instead of the
precinct registration file when a precinct
16 registration file is
required. A city, village, or
township
17 shall maintain a file containing the signature of each elector
18 registered in the city, village, or township.
19 Sec. 505. (1) At the time an elector is applying for
20 registration, the registration officer shall ascertain if the
21 elector is already registered as a voter. If the elector is
22 previously registered, the elector shall at the time of applying
23 for registration sign an
authorization to cancel any a previous
24 registration. The secretary of state shall prescribe forms for
25 this purpose. The form may be a part of the application or a
26 separate form. The clerk of the city or township in which the
27 elector is newly registered shall notify the registration officer
1 of the place of previous registration of the authorization to
2 cancel.
3 (2) An
authorization to cancel which that indicates a
4 previous address in a state other than this state shall be
5 forwarded to the secretary of state of that state. Notice may be
6 made by forwarding the separate cancellation form, by forwarding
7 the portion of an application listing a previous place of
8 registration, or by forwarding a list certified by the clerk
9 containing the names of people authorizing cancellation.
10 (3) Notices of cancellation shall contain the name, birth
11 date, and address at which the elector was previously registered,
12 and the name of the city or township of previous registration of
13 all persons authorizing cancellations. Notices shall be sent
14 within 30 days after receipt, but not later than 5 days after the
15 close of registration.
16 (4) Upon receipt of the notice, the clerk shall cancel the
17 registration of the persons listed on the notice. The clerk
18 receiving the notice
shall also notify the registration officer
19 clerk of each village and
school district in which the a
20 person listed on the notice resides of receipt of an
21 authorization to cancel. An authorization to cancel a voter
22 registration signed by the voter and received from another state
23 or a notice from an election official of another state that an
24 elector has registered in
that state shall have has the same
25 force and effect as the notice of authorization to cancel of this
26 state.
27 Sec. 509n. The secretary of state is responsible for the
1 coordination of the requirements imposed under this chapter and
2 the national voter registration act of 1993. The secretary of
3 state shall do all of the following:
4 (a) Develop a mail registration form and make the form
5 available for distribution through governmental and private
6 entities, with special emphasis on making the form available to
7 voter registration programs established for the purpose of
8 registering citizens of this state to vote.
9 (b) Instruct designated
voter registration agencies ; and
10 county, city, township,
and village clerks ; and school
11 officials regarding about the voter registration procedures and
12 requirements imposed by law.
13 (c) By June 15 of each odd numbered year, submit to each
14 member of the committees of the senate and house of
15 representatives with primary responsibility for election matters
16 a report on the qualified voter file. The report shall include,
17 but need not be limited to, both of the following:
18 (i) Information on the efficiency and effectiveness of the
19 qualified voter file as a voter registration system.
20 (ii) Any recommendations Recommendations
of the secretary
21 of state for amendments to this act to increase the efficiency
22 and effectiveness of the qualified voter file as a voter
23 registration system.
24 Sec. 509r. (1) The secretary of state shall establish and
25 maintain the computer system and programs necessary to the
26 operation of the qualified voter file. The secretary of state
27 shall allow each county, city, township, or village access to the
1 qualified voter file. The county, city, township, and village
2 clerks shall verify the accuracy of the names and addresses of
3 registered voters in the qualified voter file.
4 (2) Subject to subsection (3), the secretary of state and
5 county, city, township, and village clerks shall compile the
6 qualified voter file that consists of all qualified electors from
7 the following sources and in the following priority:
8 (a) A driver's license or, if there is no driver's license, a
9 state personal identification card, including renewals and
10 changes of address with the department of state.
11 (b) An application for benefits or services, including
12 renewals and changes of address, taken by a designated voter
13 registration agency.
14 (c) An application to register to vote taken by a county,
15 city, township, or
village clerk. or secretary of a school
16 board.
17 (3) A person whose name does not otherwise appear in the
18 qualified voter file shall be placed in the qualified voter file
19 only if the person signs under penalty of perjury an application
20 that contains an attestation that the applicant meets all of the
21 following requirements:
22 (a) Is 17-1/2 years of age or older.
23 (b) Is a citizen of the United States and this state.
24 (c) Is a resident of the city or township where the person's
25 street address is located.
26 (4) A designated voter registration agency or a county, city,
27 township, or village clerk shall not add to, delete from, or
1 change any information contained in the qualified voter file
2 during the period beginning on the seventh day before an election
3 and ending on the day of the election.
4 Sec. 509gg. The information described in this section that
5 is contained in a registration record is exempt from the freedom
6 of information act, Act
No. 442 of the Public Acts of 1976,
7 being sections 15.231
to 15.246 of the Michigan Compiled Laws
8 1976 PA 442, MCL 15.231 to 15.246. The secretary of state, a
9 designated voter registration agency, or a county, city,
10 township, or village
clerk , or the secretary of a school board
11 shall not release a copy of that portion of a registration record
12 that contains any of the following:
13 (a) The record that a person declined to register to vote.
14 (b) The office that received a registered voter's
15 application.
16 (c) A registered
voter's driver driver's license or state
17 personal identification card number.
18 (d) The month and day of birth of a registered voter.
19 (e) The telephone number provided by the registered voter.
20 Sec. 538. Primary election notices shall be published and
21 posted in the same
manner as nearly as may be as provided in
22 section 653 of this
act for elections 653a.
23 Sec. 635. It
shall be lawful to call a A special election
24 for the submission of any
a proposition on any regular or
25 special primary day may be held on a regular election date.
26 Sec. 642. (1) Except as otherwise provided in this section
27 and section 642a, on the effective date of this act, a city shall
1 hold its regular election or regular primary election as
2 follows:
3 (a) A city shall hold its regular election for a city office
4 at the odd year general election.
5 (b) A city shall hold its regular election primary at the odd
6 year primary election.
7 (c) A city that holds its regular election for a city office
8 annually on the November regular election date shall continue
9 holding elections on that schedule.
10 (2) If, on the effective date of this section, a city holds
11 its regular election at other than the odd year general election
12 or annually on the regular November election date, the city
13 council may choose to hold the regular election on the May
14 regular election date by adopting a resolution in compliance with
15 this section. Except as provided in section 642a, if a city
16 council adopts the resolution in compliance with this section to
17 hold its regular election on the May regular election date, after
18 December 31, 2004, the city's regular election is on the May
19 regular election date. If a city's regular election is held on
20 the May regular election date, the city's regular election
21 primary shall be held on the February regular election date
22 immediately before its regular election.
23 (3) If, on the effective date of this section, a city holds
24 its regular election annually on the November regular election
25 date, the city council may choose to hold the regular election at
26 the odd year general election by adopting a resolution in
27 compliance with this section. Except as provided in section
1 642a, if a city council adopts the resolution in compliance with
2 this section to hold its regular election at the odd year general
3 election, after December 31, 2004, the city's regular election is
4 at the odd year election. If a city's regular election is held
5 at the odd year general election, the city's regular election
6 primary shall be held at the odd year primary election.
7 (4) If, on the effective date of this section, a city holds
8 its regular election primary at the September primary election,
9 the city council may choose to continue holding its regular
10 election primary at the September primary election by adopting a
11 resolution in compliance with this section. Except as provided
12 in section 642a(2), if a city council adopts the resolution in
13 compliance with this section to hold its regular election primary
14 at the September primary election, after December 31, 2004, the
15 city's regular election primary is at the September primary
16 election.
17 (5) Except as otherwise provided in this section and section
18 642a, on the effective date of this act, a village shall hold its
19 regular election as follows:
20 (a) A village shall hold its regular election for a village
21 office at the general election and the appropriate township clerk
22 shall conduct the election.
23 (b) A village shall not hold a regular primary election.
24 (6) A village council may choose to hold the regular election
25 at the September primary election by adopting a resolution in
26 compliance with this section. Except as provided in section
27 642a, if a village council adopts the resolution in compliance
House Bill No. 4824 as amended December 11, 2003
1 with this section to hold its regular election at the September
2 primary election, after December 31, 2004, the village's regular
3 election is at the September primary election. <<If a village's regular or special election is held in conjunction with another election conducted by a township, the village shall pay the township a proportionate share of the election expenses. If a village's regular or special election is not held in conjunction with another election conducted by a township, the village shall pay the township 100% of the actual costs of conducting the village's regular or special election.>>
4 (7) Except as otherwise provided in this section and section
5 642a, on the effective date of this act, a school district shall
6 hold its regular election for the office of school board member
7 at the odd year general election.
8 (8) If, on the effective date of this section, a school
9 district holds its regular election at other than the odd year
10 general election, the school district's school board may choose
11 to hold its regular election on 1 of the following by adopting a
12 resolution in compliance with this section:
13 (a) The odd year May regular election date.
14 (b) The general election in both even and odd years.
15 (c) The May regular election date in both even and odd
16 years.
17 (9) A resolution permitted under section 642a is valid only
18 if a city council, village council, or school board adopts the
19 resolution in compliance with all of the following:
20 (a) The resolution is adopted before 1 of the following:
21 (i) If the resolution is permitted under subsection (2), (3),
22 (4), (6), or (8) of this section, January 1, 2005.
23 (ii) If the resolution is permitted under section 642a(1),
24 (2), or (3), January 1 of the year in which the change in the
25 date of the election takes effect.
26 (b) Before adopting the resolution, the council or school
27 board holds at least 1 public hearing on the resolution.
1 (c) The council or school board gives notice of each public
2 hearing on the resolution in a manner designed to reach the
3 largest number of the jurisdiction's qualified electors in a
4 timely fashion, and the notice states at least the following, as
5 applicable:
6 (i) That the hearing is being held on the issue of whether to
7 schedule the city's regular election on the May regular election
8 date and that, if the resolution is not adopted, the city's
9 regular election will be held at the odd year general election.
10 (ii) That the hearing is being held on the issue of whether
11 to schedule the city's regular election primary at the September
12 primary election and that, if the resolution is not adopted, the
13 city's regular election primary will be held on the odd year
14 primary election.
15 (iii) That the hearing is being held on the issue of whether
16 to schedule the village's regular election at the September
17 primary election and that, if the resolution is not adopted, the
18 village's regular election will be held at the general election.
19 (iv) That the hearing is being held on the issue of whether
20 to schedule the school district's regular election at other than
21 the odd year general election and that, if the resolution is not
22 adopted, the school district's regular election will be held at
23 the odd year general election. The notice shall specifically
24 state the regular election date permitted under subsection (8) on
25 which the school board is proposing that the school district's
26 regular election be held.
27 (v) That the hearing is being held on the issue of whether to
1 schedule the school district's regular election at the odd year
2 general election and that, if the resolution is not adopted, the
3 school district's regular election will continue to be held on
4 the date on which it is currently being held.
5 (d) The council or school board votes on the resolution
6 immediately following the close of a public hearing on the
7 resolution and, on a record roll call vote, a majority of the
8 council's or school board's members, elected or appointed, and
9 serving, adopt the resolution.
10 (e) The council or school board files the resolution with the
11 secretary of state.
12 (10) This section takes effect September 1, 2004.
13 Sec. 642a. (1) After December 31, 2004, a city council that
14 adopted a resolution so that its regular election is held on the
15 May regular election date may change its regular election to the
16 odd year general election by adopting a resolution in compliance
17 with section 642. If a city council adopts the resolution in
18 compliance with section 642 to hold its regular election at the
19 odd year general election, after December 31 of the year in which
20 the resolution is adopted, the city's regular election is at the
21 odd year general election.
22 (2) After December 31, 2004, a city council that adopted a
23 resolution so that its regular election primary is held at the
24 September primary election may change its regular election
25 primary to the odd year primary election by adopting a resolution
26 in compliance with section 642. If a city council adopts the
27 resolution in compliance with section 642 to hold its regular
1 election primary on the odd year primary election date, after
2 December 31 of the year in which the resolution is adopted, the
3 city's regular election primary is on the odd year primary
4 election date.
5 (3) After December 31, 2004, a school district's school
6 board that adopted a resolution so that its regular election is
7 held on a date other than at the odd year general election may
8 change its regular election to the odd year general election by
9 adopting a resolution in compliance with section 642. If a
10 school board adopts the resolution in compliance with section 642
11 to hold its regular election at the odd year general election,
12 after December 31 of the year in which the resolution is adopted,
13 the school board's school district shall hold its regular
14 election at the odd year general election.
15 (4) This section takes effect September 1, 2004.
16 Sec. 643. At the
general November elections election, the
17 following officers shall be elected when required by law:
18 (a) Presidential electors.
19 (b) In the state at large, a governor and a lieutenant
20 governor, a secretary of state, and an attorney general.
21 (c) A United States senator.
22 (d) In each congressional district, a representative in
23 congress.
24 (e) In each state senatorial district, a state senator.
25 (f) In each state representative district, a representative
26 in the state legislature.
27 (g) Justices of the supreme court.
1 (h) Two members of
the state board of education. , except as
2 provided in section
282a.
3 (i) Two regents of the University of Michigan.
4 (j) Two trustees of Michigan State University.
5 (k) Two governors of Wayne State University.
6 (l) In each county or district, judges of the court of
7 appeals, a judge or judges of the circuit court, a judge or
8 judges of probate, a judge or judges of the district court, a
9 prosecuting attorney, a sheriff, a treasurer, an auditor, a mine
10 inspector, a county road commissioner, a drain commissioner, a
11 surveyor, and, subject to section 200, a clerk and a register of
12 deeds or a clerk register.
13 (m) Township officers.
14 (n) Any other officers required by law to be elected at that
15 election.
16 Sec. 644e. All
officers Except as provided in section
17 642, an officer required to be elected at the odd year general
18 election shall be
nominated at the odd year primary elections
19 except where a city
charter provides otherwise for city
20 officers. Where a
city election. 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
27 year general election requirement of this act and the intent of
1 the charter provisions.
2 Sec. 644g. (1) A term of office shall not be shortened by
3 the provisions of
sections 644a 641 to 644l 644i.
An officer
4 scheduled by prior law to
be elected at a time other than in
5 November of an odd
numbered year the odd year
general election
6 shall not be elected on the date scheduled but shall continue in
7 office until a successor
takes office pursuant to after being
8 elected in the first odd year general election following that
9 date. If the regular election date for holding a jurisdiction's
10 regular election is changed under section 642 or 642a, the term
11 of an official who was elected before the effective date of the
12 change continues until a successor is elected and qualified at
13 the next regular election following the date the official's term
14 would have ended but for the change of the day of the
15 jurisdiction's regular election.
16 (2) Notwithstanding any
a law or charter provision to the
17 contrary, any an
officer required to be elected at the odd year
18 general election, who by law or charter is elected for a term of
19 an odd number of years shall, after the effective date of the
20 amendatory act that added section 642, be elected hereafter for
21 a term of 1 year longer than provided by law or charter.
22 (3) In home rule cities where the charter provides for the
23 election of city officers
at a time other than in November of
24 odd numbered years at the odd year general election and provides
25 that members of the governing body are not all to be elected in
26 the same year, the governing body by ordinance adopted prior to
27 April 1, 1971 , may alter the length of terms now provided
by
1 charter to provide that the city may continue to elect part of
2 the governing body at each election. A term shall not be
3 extended beyond January 1
following the first odd numbered year
4 general election at which
the officer would be elected pursuant
5 to as provided by charter. A term shall not be
for more than 4
6 years.
7 Sec. 644k. (1) If
all or a portion of a school district or
8 a community college district is wholly or partly within
a
9 city 1 or more than 1 city cities
that elects elect city
10 officers at the odd year
general election, the school district
11 or community college district , except a first class
school
12 district, may hold its election biennially at the odd year
13 general election if
existing law requires or an agreement
14 pursuant to section
533 of Act No. 269 of the Public Acts of
15 1955, as amended,
being section 340.533 of the Michigan Compiled
16 Laws, authorizes each city to conduct the school or community
17 college election at the same time as and in conjunction with the
18 city election.
19 (2) The board of education
of a school district or the board
20 of trustees of a community college district may
determine by
21 resolution whether the district shall hold its election as
22 provided in this section. The resolution shall be adopted
23 before May 1, 1971,
if it is to be applicable to the 1971 odd
24 year general election,
otherwise it shall be adopted not
less
25 than 6 months preceding
before the date of any a regularly
26 scheduled school or community
college district election. In
27 its resolution the board shall provide that the term of office of
1 members of the school
district or board of trustees of the
2 community college district
board shall be for an even number of
3 years and shall provide
for an election schedule which that
4 implements the change. A term may be extended for not more than
5 1 year for this purpose. The board may change the filing date of
6 nominating petitions for board of education candidates to conform
7 with the filing dates of a city election that is held in
8 conjunction with the
school board election. In the case of
9 school elections held
in accordance with this section, the last
10 date for nomination
shall not be more than 49 days before the
11 scheduled school
election. The board may provide that
all
12 members shall not be
elected at the same election. Incumbents'
13 terms shall be in
accordance with An incumbent's
term is
14 determined under section 644g(1). The date for taking office
15 shall be as is prescribed in section 644h.
16 (3) This section shall
does not be deemed to change the
17 prior provisions of law regarding petitions, nominations, or the
18 conduct of school
district and community college district
19 elections other than to allow a change in the date of the regular
20 district election and changes in the date for taking office and
21 the terms of office related to the change in election date.
22 Sec. 646a. (1) If a local officer is to be elected at a
23 general November election,
or on the first Monday of April in an
24 odd numbered year, candidates for the local office shall be
25 nominated in the manner provided by law or charter, subject to
26 sections 641 and 642. If
the candidates are to be nominated at
27 a fall primary
election, the primary shall be held on the same
1 day as is provided by
law for holding the county or state primary
2 election before that
election, except as provided in section
3 646b. If the
candidates are to be elected in April, the primary
4 shall be held on the
third Monday in February. If
candidates for
5 the local office are to be nominated at caucuses, the caucuses
6 shall be held on a date
before the date set for the above
7 mentioned primary election or on the Saturday preceding before
8 the day of the primary election as determined by the local
9 legislative body at least
20 days preceding before the date of
10 the caucus. If candidates are nominated by filing petitions or
11 affidavits, they shall be filed at a time provided by charter,
12 but not later than the
date of the primary. If a Except as
13 provided in section 642, the
local primary election is to shall
14 be held on the same day as a state or county primary election.
15 If a state or county primary is being held on the same day, the
16 last day for local
candidates to file nominating petitions shall
17 be is the same as the last date to file petitions
for state and
18 county offices. The names of all local candidates and titles of
19 office shall be certified to the county clerk by the local clerk
20 within 5 days after the last day for filing petitions, and
21 certification of nominees shall be made to that clerk within 5
22 days after the date on which the primary or caucus was held.
23 (2) If a local, school district, or county ballot question is
24 to be voted on at a primary, special, regular, or general
25 election at which state officers are to be voted for, the ballot
26 wording of the ballot question shall be certified to the local or
27 county clerk at least 70 days before the election. If the
1 wording is certified to a clerk other than the county clerk, the
2 clerk shall certify the ballot wording to the county clerk at
3 least 68 days before the election. Petitions to place a county
4 or local ballot question on the ballot at the election shall be
5 filed with the clerk at least 14 days before the date the ballot
6 wording must be certified
to the local clerk. For the year
7 2002, the
certification and filing deadlines prescribed by this
8 subsection do not
apply to a local or county ballot question that
9 is required to be
placed on the ballot by state statute.
10 (3) The provisions of this section apply notwithstanding any
11 provisions of law or charter to the contrary, unless an earlier
12 date for the filing of affidavits or petitions, including
13 nominating petitions, is provided in a law or charter, in which
14 case the earlier filing date is controlling.
15 Sec. 659. (1) If a county, city, ward, township, village,
16 or school district is divided into 2 or more election precincts,
17 the county, city, ward, township, or village election
18 commissioners may, by resolution, consolidate the election
19 precincts for a particular election that is not a general
20 November election, primary election immediately before a general
21 November election, or other statewide or federal election. In
22 making the determination to consolidate election precincts for a
23 particular election, the election commission shall take into
24 consideration the number of choices the voter must make, the
25 percentage of registered voters who voted at the last similar
26 election in the jurisdiction, and the intensity of the interest
27 of the electors in the jurisdiction concerning the candidates and
1 proposals to be voted upon.
2 (2) A consolidation under this section shall be made not less
3 than 60 days before a primary, general, or special election.
4 (3) Unless the polling places for the election precincts to
5 be consolidated are located in the same building, when a county,
6 city, ward, township, or village consolidates election precincts
7 for a particular election under subsection (1), the election
8 commissioners or other designated election officials shall do
9 both of the following:
10 (a) Provide notice to the registered electors of the affected
11 election precincts of the consolidation of election precincts for
12 the particular election and the location of the polling place for
13 the election precinct or precincts for that election. Notice may
14 be provided by mail or other method designed to provide actual
15 notice to the registered electors.
16 (b) Post a written notice at each election precinct polling
17 place stating the location of the consolidated election precinct
18 polling place.
19 (4) If a county, city, ward, township, or village
20 consolidates election precincts under this section, each affected
21 election precinct shall be treated as a whole unit and shall not
22 be divided during the consolidation.
23 Sec. 690. The township, city, or village board of election
24 commissioners , as
the case may be, shall cause for each
25 jurisdiction conducting the election shall have the ballots
26 required for any a
regular or special township, village, or
27 city, school, or community college election, or official primary
1 election for the nomination of candidates for township,
2 village, city, or ward, or community
college offices, to be
3 printed and delivered to the election commission's township,
4 village, or city
clerk , as the case may be, at least 10 days
5 before any such the
election. , and like The duties as are
6 hereinbefore enjoined imposed upon county boards of election
7 commissioners and upon county, township, and city clerks relative
8 to the printing, counting, packaging, sealing, and delivery of
9 official ballots , are
hereby enjoined imposed upon the
10 several township and municipal boards of election
commissioners
11 and upon the several
township, village, or city clerks
12 relative to the printing, counting, packaging, sealing, and
13 delivery of official
ballots for use in each precinct of such
14 the township, village,
or city at any such a municipal, or
15 township, village, school, or community college election.
16 Sec. 821. (1) The board of county canvassers shall meet at
17 the office of the county
clerk at 1 p.m. on the day succeeding
18 after the day of any
November a general election, August
19 primary, or presidential
primary election in the county. For
20 Except as provided in subsection (2), for other elections the
21 board shall meet within 5 days following the election.
22 (2) If, at an election held on the May regular election date,
23 a ballot question appears on the ballot concerning authorized
24 millage that is subject to a millage reduction as provided in
25 section 34d of the general property tax act, 1893 PA 206, MCL
26 211.34d, the board of county canvassers shall meet to canvass and
27 certify the results of the vote on that proposition after May 31
1 and before June 15 following the election.
2 Sec. 862. A
candidate for any office , including a
3 candidate at all
school elections except an election for board
4 members in a primary
school district, at any primary or election,
5 conceiving himself who believes he or she is aggrieved on
6 account of fraud or mistake in the canvass or returns of the
7 votes by the election
inspectors of election, or in the returns
8 made thereon by the
inspectors, may petition for a
recount of
9 the votes cast for that office in any precinct or precincts as
10 provided in this chapter.
11 Sec. 863. A qualified and registered elector voting in a
12 city, township, school
district other than a primary school
13 district at an
election for board members, or
village at the
14 last preceding election who believes there has been fraud or
15 error committed by the inspectors of election in its canvass or
16 returns of the votes cast at the election, upon a proposed
17 amendment to the charter
of the city or village or any other
18 proposition ballot question submitted to the voters of the
19 county, city, township, school district, community college
20 district, or village, may petition for a recount of the votes
21 cast in any precinct or precincts of that county, city, township,
22 school district, community college district, or village, upon
23 that proposed amendment
or other proposition ballot question as
24 provided in this chapter.
25 Sec. 954. The
petitions A recall petition shall be signed
26 by registered and qualified electors of the electoral district of
27 the official whose recall
is sought. In a school district where
1 school electors are
not required to be registered, the signers of
2 the petition shall not
be required to be registered electors and
3 the term
"registered and qualified electors" shall mean
4 "qualified
electors". Each signer of the
a recall petition
5 shall affix his or her signature, address, and the date of
6 signing. The persons
signing the A person who signs a recall
7 petition shall be a
registered and qualified electors elector
8 of the governmental subdivision designated in the heading of the
9 petition.
10 Sec. 963. (1) Within 35 days after the filing of the recall
11 petition, the filing official with whom the recall petition is
12 filed shall make an official declaration of the sufficiency or
13 insufficiency of the petition. If the recall petition is
14 determined to be insufficient, the filing official shall notify
15 the person or organization sponsoring the recall of the
16 insufficiency of the petition. It is not necessary to give
17 notification unless the person or organization sponsoring the
18 recall files with the filing official a written notice of
19 sponsorship and a mailing address.
20 (2) Immediately upon determining that the petition is
21 sufficient, but not later than 35 days after the date of filing
22 of the petition, the county clerk with whom the petition is filed
23 shall submit to the
county election scheduling committee a
24 proposed date for a
special election to be held within 60 days
25 after the submission
to the county scheduling committee call
the
26 special election to determine whether the electors will recall
27 the officer whose recall is sought. The election shall be held
1 on the next regular election date that is not less than 70 days
2 after the date the petition is filed.
3 (3) If a petition is
filed under section 959, the officer
4 filing official with whom
the petition is filed shall not submit
5 a proposed date to the
county election scheduling committee but
6 shall call the special election. subject to the
time
7 limitations set out in
this section. The election shall
be held
8 on the next regular election date that is not less than 70 days
9 after the petition is filed.
10 Sec. 971. (1) If the
recall was is successful, the
11 officer with whom the
recall petition was filed shall, within 5
12 days after receiving
the certification, submit to the county
13 election scheduling
committee a proposed date for a special
14 election to be held
within 60 days for the filling of the
15 vacancy. If any
primary or election is to be held in that
16 electoral district
within 4 months after the certification and at
17 a time as will permit
preparation for the election by election
18 officials as provided
by law, the election to fill the vacancy
19 shall be held
concurrently with that primary or election. a
20 special election to fill the vacancy shall be held on the next
21 regular election date.
The same provisions made in section
22 964 for calling and
conducting of the recall election govern in
23 the calling and conducting of the election to fill the vacancy
24 created, except as otherwise provided in this section.
25 (2) If a petition
is filed under section 959, the officer
26 with whom the petition
is filed shall not submit a proposed date
27 to the county election
scheduling committee, but shall call the
1 special election
subject to the same time limitations set out in
2 this section.
3 (2) (3) If
the governor appoints a review team under the
4 local government fiscal responsibility act, 1990 PA 72, MCL
5 141.1201 to 141.1291, to perform the functions prescribed in that
6 act relative to a city, township, or village and an elected
7 official of the city, township, or village was the subject of a
8 successful recall, the officer with whom the recall petition was
9 filed does not have the authority to propose a date for a special
10 election. If the review team described in this subsection is
11 appointed after the officer submits a proposed special election
12 date or the county election scheduling committee schedules the
13 special election as required by subsection (1), but before the
14 election is held, the officer's or county election scheduling
15 committee's action becomes void when the review team is
16 appointed. Within 5 days after the review team described in this
17 subsection reports its findings to the governor as required by
18 section 14 of the local government fiscal responsibility act,
19 1990 PA 72, MCL 141.1214, the review team shall submit to the
20 county election scheduling committee a proposed date for the
21 special election. A special election scheduled under this
22 subsection is subject to all of the other provisions of
23 subsection (1). This subsection applies to any special election
24 scheduled but not yet
held before the effective date of the
25 amendatory act that
added this sentence April 9, 2002.
26 Sec. 972. (1) Except as provided in subsection (2), a
27 candidate for a nonpartisan office shall be nominated and voted
1 for in an election
scheduled pursuant to under section 971 by
2 filing a nominating petition or paying a $100.00 nonrefundable
3 fee not later than 4 p.m. on the fifteenth day after the election
4 is called. The nominating petition shall be filed with the clerk
5 or secretary of the electoral district and signed by not less
6 than 3% of the
registered and a number of
qualified and
7 registered electors of the electoral district as determined under
8 section 544f. However,
a nominating petition for the office of
9 district library board
member shall be signed by not less than 3%
10 of the number of
persons voting in the district library district
11 at the last election
at which district library board members were
12 elected and filed with
the clerk of the largest county or, if a
13 school district is a
participating municipality, with the
14 secretary of the
largest participating school district. For the
15 purposes of this
subsection, the term "largest" has the meaning
16 ascribed to it in
section 2 of the district library establishment
17 act. Instead of filing a nominating petition, an
individual may
18 become a candidate by paying a $100.00 nonrefundable fee with the
19 clerk of the electoral district.
20 (2) This subsection applies to an election to fill a vacancy
21 for an unexpired term created by a recall of a school board
22 member, of a
board of education of a school district, if the
23 election is scheduled to
be held on the same date as an annual
24 school election or a general election. A nominating petition
25 filed by a candidate
shall be signed by a number of registered
26 and qualified and registered electors of the
school district
27 equal to not less
than 1% of the total number of votes received
1 by the candidate for
member of the board of education who
2 received the greatest
number of votes at the last election at
3 which members of the
board of education were elected, but the
4 number shall not be
less than 20 as determined under
section
5 544f. The nominating petition shall clearly state that it
6 relates to the filling of a vacancy for an unexpired term and
7 shall be filed with the secretary
of the board or in the office
8 of the board of
education school district filing
official, as
9 designated by section 301, not later than 4 p.m. on the fifteenth
10 day after the election is called. Instead of filing a nominating
11 petition, an individual may become a candidate by paying a
12 $100.00 nonrefundable fee to the school district filing official
13 not later than 4 p.m. on the fifteenth day after the election is
14 called.
15 Enacting section 1. Sections 5, 6, 8, 9a, 12, 325, 348,
16 639, 640, 644a, 644b, 644c, 644j to 646, 646b, and 758c of the
17 Michigan election law, 1954 PA 116, MCL 168.5, 168.6, 168.8,
18 168.9a, 168.12, 168.325, 168.348, 168.639, 168.640, 168.644a,
19 168.644b, 168.644c, 168.644j to 168.646, 168.646b, and 168.758c,
20 are repealed January 1, 2005.
21 Enacting section 2. Sections 642 and 642a of the Michigan
22 election law, 1954 PA 116, as added by this amendatory act, take
23 effect September 1, 2004.
24 Enacting section 3. Sections 2, 3, 4, 30a, 321, 322, 358a,
25 370, 381, 382, 500f, 500g, 501a, 505, 509n, 509r, 509gg, 538,
26 635, 643, 644e, 644g, 644k, 646a, 690, 821, 862, 863, 954, 963,
27 971, and 972 of the Michigan election law, 1954 PA 116, MCL
House Bill No. 4824 as amended December 11, 2003
1 168.2, 168.3, 168.4, 168.30a, 168.321, 168.322, 168.358a,
2 168.370, 168.381, 168.382, 168.500f, 168.500g, 168.501a, 168.505,
3 168.509n, 168.509r, 168.509gg, 168.538, 168.635, 168.643,
4 168.644e, 168.644g, 168.644k, 168.646a, 168.690, 168.821,
5 168.862, 168.863, 168.954, 168.963, 168.971, and 168.972, as
6 amended by this amendatory act, take effect January 1, 2005.
7 Enacting section 4. Chapter XIV of the Michigan election
8 law, 1954 PA 116, as added by this amendatory act, takes effect
9 January 1, 2005.
10 Enacting section 5. This amendatory act does not take
11 effect unless all of the following bills of the 92nd Legislature
12 are enacted into law:
13 (a) Senate Bill No. 877.
14 (b) House Bill No. 4820.
15 (c) House Bill No. 4822.
16 (d) House Bill No. 4823.
17 (e) House Bill No. 4825.
18 (f) House Bill No. 4826.
19 (g) House Bill No. 4827.
20 (h) House Bill No. 4828.
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