HOUSE BILL No. 5951

 

 

May 9, 2018, Introduced by Rep. Marino and referred to the Committee on Elections and Ethics.

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 358, 362, 370, and 699 (MCL 168.358, 168.362,

 

168.370, and 168.699), section 358 as amended by 1999 PA 16,

 

section 362 as amended by 1980 PA 112, section 370 as amended by

 

2014 PA 94, and section 699 as amended by 2012 PA 523; and to

 

repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 358. (1) In every township, there shall must be a general

 

November election in each even-numbered year for the election of

 

officers and the submission of propositions, as provided by law. At

 

the 1980 general November election, there shall There must be

 

elected by ballot all of the following township officers:


     (a) A supervisor.

 

     (b) A clerk.

 

     (c) A treasurer.

 

     (d) Two trustees.Not more than 4 trustees, as provided under

 

subsection (4).

 

     (e) Not more than 4 constables.

 

     (f) If authorized by law and after a township takes the

 

actions provided in section 11 of 1877 PA 164, MCL 397.211, 6 free

 

public library directors.

 

     (g) If a township takes the actions provided in section 1 of

 

former 1931 PA 271 or section 6 of 1905 PA 157, MCL 41.426, the

 

number of park commission members provided for under section 6 of

 

1905 PA 157, MCL 41.426.

 

     (2) Except as otherwise provided in this subsection, the order

 

of offices on the township portion of the ballots shall must be the

 

same as the order in which the officers are listed in subsection

 

(1). Free public library directors shall and park commission

 

members must be listed on the nonpartisan portion of the ballot.

 

     (3) Subject to the limitation in subsection (1), the number of

 

constables to be elected at the 1992 general November election and

 

each general November election at which township offices are

 

regularly to be elected after 1992 shall must be determined by the

 

township board by resolution not less than 6 months before the

 

township primary election preceding the general November election.

 

The resolution that specifies the number of constables to be

 

elected applies in that township until a subsequent resolution is

 

adopted altering that number. If a determination as to the number


of constables to be elected is was not made by the township board

 

by the deadline under this subsection for the 1992 general

 

election, the number of constables to be elected shall must be the

 

same number that was elected in that township in the 1988 general

 

November election until a resolution is adopted to provide for the

 

election of a different number of constables.

 

     (4) In a township having a population of 5,000 or more, or

 

having 3,000 or more qualified and registered electors as shown by

 

the registration records at the close of registration for the last

 

preceding general November election, there may be elected 4

 

trustees. In other townships there shall must be 2 trustees. A

 

township shall must not elect 4 trustees unless the election of

 

additional trustees is approved by the voters at a general November

 

election or by a majority of the voters attending at an annual

 

meeting. The township board of a township having a population of

 

5,000 or more, or having 3,000 or more qualified and registered

 

electors, shall cause the question of electing additional trustees

 

to be voted on at the first general November election or annual

 

meeting following the township's qualifying for additional

 

trustees. If a majority of the electors voting on the question vote

 

in favor of electing 4 trustees, the township shall thereafter

 

elect 4 trustees. If a majority of the electors voting on the

 

question do not vote in favor of electing 4 trustees, the township

 

board may resubmit the question at a subsequent general November

 

election or annual meeting or the question shall must be submitted

 

at the first general November election or annual meeting held not

 

less than 84 days following the submission of a petition containing


the signatures of not less than 10% of the registered and qualified

 

electors of the township, as shown by the registration records at

 

the close of registration for the last general November election,

 

asking that the question be submitted.

 

     (5) At the first general November election in a township held

 

not less than 4 months after the provisions of this section

 

relative to additional trustees are adopted by a township, there

 

shall must be elected the number of trustees necessary to make a

 

total of 4 trustees. If the additional trustees are elected at a

 

general November election that is not a regular township election,

 

the additional trustees shall hold office only until a successor is

 

elected at the next regular township election and qualifies for

 

office.

 

     (6) This section does not prohibit townships electing 4

 

trustees as of September 13, 1958 from continuing to do so.

 

     Sec. 362. (1) The term of office of township trustees elected

 

in 1978 shall be 2 years. The term of office of all township

 

officers listed in section 358 shall be is 4 years beginning in the

 

1980 general election, and in all subsequent elections at which

 

township officials are elected. All township officers' terms shall

 

commence at 12 noon on November 20 next following their election

 

and they shall must qualify before assuming the duties of their

 

office. Each township officer shall hold office until a successor

 

is elected and qualified, but not beyond January 1 following the

 

election. Failure of an elected township official to qualify by

 

January 1 following the official's election shall create creates a

 

vacancy which shall that must be filled as provided in section 370


or 370a, as applicable. All elective township officers , other than

 

those listed in section 358, shall must be elected at the November

 

election immediately preceding the expiration of their term and

 

shall must commence the duties of their office on November 20 but

 

not before they qualify following their election.

 

     (2) A township officer elected in the general election shall

 

remain in office for the full term if the officer failed to take

 

the oath of office within the time prescribed by law and was

 

subsequently appointed by the township board to the office for

 

which the officer ran, but the officer must take the oath of office

 

before executing any of the duties of that office.

 

     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 must be filled by appointment by the

 

township board, and the person appointed shall must 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 who is temporarily appointed under this

 

subsection must be a resident and qualified elector of the township

 

and must also be from the same political party as the officer whom

 

he or she is replacing. 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 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. The special election

 

shall must 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 must 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 must be a

 

qualified elector of the township and must 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

 

must be filled by appointment. If the township board does not fill

 

the vacancy by appointment, the office of township constable shall

 

remain remains vacant until the next general or special election in

 

which township offices are filled.

 

     Sec. 699. At any regular election, the names of the several

 

nonpartisan offices to be voted for shall must 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, free public library


director, and township park commission member.

 

     Enacting section 1. Section 341 of the Michigan election law,

 

1954 PA 116, MCL 168.341, is repealed.