HB-5704, As Passed Senate, December 7, 2006
February 16, 2006, Introduced by Reps. Gaffney and Elsenheimer and referred to the Committee on House Oversight, Elections, and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 312 and 646a (MCL 168.312 and 168.646a),
section 312 as amended by 2005 PA 71 and section 646a as amended by
2004 PA 295.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 312. (1) A school board may submit a ballot question to
the school electors on a regular election date, on a date when a
city or township within the school district's jurisdiction is
holding
an election by adopting a resolution to that effect not
later
than the time permitted for certification under section
646a(2)
less than 70 days before the
election date, or on a
special election date as provided in section 641(4). The school
board shall certify the ballot question language to the school
district
election coordinator not later than the time permitted
for
certification under section 646a(2). If the ballot question is
submitted
on the same date as an election for a state or county
office,
the less than 70 days before
the election date. The school
district election coordinator shall send a copy of the ballot
question language to the county clerk of each county not less than
68 days before the election.
(2) If a special election is called on a date provided under
section 641(4), the school district election coordinating committee
shall schedule the special election date.
Sec. 646a. (1) If a local officer is to be elected at a
general November election, candidates for the local office shall be
nominated in the manner provided by law or charter, subject to
sections 641 and 642. If candidates for the local office are to be
nominated at caucuses, the caucuses shall be held on a date before
the date set for the primary election or on the Saturday before the
day of the primary election as determined by the local legislative
body at least 20 days before the date of the caucus. If candidates
are nominated by filing petitions or affidavits, they shall be
filed at a time provided by charter, but not later than the date of
the primary. Except as provided in section 642, the local primary
election shall be held on the same day as a state or county primary
election. If a state or county primary is being held on the same
day, the last day for local candidates to file nominating petitions
is the same as the last date to file petitions for state and county
offices. The names of all local candidates and titles of office
shall be certified to the county clerk by the local clerk within 5
House Bill No. 5704 as amended November 30, 2006
days after the last day for filing petitions, and certification of
nominees shall be made to that clerk within 5 days after the date
on which the primary or caucus was held.
(2) If a local, school district, or county ballot question is
to be voted on at a regular election date or special election, the
ballot wording of the ballot question shall be certified to the
local or county clerk at least 70 days before the election. If the
wording is certified to a clerk other than the county clerk, the
clerk shall certify the ballot wording to the county clerk at least
68
days before the election. If a local, school district, or
county
ballot question is to be voted on at a regular election date
or
special election at which no state or federal offices are to be
voted
for, the ballot wording of the ballot question shall be
certified
to the local or county clerk responsible for printing the
ballots
at least 60 days before the election date. Petitions to
place a county or local ballot question on the ballot at the
election shall be filed with the clerk at least 14 days before the
date the ballot wording must be certified to the local clerk.
(3) The provisions of this section apply notwithstanding any
provisions of law or charter to the contrary, unless an earlier
date for the filing of affidavits or petitions, including
nominating petitions, is provided in a law or charter, in which
case the earlier filing date is controlling.
Enacting section 1. This amendatory act takes effect <<May 14,
2007.>>