HB-4904, As Passed House, November 10, 2015HB-4904, As Passed Senate, November 5, 2015
September 22, 2015, Introduced by Rep. McBroom and referred to the Committee on Elections.
<<A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 641, 646a, and 841 (MCL 168.641, 168.646a, and
168.841), section 641 as amended by 2015 PA 101, section 646a as
amended by 2013 PA 253, and section 841 as amended by 1995 PA 261>>.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 641. (1) Except as otherwise provided in this section,
and
section 613a, an election held
under this act shall be held on
1 of the following regular election dates:
(a) The May regular election date, which is the first Tuesday
after the first Monday in May.
(b) The August regular election date, which is the first
Tuesday after the first Monday in August.
(c) The November regular election date, which is the first
Tuesday after the first Monday in November.
(d) In each presidential election year when a statewide
presidential primary election is held, the date of the statewide
presidential primary election as provided in section 613a.
(2) If an elective office is listed by name in section 643,
requiring the election for that office to be held at the general
election, and if candidates for the office are nominated at a
primary election, the primary election shall be held on the August
regular election date.
(3) Except as otherwise provided in this subsection and
subsection (4), a special election shall be held on a regular
election date. A special election called by the governor under
section 145, 178, 632, 633, or 634 to fill a vacancy or called by
the legislature to submit a proposed constitutional amendment as
authorized in section 1 of article XII of the state constitution of
1963 may, but is not required to be, held on a regular election
date.
(4) A school district may call a special election to submit a
ballot question to borrow money, increase a millage, or establish a
bond if an initiative petition is filed with the county clerk. The
petition shall be signed by a number of qualified and registered
electors of the district equal to not less than 10% of the electors
voting in the last gubernatorial election in that district or 3,000
signatures, whichever number is lesser. Section 488 applies to a
petition to call a special election for a school district under
this section. In addition to the requirements set forth in section
488, the proposed date of the special election shall appear beneath
the petition heading, and the petition shall clearly state the
amount of the millage increase or the amount of the loan or bond
sought and the purpose for the millage increase or the purpose for
the loan or bond. The petition shall be filed with the county clerk
by 4 p.m. of the twelfth Tuesday before the proposed date of the
special election. The petition signatures shall be obtained within
60 days before the filing of the petition. Any signatures obtained
more than 60 days before the filing of the petition are not valid.
If the special election called by the school district is not
scheduled to be held on a regular election date as provided in
subsection (1), the special election shall be held on a Tuesday. A
special election called by a school district under this subsection
shall not be held within 30 days before or 35 days after a regular
election date as provided in subsection (1). A school district may
only call 1 special election pursuant to this subsection in each
calendar year.
(5) The secretary of state shall direct and supervise the
consolidation of all elections held under this act.
(6) This section shall be known and may be cited as the
"Hammerstrom election consolidation law".
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 of
a political subdivision of this state including, but not limited
to, a county, city, village, township, school district, special use
district, or other district 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 proper local or county clerk 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
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 to and control the
filing deadlines for candidates for local office to be elected at
House Bill No. 4904 as amended September 29, 2015
as amended November 4, 2015
the general November election and for all ballot questions of a
political subdivision of this state at any regular election,
primary election, or special election 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.
<<Sec. 841. (1) The board of state
canvassers shall canvass the returns and determine the result of all elections
for electors of president and vice-president vice president of the United States,
state officers, United States senators, representatives in congress, circuit judges, state senators and representatives elected by a
district that is located in more than 1 county, and other officers
as required by law. The board of state canvassers shall also determine the result of an election on a proposed amendment to the constitution
or on any other ballot question that has been submitted, pursuant to
law, to the qualified and registered electors of this state at large for ratification or rejection. The board of state canvassers shall canvass the returns and determine the result of an election on a ballot question submitted to the qualified and registered electors of more than 1 county under the regional transit authority act, 2012 PA 387, MCL 124.541 to 124.558. Upon making the determination, the board of state canvassers shall immediately prepare a certificate of determination and deliver the properly certified certificate of determination to the secretary of state.
(2) Upon receipt of a properly certified certificate of determination from a board of county canvassers pursuant to section 826, the board of state canvassers, at its next meeting, shall record the results of the county canvass contained in the certificate.>>
[
]
Enacting section [1]. <<Section 646a of the Michigan election
law, 1954 PA 116, MCL 168.646a, as amended by this>> amendatory act is curative and
intended to correct any misinterpretation of legislative intent by
the Michigan court of appeals in Meridian Charter Township v Ingham
County Clerk, 285 Mich App 581 (2009). It is the intent of the
legislature that <<section 646a of the Michigan election law, 1954
PA 116, MCL 168.646a, as amended by>> this amendatory act expresses
the original intent
of the legislature that MCL 168.646a(3) supersedes any and all
conflicting provisions of law or charter prescribing the filing
deadlines for candidates for local office to be elected at the
general November election and for all ballot questions of a
political subdivision of this state at any regular election,
primary election, or special election.