HOUSE BILL No. 4904

 

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 and 646a (MCL 168.641 and 168.646a),

 

section 641 as amended by 2015 PA 101 and section 646a as amended

 

by 2013 PA 253.

 

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

 


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.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. 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 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.