June 10, 2003, Introduced by Reps. Stakoe, Hummel, Farhat, Brandenburg, Garfield, Drolet, Hoogendyk, Amos, Casperson, Emmons, Wenke, Tabor, Palsrok, Sheen, Stahl, Vander Veen, Acciavatti, LaJoy, Steil, Walker, Pastor, Meyer, Voorhees, Taub, Ward, Ruth Johnson, Rocca, Kooiman, Robertson, Moolenaar and Richardville and referred to the Committee on Local Government and Urban Policy.
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, the city or township election commission,
4 and the school district election coordinator.
5 (ii) For a school district that has territory in more than 1
6 city or township, a committee composed of the secretary of the
7 school board, the school district election coordinator, and the
8 clerk of each city or township in which school district territory
9 is located.
10 (e) "School district election coordinator" means 1 of the
11 following:
12 (i) For a school district whose entire territory lies within
13 a single city or township, the city or township clerk.
14 (ii) For a school district that has territory in more than 1
15 city or township, the county clerk of the county in which the
16 largest number of registered school district electors reside.
17 (f) "September primary election" means the primary election
18 held on the first Tuesday after the second Monday in September.
19 (g) "Special election" means an election to elect an
20 individual to, or nominate an individual for, a partial term in
21 office or to submit a ballot question to the electors.
22 (h) "Special primary" means a primary called by competent
23 authority for the nomination of candidates to be voted for at a
24 special election.
25 (i) "Uniform voting system" means the voting system that is
26 used at all elections in every election precinct throughout the
27 state.
1 (j) "Village" is defined in section 9.
2 Sec. 30a. (1) A 4-member board of canvassers is established
3 in every city and township having more than 5 precincts,
4 notwithstanding any a
statutory or charter provision, or any
5 other rule or law, to the contrary. All of the powers granted to
6 and duties required by law to be performed by city and township
7 boards of canvassers are granted to and required to be performed
8 by the boards of city and township canvassers in cities and
9 townships having more
than 5 precincts. School district
10 elections in cities of
over 5 precincts which are held in
11 conjunction with the
city elections shall be canvassed by the
12 city board of
canvassers. Members of the board of
canvassers
13 shall be appointed for terms of 4 years beginning the January 1
14 next following after their appointment. Of the members
first
15 appointed, 1 member of
each of the political parties represented
16 on the canvassing
board shall be appointed for a term ending
17 December 31, 1967, and 1 for a term ending December 31, 1965.
18 Members of the board of canvassers shall be notified of their
19 appointment within 5 days
thereafter after appointment by their
20 city or township clerk.
21 (2) The city council
or the township board of any a city or
22 township having more than 5 precincts may contract with the board
23 of supervisors commissioners
of the county in which all or the
24 greater portion of the city or township's population resides to
25 provide that the board of county canvassers of that county shall
26 perform all the functions of the board of city or township
27 canvassers. Financial
arrangements of such a contract with the
1 board of commissioners may provide that the city or township
2 shall bear all or part of
the cost of such the work of the
3 county board of canvassers.
4 CHAPTER XIV.
5 SCHOOL AND COMMUNITY COLLEGE ELECTIONS
6 Sec. 301. (1) Unless a particular power or duty of an
7 election official or a particular election procedure is
8 specifically governed by a provision of this chapter, a school
9 district election is governed by the provisions of this act that
10 generally govern elections.
11 (2) Except as provided in section 305, the school district
12 election coordinator for a school district shall conduct each
13 regular election and each special election that is requested by
14 the school board to submit a ballot question or to fill a vacancy
15 on the school board. The filing official for a school district
16 is the school district election coordinator or an authorized
17 agent of the school district election coordinator. In addition
18 to receiving nominating petitions and requests from the school
19 board to hold special elections, the school district election
20 coordinator shall do all of the following:
21 (a) Procure the necessary qualified voter file precinct
22 lists.
23 (b) Certify candidates.
24 (c) Receive ballot proposal language.
25 (d) Issue absent voter ballots.
26 (3) If a city or township clerk is conducting a school
27 district election being held in the clerk's city or township, the
1 school district election coordinator may delegate all or any
2 portion of the school district election coordinator's authority
3 and duties in relation to the school district election to the
4 city or township clerk.
5 Sec. 302. An individual is eligible for election as a
6 school board member if the individual is a citizen of the United
7 States and is a qualified and registered elector of the school
8 district the individual seeks to represent by the filing
9 deadline. At least 1 school board member for a school district
10 shall be elected at each of the school district's regular
11 elections held as provided in section 642a. Except as otherwise
12 provided in this section or section 310 or 644g, a school board
13 member's term of office is prescribed by the applicable provision
14 of section 11a, 617, 701, or 703 of the revised school code, 1976
15 PA 451, MCL 380.11a, 380.617, 380.701, and 380.703, or
16 section 34, 34a, 41, 54, or 83 of the community college act of
17 1966, 1966 PA 331, MCL 389.34, 389.34a, 389.41, 389.54, and
18 389.83. A school board member's term begins on 1 of the
19 following dates:
20 (a) If elected at an election held on a November regular
21 election date, January 1 immediately following the election.
22 (b) If elected at an election held on a May regular election
23 date, July 1 immediately following the election.
24 Sec. 303. (1) Subject to subsection (4), for an
25 individual's name to appear on the official ballot as a candidate
26 for school board member, the candidate shall file a nominating
27 petition and the affidavit required by section 558 with the
1 school district filing official not later than 4 p.m. on the
2 twelfth Tuesday before the election date. The nominating
3 petition must be signed by the following number of electors of
4 the school district:
5 (a) If the population of the school district is less than
6 10,000 according to the most recent federal census, a minimum of
7 6 and a maximum of 20.
8 (b) If the population of the school district is 10,000 or
9 more according to the most recent federal census, a minimum of 40
10 and a maximum of 100.
11 (2) The nominating petition shall be substantially in the
12 form prescribed in section 544c, except that the petition shall
13 be nonpartisan and shall include the following opening
14 paragraph:
15 We, the undersigned, registered and qualified voters of
16 _____________________________________ and residents of the
17 (legal name of school district)
18 ________________________, the county of _________________, state
19 (city or township)
20 of Michigan, nominate ________________________________
21 (name of candidate)
22 _______________________ __________________________, a registered
23 (street address) (city or township)
24 and qualified elector of the district as a member of the board of
25 education of the school district for a term of _____ years,
26 expiring _____, to be voted for at the election to be held on the
27 _____ day of __________, ________.
1 (month) (year)
2 (3) A school elector shall not sign petitions for more
3 candidates than are to be elected.
4 (4) Instead of filing nominating petitions, a candidate for
5 school board member may pay a nonrefundable filing fee of $100.00
6 to the school district filing official. If this fee is paid by
7 the due date for a nominating petition, the payment has the same
8 effect under this section as the filing of a nominating
9 petition.
10 (5) A nominating petition filed under this chapter is subject
11 to the examination and investigation process prescribed in
12 section 552 as to its sufficiency and the validity and
13 genuineness of the signatures on the nominating petition, and to
14 the other procedures prescribed in that section relevant to a
15 petition filed under this chapter.
16 (6) After a nominating petition is filed or filing fee is
17 paid for a candidate for school board member, the candidate is
18 not permitted to withdraw unless a written withdrawal notice,
19 signed by the candidate, is filed with the school district filing
20 official not later than 4 p.m. of the third day after the last
21 day for filing the nominating petition. If the school district
22 filing official is not a county clerk, the school district filing
23 official shall notify the county clerk of the candidates' names
24 and addresses not later than 3 days after the last day for filing
25 a withdrawal notice.
26 Sec. 305. (1) Within 30 days after the effective date of
27 this chapter, the school district election coordinating committee
1 for each school district shall hold an initial meeting. Within
2 14 days after convening the initial meeting, the school district
3 election coordinating committee shall file a report with the
4 secretary of state that sets forth the arrangements that are
5 agreed upon for the conduct of the school district's elections.
6 Each school district election coordinating committee member shall
7 sign the report and retain a copy.
8 (2) After filing its initial report under subsection (1), a
9 school district election coordinating committee shall meet at
10 2-year intervals to review and, if necessary, alter the election
11 arrangements set forth in its previous report. After each
12 review, a school district election coordinating committee shall
13 either notify the secretary of state in writing that its previous
14 report is not being altered or file with the secretary of state a
15 report with the alterations. A jurisdiction participating in the
16 arrangements in a school district election coordinating
17 committee's report is bound by those arrangements for at least
18 2 years after the report is filed and continues to be bound until
19 an altered report is filed.
20 (3) The arrangements agreed upon by a school district
21 election coordinating committee for the conduct of the school
22 district's elections shall accomplish at least both of the
23 following:
24 (a) If a school district election is held on the same day as
25 an election of a jurisdiction that overlaps with the school
26 district, an elector wishing to vote in both elections shall not
27 be required to vote at 2 different locations.
1 (b) If, before the filing of an initial report or of the
2 notice or altered report after its 2-year review, a city or
3 township clerk notifies the school district election coordinating
4 committee that the city or township clerk has decided to
5 participate in the conduct of the school district's elections,
6 the school district election coordinating committee shall include
7 that city or township clerk in its initial or an altered report
8 as the person conducting the school district's elections in the
9 clerk's city or township.
10 (4) Notwithstanding the other provisions of this chapter, if
11 a city or township is holding an election for elective office or
12 on a ballot question at the same time that a school district
13 located in whole or part in the city or township is holding an
14 election, the city or township clerk shall also conduct the
15 school district election within his or her jurisdiction. If a
16 city or township clerk is conducting a school election under this
17 subsection, the clerk shall use the same precincts that are used
18 for state and federal elections as the precincts for the school
19 district election. If these precincts change the polling place
20 location for school district electors, the clerk shall notify
21 those school district electors of the location of the different
22 polling place.
23 Sec. 307. (1) The appropriate board of canvassers as
24 prescribed in section 24a or 30a shall canvass the votes for
25 candidates for school board member and votes for and against a
26 ballot question at a regular or special election in each school
27 district. That number of candidates equal to the number of
1 individuals to be elected who receive the greatest number of
2 votes cast at the election, as set forth in the report of the
3 board of canvassers canvassing the votes, based upon the returns
4 from the election precincts or as determined by the board of
5 canvassers as a result of a recount, are elected to the office of
6 school board member. Upon completion of the canvass, the board
7 of canvassers shall make a statement of returns and certify the
8 election of school board members to the secretary of the school
9 board, the county clerk, and, if other than the county clerk, the
10 school district election coordinator.
11 (2) The votes cast for a candidate for school board member or
12 on a ballot question submitted to the electors at a school
13 election are subject to recount as provided in chapter XXXIII.
14 An individual elected to the office of school board member is
15 subject to recall as provided in chapter XXXVI and in section 8
16 of article II of the state constitution of 1963.
17 Sec. 308. A local official who receives the certification
18 of the board of canvassers under section 307 shall preserve and
19 file in his or her office the certified statement of returns and
20 certification of the board of canvassers of the result of the
21 election. The city, township, or county clerk who is the
22 secretary to the board of canvassers canvassing the school board
23 election shall immediately execute and provide to the individuals
24 declared elected to the office of school board member a
25 certificate of election.
26 Sec. 310. (1) Before entering upon the duties of his or her
27 office, an individual elected to the office of school board
1 member shall take and subscribe to the oath provided in section 1
2 of article XI of the state constitution of 1963.
3 (2) The office of a school board member becomes vacant
4 immediately, regardless of declaration by an officer or
5 acceptance by the school board or 1 or more of its members, upon
6 any of the following events:
7 (a) The death of the school board member.
8 (b) The school board member's being adjudicated insane or
9 being found to be a legally incapacitated individual by a court
10 of competent jurisdiction.
11 (c) The school board member's resignation.
12 (d) The school board member's removal from office.
13 (e) The school board member's conviction for a felony.
14 (f) The school board member's election or appointment being
15 declared void by a competent tribunal.
16 (g) The school board member's neglect or failure to file the
17 acceptance of office, to take the oath of office, or to give or
18 renew an official bond required by law.
19 (h) The school board member ceasing to possess the legal
20 qualifications for holding office.
21 (i) The school board member moving his or her residence from
22 the school district.
23 Sec. 311. (1) If less than a majority of the offices of
24 school board member of a school district become vacant, the
25 remaining school board members shall fill each vacant office by
26 appointment. If a vacancy in the office of school board member
27 is not filled within 20 days after the vacancy occurs or if a
1 majority of the offices of school board member of a school
2 district become vacant, the intermediate school board for that
3 school district shall fill each vacancy by appointment. An
4 individual appointed under this subsection serves until a
5 successor is elected and qualified.
6 (2) If a vacancy occurs in an office of school board member
7 more than 90 days before a regular school election, an election
8 shall be held at that regular school election to fill that office
9 for the remainder of the office's unexpired term, if any. This
10 subsection applies regardless of whether an individual is
11 appointed under subsection (1) to fill the vacancy.
12 Sec. 312. (1) A school board may submit a ballot question
13 to the school electors on a regular election date or on a date
14 when a city or township within the school district's jurisdiction
15 is holding an election by adopting a resolution to that effect
16 not less than 70 days before the election date. The school board
17 shall certify the ballot question language to the school district
18 election coordinator not less than 70 days before the election
19 date. If the ballot question is submitted on the same date as an
20 election for a state or county office, the school district
21 election coordinator shall send a copy of the ballot question
22 language to the county clerk of each county not less than 68 days
23 before the election.
24 (2) A school special election may not be held within 30 days
25 before or after a general November election.
26 Sec. 315. (1) A school district shall pay to each county,
27 city, and township that conducts a regular or special election
1 for the school district an amount determined in accordance with
2 this section.
3 (2) If a school district's regular or special election is
4 held in conjunction with another election conducted by a county,
5 city, or township, the school district shall pay the county,
6 city, or township 100% of the actual additional costs
7 attributable to conducting the school district's regular or
8 special election. If a school district's regular or special
9 election is not held in conjunction with another election
10 conducted by a county, city, or township, the school district
11 shall pay the county, city, or township 100% of the actual costs
12 of conducting the school district's regular or special election.
13 (3) The county, city, or township shall present to a school
14 district a verified account of actual costs of conducting the
15 school district's regular or special election not later than 84
16 days after the date of the election. The school board shall pay
17 or disapprove all or a portion of the verified account within 84
18 days after the school district receives a verified account of
19 actual costs under this subsection.
20 (4) If the school board disapproves all or a portion of a
21 verified account of actual costs under subsection (3), the school
22 board shall send a notice of disapproval along with the reasons
23 for the disapproval to the county, city, or township. Upon
24 request of a county, city, or township whose verified account or
25 portion of a verified account was disapproved under this section,
26 the school board shall review the disapproved costs with the
27 county, city, or township.
1 (5) A school board, county, city, or township shall use the
2 agreement made between the department of treasury and the
3 secretary of state, as required by section 487, as a basis for
4 preparing and evaluating verified accounts under this section.
5 The secretary of state shall assist a school board, county, city,
6 or township in preparing and evaluating a verified account under
7 this section. If a county, city, or township and a school board
8 cannot agree on the actual costs of an election as prescribed by
9 this section, the secretary of state shall determine those actual
10 costs.
11 Sec. 321. (1) Except as provided in subsection (3) and
12 section sections 327, 641, 642, and 644g, the
qualifications,
13 nomination, election, appointment, term of office, and removal
14 from office of any a
city officer shall be in accordance with
15 the charter provisions governing the city.
16 (2) Within 3 days after the last day on which a candidate for
17 a city office may withdraw, the city clerk shall deliver to the
18 county clerk of the county in which the city is located a list
19 setting forth the name and address of each candidate for a city
20 office.
21 (3) If the membership of the legislative body of a city
22 governed by the home rule
city act, Act No. 279 of the Public
23 Acts of 1909, being
sections 117.1 to 117.38 of the Michigan
24 Compiled Laws 1909 PA 279, MCL 117.1 to 117.38, is reduced
to
25 less than a quorum, unless another method of appointing members
26 of the legislative body is provided by the city charter, members
27 of the legislative body shall
be are appointed as provided in
1 this subsection. The board of county election commissioners of
2 the county in which the largest portion of the population of the
3 city resides as
reported by the last decennial census shall
4 appoint the number of members of the legislative body required to
5 constitute a quorum for the transaction of business by the
6 legislative body. A member of the legislative body appointed
7 under this subsection shall hold the office only until the
8 member's successor is
elected and qualified. Unless otherwise
9 provided by charter,
the successor shall be elected at the next
10 regular election for a
member of the legislative body or, if a
11 regular election is
not scheduled to be held within 90 days after
12 the appointment is
made under this subsection, the legislative
13 body shall call a
special election for the successor to be held
14 within 90 days after
the appointment is made. In either case,
15 the The successor shall be elected at a special or
regular
16 election on the next regular election date that is not less than
17 60 days after the appointment is made. The successor shall serve
18 for the balance of the unexpired term. A member who is appointed
19 under this subsection shall not vote on the appointment of
20 himself or herself to an elective or appointive city office.
21 (4)
Notwithstanding any other another provision of law or
22 charter to the contrary, an appointment to an elective or
23 appointive city office made by a quorum constituted by
24 appointments under this subsection
shall expire section expires
25 upon the election and qualification of a sufficient number of
26 members of the legislative body so that the elected members
27 constitute a quorum.
1 Sec. 322. To
obtain the printing of For the name of a
2 candidate of a political party for a city office, including a
3 ward office, to appear under the particular party heading on the
4 official primary election
ballots for use in the city, there a
5 nominating petition shall
be filed with the city clerk of the
6 city not later than 4
p.m. on the twelfth Tuesday preceding
7 before the August primary, or not later than 4 p.m. on the
8 seventh Monday
preceding the primary election provided to be
9 held on the third
Monday in February, nominating petitions
10 twelfth Tuesday before the September primary election for a city
11 that holds a September primary election. A nominating petition
12 shall be signed by a number of qualified and registered electors
13 of the political party who reside in the city or ward as
14 determined under section 544f. This section does not apply to a
15 city the if
the city charter of which provides for a
16 different method of nominating candidates for public office. The
17 form of the petition shall be as provided in section 544c.
18 Sec. 358a. The township board of a township may call a
19 special election to be held in the township for the purpose of
20 submitting any
proposition or propositions a ballot question to
21 the electors of the
township. A special election shall not be
22 held within 30 days
before or after a regular township or state
23 primary or general
election on a regular election
date. Notice
24 of the special election
shall be given in the same manner now
25 required of regular
elections held under this act by
26 section 653a.
27 Sec. 370. (1) Except as provided in subsection (2), if a
1 vacancy occurs in an elective or appointive township office, the
2 vacancy shall be filled by appointment by the township board, and
3 the person appointed shall hold the office for the remainder of
4 the unexpired term.
5 (2) If 1 or more vacancies occur in an elective township
6 office that cause the number of members serving on the township
7 board to be less than the minimum number of board members that is
8 required to constitute a quorum for the transaction of business
9 by the board, the board of county election commissioners shall
10 make temporary appointment of the number of members required to
11 constitute a quorum for the transaction of business by the
12 township board. An official appointed under this subsection
13 shall hold the office only until the official's successor is
14 elected or appointed and qualified. An official who is
15 temporarily appointed under this subsection shall not vote on the
16 appointment of himself or herself to an elective or appointive
17 township office.
18 (3) If a township official submits a written resignation from
19 an elective township office, for circumstances other than a
20 resignation related to a
recall election, which that specifies
21 a date and time at
which when the resignation is effective, the
22 township board, within 30 days before that effective date and
23 time, may appoint a person to fill the vacancy at the effective
24 date and time of the resignation. The resigning official shall
25 not vote on the appointment.
26 (4) Except as provided in subsection (5), if the township
27 board does not make an appointment under subsection (3), or if a
1 vacancy occurs in an elective township office and the vacancy is
2 not filled by the township board or the board of county election
3 commissioners within 45 days after the beginning of the vacancy,
4 the county clerk of the county in which the township is located
5 shall notify the governor of the fact. The governor shall call a
6 special election to fill the vacancy. The governor shall provide
7 for the date for the
filing of the petitions, which and that
8 date shall also be the last date to register for the special
9 primary election. Notwithstanding
section 358a, the special
10 primary or special
general election may be held within 60 days of
11 a state primary or a
state general election. A special
primary
12 or election called by the governor under authority of this
13 section shall does
not affect the rights of a qualified elector
14 to register for any other election. A person elected to fill a
15 vacancy shall serve for the remainder of the unexpired term.
16 (5) Subsection (4) shall
does not apply to the office of
17 township constable. If a vacancy occurs in the office of
18 township constable, the township board shall determine if and
19 when the vacancy shall be filled by appointment. If the township
20 board does not fill the vacancy by appointment, the office of
21 township constable shall remain vacant until the next general or
22 special election in which
the township offices are filled.
23 Sec. 381. (1) Except
as provided in subsection (3) (2)
24 and section sections
383, 641, 642, and 644g, the
25 qualifications, nomination, election, appointment, term of
26 office, and removal from office of a village officer shall be
27 pursuant to as determined by the charter provisions
governing
1 the village.
2 (2) Within 3 days
after the last day on which a candidate
3 for a village office
may withdraw, the village clerk shall
4 deliver to the county
clerk of the county in which the village is
5 located, a list
setting forth the name and address of each
6 candidate for a village
office.
7 (2) (3) If
the membership of the village council of a
8 village governed by Act
No. 3 of the Public Acts of 1895, being
9 sections 61.1 to 74.22
of the Michigan Compiled Laws the
general
10 law village act, 1895 PA 3, MCL 61.1 to 74.25, is reduced to less
11 than a quorum of 4 and a special election for the purpose of
12 filling all vacancies in the office of trustee is called under
13 section 13 of Act No.
3 of the Public Acts of 1895, being
14 section 62.13 of the
Michigan Compiled Laws chapter II
of the
15 general law village act, 1895 PA 3, MCL 62.13, temporary
16 appointments of trustees shall be made as provided in this
17 subsection. The board of county election commissioners of the
18 county in which the largest portion of the population of the
19 village is situated as
reported by the last decennial census
20 shall make temporary appointment of the number of trustees
21 required to constitute a quorum for the transaction of business
22 by the village council. A trustee appointed under this
23 subsection shall hold the office only until the trustee's
24 successor is elected and qualified. A trustee who is temporarily
25 appointed under this subsection shall not vote on the appointment
26 of himself or herself to an elective or appointive village
27 office.
1 (3)
Notwithstanding any other another provision of law or
2 charter to the contrary, an appointment to an elective or
3 appointive village office made by a quorum constituted by
4 temporary appointments
under this subsection shall expire
5 expires upon the election and qualification of trustees under the
6 special election called to fill the vacancies in the office of
7 trustee.
8 Sec. 382. If Except
as otherwise provided in this act,
9 the general law village act, 1895 PA 3, MCL 61.1 to 74.25, or the
10 home rule village act, 1909 PA 278, MCL 78.1 to 78.28, if the
11 charter of a village does not specify the time, manner, and means
12 of nominating and electing its public officers, the village shall
13 nominate and elect its officers in accordance with the provisions
14 governing the selection
of township city officers, as provided
15 in chapter XV. 16
of this act, except that nomination by caucus
16 or primary shall occur
on the third Monday in February and
17 village elections
shall be held on the second Monday in March
18 biennially in even
numbered years or annually as provided in
19 section 5 of chapter 2
of Act No. 3 of the Public Acts of 1895,
20 being section 62.5 of
the Michigan Compiled Laws.
21 Sec. 500f. The clerk of a township shall transmit to the
22 village clerk of a
village , the whole or part of which that
23 lies partly or
completely in the township , the information
24 necessary to complete the village registration of a person
25 registered under sections
500a to 500j. The clerk of a city or
26 township shall
transmit to the secretary of a school district,
27 where applicable, the
information on the application of a person
1 residing within the
school district and registered under sections
2 500a to 500j.
3 Sec. 500g. A registration card prepared under sections 500a
4 to 500j shall be sworn to and signed by the voter at the first
5 election during which the voter appears at the polls, or may be
6 signed in the office
of the secretary of the school district or
7 in the clerk's office. The application shall be retained by
the
8 city or township clerk for signature purposes until the
9 registration card is signed, except that the application shall be
10 sent to the appropriate precinct for each election until the
11 registration card is signed. The secretary of state may provide
12 an application form which
that allows a completed affidavit
13 attestation to be attached to a registration card prepared by a
14 local clerk. The registrant shall not be required to sign a
15 registration card if the
completed affidavit attestation is
16 attached.
17 Sec. 501a. The board
of election commission commissioners
18 of a city, village, or township may authorize the clerk of the
19 city, village, or township to create a registration list. The
20 registration list shall be alphabetically arranged and shall
21 contain the name of each registered elector in a precinct. The
22 name shall be followed by the address and date of birth of the
23 elector. The board of
election commission commissioners may
24 also provide that the registration list may be used instead of
25 the precinct registration file when this act provides for the use
26 of a precinct
registration file. A school district or an
27 intermediate school
district may also use a registration list
1 instead of the
precinct registration file when a precinct
2 registration file is
required. A city, village, or
township
3 shall maintain a file containing the signature of each elector
4 registered in the city, village, or township.
5 Sec. 505. (1) At the time an elector is applying for
6 registration, the registration officer shall ascertain if the
7 elector is already registered as a voter. If the elector is
8 previously registered, the elector shall at the time of applying
9 for registration sign an
authorization to cancel any a previous
10 registration. The secretary of state shall prescribe forms for
11 this purpose. The form may be a part of the application or a
12 separate form. The clerk of the city or township in which the
13 elector is newly registered shall notify the registration officer
14 of the place of previous registration of the authorization to
15 cancel.
16 (2) An
authorization to cancel which that indicates a
17 previous address in a state other than this state shall be
18 forwarded to the secretary of state of that state. Notice may be
19 made by forwarding the separate cancellation form, by forwarding
20 the portion of an application listing a previous place of
21 registration, or by forwarding a list certified by the clerk
22 containing the names of people authorizing cancellation.
23 (3) Notices of cancellation shall contain the name, birth
24 date, and address at which the elector was previously registered,
25 and the name of the city or township of previous registration of
26 all persons authorizing cancellations. Notices shall be sent
27 within 30 days after receipt, but not later than 5 days after the
1 close of registration.
2 (4) Upon receipt of the notice, the clerk shall cancel the
3 registration of the persons listed on the notice. The clerk
4 receiving the notice
shall also notify the registration officer
5 clerk of each village and
school district in which the a
6 person listed on the notice resides of receipt of an
7 authorization to cancel. An authorization to cancel a voter
8 registration signed by the voter and received from another state
9 or a notice from an election official of another state that an
10 elector has registered in
that state shall have has the same
11 force and effect as the notice of authorization to cancel of this
12 state.
13 Sec. 509n. The secretary of state is responsible for the
14 coordination of the requirements imposed under this chapter and
15 the national voter registration act of 1993. The secretary of
16 state shall do all of the following:
17 (a) Develop a mail registration form and make the form
18 available for distribution through governmental and private
19 entities, with special emphasis on making the form available to
20 voter registration programs established for the purpose of
21 registering citizens of this state to vote.
22 (b) Instruct
designated voter registration agencies ; and
23 county, city, township,
and village clerks ; and school
24 officials regarding about the voter registration procedures and
25 requirements imposed by law.
26 (c) By June 15 of each odd numbered year, submit to each
27 member of the committees of the senate and house of
1 representatives with primary responsibility for election matters
2 a report on the qualified voter file. The report shall include,
3 but need not be limited to, both of the following:
4 (i) Information on the efficiency and effectiveness of the
5 qualified voter file as a voter registration system.
6 (ii) Any recommendations Recommendations
of the secretary
7 of state for amendments to this act to increase the efficiency
8 and effectiveness of the qualified voter file as a voter
9 registration system.
10 Sec. 509r. (1) The secretary of state shall establish and
11 maintain the computer system and programs necessary to the
12 operation of the qualified voter file. The secretary of state
13 shall allow each county, city, township, or village access to the
14 qualified voter file. The county, city, township, and village
15 clerks shall verify the accuracy of the names and addresses of
16 registered voters in the qualified voter file.
17 (2) Subject to subsection (3), the secretary of state and
18 county, city, township, and village clerks shall compile the
19 qualified voter file that consists of all qualified electors from
20 the following sources and in the following priority:
21 (a) A driver's license or, if there is no driver's license, a
22 state personal identification card, including renewals and
23 changes of address with the department of state.
24 (b) An application for benefits or services, including
25 renewals and changes of address, taken by a designated voter
26 registration agency.
27 (c) An application to register to vote taken by a county,
1 city, township, or
village clerk. or secretary of a school
2 board.
3 (3) A person whose name does not otherwise appear in the
4 qualified voter file shall be placed in the qualified voter file
5 only if the person signs under penalty of perjury an application
6 that contains an attestation that the applicant meets all of the
7 following requirements:
8 (a) Is 17-1/2 years of age or older.
9 (b) Is a citizen of the United States and this state.
10 (c) Is a resident of the city or township where the person's
11 street address is located.
12 (4) A designated voter registration agency or a county, city,
13 township, or village clerk shall not add to, delete from, or
14 change any information contained in the qualified voter file
15 during the period beginning on the seventh day before an election
16 and ending on the day of the election.
17 Sec. 509gg. The information described in this section that
18 is contained in a registration record is exempt from the freedom
19 of information act, Act
No. 442 of the Public Acts of 1976,
20 being sections 15.231
to 15.246 of the Michigan Compiled Laws
21 1976 PA 442, MCL 15.231 to 15.246. The secretary of state, a
22 designated voter registration agency, or a county, city,
23 township, or village
clerk , or the secretary of a school board
24 shall not release a copy of that portion of a registration record
25 that contains any of the following:
26 (a) The record that a person declined to register to vote.
27 (b) The office that received a registered voter's
1 application.
2 (c) A registered
voter's driver driver's license or state
3 personal identification card number.
4 (d) The month and day of birth of a registered voter.
5 (e) The telephone number provided by the registered voter.
6 Sec. 538. Primary election notices shall be published and
7 posted in the same
manner as nearly as may be as provided in
8 section 653 of this
act for elections 653a.
9 Sec. 635. It
shall be lawful to call a A special election
10 for the submission of any
a proposition on any regular or
11 special primary day may be held on a regular election date.
12 Sec. 642. (1) If a city council, village council, or school
13 board has not adopted, in compliance with the time and procedural
14 requirements of subsection (2), a resolution to alter the city's,
15 village's, or school district's regular election or regular
16 election primary date as permitted under section 642a, then,
17 after December 31, 2004, a city, village, or school district
18 shall hold its regular election or regular primary election as
19 follows:
20 (a) A city or village shall hold its regular election for a
21 city or village office at the general election.
22 (b) A city shall hold its regular election primary on the
23 August regular election date immediately before the general
24 election.
25 (c) A school district shall hold its regular election for the
26 office of school board member at the odd year general election.
27 (2) A resolution permitted under section 642a is valid only
1 if a city council, village council, or school board adopts the
2 resolution in compliance with all of the following:
3 (a) The resolution is adopted before 1 of the following:
4 (i) If the resolution is permitted under section 642a(1),
5 (3), or (5), January 1, 2005.
6 (ii) If the resolution is permitted under section 642a(2),
7 (4), or (7), January 1 of the year in which the change in the
8 date of the election takes effect.
9 (b) Before adopting the resolution, the council or school
10 board holds at least 1 public hearing on the resolution.
11 (c) The council or school board gives notice of each public
12 hearing on the resolution in a manner designed to reach the
13 largest number of the jurisdiction's qualified electors in a
14 timely fashion, and the notice states at least the following, as
15 applicable:
16 (i) That the hearing is being held on the issue of whether to
17 schedule the city's or village's regular election on the May
18 regular election date and that, if the resolution is not adopted,
19 the city's or village's regular election will be held at the
20 general election.
21 (ii) That the hearing is being held on the issue of whether
22 to schedule the city's or village's regular election at the
23 general election and that, if the resolution is not adopted, the
24 city's or village's regular election will continue to be held on
25 the May regular election date.
26 (iii) That the hearing is being held on the issue of whether
27 to schedule the city's regular election primary at the September
1 primary election and that, if the resolution is not adopted, the
2 city's regular election primary will be held on the August
3 regular election date.
4 (iv) That the hearing is being held on the issue of whether
5 to schedule the city's regular election primary on the August
6 regular election date and that, if the resolution is not adopted,
7 the city's regular election primary will continue to be held at
8 the September primary election.
9 (v) That the hearing is being held on the issue of whether to
10 schedule the school district's regular election at other than the
11 odd year general election and that, if the resolution is not
12 adopted, the school district's regular election will be held at
13 the odd year general election. The notice shall specifically
14 state the regular election date permitted under section 642a(5)
15 on which the school board is proposing that the school district's
16 regular election be held.
17 (vi) That the hearing is being held on the issue of whether
18 to schedule the school district's regular election at the odd
19 year general election and that, if the resolution is not adopted,
20 the school district's regular election will continue to be held
21 on the date on which it is currently being held.
22 (d) The council or school board votes on the resolution
23 immediately following the close of a public hearing on the
24 resolution and, on a record roll call vote, a majority of the
25 council's or school board's members, elected or appointed, and
26 serving, adopt the resolution.
27 (e) The council or school board files the resolution with the
1 secretary of state.
2 (3) This section takes effect September 1, 2004.
3 Sec. 642a. (1) If, on the effective date of this section, a
4 city or village holds its regular election at other than the
5 general election, the city or village council may choose to hold
6 the regular election on the May regular election date by adopting
7 a resolution in compliance with section 642. Except as provided
8 in subsection (2) and subject to subsection (8), if a city or
9 village council adopts the resolution in compliance with
10 section 642 to hold its regular election on the May regular
11 election date, after December 31, 2004, the city's or village's
12 regular election is on the May regular election date. If a
13 city's regular election is held on the May regular election date,
14 the city's regular election primary shall be held on the February
15 regular election date immediately before its regular election.
16 (2) After December 31, 2004, a city or village council that
17 adopted a resolution so that its regular election is held on the
18 May regular election date may change its regular election to the
19 general election by adopting a resolution in compliance with
20 section 642. Subject to subsection (8), if a city or village
21 council adopts the resolution in compliance with section 642 to
22 hold its regular election at the general election, after
23 December 31 of the year in which the resolution is adopted, the
24 city's or village's regular election is at the general election.
25 (3) If, on the effective date of this section, a city holds
26 its regular election primary at the September primary election,
27 the city council may choose to continue holding its regular
1 election primary at the September primary election by adopting a
2 resolution in compliance with section 642. Except as provided in
3 subsection (4) and subject to subsection (8), if a city council
4 adopts the resolution in compliance with section 642 to hold its
5 regular election primary at the September primary election, after
6 December 31, 2004, the city's or village's regular election
7 primary is at the September primary election.
8 (4) After December 31, 2004, a city council that adopted a
9 resolution so that its regular election primary is held at the
10 September primary election may change its regular election
11 primary to the August regular election date by adopting a
12 resolution in compliance with section 642. Subject to
13 subsection (8), if a city council adopts the resolution in
14 compliance with section 642 to hold its regular election primary
15 on the August regular election date, after December 31 of the
16 year in which the resolution is adopted, the city's or village's
17 regular election primary is on the August regular election date.
18 (5) If, on the effective date of this section, a school
19 district holds its regular election at other than the odd year
20 general election, the school district's school board may choose
21 to hold its regular election on 1 of the following by adopting a
22 resolution in compliance with section 642:
23 (a) The odd year May regular election date.
24 (b) The general election in both even and odd years.
25 (c) The May regular election date in both even and odd
26 years.
27 (6) Except as provided in subsection (7), if a school board
1 adopts the resolution in compliance with section 642 to hold its
2 regular election on an election date permitted under
3 subsection (5), after December 31, 2004, the school board's
4 school district shall hold its regular election on the regular
5 election date adopted in the resolution.
6 (7) After December 31, 2004, a school district's school board
7 that adopted a resolution so that its regular election is held on
8 a date other than at the odd year general election may change its
9 regular election to the odd year general election by adopting a
10 resolution in compliance with section 642. If a school board
11 adopts the resolution in compliance with section 642 to hold its
12 regular election at the odd year general election, after
13 December 31 of the year in which the resolution is adopted, the
14 school board's school district shall hold its regular election at
15 the odd year general election.
16 (8) Except as otherwise provided in this subsection, a
17 resolution permitted under this section and adopted in compliance
18 with section 642 is effective for the purpose for which it is
19 adopted regardless of a city or village charter or ordinance, or
20 a school district bylaw, to the contrary. Regardless of the day
21 on which a city holds its regular election or regular election
22 primary, the city shall hold those elections in each even year or
23 odd year, or both, as provided by its charter. Regardless of the
24 day on which a home rule village or general law village holds its
25 regular election, the home rule village or general law village
26 shall hold that election in each even year or odd year, or both,
27 as provided by its charter or ordinances.
1 (9) This section takes effect September 1, 2004.
2 Sec. 643. At the
general November elections election, the
3 following officers shall be elected when required by law:
4 (a) Presidential electors.
5 (b) In the state at large, a governor and a lieutenant
6 governor, a secretary of state, and an attorney general.
7 (c) A United States senator.
8 (d) In each congressional district, a representative in
9 congress.
10 (e) In each state senatorial district, a state senator.
11 (f) In each state representative district, a representative
12 in the state legislature.
13 (g) Justices of the supreme court.
14 (h) Two members of
the state board of education. , except as
15 provided in section
282a.
16 (i) Two regents of the University of Michigan.
17 (j) Two trustees of Michigan State University.
18 (k) Two governors of Wayne State University.
19 (l) In each county or district, judges of the court of
20 appeals, a judge or judges of the circuit court, a judge or
21 judges of probate, a judge or judges of the district court, a
22 prosecuting attorney, a sheriff, a treasurer, an auditor, a mine
23 inspector, a county road commissioner, a drain commissioner, a
24 surveyor, and, subject to section 200, a clerk and a register of
25 deeds or a clerk register.
26 (m) Township officers.
27 (n) Any other officers required by law to be elected at that
1 election.
2 Sec. 644e. All
officers Except as provided in section
3 642, an officer required to be elected at the odd year general
4 election shall be
nominated at the odd year primary elections
5 except where a city
charter provides otherwise for city
6 officers. Where a
city election. Subject to
section 382, if a
7 charter provides for nomination by caucus or by filing a petition
8 or affidavit directly for the general election, or provides for
9 the election at the primary of a candidate who receives more than
10 50% of the votes cast for that office, the governing body by
11 ordinance may provide for a caucus date, filing date, or other
12 provisions to the extent necessary to be consistent with the odd
13 year general election requirement of this act and the intent of
14 the charter provisions.
15 Sec. 644g. (1) A term of office shall not be shortened by
16 the provisions of
sections 644a 641 to 644l 644i.
An officer
17 scheduled by prior law to
be elected at a time other than in
18 November of an odd
numbered year the odd year
general election
19 shall not be elected on the date scheduled but shall continue in
20 office until a successor
takes office pursuant to after being
21 elected in the first odd year general election following that
22 date. If the regular election date for holding a jurisdiction's
23 regular election is changed under section 642 or 642a, the term
24 of an official who was elected before the effective date of the
25 change continues until a successor is elected and qualified at
26 the next regular election following the date the official's term
27 would have ended but for the change of the day of the
1 jurisdiction's regular election.
2 (2) Notwithstanding any
a law or charter provision to the
3 contrary, any an
officer required to be elected at the odd year
4 general election, who by law or charter is elected for a term of
5 an odd number of years shall, after the effective date of the
6 amendatory act that added section 642, be elected hereafter for
7 a term of 1 year longer than provided by law or charter.
8 (3) In home rule cities where the charter provides for the
9 election of city officers
at a time other than in November of
10 odd numbered years at the odd year general election and provides
11 that members of the governing body are not all to be elected in
12 the same year, the governing body by ordinance adopted prior to
13 April 1, 1971 , may alter the length of terms now provided
by
14 charter to provide that the city may continue to elect part of
15 the governing body at each election. A term shall not be
16 extended beyond January 1
following the first odd numbered year
17 general election at which
the officer would be elected pursuant
18 to as provided by charter. A term shall not be
for more than 4
19 years.
20 Sec. 644k. (1) If
all or a portion of a school district or
21 a community college district is wholly or partly within
a
22 city 1 or more than 1 city cities
that elects elect city
23 officers at the odd year
general election, the school district
24 or community college district , except a first class
school
25 district, may hold its election biennially at the odd year
26 general election if
existing law requires or an agreement
27 pursuant to section
533 of Act No. 269 of the Public Acts of
1 1955, as amended,
being section 340.533 of the Michigan Compiled
2 Laws, authorizes each city to conduct the school or community
3 college election at the same time as and in conjunction with the
4 city election.
5 (2) The board of education
of a school district or the board
6 of trustees of a community college district may
determine by
7 resolution whether the district shall hold its election as
8 provided in this section. The resolution shall be adopted
9 before May 1, 1971,
if it is to be applicable to the 1971 odd
10 year general election,
otherwise it shall be adopted not
less
11 than 6 months preceding
before the date of any a regularly
12 scheduled school or community
college district election. In
13 its resolution the board shall provide that the term of office of
14 members of the school
district or board of trustees of the
15 community college district
board shall be for an even number of
16 years and shall provide
for an election schedule which that
17 implements the change. A term may be extended for not more than
18 1 year for this purpose. The board may change the filing date of
19 nominating petitions for board of education candidates to conform
20 with the filing dates of a city election that is held in
21 conjunction with the
school board election. In the case of
22 school elections held
in accordance with this section, the last
23 date for nomination
shall not be more than 49 days before the
24 scheduled school
election. The board may provide that
all
25 members shall not be
elected at the same election. Incumbents'
26 terms shall be in
accordance with An incumbent's
term is
27 determined under section 644g(1). The date for taking office
1 shall be as is prescribed in section 644h.
2 (3) This section shall
does not be deemed to change the
3 prior provisions of law regarding petitions, nominations, or the
4 conduct of school
district and community college district
5 elections other than to allow a change in the date of the regular
6 district election and changes in the date for taking office and
7 the terms of office related to the change in election date.
8 Sec. 646a. (1) If a local officer is to be elected at a
9 general November election,
or on the first Monday of April in an
10 odd numbered year, candidates for the local office shall be
11 nominated in the manner provided by law or charter, subject to
12 sections 641 and 642. If
the candidates are to be nominated at
13 a fall primary
election, the primary shall be held on the same
14 day as is provided by
law for holding the county or state primary
15 election before that
election, except as provided in section
16 646b. If the candidates
are to be elected in April, the primary
17 shall be held on the
third Monday in February. If
candidates for
18 the local office are to be nominated at caucuses, the caucuses
19 shall be held on a date
before the date set for the above
20 mentioned primary election or on the Saturday preceding before
21 the day of the primary election as determined by the local
22 legislative body at least
20 days preceding before the date of
23 the caucus. If candidates are nominated by filing petitions or
24 affidavits, they shall be filed at a time provided by charter,
25 but not later than the
date of the primary. If a Except as
26 provided in section 642, the
local primary election is to shall
27 be held on the same day as a state or county primary election.
1 If a state or county primary is being held on the same day, the
2 last day for local
candidates to file nominating petitions shall
3 be is the same as the last date to file petitions
for state and
4 county offices. The names of all local candidates and titles of
5 office shall be certified to the county clerk by the local clerk
6 within 5 days after the last day for filing petitions, and
7 certification of nominees shall be made to that clerk within 5
8 days after the date on which the primary or caucus was held.
9 (2) If a local, school district, or county ballot question is
10 to be voted on at a primary, special, regular, or general
11 election at which state officers are to be voted for, the ballot
12 wording of the ballot question shall be certified to the local or
13 county clerk at least 70 days before the election. If the
14 wording is certified to a clerk other than the county clerk, the
15 clerk shall certify the ballot wording to the county clerk at
16 least 68 days before the election. Petitions to place a county
17 or local ballot question on the ballot at the election shall be
18 filed with the clerk at least 14 days before the date the ballot
19 wording must be certified
to the local clerk. For the year
20 2002, the
certification and filing deadlines prescribed by this
21 subsection do not
apply to a local or county ballot question that
22 is required to be
placed on the ballot by state statute.
23 (3) The provisions of this section apply notwithstanding any
24 provisions of law or charter to the contrary, unless an earlier
25 date for the filing of affidavits or petitions, including
26 nominating petitions, is provided in a law or charter, in which
27 case the earlier filing date is controlling.
1 Sec. 659. (1) If a county, city, ward, township, or village
2 is divided into 2 or more election precincts, the county, city,
3 ward, township, or village election commissioners may, by
4 resolution, consolidate the election precincts for a particular
5 election that is not a general November election, primary
6 election immediately before a general November election, or other
7 statewide or federal election. In making the determination to
8 consolidate election precincts for a particular election, the
9 election commission shall take into consideration the number of
10 choices the voter must make, the percentage of registered voters
11 who voted at the last similar election in the jurisdiction, and
12 the intensity of the interest of the electors in the jurisdiction
13 concerning the candidates and proposals to be voted upon. double
14 (2) A consolidation under this section shall be made not
15 less than 60 days before a primary, general, or special
16 election.
17 (3) Unless the polling places for the election precincts to
18 be consolidated are located in the same building, when a county,
19 city, ward, township, or village consolidates election precincts
20 for a particular election under subsection (1), the election
21 commissioners or other designated election officials shall do
22 both of the following:
23 (a) Provide notice to the registered electors of the
24 affected election precincts of the consolidation of election
25 precincts for the particular election and the location of the
26 polling place for the election precinct or precincts for that
27 election. Notice may be provided by mail or other method
1 designed to provide actual notice to the registered electors.
2 (b) Post a written notice at each election precinct polling
3 place stating the location of the consolidated election precinct
4 polling place.
5 (4) If a county, city, ward, township, or village
6 consolidates election precincts under this section, each affected
7 election precinct shall be treated as a whole unit and shall not
8 be divided during the consolidation.
9 Sec. 690. The township, city, or village board of election
10 commissioners , as
the case may be, shall cause for each
11 jurisdiction conducting the election shall have the ballots
12 required for any a
regular or special township, village, or
13 city, school, or community college election, or official primary
14 election for the nomination of candidates for township,
15 village, city, or ward, or community
college offices, to be
16 printed and delivered to the election commission's township,
17 village, or city
clerk , as the case may be, at least 10 days
18 before any such the
election. , and like The duties as are
19 hereinbefore enjoined imposed upon county boards of election
20 commissioners and upon county, township, and city clerks relative
21 to the printing, counting, packaging, sealing, and delivery of
22 official ballots , are
hereby enjoined imposed upon the
23 several township and municipal boards of election
commissioners
24 and upon the several
township, village, or city clerks
25 relative to the printing, counting, packaging, sealing, and
26 delivery of official
ballots for use in each precinct of such
27 the township, village,
or city at any such a municipal, or
1 township, village, school, or community college election.
2 Sec. 821. (1) The board of county canvassers shall meet at
3 the office of the county
clerk at 1 p.m. on the day succeeding
4 after the day of any
November a general election, August
5 primary, or presidential
primary election in the county. For
6 Except as provided in subsection (2), for other elections the
7 board shall meet within 5 days following the election.
8 (2) If, at an election held on the May regular election date,
9 a ballot question appears on the ballot concerning authorized
10 millage that is subject to a millage reduction as provided in
11 section 34d of the general property tax act, 1893 PA 206, MCL
12 211.34d, the board of county canvassers shall meet to canvass and
13 certify the results of the vote on that proposition after May 31
14 and before June 15 following the election.
15 Sec. 862. A
candidate for any office , including a
16 candidate at all
school elections except an election for board
17 members in a primary
school district, at any primary or election,
18 conceiving himself who believes he or she is aggrieved on
19 account of fraud or mistake in the canvass or returns of the
20 votes by the election
inspectors of election, or in the returns
21 made thereon by the
inspectors, may petition for a
recount of
22 the votes cast for that office in any precinct or precincts as
23 provided in this chapter.
24 Sec. 863. A qualified and registered elector voting in a
25 city, township, school
district other than a primary school
26 district at an
election for board members, or
village at the
27 last preceding election who believes there has been fraud or
1 error committed by the inspectors of election in its canvass or
2 returns of the votes cast at the election, upon a proposed
3 amendment to the charter
of the city or village or any other
4 proposition ballot question submitted to the voters of the
5 county, city, township, school district, community college
6 district, or village, may petition for a recount of the votes
7 cast in any precinct or precincts of that county, city, township,
8 school district, community college district, or village, upon
9 that proposed amendment
or other proposition ballot question as
10 provided in this chapter.
11 Sec. 954. The
petitions A recall petition shall be signed
12 by registered and qualified electors of the electoral district of
13 the official whose recall
is sought. In a school district where
14 school electors are
not required to be registered, the signers of
15 the petition shall not
be required to be registered electors and
16 the term
"registered and qualified electors" shall mean
17 "qualified
electors". Each signer of the
a recall petition
18 shall affix his or her signature, address, and the date of
19 signing. The persons
signing the A person who signs a recall
20 petition shall be a
registered and qualified electors elector
21 of the governmental subdivision designated in the heading of the
22 petition.
23 Sec. 963. (1) Within 35 days after the filing of the recall
24 petition, the filing official with whom the recall petition is
25 filed shall make an official declaration of the sufficiency or
26 insufficiency of the petition. If the recall petition is
27 determined to be insufficient, the filing official shall notify
1 the person or organization sponsoring the recall of the
2 insufficiency of the petition. It is not necessary to give
3 notification unless the person or organization sponsoring the
4 recall files with the filing official a written notice of
5 sponsorship and a mailing address.
6 (2) Immediately upon determining that the petition is
7 sufficient, but not later than 35 days after the date of filing
8 of the petition, the county clerk with whom the petition is filed
9 shall submit to the
county election scheduling committee a
10 proposed date for a
special election to be held within 60 days
11 after the submission
to the county scheduling committee call
the
12 special election to determine whether the electors will recall
13 the officer whose recall is sought. The election shall be held
14 on the next regular election date that is not less than 70 days
15 after the date the petition is filed.
16 (3) If a petition is
filed under section 959, the officer
17 filing official with whom
the petition is filed shall not submit
18 a proposed date to the
county election scheduling committee but
19 shall call the special election. subject to the
time
20 limitations set out in
this section. The election shall
be held
21 on the next regular election date that is not less than 70 days
22 after the petition is filed.
23 Sec. 971. (1) If the
recall was is successful, the
24 officer with whom the
recall petition was filed shall, within 5
25 days after receiving
the certification, submit to the county
26 election scheduling
committee a proposed date for a special
27 election to be held
within 60 days for the filling of the
1 vacancy. If any
primary or election is to be held in that
2 electoral district
within 4 months after the certification and at
3 a time as will permit
preparation for the election by election
4 officials as provided
by law, the election to fill the vacancy
5 shall be held
concurrently with that primary or election. a
6 special election to fill the vacancy shall be held on the next
7 regular election date.
The same provisions made in section
8 964 for calling and
conducting of the recall election govern in
9 the calling and conducting of the election to fill the vacancy
10 created, except as otherwise provided in this section.
11 (2) If a petition
is filed under section 959, the officer
12 with whom the petition
is filed shall not submit a proposed date
13 to the county election
scheduling committee, but shall call the
14 special election
subject to the same time limitations set out in
15 this section.
16 (2) (3) If
the governor appoints a review team under the
17 local government fiscal responsibility act, 1990 PA 72, MCL
18 141.1201 to 141.1291, to perform the functions prescribed in that
19 act relative to a city, township, or village and an elected
20 official of the city, township, or village was the subject of a
21 successful recall, the officer with whom the recall petition was
22 filed does not have the authority to propose a date for a special
23 election. If the review team described in this subsection is
24 appointed after the officer submits a proposed special election
25 date or the county election scheduling committee schedules the
26 special election as required by subsection (1), but before the
27 election is held, the officer's or county election scheduling
1 committee's action becomes void when the review team is
2 appointed. Within 5 days after the review team described in this
3 subsection reports its findings to the governor as required by
4 section 14 of the local government fiscal responsibility act,
5 1990 PA 72, MCL 141.1214, the review team shall submit to the
6 county election scheduling committee a proposed date for the
7 special election. A special election scheduled under this
8 subsection is subject to all of the other provisions of
9 subsection (1). This subsection applies to any special election
10 scheduled but not yet
held before the effective date of the
11 amendatory act that
added this sentence April 9, 2002.
12 Sec. 972. (1) Except as provided in subsection (2), a
13 candidate for a nonpartisan office shall be nominated and voted
14 for in an election
scheduled pursuant to under section 971 by
15 filing a nominating petition or paying a $100.00 nonrefundable
16 fee not later than 4 p.m. on the fifteenth day after the election
17 is called. The nominating petition shall be filed with the clerk
18 or secretary of the electoral district and signed by not less
19 than 3% of the
registered and a number of
qualified and
20 registered electors of the electoral district as determined under
21 section 544f. However,
a nominating petition for the office of
22 district library board
member shall be signed by not less than 3%
23 of the number of
persons voting in the district library district
24 at the last election
at which district library board members were
25 elected and filed with
the clerk of the largest county or, if a
26 school district is a
participating municipality, with the
27 secretary of the
largest participating school district. For the
1 purposes of this
subsection, the term "largest" has the meaning
2 ascribed to it in
section 2 of the district library establishment
3 act. Instead of filing a nominating petition, an
individual may
4 become a candidate by paying a $100.00 nonrefundable fee with the
5 clerk of the electoral district.
6 (2) This subsection applies to an election to fill a vacancy
7 for an unexpired term created by a recall of a school board
8 member, of a
board of education of a school district, if the
9 election is scheduled to
be held on the same date as an annual
10 school election or a general election. A nominating petition
11 filed by a candidate
shall be signed by a number of registered
12 and qualified and registered electors of the
school district
13 equal to not less
than 1% of the total number of votes received
14 by the candidate for
member of the board of education who
15 received the greatest
number of votes at the last election at
16 which members of the
board of education were elected, but the
17 number shall not be
less than 20 as determined under
section
18 544f. The nominating petition shall clearly state that it
19 relates to the filling of a vacancy for an unexpired term and
20 shall be filed with the secretary
of the board or in the office
21 of the board of
education school district filing
official, as
22 designated by section 301, not later than 4 p.m. on the fifteenth
23 day after the election is called. Instead of filing a nominating
24 petition, an individual may become a candidate by paying a
25 $100.00 nonrefundable fee to the school district filing official
26 not later than 4 p.m. on the fifteenth day after the election is
27 called.
1 Enacting section 1. Sections 5, 6, 8, 9a, 12, 325, 348,
2 639, 640, 644a, 644b, 644c, 644j to 646, 646b, and 758c of the
3 Michigan election law, 1954 PA 116, MCL 168.5, 168.6, 168.8,
4 168.9a, 168.12, 168.325, 168.348, 168.639, 168.640, 168.644a,
5 168.644b, 168.644c, 168.644j to 168.646, 168.646b, and 168.758c,
6 are repealed January 1, 2005.
7 Enacting section 2. Sections 642 and 642a of the Michigan
8 election law, 1954 PA 116, as added by this amendatory act, take
9 effect September 1, 2004.
10 Enacting section 3. Sections 2, 3, 4, 30a, 321, 322, 358a,
11 370, 381, 382, 500f, 500g, 501a, 505, 509n, 509r, 509gg, 538,
12 635, 643, 644e, 644g, 644k, 646a, 690, 821, 862, 863, 954, 963,
13 971, and 972 of the Michigan election law, 1954 PA 116, MCL
14 168.2, 168.3, 168.4, 168.30a, 168.321, 168.322, 168.358a,
15 168.370, 168.381, 168.382, 168.500f, 168.500g, 168.501a, 168.505,
16 168.509n, 168.509r, 168.509gg, 168.538, 168.635, 168.643,
17 168.644e, 168.644g, 168.644k, 168.646a, 168.690, 168.821,
18 168.862, 168.863, 168.954, 168.963, 168.971, and 168.972, as
19 amended by this amendatory act, take effect January 1, 2005.
20 Enacting section 4. Chapter XIV of the Michigan election
21 law, 1954 PA 116, as added by this amendatory act, takes effect
22 January 1, 2005.
23 Enacting section 5. This amendatory act does not take
24 effect unless all of the following bills of the 92nd Legislature
25 are enacted into law:
26 (a) Senate Bill No. ________ or House Bill No. 4820
27 (request no. 01918'03 *).
1 (b) Senate Bill No. ________ or House Bill No. 4821
2 (request no. 01919'03 *).
3 (c) Senate Bill No. ________ or House Bill No. 4822
4 (request no. 01919'03 a *).
5 (d) Senate Bill No. ________ or House Bill No. 4823
6 (request no. 01919'03 b *).
7 (e) Senate Bill No. ________ or House Bill No. 4825
8 (request no. 01920'03 a *).
9 (f) Senate Bill No. ________ or House Bill No. 4826
10 (request no. 01920'03 b *).
11 (g) Senate Bill No. ________ or House Bill No. 4827
12 (request no. 01920'03 c *).
13 (h) Senate Bill No. ________ or House Bill No. 4828
14 (request no. 01921'03 *).