November 12, 2014, Introduced by Rep. McMillin and referred to the Committee on Government Operations.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 192 and 200 (MCL 168.192 and 168.200), section
200 as amended by 1998 PA 364, and by adding section 192a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
192. A Subject to 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
does not apply to political parties required
to nominate
candidates at caucuses or conventions.
Sec. 192a. (1) Notwithstanding any provision of law or charter
to the contrary, in a county with a population of 1,000,000 or more
that has adopted an optional unified form of county government
under 1973 PA 139, MCL 45.551 to 45.573, a county clerk, a county
treasurer, a register of deeds, a prosecuting attorney, a sheriff,
a drain commissioner, and a surveyor shall not be elected at the
2016 general November election but shall be elected at the 2018
general November election and every fourth year after that.
(2) A county clerk, a register of deeds, a prosecuting
attorney, a sheriff, a drain commissioner, and a surveyor in a
county described in subsection (1), whose term of office expires on
December 31, 2016, shall continue in office until December 31,
2018. A county treasurer in a county described in subsection (1),
whose term of office expires on June 30, 2017, shall continue in
office until June 30, 2019.
Sec.
200. (1) A Except as
otherwise provided in section 192a,
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.