HB-4393, As Passed House, April 25, 2013
SUBSTITUTE FOR
HOUSE BILL NO. 4393
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 312 and 646a (MCL 168.312 and 168.646a), as
amended by 2006 PA 647.
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
less
than 70 days later than 4
p.m. on the twelfth Tuesday 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 less than
70
days later than 4 p.m. on the
twelfth Tuesday 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 82 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 not later than 4 p.m. on the
twelfth Tuesday 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 82 days before the
election. 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 120 days
after the date it is enacted into law.