September 22, 2016, Introduced by Reps. McBroom, Aaron Miller, Canfield, Cole, Johnson, Webber and Goike and referred to the Committee on Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 192, 193, 197, 200, 223, 223a, 224, 228, 231,
253, 254, 258, 261, 345, 349, 355, 370, 370a, 697, and 699 (MCL
168.192, 168.193, 168.197, 168.200, 168.223, 168.223a, 168.224,
168.228, 168.231, 168.253, 168.254, 168.258, 168.261, 168.345,
168.349, 168.355, 168.370, 168.370a, 168.697, and 168.699),
sections 193, 224, 254, and 349 as amended by 2012 PA 276, section
200 as amended by 1998 PA 364, section 355 as amended by 2013 PA
51, sections 370 and 370a as amended by 2014 PA 94, and section 699
as amended by 2012 PA 523, and by adding sections 192a, 193a, 197a,
200a, 223b, 224a, 228a, 231a, 253a, 254a, 258a, 261a, 345a, 349b,
356a, and 357a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
192. A Except as otherwise
provided in section 192a, a
general primary election of all political parties shall be held in
every
county of this state on the Tuesday succeeding after the
first
Monday in August preceding before
the general November
election
at which the officers named in section 191 of this act are
to be elected, at which time the qualified and registered electors
of each political party may vote for party candidates for the
offices. This section shall not apply to political parties required
to nominate candidates at caucuses or conventions.
Sec. 192a. (1) The county board of commissioners of a county
with a population of less than 75,000 may adopt a resolution to
conduct nonpartisan elections for the offices of county clerk,
county treasurer, register of deeds, prosecuting attorney, sheriff,
drain commissioner, surveyor, and coroner. If a county board of
commissioners adopts a resolution as provided in this section, the
resolution takes effect on December 31 of the year in which the
resolution is adopted.
(2) If a county board of commissioners adopts a resolution as
provided under subsection (1), a general nonpartisan primary
election shall be held in that county on the Tuesday after the
first Monday in August before every general November election at
which a county clerk, county treasurer, register of deeds,
prosecuting attorney, sheriff, drain commissioner, surveyor, or
coroner is to be elected, at which time the qualified and
registered electors may vote for the nonpartisan candidates for the
office of county clerk, county treasurer, register of deeds,
prosecuting attorney, sheriff, drain commissioner, surveyor, or
coroner. If upon the expiration of the time for filing petitions or
a filing fee for the primary election of the county clerk, county
treasurer, register of deeds, prosecuting attorney, sheriff, drain
commissioner, surveyor, or coroner it appears that there are not to
exceed twice the number of candidates as there are persons to be
elected, then the county clerk shall certify to the county board of
election commissioners the name of the candidate for county clerk,
county treasurer, register of deeds, prosecuting attorney, sheriff,
drain commissioner, surveyor, or coroner whose petitions have been
properly filed and that candidate shall be so certified. As to that
office, there shall not be a primary election and this office shall
be omitted from the primary ballot.
Sec.
193. (1) To Except as
otherwise provided in section 193a,
to obtain the printing of the name of a person as a candidate for
nomination by a political party for an office named in section 191
under a particular party heading upon the official primary ballots,
there shall be filed with the county clerk nominating petitions
signed by a number of qualified and registered electors residing
within the county as determined under section 544f. Nominating
petitions
shall be in the form prescribed in section 544c. Until
December
31, 2013, the county clerk shall receive nominating
petitions
up to 4 p.m. of the twelfth Tuesday before the August
primary.
Beginning January 1, 2014, the The
county clerk shall
receive nominating petitions up to 4 p.m. of the fifteenth Tuesday
before the August primary.
(2)
To Except as otherwise
provided in section 193a, to obtain
the printing of the name of a candidate of a political party under
the particular party's heading upon the primary election ballots in
the various voting precincts of the county, there may be filed by
the candidate, in lieu of filing nomination petitions, a filing fee
of $100.00 to be paid to the county clerk. Payment of the fee and
certification of the candidate's name paying the fee shall be
governed by the same provisions as in the case of nominating
petitions. The fee shall be deposited in the general fund of the
county and shall be refunded to candidates who are nominated and to
an equal number of candidates who receive the next highest number
of votes in the primary election. If 2 or more candidates tie in
having the lowest number of votes allowing a refund, the sum of
$100.00 shall be divided among them. The deposits of all other
defeated candidates, as well as the deposits of candidates who
withdraw or are disqualified, shall be forfeited and the candidates
shall be notified of the forfeiture. Deposits forfeited under this
section shall be paid into and credited to the general fund of the
county.
Sec. 193a. (1) This section only applies if a county board of
commissioners adopts a resolution as provided under section 192a.
(2) Subject to subsection (3), to obtain the printing of the
name of a person as a candidate for nomination for the office of
county clerk, county treasurer, register of deeds, prosecuting
attorney, sheriff, drain commissioner, surveyor, or coroner upon
the official nonpartisan primary ballots, there shall be filed with
the county clerk nominating petitions signed by a number of
qualified and registered electors residing within the county as
determined under section 544f. Nominating petitions shall be in the
form prescribed in section 544a. The county clerk shall receive
nominating petitions up to 4 p.m. of the fifteenth Tuesday before
the August primary.
(3) Instead of filing nominating petitions, a candidate for
county clerk, county treasurer, register of deeds, prosecuting
attorney, sheriff, drain commissioner, surveyor, or coroner may pay
a filing fee of $100.00 to the county clerk. Payment of the filing
fee and certification of the candidate's name paying the filing fee
shall be governed by the same provisions as in the case of
nominating petitions. The fee shall be deposited in the general
fund of the county.
(4) The nominating petition signatures filed under this
section are subject to challenge as provided in section 552.
Sec.
197. The Except as
otherwise provided in section 197a,
the candidates of each political party for the offices named in
section
191 of this act receiving the greatest number of votes cast
for
said those offices, as set forth in the reports of the board of
county canvassers, based on the returns from the various election
precincts,
or as determined by said the
board as the result of a
recount, shall be declared the nominees of that political party for
said
those offices at the next ensuing November election. The
board
of
county canvassers shall forthwith certify such the nominations
to the county election commission.
Sec. 197a. (1) This section only applies if a county board of
commissioners adopts a resolution as provided under section 192a.
(2) The candidates for the office of county clerk, county
treasurer, register of deeds, prosecuting attorney, sheriff, drain
commissioner, surveyor, or coroner receiving the largest number of
votes at a primary election, to a number equal to twice the number
of places to be filled as set forth in the report of the board of
county canvassers, based on the returns from the various election
precincts or as determined by the board of county canvassers as a
result of a recount, shall be declared the nominees for the office
of county clerk, county treasurer, register of deeds, prosecuting
attorney, sheriff, drain commissioner, surveyor, or coroner at the
next November election. The board of county canvassers shall
certify the nominations to the county election commission.
Sec.
200. (1) A Except as
otherwise provided in section 200a,
a county clerk, a county treasurer, a register of deeds, a
prosecuting attorney, a sheriff, a drain commissioner, and a
surveyor shall be elected at the 2000 general November election and
every fourth year after that. However, in a county in which 1 of
these offices is abolished or combined as provided by law, no
person shall be elected to that office in that county.
(2) Subject to subsections (3), (4), and (5), a county board
of commissioners may by resolution combine the offices of county
clerk and register of deeds in 1 office of the clerk register or
separate the office of the clerk register into the offices of
county clerk and register of deeds. A combination or separation of
offices shall not take effect before the expiration of the current
term of the affected offices.
(3) Before adopting a resolution to combine the offices of
county clerk and register of deeds or separate the office of clerk
register into the offices of county clerk and register of deeds, a
county board of commissioners shall study the question of combining
or separating the offices. The mandatory requirements of this
subsection may be satisfied by conducting a public hearing pursuant
to subsection (4).
(4) The county board of commissioners as a whole body shall
hold not less than 1 public hearing, held subject to the open
meetings act, 1976 PA 267, MCL 15.261 to 15.275, on the question of
combining or separating the offices of county clerk and register of
deeds. The county board of commissioners may vote on the question
as a regularly scheduled agenda item not less than 10 days or more
than 30 days after the last public hearing held by the county board
of commissioners on the question.
(5) Not later than the sixth Tuesday before the deadline for
filing the nominating petitions for the office of county clerk,
register of deeds, or clerk register, the county board of
commissioners may by a vote of 2/3 of the commissioners elected and
serving combine the offices of county clerk and register of deeds
or separate the office of the clerk register. The resolution shall
become effective upon the commencement of the next term of office
of the county clerk, register of deeds, or clerk register after the
adoption of the resolution.
Sec. 200a. (1) This section only applies if a county board of
commissioners adopts a resolution as provided under section 192a.
(2) If there are fewer nominees for the office of county
clerk, county treasurer, register of deeds, prosecuting attorney,
sheriff, drain commissioner, surveyor, or coroner than there are
persons to be elected because of the death or disqualification of a
nominee less than 66 days before the general November election,
then a person shall not be elected at that general November
election for that office for which there is no nominee.
Sec.
223. A Except as otherwise
provided in section 223b, a
primary of all political parties shall be held on the Tuesday
succeeding
after the first Monday in August preceding before the
general November election in the year 1956 and every fourth year
thereafter, at which time the qualified and registered electors of
each political party may vote for party candidates for nomination
for
the office of county auditor. A primary of all political
parties
shall be held on the third Monday in February preceding the
general
April election in the year 1957 and every fourth year
thereafter,
and in the year 1959 and every fourth year thereafter,
at
which time the qualified and registered electors of each
political
party may vote for party candidates for nomination for
the
office of county auditor: Provided, That this This section
shall not apply to political parties required to nominate
candidates at conventions.
Sec. 223a. Notwithstanding the provisions of any general or
local acts to the contrary, in any county now or hereafter having a
population of 1,000,000 or more, any elected county auditor whose
term of office expires on December 31, 1965, shall continue in
office until December 31, 1966; any elected county auditor whose
term of office expires on December 31, 1967, shall continue in
office until December 31, 1968; any elected county auditor whose
term of office expires on December 31, 1968, shall continue in
office until December 31, 1970. Thereafter each county auditor
shall
be elected for a term of 6 years and until a successor shall
be
is elected and qualified. If for any reason the office
of county
auditor is abolished before the expiration of the term of any
county
auditor, the term shall be deemed considered to have expired
on the date the office was abolished. County auditors shall be
nominated and elected in all respects in the same manner as
provided
by law for the nomination and election of other partisan
county officers.
Sec. 223b. (1) The county board of commissioners of a county
with a population of less than 75,000 may adopt a resolution to
conduct nonpartisan elections for the office of county auditor. If
a county board of commissioners adopts a resolution as provided in
this section, the resolution takes effect on December 31 of the
year in which the resolution is adopted.
(2) If a county board of commissioners adopts a resolution as
provided under subsection (1), a general nonpartisan primary
election shall be held in that county on the Tuesday after the
first Monday in August before every general November election at
which a county auditor is to be elected, at which time the
qualified and registered electors may vote for the nonpartisan
candidates for the office of county auditor. If upon the expiration
of the time for filing petitions or a filing fee for the primary
election of the county auditor it appears that there are not to
exceed twice the number of candidates as there are persons to be
elected, then the county clerk shall certify to the county board of
election commissioners the name of the candidate for county auditor
whose petitions have been properly filed and that candidate shall
be so certified. As to that office, there shall not be a primary
election and this office shall be omitted from the primary ballot.
Sec.
224. (1) To Except as
otherwise provided in section 224a,
to obtain the printing of the name of a person as candidate for
nomination by a political party for the office of county auditor
under a particular party heading upon the official primary ballots,
there shall be filed with the county clerk nominating petitions
signed by a number of qualified and registered electors residing
within the county as determined under section 544f. Nominating
petitions
shall be in the form prescribed in section 544c. Until
December
31, 2013, the county clerk shall receive nominating
petitions
up to 4 p.m. of the twelfth Tuesday before the August
primary.
Beginning January 1, 2014, the The
county clerk shall
receive nominating petitions up to 4 p.m. of the fifteenth Tuesday
before the August primary.
(2)
To Except as otherwise
provided under section 224a, to
obtain the printing of the name of the candidate of a political
party under the particular party's heading upon the primary
election ballots in the various voting precincts of the county,
there may be filed by the candidate, in lieu of filing nominating
petitions, a filing fee of $100.00 to be paid to the county clerk.
Payment of the fee and certification of the name of the candidate
paying the fee shall be governed by the same provisions as in the
case of nominating petitions. The fee shall be deposited in the
general fund of the county and shall be refunded to candidates who
are nominated and to an equal number of candidates who received the
next highest number of votes in the primary election. If 2 or more
candidates tie in having the lowest number of votes allowing a
refund, the sum of $100.00 shall be divided among them. The
deposits of all other defeated candidates and of candidates who
withdraw or are disqualified shall be forfeited and the candidates
shall be notified of the forfeitures. Deposits forfeited under this
section shall be paid into and credited to the general fund of the
county.
Sec. 224a. (1) This section only applies if a county board of
commissioners adopts a resolution as provided under section 223b.
(2) Subject to subsection (3), to obtain the printing of the
name of a person as a candidate for nomination for the office of
county auditor upon the official nonpartisan primary ballots, there
shall be filed with the county clerk nominating petitions signed by
a number of qualified and registered electors residing within the
county as determined under section 544f. Nominating petitions shall
be in the form prescribed in section 544a. The county clerk shall
receive nominating petitions up to 4 p.m. of the fifteenth Tuesday
before the August primary.
(3) Instead of filing nominating petitions, a candidate for
county auditor may pay a filing fee of $100.00 to the county clerk.
Payment of the filing fee and certification of the candidate's name
paying the filing fee shall be governed by the same provisions as
in the case of nominating petitions. The fee shall be deposited in
the general fund of the county.
(4) The nominating petition signatures filed under this
section are subject to challenge as provided in section 552.
Sec.
228. The Except as
otherwise provided in section 228a,
the candidate of each political party for the office of county
auditor receiving the greatest number of votes cast for candidates
for
said that office, as set forth in the report of the board of
county canvassers, based on the returns from the various election
precincts,
or as determined by said the
board as the result of a
recount, shall be declared the nominee of that political party for
said
the office of
county auditor at the next ensuing November
election, and the board of county canvassers shall forthwith
certify
such the nomination to the county election commission not
later
than 35 days prior to said before
the ensuing election.
Sec. 228a. (1) This section only applies if a county board of
commissioners adopts a resolution as provided under section 223b.
(2) The candidates for the office of county auditor receiving
the largest number of votes at a primary election, to a number
equal to twice the number of places to be filled as set forth in
the report of the board of county canvassers, based on the returns
from the various election precincts or as determined by the board
of county canvassers as a result of a recount, shall be declared
the nominees for the office of county auditor at the next November
election. The board of county canvassers shall certify the
nominations to the county election commission.
Sec.
231. A Except as otherwise
provided in section 231a, a
county auditor shall be elected at the general November election in
the
year 1956 and every fourth year thereafter. , and in counties
electing
a county auditor in the spring, a county auditor shall be
elected
at the biennial spring election.
Sec. 231a. (1) This section only applies if a county board of
commissioners adopts a resolution as provided under section 223b.
(2) If there are fewer nominees for the office of county
auditor than there are persons to be elected because of the death
or disqualification of a nominee less than 66 days before the
general November election, then a person shall not be elected at
that general November election for that office for which there is
no nominee.
Sec.
253. A Except as otherwise
provided in section 253a, a
general primary election of all political parties shall be held on
the
Tuesday succeeding after the first Monday in August preceding
before every general November election in which county road
commissioners are elected, at which time the qualified and
registered electors of each political party may vote for party
candidates for the office of county road commissioner.
Sec. 253a. (1) The county board of commissioners of a county
with a population of less than 75,000 may adopt a resolution to
conduct nonpartisan elections for the office of county road
commissioner. If a county board of commissioners adopts a
resolution as provided in this section, the resolution takes effect
on December 31 of the year in which the resolution is adopted.
(2) If a county board of commissioners adopts a resolution as
provided under subsection (1), a general nonpartisan primary
election shall be held in that county on the Tuesday after the
first Monday in August before every general November election at
which county road commissioners are to be elected, at which time
the qualified and registered electors may vote for the nonpartisan
candidates for the office of county road commissioner. If upon the
expiration of the time for filing petitions or a filing fee for the
primary election of the county road commissioners it appears that
there are not to exceed twice the number of candidates as there are
persons to be elected, then the county clerk shall certify to the
county board of election commissioners the name of the candidate
for county road commissioner whose petitions have been properly
filed and that candidate shall be so certified. As to that office,
there shall not be a primary election and this office shall be
omitted from the primary ballot.
Sec.
254. (1) To Except as
otherwise provided in section 254a,
to obtain the printing of the name of a person as a candidate for
nomination by a political party for the office of county road
commissioner under a particular party heading upon the official
primary ballots, there shall be filed with the county clerk of the
county nominating petitions signed by a number of qualified and
registered electors residing within the county as determined under
section 544f. Nominating petitions shall be in the form prescribed
in
section 544c. Until December 31, 2013, the county clerk shall
receive
nominating petitions up to 4 p.m. of the twelfth Tuesday
before
the August primary in which county road commissioners are to
be
elected. Beginning January 1, 2014, the The county clerk shall
receive nominating petitions up to 4 p.m. of the fifteenth Tuesday
before the August primary in which county road commissioners are to
be elected.
(2)
To Except as otherwise
provided in section 254a, to obtain
the printing of the name of a candidate of a political party under
the particular party's heading upon the primary election ballots in
the various voting precincts of the county, there may be filed by
each candidate, in lieu of filing nominating petitions, a filing
fee of $100.00 to be paid to the county clerk. Payment of the fee
and certification of the name of the candidate paying the fee shall
be governed by the same provisions as in the case of nominating
petitions. The fee shall be deposited in the general fund of the
county and shall be returned to all candidates who are nominated
and to an equal number of candidates who received the next highest
number of votes in the primary election. If 2 or more candidates
tie in having the lowest number of votes allowing a refund, the sum
of $100.00 shall be divided among them. The deposits of all other
defeated candidates, as well as the deposits of candidates who
withdraw or are disqualified, shall be forfeited and the candidates
shall be notified of the forfeitures. Deposits forfeited under this
section shall be paid into and credited to the general fund of the
county.
Sec. 254a. (1) This section only applies if a county board of
commissioners adopts a resolution as provided under section 253a.
(2) Subject to subsection (3), to obtain the printing of the
name of a person as a candidate for nomination for the office of
county road commissioner upon the official nonpartisan primary
ballots, there shall be filed with the county clerk nominating
petitions signed by a number of qualified and registered electors
residing within the county as determined under section 544f.
Nominating petitions shall be in the form prescribed in section
544a. The county clerk shall receive nominating petitions up to 4
p.m. of the fifteenth Tuesday before the August primary.
(3) Instead of filing nominating petitions, a candidate for
county road commissioner may pay a filing fee of $100.00 to the
county clerk. Payment of the filing fee and certification of the
candidate's name paying the filing fee shall be governed by the
same provisions as in the case of nominating petitions. The fee
shall be deposited in the general fund of the county.
(4) The nominating petition signatures filed under this
section are subject to challenge as provided in section 552.
Sec.
258. The Except as
otherwise provided in section 258a,
the candidate of each political party for the office of county road
commissioner receiving the greatest number of votes cast for
candidates
for said that office, as set forth in the report of the
board of county canvassers, based on the returns from the various
election
precincts, or as determined by said the board as the
result of a recount, shall be declared the nominee of that
political
party for said the office of
county road commissioner at
the next ensuing November election, and the board of county
canvassers
shall forthwith certify such the
nomination to the
county election commission.
Sec. 258a. (1) This section only applies if a county board of
commissioners adopts a resolution as provided under section 253a.
(2) The candidates for the office of county road commissioner
receiving the largest number of votes at a primary election, to a
number equal to twice the number of places to be filled as set
forth in the report of the board of county canvassers, based on the
returns from the various election precincts or as determined by the
board of county canvassers as a result of a recount, shall be
declared the nominees for the office of county road commissioner at
the next November election. The board of county canvassers shall
certify the nominations to the county election commission.
Sec.
261. A Except as provided
in section 261a, a county road
commissioner shall be elected at the general election to be held on
the
Tuesday succeeding after the first Monday of November in every
even numbered year.
Sec. 261a. (1) This section only applies if a county board of
commissioners adopts a resolution as provided under section 253a.
(2) If there are fewer nominees for the office of county road
commissioner than there are persons to be elected because of the
death or disqualification of a nominee less than 66 days before the
general November election, then a person shall not be elected at
that general November election for that office for which there is
no nominee.
Sec.
345. A Except as otherwise
provided in section 345a, a
primary of all political parties shall be held in every organized
township
of this state on the Tuesday succeeding after the first
Monday
in August preceding before
every general November election,
at which time the qualified and registered electors of each
political party may vote for party candidates for township offices.
Sec. 345a. (1) The board of trustees of a township with a
population of less than 75,000 may adopt a resolution to conduct
nonpartisan elections for the offices of supervisor, clerk,
treasurer, or trustee. If a board of trustees of a township adopts
a resolution as provided in this section, the resolution takes
effect on December 31 of the year in which the resolution is
adopted.
(2) If a board of trustees adopts a resolution as provided
under subsection (1), a general nonpartisan primary shall be held
in that township on the Tuesday after the first Monday in August
before every general November election at which a township
supervisor, clerk, treasurer, and trustees are to be elected, at
which time the qualified and registered electors may vote for
nonpartisan candidates for the offices of township supervisor,
clerk, treasurer, and trustee. If upon the expiration of the time
for filing petitions for the nonpartisan primary election of a
township office described in this section it appears that there are
not to exceed twice the number of candidates as there are persons
to be elected, then the township clerk shall certify to the county
clerk the name of the candidate for that township office whose
petitions have been properly filed and that candidate shall be the
nominee for that township office and shall be so certified. As to
that township office, there shall be no primary election and this
township office shall be omitted from the primary ballot.
Sec.
349. (1) To Except as
otherwise provided in section 349b,
to obtain the printing of the name of a person as a candidate for
nomination by a political party for a township office under the
particular party heading upon the official primary ballots, there
shall be filed with the township clerk nominating petitions signed
by a number of qualified and registered electors residing within
the township as determined under section 544f. Nominating petitions
shall
be in the form prescribed in section 544c. Until December 31,
2013,
the township clerk shall receive nominating petitions up to 4
p.m.
of the twelfth Tuesday before the August primary. Beginning
January
1, 2014, the The township clerk shall receive nominating
petitions up to 4 p.m. of the fifteenth Tuesday before the August
primary.
(2)
Within Except as otherwise
provided in section 349b,
within 4 days after the last day for filing nominating petitions,
the township clerk shall deliver to the county clerk a list setting
forth the name, address, and political affiliation and office
sought of each candidate who has qualified for a position on the
primary ballot.
Sec. 349b. (1) This section only applies if a board of
trustees of a township adopts a resolution as provided in section
345a.
(2) To obtain the printing of the name of a person as a
candidate for nomination for a township office described in section
345a upon the official nonpartisan primary ballots, there shall be
filed with the township clerk nominating petitions signed by a
number of qualified and registered electors residing within the
township determined under section 544f. Nominating petitions shall
be in the form prescribed in section 544a. The township clerk shall
receive nominating petitions up to 4 p.m. of the fifteenth Tuesday
before the August primary.
(3) Within 4 days after the last day for filing nominating
petitions, the township clerk shall deliver to the county clerk a
list setting forth the name, address, and office sought for each
candidate who has qualified for a position on the nonpartisan
primary ballot.
Sec.
355. (1) The Except as
otherwise provided in section
356a, the candidate or candidates of each political party to a
township office receiving the greatest number of votes cast for
candidates of that office, as set forth in the report of the board
of county canvassers, based on the returns from the various
election precincts, or as determined by the board of county
canvassers as the result of a recount, shall be declared the
nominee or nominees of that political party for that office at the
next ensuing November election. The board of county canvassers
shall certify the nomination or nominations to the township clerk
within 48 hours after the polls close.
(2) Within 4 days following the primary, the township clerk
shall deliver to the county clerk a list setting forth the names,
addresses, political affiliation, and office sought of all
candidates nominated at the primary.
Sec. 356a. (1) This section only applies if a board of
trustees of a township adopts a resolution as provided in section
345a.
(2) The candidates for each township office described in
section 345a receiving the largest number of votes at a nonpartisan
primary election, to a number equal to twice the number of places
to be filled as set forth in the report of the board of township
canvassers, based on the returns from the various election
precincts or as determined by the board of county canvassers as the
result of a recount, shall be declared the nominees for those
township offices at the next November election. The board of county
canvassers shall certify the nominations to the township clerk
within 48 hours after the closing of the polls.
(3) Within 4 days following the nonpartisan primary, the
township clerk shall deliver to the county clerk a list setting
forth the name, address, and office sought of each candidate
nominated at the nonpartisan primary.
Sec. 357a. (1) This section only applies if a board of
trustees of a township adopts a resolution as provided under
section 345a.
(2) If there are fewer nominees for the office of supervisor,
clerk, treasurer, or trustee than there are persons to be elected
because of the death or disqualification of a nominee less than 66
days before the general November election, then a person shall not
be elected at that general November election for that office for
which there is no nominee.
Sec. 370. (1) Except as provided in section 370a or subsection
(2), if a vacancy occurs in an elective or appointive township
office, the vacancy shall be filled by appointment by the township
board, and the person appointed shall hold the office for the
remainder of the unexpired term.
(2) If 1 or more vacancies occur in an elective township
office that cause the number of members serving on the township
board to be less than the minimum number of board members that is
required to constitute a quorum for the transaction of business by
the board, the board of county election commissioners shall make
temporary appointment of the number of members required to
constitute a quorum for the transaction of business by the township
board. An official appointed under this subsection shall hold the
office only until the official's successor is elected or appointed
and qualified. An official who is temporarily appointed under this
subsection shall not vote on the appointment of himself or herself
to an elective or appointive township office.
(3) If a township official submits a written resignation from
an elective township office, for circumstances other than a
resignation related to a recall election, that specifies a date and
time when the resignation is effective, the township board, within
30 days before that effective date and time, may appoint a person
to fill the vacancy at the effective date and time of the
resignation. The resigning official shall not vote on the
appointment.
(4) Except as provided in subsection (5), if the township
board does not make an appointment under subsection (3), or if a
vacancy occurs in an elective township office and the vacancy is
not filled by the township board or the board of county election
commissioners within 45 days after the beginning of the vacancy,
the county clerk of the county in which the township is located
shall call a special election within 5 calendar days to fill the
vacancy.
Not Except as otherwise
provided in this subsection, not
later than 4 p.m. on the fifteenth calendar day after the county
clerk calls a special election under this section, the township
party committee for each political party in the township shall
submit a nominee to fill the vacancy. If a board of trustees of a
township adopts a resolution as provided in section 345a, to obtain
the printing upon the special election ballot of the name of a
person as a candidate for a vacant township office, there shall be
filed with the township clerk nominating petitions, in the form
prescribed in section 544a, signed by a number of qualified and
registered electors residing within the township determined under
section 544f. If a board of trustees of a township adopts a
resolution as provided in section 345a, the township clerk shall
receive nominating petitions for a vacant township office up to 4
p.m. on the fifteenth calendar day after the county clerk calls a
special election under this section, and within 4 days after the
last day for filing nominating petitions, the township clerk shall
deliver to the county clerk a list setting forth the name and
address of each candidate who has qualified to be placed on the
special election ballot for that vacant township office. The
special election shall be held on the next regular election date
that is not less than 60 days after the deadline for submitting
nominees under this section or 70 days after the deadline for
submitting nominees under this section if the next regular election
date is the even year August primary or the general November
election. Notice of the special election shall be given in the same
manner required by section 653a. A special election called under
this section does not affect the rights of a qualified elector to
register for any other election. A person elected to fill a vacancy
shall serve for the remainder of the unexpired term.
(5) Subsection (4) does not apply to the office of township
constable. If a vacancy occurs in the office of township constable,
the township board shall determine if and when the vacancy shall be
filled by appointment. If the township board does not fill the
vacancy by appointment, the office of township constable shall
remain vacant until the next general or special election in which
township offices are filled.
Sec. 370a. Notwithstanding the provisions of section 370, if a
vacancy occurs in an elective or appointive township office, which
vacancy is filled by appointment by the township board or the board
of county election commissioners and the vacancy occurs more than 7
days before the nominating petition filing deadline as provided in
section 349 or 349b for the general November election that is not
the general November election at which a successor in office would
be elected if no vacancy, then the person appointed shall hold
office only until a successor is elected at the next general
November election in the manner provided by law and qualifies for
office. The successor shall hold the office for the remainder of
the unexpired term.
Sec.
697. At Except as
otherwise provided under section 699(2)
or (3), at the general November election, the names of the several
offices to be voted for shall be placed on the ballot substantially
in
the following order in the years in which elections for such
those offices are held: Electors of president and vice-president of
the United States; governor and lieutenant governor; secretary of
state; attorney general; United States senator; representative in
congress; senator and representative in the state legislature;
members
of the state board of education; regents of the university
University
of Michigan; trustees of Michigan state
university;
State
University; governors of Wayne state
university; State
University; county executive; prosecuting attorney; sheriff; clerk;
treasurer; register of deeds; auditor in counties electing an
auditor; mine inspector in counties electing a mine inspector;
county road commissioners; drain commissioners; coroners; and
surveyor. The following township officers shall be placed on the
same ballot as above described in substantially the following order
in
the year in which elections for such those offices are held:
supervisor, clerk, treasurer, trustees, and constables.
Sec.
699. (1) At Subject
to subsections (2) and (3), at any
regular election, the names of the several nonpartisan offices to
be voted for shall be placed on a separate portion of the ballot
containing no party designation in the following order: justices of
the supreme court, judges of the court of appeals, judges of the
circuit court, judges of the probate court, judges of the district
court, community college board of trustees member, intermediate
school district board member, city officers, the following village
officers in substantially the following order in the year in which
elections for the offices are held: president, clerk, treasurer,
and trustees, and in a year in which an election for the office is
held, local school district board member, metropolitan district
officer, and district library board member.
(2) If a county board of commissioners adopts a resolution as
provided under section 192a, 223b, or 253a, the names of the
nonpartisan county offices to be voted for shall be placed on a
separate portion of the ballot containing no party designation as
provided in subsection (1) and shall appear after intermediate
school district board members and before city officers.
(3) If a board of trustees of a township adopts a resolution
as provided under section 345a, the names of the nonpartisan
township offices to be voted shall be placed on a separate portion
of the ballot containing no party designation as provided in
subsection (1) and shall appear after city officers and before
village officers.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.