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.