HOUSE BILL No. 5704

 

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

 


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 January

 

1, 2007.