January 22, 2007, Introduced by Rep. Opsommer and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 358 and 362 (MCL 168.358 and 168.362), section
358 as amended by 1999 PA 16 and section 362 as amended by 1980 PA
112.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 358. (1) In every township, there shall be a general
November election in each even-numbered year for the election of
officers and the submission of propositions, as provided by law. At
the 1980 general November election, there shall be elected by
ballot all of the following township officers:
(a) A supervisor.
(b) A clerk.
(c) A treasurer.
(d) Two trustees.
(e) Not more than 4 constables.
(f) If authorized by law and after a township takes the
actions provided in section 11 of 1877 PA 164, MCL 397.211, 6 free
public library directors.
(g) If a township takes the actions provided in section 1 of
former 1931 PA 271 or section 6 of 1905 PA 157, MCL 41.426, the
number of park commission members provided for under section 6 of
1905 PA 157, MCL 41.426.
(2) Except as otherwise provided in this subsection, the order
of offices on the township portion of the ballots shall be the same
as the order in which the officers are listed in subsection (1).
Free public library directors shall be listed on the nonpartisan
portion of the ballot.
(3) Subject to the limitation in subsection (1), the number of
constables to be elected at the 1992 general November election and
each general November election at which township offices are
regularly to be elected after 1992 shall be determined by the
township board by resolution not less than 6 months before the
township primary election preceding the general November election.
The resolution that specifies the number of constables to be
elected applies in that township until a subsequent resolution is
adopted altering that number. If a determination as to the number
of constables to be elected is not made by the township board by
the deadline under this subsection for the 1992 general election,
the number of constables to be elected shall be the same number
that was elected in that township in the 1988 general November
election until a resolution is adopted to provide for the election
of a different number of constables.
(4) In a township having a population of 5,000 or more, or
having 3,000 or more qualified and registered electors as shown by
the registration records at the close of registration for the last
preceding general November election, there may be elected 4
trustees. In other townships there shall be 2 trustees. A township
shall not elect 4 trustees unless the election of additional
trustees is approved by the voters at a general November election
or by a majority of the voters attending at an annual meeting. The
township board of a township having a population of 5,000 or more,
or having 3,000 or more qualified and registered electors, shall
cause the question of electing additional trustees to be voted on
at the first general November election or annual meeting following
the township's qualifying for additional trustees. If a majority of
the electors voting on the question vote in favor of electing 4
trustees, the township shall thereafter elect 4 trustees. If a
majority of the electors voting on the question do not vote in
favor of electing 4 trustees, the township board may resubmit the
question at a subsequent general November election or annual
meeting or the question shall be submitted at the first general
November election or annual meeting held not less than 84 days
following the submission of a petition containing the signatures of
not less than 10% of the registered and qualified electors of the
township, as shown by the registration records at the close of
registration for the last general November election, asking that
the question be submitted.
(5) At the first general November election in a township held
not less than 4 months after the provisions of this section
relative to additional trustees are adopted by a township, there
shall be elected the number of trustees necessary to make a total
of 4 trustees. If the additional trustees are elected at a general
November election that is not a regular township election, the
additional trustees shall hold office only until a successor is
elected at the next regular township election and qualifies for
office.
(6) This section does not prohibit townships electing 4
trustees as of September 13, 1958 from continuing to do so.
(7) This subsection applies to a township or charter township
that provides by resolution for staggered terms of office for its
board members as provided in section 70a of 1846 RS 16, MCL 41.70a,
or section 5a of the charter township act, 1947 PA 359, MCL 42.5a.
At the first general November election held after the adoption of a
resolution providing for staggered terms of office, the supervisor
and 1/2 of the trustees who have the highest number of votes cast
shall be elected and hold office for an initial term of 6 years.
The clerk, treasurer, and remaining trustees who have the next
highest number of votes cast at that first general November
election shall be elected and hold office for an initial term of 4
years. After the initial terms of office expire, board members
shall be elected for a term of office as provided in section 362.
Sec.
362. (1) The term of office of township trustees elected
in
1978 shall be 2 years. The term of office of all township
officers
listed in section 358 shall be 4 years beginning in the
1980
general election, and in all subsequent elections at which
township
officials are elected. All township officers' terms shall
commence
The term of office of an
elective township officer is 4
years, except as otherwise provided in section 358(7). An elective
township
officer's term commences at 12 noon on November 20 next
following
their the officer's election and they the officer shall
qualify
before assuming the duties of their office. Each elective
township officer shall hold office until a successor is elected and
qualified, but not beyond January 1 following the election. Failure
of
an elected elective township official officer to
qualify by
January
1 following the official's officer's
election shall create
creates
a vacancy which that shall
be filled as provided in section
370.
All An elective township officers officer,
other than those
one listed in section 358, shall be elected at the general November
election
immediately preceding before
the expiration of their the
term
of office and shall commence the duties of their the office
on
November
20 but not before they qualify the
officer qualifies
following
their the election.
(2) A township officer elected in the general November
election shall remain in office for the full term if the officer
failed to take the oath of office within the time prescribed by law
and was subsequently appointed by the township board to the office
for which the officer ran.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 94th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4079(request no.
00856'07 a).
(b) Senate Bill No.____ or House Bill No. 4080(request no.
00856'07 b).