May 10, 2005, Introduced by Reps. Ward, Elsenheimer, Brown, Hune, Steil, Jones, Hildenbrand, Gosselin, Drolet, Hummel, Palmer, Pastor and Kooiman 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 302 and 381 (MCL 168.302 and 168.381), section
302 as added by 2003 PA 302 and section 381 as amended by 2004 PA
290, and by adding sections 642c and 642d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 302. An individual is eligible for election as a school
board member if the individual is a citizen of the United States
and is a qualified and registered elector of the school district
the individual seeks to represent by the filing deadline. At least
1 school board member for a school district shall be elected at
each of the school district's regular elections held as provided in
section 642a
642c. Except as otherwise provided in this section
or section 310 or 644g, a school board member's term of office is
prescribed by the applicable provision of section 11a, 617, 701, or
703 of the revised school code, 1976 PA 451, MCL 380.11a, 380.617,
380.701, and 380.703, or section 34, 34a, 41, 54, or 83 of the
community college act of 1966, 1966 PA 331, MCL 389.34, 389.34a,
389.41, 389.54, and 389.83. A school board member's term begins on
1
of the following dates:
(a)
If elected at an election held on a November regular
election
date, January 1 immediately
following the election.
(b)
If elected at an election held on a May regular election
date,
July 1 immediately following the election.
Sec. 381. (1) Except as provided in subsection (2) and
sections 383, 641, 642, 642d, and 644g, the qualifications,
nomination, election, appointment, term of office, and removal from
office of a village officer shall be as determined by the charter
provisions governing the village.
(2) If the membership of the village council of a village
governed by the general law village act, 1895 PA 3, MCL 61.1 to
74.25, is reduced to less than a quorum of 4 and a special election
for the purpose of filling all vacancies in the office of trustee
is called under section 13 of chapter II of the general law village
act, 1895 PA 3, MCL 62.13, temporary appointments of trustees shall
be made as provided in this subsection. The board of county
election commissioners of the county in which the largest portion
of the population of the village is situated shall make temporary
appointment of the number of trustees required to constitute a
quorum for the transaction of business by the village council. A
trustee appointed under this subsection shall hold the office only
until the trustee's successor is elected and qualified. A trustee
who is temporarily appointed under this subsection shall not vote
on the appointment of himself or herself to an elective or
appointive village office.
(3) Notwithstanding another provision of law or charter to the
contrary, an appointment to an elective or appointive village
office made by a quorum constituted by temporary appointments under
this subsection expires upon the election and qualification of
trustees under the special election called to fill the vacancies
in the office of trustee.
(4) Filing for a village office shall be with the township
clerk if the township is conducting the election or if the village
is located in more than 1 township with the township in which the
largest number of the registered electors of the village reside.
Sec. 642c. (1) Beginning January 1, 2006, a school district
shall hold its regular election for the office of school board
member on 1 of the following:
(a) The November regular election date in both even and odd
years.
(b) The general November election date.
(c) The odd year general November election date.
(2) A school district's school board shall adopt a resolution
to hold its regular election on a date in compliance with this
section.
Sec. 642d. (1) Beginning January 1, 2006, a village shall hold
its regular election on 1 of the following:
(a) The November regular election date in both even and odd
years.
(b) The general November election date.
(c) The odd year general November election date.
(2) A village council shall adopt a resolution to hold its
regular election on a date in compliance with this act.
(3) The appropriate township clerk shall conduct the village
regular election.
(4) 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.
Enacting section 1. This amendatory act takes effect January
1, 2006.