SB-1095, As Passed House, December 20, 2018

SB-1095, As Passed Senate, December 6, 2018

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 1095

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 321 and 646a (MCL 168.321 and 168.646a),

 

section 321 as amended by 2003 PA 302 and section 646a as amended

 

by 2015 PA 197.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 321. (1) Except as provided in subsection (3) and

 

sections 322, 327, 641, 642, and 644e, 644f, 644g, and 646a, the

 

qualifications, nomination, election, appointment, term of office,

 

and removal from office of a city officer shall must be in

 

accordance with the charter provisions governing the city.

 

     (2) Within 3 days after the last day on which a candidate for

 

a city office may withdraw, the city clerk shall deliver to the

 

county clerk of the county in which the city is located a list

 


setting forth the name and address of each candidate for a city

 

office.

 

     (3) If the membership of the legislative body of a city

 

governed by the home rule city act, 1909 PA 279, MCL 117.1 to

 

117.38, is reduced to less than a quorum, unless another method of

 

appointing members of the legislative body is provided by the city

 

charter, members of the legislative body are appointed as provided

 

in this subsection. The board of county election commissioners of

 

the county in which the largest portion of the population of the

 

city resides shall appoint the number of members of the legislative

 

body required to constitute a quorum for the transaction of

 

business by the legislative body. A member of the legislative body

 

appointed under this subsection shall hold the office only until

 

the member's successor is elected and qualified. The successor

 

shall be elected at a special or regular election on the next

 

regular election date that is not less than 60 days after the

 

appointment is made. The successor shall serve for the balance of

 

the unexpired term. A member who is appointed under this subsection

 

shall not vote on the appointment of himself or herself to an

 

elective or appointive city office.

 

     (4) Notwithstanding another provision of law or charter to the

 

contrary, an appointment to an elective or appointive city office

 

made by a quorum constituted by appointments under this section

 

expires upon the election and qualification of a sufficient number

 

of members of the legislative body so that the elected members

 

constitute a quorum.

 

     Sec. 646a. (1) If a local officer is to be elected at a


general November election, candidates for the local office shall

 

must 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 must 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. the candidate filing deadline is 4 p.m. on

 

the fifteenth Tuesday before the general November election. Except

 

as provided in section 642, the local primary election shall must

 

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 must 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 must be made to that clerk within 5 days after the

 

date on which the primary or caucus was held.

 

     (2) If a 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 must be certified

 

to the proper local or county clerk not later than 4 p.m. on the


Senate Bill No. 1095 as amended December 20, 2018

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 must 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.

 

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