SB-0045, As Passed Senate, February 19, 2015

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 45

 

(as amended February 18, 2015)

 

January 28, 2015, Introduced by Senator ROBERTSON and referred to the Committee on Elections and Government Reform.

 

 

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending section 641 (MCL 168.641), as amended by 2005 PA 71.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 641. (1) Except as otherwise provided in this section,

 

and sections 642 and 642a, beginning January 1, 2005, an election

 

held under this act shall be held on 1 of the following regular

 

election dates:

 

     (a) The February regular election date, which is the fourth

 

Tuesday in February. However, in each presidential election year

 

when a statewide presidential primary is held under section 613a,

 

the February regular election date is the [SECOND] Tuesday in March.

 

     (b) The May regular election date, which is the first Tuesday

 

after the first Monday in May.

 

     (c) The August regular election date, which is the first


 

Tuesday after the first Monday in August.

 

     (d) The November regular election date, which is the first

 

Tuesday after the first Monday in November.

 

     (2) If an elective office is listed by name in section 643,

 

requiring the election for that office to be held at the general

 

election, and if candidates for the office are nominated at a

 

primary election, the primary election shall be held on the August

 

regular election date.

 

     (3) Except as otherwise provided in this subsection and

 

subsection (4), a special election shall be held on a regular

 

election date. A special election called by the governor under

 

section 145, 178, 632, 633, or 634 to fill a vacancy or called by

 

the legislature to submit a proposed constitutional amendment as

 

authorized in section 1 of article XII of the state constitution of

 

1963 may, but is not required to be, held on a regular election

 

date.

 

     (4) A school district may call a special election to submit a

 

ballot question to borrow money, increase a millage, or establish a

 

bond if an initiative petition is filed with the county clerk. The

 

petition shall be signed by a number of qualified and registered

 

electors of the district equal to not less than 10% of the electors

 

voting in the last gubernatorial election in that district or 3,000

 

signatures, whichever number is lesser. Section 488 applies to a

 

petition to call a special election for a school district under

 

this section. In addition to the requirements set forth in section

 

488, the proposed date of the special election shall appear beneath

 

the petition heading, and the petition shall clearly state the


 

amount of the millage increase or the amount of the loan or bond

 

sought and the purpose for the millage increase or the purpose for

 

the loan or bond. The petition shall be filed with the county clerk

 

by 4 p.m. of the twelfth Tuesday before the proposed date of the

 

special election. The petition signatures shall be obtained within

 

60 days before the filing of the petition. Any signatures obtained

 

more than 60 days before the filing of the petition are not valid.

 

If the special election called by the school district is not

 

scheduled to be held on a regular election date as provided in

 

subsection (1), the special election shall be held on a Tuesday. A

 

special election called by a school district under this subsection

 

shall not be held within 30 days before or 35 days after a regular

 

election date as provided in subsection (1). A school district may

 

only call 1 special election pursuant to this subsection in each

 

calendar year.

 

     (5) The secretary of state shall make a report to the house

 

and senate committees that consider election issues by December 1,

 

2006. The secretary of state shall report about the special

 

elections held under this subsection, including, but not limited

 

to, all of the following:

 

     (a) The number of times a special election has been held.

 

     (b) Which school districts have held special elections.

 

     (c) Information about the success rate of the ballot question

 

submitted at the special elections.

 

     (d) Information about voter turnout, including the percentage

 

and number of registered voters who voted in each special election.

 

     (5) (6) The secretary of state shall direct and supervise the


 

consolidation of all elections held under this act.

 

     (6) (7) This section shall be known and may be cited as the

 

"Hammerstrom election consolidation law".

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.44                                      

 

          of the 98th Legislature is enacted into law.