November 10, 2011, Introduced by Senator HANSEN and referred to the Committee on Local Government and Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 4, 381, and 642a (MCL 168.4, 168.381, and
168.642a), section 4 as amended by 2010 PA 181, section 381 as
amended by 2010 PA 184, and section 642a as amended by 2010 PA 222;
and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. As used in this act:
(a) "School board" means the governing body of a school
district, including the board of trustees of a community college.
(b) "School board member" means an individual holding the
office of school board member under the revised school code, 1976
PA 451, MCL 380.1 to 380.1852, or the office of board of trustees
member under the community college act of 1966, 1966 PA 331, MCL
389.1 to 389.195. School board member includes a school board
member of an intermediate school district if that intermediate
school district has adopted sections 615 to 617 of the revised
school code, 1976 PA 451, MCL 380.615 to 380.617.
(c) "School district" means a school district, a local act
school district, or an intermediate school district, as those terms
are defined in the revised school code, 1976 PA 451, MCL 380.1 to
380.1852, or a community college district under the community
college act of 1966, 1966 PA 331, MCL 389.1 to 389.195.
(d) "School district election coordinating committee" means 1
of the following:
(i) For a school district whose entire territory lies within a
single city or township, a committee composed of the secretary of
the school board or his or her designee, the city or township
election commission, and the school district election coordinator.
(ii) For a school district that has territory in more than 1
city or township, a committee composed of the secretary of the
school board or his or her designee, the school district election
coordinator, and the clerk of each city or township in which school
district territory is located.
(e) "School district election coordinator" means 1 of the
following:
(i) For a school district whose entire territory lies within a
single city or township, the city or township clerk.
(ii) For a school district that has territory in more than 1
city or township, the county clerk of the county in which the
largest number of registered school district electors reside.
(f)
"September election" means the election held on the first
Tuesday
after the second Monday in September in an odd year for the
election
of village offices.
(f) (g)
"Special election" means
an election to elect an
individual to, or nominate an individual for, a partial term in
office or to submit a ballot question to the electors.
(g) (h)
"Special primary" means a
primary called by competent
authority for the nomination of candidates to be voted for at a
special election.
(h) (i)
"Uniform voting system"
means the voting system that
is used at all elections in every election precinct throughout the
state.
(i) (j)
"Village" is defined in
section 9.
Sec. 381. (1) Except as provided in this section and sections
383, 641, 642, 642a, 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.
Except
as provided in subsection (5), nominating Nominating
petitions for village offices shall be filed with the appropriate
township clerk by 4 p.m. on the twelfth Tuesday before the general
November election. After a nominating petition is filed for a
candidate for a village office, the candidate is not permitted to
withdraw unless a written withdrawal notice, signed by the
candidate, is filed with the appropriate township clerk not later
than 4 p.m. of the third day after the last day for filing the
nominating petition.
(5)
If a village council adopts a resolution in compliance
with
section 642(7) to hold its regular election at the September
election,
the nominating petitions for village offices to be filled
at
the September election shall be filed with the village clerk by
4
p.m. on the twelfth Tuesday before the September election. After
a
nominating petition is filed for a candidate for a village
office,
the candidate is not permitted to withdraw unless a written
withdrawal
notice, signed by the candidate, is filed with the
village
clerk not later than 4 p.m. of the third day after the last
day
for filing the nominating petition.
Sec. 642a. (1) After December 31, 2004, a city council that
adopted a resolution so that its regular election is held on the
May regular election date may change its regular election to the
odd year general election by adopting a resolution in compliance
with section 642. If a city council adopts the resolution in
compliance with section 642 to hold its regular election at the odd
year general election, after December 31 of the year in which the
resolution is adopted, the city's regular election is at the odd
year general election.
(2) After December 31, 2004, a city council that holds its
regular election for city offices annually or in the even year on
the November regular election date may change its regular election
schedule to the odd year general election and the odd year primary
election by adopting a resolution in compliance with section 642.
If a city council adopts the resolution in compliance with section
642, the city's regular election is at the odd year general
election and its primary is at the odd year primary election.
(3) After December 31, 2010, a city that adopted a resolution
so that its regular election primary is held at the September
election shall hold its regular election primary at the odd year
primary election.
(4) After December 31, 2011, a city that holds its regular
election for city offices annually or in the odd year on the
November regular election date may change its regular election
schedule to the even year general election and the even year
primary election by adopting a resolution in compliance with
section 642. If a city council adopts the resolution in compliance
with section 642, after December 31 of the year in which the
resolution is adopted, the city's regular election is at the even
year general election and its primary is at the even year primary
election.
(5) (4)
After December 31, 2004, a school
district's school
board that adopted a resolution so that its regular election is
held on a date other than at the odd year general election may
change its regular election to the odd year general election, the
general November election, the November regular election date in
both even and odd years, or the odd year May regular election date
by adopting a resolution in compliance with section 642. If a
school board adopts the resolution in compliance with section 642
to hold its regular election at the odd year general election, the
general November election, the November regular election date in
both even and odd years, or the odd year May regular election date,
after December 31 of the year in which the resolution is adopted,
the school board's school district shall hold its regular election
on the election date adopted in the resolution.
(6) (5)
After December 31, 2009, a school
district's school
board that holds its regular election for the office of school
board member at the odd year general election may change its
regular election to the general November election by adopting a
resolution in compliance with section 642. If a school board adopts
the resolution in compliance with section 642 to hold its regular
election at the general November election, after December 31 of the
year in which the resolution is adopted, the school board's school
district shall hold its regular election at the general November
election.
(6)
After December 31, 2004, a village council that adopted a
resolution
so that its regular election is held on the September
election
date may change its regular election to the November
regular
election date by adopting a resolution in compliance with
section
642. If a village council adopts the resolution in
compliance
with section 642 to hold its regular election at the
November
regular election date, after December 31 of the year in
which
the resolution is adopted, the village's regular election is
at
the November regular election date.
(7) After December 31, 2011, a village that adopted a
resolution so that its regular election is held at the September
election shall hold its regular election at the general November
election.
Enacting section 1. Section 500f of the Michigan election law,
1954 PA 116, MCL 168.500f, is repealed.