LOCAL GOVT.; OFFICER TERM LIMITS H.B. 5699 - 5702:
SUMMARY OF HOUSE-PASSED BILL
IN COMMITTEE
House Bills 5699, 5701, and 5702 (as passed by the House)
House Bill 5700 (Substitute H-1 as passed by the House)
Sponsor: Representative Penelope Tsernoglou (H.B. 5699)
Representative Veronica Paiz (H.B. 5700)
Representative Matt Koleszar (H.B. 5701)
Representative Sharon MacDonell (H.B. 5702)
Senate Committee: Elections and Ethics
CONTENT
House Bill 5699 and House Bill 5701 would respectively amend the Michigan Election Law and the General Law Village Act to move the date on which a township officer elected after December 31, 2024, or village officer s term of office started and on which the president pro tempore of a village council would have to be selected from the November 20 to the December 1 after the officer's election and qualification.
House Bill 5700 (H-1) and House Bill 5702 would respectively amend the Home Rule City Act and the Home Rule Village Act to provide that the terms of city or village officers elected after December 31, 2024, could not commence earlier than 12 noon on the first day of the month following the officer s election, regardless of provisions in the city or village s charter.
Additionally, each of the bills would prohibit an individual elected to fill a vacancy for these offices from taking the oath of office before the individual s election results had been certified by the appropriate board of canvassers.
House Bills 5699 and 5701 are described in greater detail below.
House Bill 5699
Every township employs the following officers: a clerk, a treasurer, two trustees, and up to four constables. A township with a total population of 5,000 or more or a registered electorate of 3,000 or more may elect two additional trustees, for a total of four, if the addition of trustees is approved by a majority of voters during a general November election or at an annual meeting. A township in possession of a free public library or a township park commission also may employ six free public library directors and between five and nine park commission members.
Township officials serve four-year terms. Currently, all township officers' terms commence at 12 noon on the November 20 following their election. The bill would apply this provision only to township officials elected before January 1, 2025. Under the bill, all terms of township officers elected after December 31, 2024, would commence at 12 noon on the December 1 following the officer's election.
Additionally, under current law, township officers other than those previously identified must be elected at the November election immediately preceding the expiration of their terms.
They must commence the duties of their office on November 20 but not before they qualify following their elections. The bill would delete these provisions.
House Bill 5701
Generally, the General Law Village Act requires a village to employ the following officers: a president, six trustees, a clerk, and a treasurer. The president and trustees constitute the village council. The council may provide by ordinance for the reduction of the number of trustees, the nomination of the president, the appointment of the clerk or treasurer, and the manner and length of terms.
Currently, the term of office for a president, clerk, treasurer, or trustee elected at a village s regular election begins on the November 20 after the officer s election and qualification. Additionally, on November 20 of each year, or as soon after that date as possible, the Act requires the council to appoint one of its members president pro tempore of the council. The bill would move the date on which a village officer s term started and on which the president pro tempore of a village council would have to be selected from November 20 to December 1 following the election.
MCL 168.362 & 168.370 (H.B. 5699) Legislative Analyst: Abby Schneider
Proposed MCL 117.3c (H.B. 5700)
MCL 62.4 et al. (H.B. 5701)
Proposed MCL 78.24e (H.B. 5702)
FISCAL IMPACT
The bills would have no fiscal impact on State or local government.
Joe Carrasco, Jr.
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.