HB-4824, As Passed House, June 19, 2003
SUBSTITUTE FOR
HOUSE BILL NO. 4824
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 2, 3, 4, 30a, 321, 322, 358a, 370, 381, 382,
500f, 500g, 501a, 505, 509n, 509r, 509gg, 538, 635, 643, 644e,
644g, 644k, 646a, 690, 821, 862, 863, 954, 963, 971, and 972
(MCL 168.2, 168.3, 168.4, 168.30a, 168.321, 168.322, 168.358a,
168.370, 168.381, 168.382, 168.500f, 168.500g, 168.501a, 168.505,
168.509n, 168.509r, 168.509gg, 168.538, 168.635, 168.643,
168.644e, 168.644g, 168.644k, 168.646a, 168.690, 168.821,
168.862, 168.863, 168.954, 168.963, 168.971, and 168.972),
sections 2 and 971 as amended by 2002 PA 163, section 321 as
amended by 1994 PA 277, section 322 as amended by 1999 PA 218,
section 358a as amended by 1990 PA 235, section 370 as amended by
1990 PA 83, section 381 as amended by 1991 PA 16, section 501a as
amended by 1995 PA 87, section 509n as amended by 1999 PA 216,
sections 509r and 509gg as added by 1994 PA 441, section 643 as
amended by 1998 PA 364, section 646a as amended by 2002 PA 431,
section 821 as amended by 1988 PA 275, section 963 as amended by
1999 PA 220, and section 972 as amended by 1989 PA 26, and by
adding chapter XIV and sections 642, 642a, and 659; and to repeal
acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2. As used in this act:
2 (a) "Absent voter" is defined in section 758.
3 (b) "Ballot container" is defined in section 14a.
4 (c) (a) "Business
day" or "secular day" means a day that is
5 not a Saturday, Sunday, or legal holiday.
6 (d) "Clearly observable boundaries" is defined in section
7 654a.
8 (e) (b) "Election"
means an election or primary election at
9 which the electors of this state or of a subdivision of this
10 state choose or nominate by ballot an individual for public
11 office or decide a ballot question lawfully submitted to them.
12 (c) "Name
that was formally changed" means a name changed by
13 a proceeding under
chapter XI of the probate code of 1939, 1939
14 PA 288, MCL 711.1 to
711.3, or former 1915 PA 314, or through a
15 similar, statutorily
sanctioned procedure under the law of
16 another state or
country.
17 (f) "Election precinct" is defined in section 654.
18 (g) "Fall" state and county conventions and "spring" state
19 and county conventions are assigned meanings in section 596.
20 (h) "General election" or "general November election" means
1 the election held on the November regular election date in an
2 even numbered year.
3 (i) "Immediate family" means an individual's father, mother,
4 son, daughter, brother, sister, and spouse and a relative of any
5 degree residing in the same household as that individual.
6 Sec. 3. The term
"general November election", as used in
7 this act, shall mean
the election provided to be held in the
8 state on the first
Tuesday after the first Monday of November in
9 every even numbered
year. As used in this act:
10 (a) "Locked and sealed" is defined in section 14.
11 (b) "Major political party" is defined in section 16.
12 (c) "Metal seal" or "seal" is defined in section 14a.
13 (d) "Name that was formally changed" means a name changed by
14 a proceeding under chapter XI of the probate code of 1939, 1939
15 PA 288, MCL 711.1 to 711.3, or former 1915 PA 314, or through a
16 similar, statutorily sanctioned procedure under the law of
17 another state or country.
18 (e) "Odd year general election" means the election held on
19 the November regular election date in an odd numbered year.
20 (f) "Odd year primary election" means the election held on
21 the August regular election date in an odd numbered year.
22 (g) "Primary" or "primary election" is defined in section 7.
23 (h) "Qualified elector" is defined in section 10.
24 (i) "Qualified voter file" is defined in section 509m.
25 (j) "Regular election" means an election held on a regular
26 election date to elect an individual to, or nominate an
27 individual for, elective office in the regular course of the
1 terms of that elective office.
2 (k) "Regular election date" means 1 of the dates established
3 as a regular election date in section 641.
4 (l) "Residence" is defined in section 11.
5 Sec. 4. The term
"biennial spring election", "spring
6 election" or
other similar term, as used in city or village
7 charters unless
otherwise defined therein, shall mean the local
8 election to be held on
the first Monday of April in every odd
9 numbered year. As used in this act:
10 (a) "School board" means the governing body of a school
11 district, including the board of trustees of a community
12 college.
13 (b) "School board member" means an individual holding the
14 office of school board member under the revised school code, 1976
15 PA 451, MCL 380.1 to 380.1852, or the office of board of trustees
16 member under the community college act of 1966, 1966 PA 331, MCL
17 389.1 to 389.195. School board member includes a school board
18 member of an intermediate school district if that intermediate
19 school district has adopted sections 615 to 617 of the revised
20 school code, 1976 PA 451, MCL 380.615 to 380.617.
21 (c) "School district" means a school district, a local act
22 school district, or an intermediate school district, as those
23 terms are defined in the revised school code, 1976 PA 451,
24 MCL 380.1 to 380.1852, or a community college district under the
25 community college act of 1966, 1966 PA 331, MCL 389.1 to 389.195.
26 (d) "School district election coordinating committee" means 1
27 of the following:
1 (i) For a school district whose entire territory lies within
2 a single city or township, a committee composed of the secretary
3 of the school board or his or her designee, the city or township
4 election commission, and the school district election
5 coordinator.
6 (ii) For a school district that has territory in more than 1
7 city or township, a committee composed of the secretary of the
8 school board or his or her designee, the school district election
9 coordinator, and the clerk of each city or township in which
10 school district territory is located.
11 (e) "School district election coordinator" means 1 of the
12 following:
13 (i) For a school district whose entire territory lies within
14 a single city or township, the city or township clerk.
15 (ii) For a school district that has territory in more than 1
16 city or township, the county clerk of the county in which the
17 largest number of registered school district electors reside.
18 (f) "September primary election" means the primary election
19 held on the first Tuesday after the second Monday in September.
20 (g) "Special election" means an election to elect an
21 individual to, or nominate an individual for, a partial term in
22 office or to submit a ballot question to the electors.
23 (h) "Special primary" means a primary called by competent
24 authority for the nomination of candidates to be voted for at a
25 special election.
26 (i) "Uniform voting system" means the voting system that is
27 used at all elections in every election precinct throughout the
1 state.
2 (j) "Village" is defined in section 9.
3 Sec. 30a. (1) A 4-member board of canvassers is established
4 in every city and township having more than 5 precincts,
5 notwithstanding any a
statutory or charter provision, or any
6 other rule or law, to the contrary. All of the powers granted to
7 and duties required by law to be performed by city and township
8 boards of canvassers are granted to and required to be performed
9 by the boards of city and township canvassers in cities and
10 townships having more
than 5 precincts. School district
11 elections in cities of
over 5 precincts which are held in
12 conjunction with the
city elections shall be canvassed by the
13 city board of
canvassers. Members of the board of
canvassers
14 shall be appointed for terms of 4 years beginning the January 1
15 next following after their appointment. Of the members
first
16 appointed, 1 member of
each of the political parties represented
17 on the canvassing
board shall be appointed for a term ending
18 December 31, 1967, and
1 for a term ending December 31, 1965.
19 Members of the board of canvassers shall be notified of their
20 appointment within 5 days
thereafter after appointment by their
21 city or township clerk.
22 (2) The city council
or the township board of any a city or
23 township having more than 5 precincts may contract with the board
24 of supervisors commissioners
of the county in which all or the
25 greater portion of the city or township's population resides to
26 provide that the board of county canvassers of that county shall
27 perform all the functions of the board of city or township
1 canvassers. Financial
arrangements of such a contract with the
2 board of commissioners may provide that the city or township
3 shall bear all or part of
the cost of such the work of the
4 county board of canvassers.
5 CHAPTER XIV.
6 SCHOOL AND COMMUNITY COLLEGE ELECTIONS
7 Sec. 301. (1) Unless a particular power or duty of an
8 election official or a particular election procedure is
9 specifically governed by a provision of this chapter, a school
10 district election is governed by the provisions of this act that
11 generally govern elections.
12 (2) Except as provided in section 305, the school district
13 election coordinator for a school district shall conduct each
14 regular election and each special election that is requested by
15 the school board to submit a ballot question or to fill a vacancy
16 on the school board. The filing official for a school district
17 is the school district election coordinator or an authorized
18 agent of the school district election coordinator. In addition
19 to receiving nominating petitions and requests from the school
20 board to hold special elections, the school district election
21 coordinator shall do all of the following:
22 (a) Procure the necessary qualified voter file precinct
23 lists.
24 (b) Certify candidates.
25 (c) Receive ballot proposal language.
26 (d) Issue absent voter ballots.
27 (3) If a city or township clerk is conducting a school
1 district election being held in the clerk's city or township, the
2 school district election coordinator may delegate all or any
3 portion of the school district election coordinator's authority
4 and duties in relation to the school district election to the
5 city or township clerk.
6 Sec. 302. An individual is eligible for election as a
7 school board member if the individual is a citizen of the United
8 States and is a qualified and registered elector of the school
9 district the individual seeks to represent by the filing
10 deadline. At least 1 school board member for a school district
11 shall be elected at each of the school district's regular
12 elections held as provided in section 642a. Except as otherwise
13 provided in this section or section 310 or 644g, a school board
14 member's term of office is prescribed by the applicable provision
15 of section 11a, 617, 701, or 703 of the revised school code, 1976
16 PA 451, MCL 380.11a, 380.617, 380.701, and 380.703, or
17 section 34, 34a, 41, 54, or 83 of the community college act of
18 1966, 1966 PA 331, MCL 389.34, 389.34a, 389.41, 389.54, and
19 389.83. A school board member's term begins on 1 of the
20 following dates:
21 (a) If elected at an election held on a November regular
22 election date, January 1 immediately following the election.
23 (b) If elected at an election held on a May regular election
24 date, July 1 immediately following the election.
25 Sec. 303. (1) Subject to subsection (4), for an
26 individual's name to appear on the official ballot as a candidate
27 for school board member, the candidate shall file a nominating
1 petition and the affidavit required by section 558 with the
2 school district filing official not later than 4 p.m. on the
3 twelfth Tuesday before the election date. The nominating
4 petition must be signed by the following number of electors of
5 the school district:
6 (a) If the population of the school district is less than
7 10,000 according to the most recent federal census, a minimum of
8 6 and a maximum of 20.
9 (b) If the population of the school district is 10,000 or
10 more according to the most recent federal census, a minimum of 40
11 and a maximum of 100.
12 (2) The nominating petition shall be substantially in the
13 form prescribed in section 544c, except that the petition shall
14 be nonpartisan and shall include the following opening
15 paragraph:
16 We, the undersigned, registered and qualified voters of
17 _____________________________________ and residents of the
18 (legal name of school district)
19 ________________________, the county of _________________, state
20 (city or township)
21 of Michigan, nominate ________________________________
22 (name of candidate)
23 _______________________ __________________________, a registered
24 (street address) (city or township)
25 and qualified elector of the district as a member of the board of
26 education of the school district for a term of _____ years,
27 expiring _____, to be voted for at the election to be held on the
1 _____ day of __________, ________.
2 (month) (year)
3 (3) A school elector shall not sign petitions for more
4 candidates than are to be elected.
5 (4) Instead of filing nominating petitions, a candidate for
6 school board member may pay a nonrefundable filing fee of $100.00
7 to the school district filing official. If this fee is paid by
8 the due date for a nominating petition, the payment has the same
9 effect under this section as the filing of a nominating
10 petition.
11 (5) A nominating petition filed under this chapter is subject
12 to the examination and investigation process prescribed in
13 section 552 as to its sufficiency and the validity and
14 genuineness of the signatures on the nominating petition, and to
15 the other procedures prescribed in that section relevant to a
16 petition filed under this chapter.
17 (6) After a nominating petition is filed or filing fee is
18 paid for a candidate for school board member, the candidate is
19 not permitted to withdraw unless a written withdrawal notice,
20 signed by the candidate, is filed with the school district filing
21 official not later than 4 p.m. of the third day after the last
22 day for filing the nominating petition. If the school district
23 filing official is not a county clerk, the school district filing
24 official shall notify the county clerk of the candidates' names
25 and addresses not later than 3 days after the last day for filing
26 a withdrawal notice.
27 Sec. 305. (1) Within 30 days after the effective date of
1 this chapter, the school district election coordinating committee
2 for each school district shall hold an initial meeting. Within
3 14 days after convening the initial meeting, the school district
4 election coordinating committee shall file a report with the
5 secretary of state that sets forth the arrangements that are
6 agreed upon for the conduct of the school district's elections.
7 Each school district election coordinating committee member shall
8 sign the report and retain a copy.
9 (2) After filing its initial report under subsection (1), a
10 school district election coordinating committee shall meet at
11 2-year intervals to review and, if necessary, alter the election
12 arrangements set forth in its previous report. After each
13 review, a school district election coordinating committee shall
14 either notify the secretary of state in writing that its previous
15 report is not being altered or file with the secretary of state a
16 report with the alterations. A jurisdiction participating in the
17 arrangements in a school district election coordinating
18 committee's report is bound by those arrangements for at least
19 2 years after the report is filed and continues to be bound until
20 an altered report is filed.
21 (3) The arrangements agreed upon by a school district
22 election coordinating committee for the conduct of the school
23 district's elections shall accomplish at least both of the
24 following:
25 (a) If a school district election is held on the same day as
26 an election of a jurisdiction that overlaps with the school
27 district, an elector wishing to vote in both elections shall not
1 be required to vote at 2 different locations.
2 (b) If, before the filing of an initial report or of the
3 notice or altered report after its 2-year review, a city or
4 township clerk notifies the school district election coordinating
5 committee that the city or township clerk has decided to
6 participate in the conduct of the school district's elections,
7 the school district election coordinating committee shall include
8 that city or township clerk in its initial or an altered report
9 as the person conducting the school district's elections in the
10 clerk's city or township.
11 (4) Notwithstanding the other provisions of this chapter, if
12 a city or township is holding an election for elective office or
13 on a ballot question at the same time that a school district
14 located in whole or part in the city or township is holding an
15 election, the city or township clerk shall also conduct the
16 school district election within his or her jurisdiction. If a
17 city or township clerk is conducting a school election under this
18 subsection, the clerk shall use the same precincts that are used
19 for state and federal elections as the precincts for the school
20 district election. If these precincts change the polling place
21 location for school district electors, the clerk shall notify
22 those school district electors of the location of the different
23 polling place.
24 Sec. 307. (1) The appropriate board of canvassers as
25 prescribed in section 24a or 30a shall canvass the votes for
26 candidates for school board member and votes for and against a
27 ballot question at a regular or special election in each school
1 district. That number of candidates equal to the number of
2 individuals to be elected who receive the greatest number of
3 votes cast at the election, as set forth in the report of the
4 board of canvassers canvassing the votes, based upon the returns
5 from the election precincts or as determined by the board of
6 canvassers as a result of a recount, are elected to the office of
7 school board member. Upon completion of the canvass, the board
8 of canvassers shall make a statement of returns and certify the
9 election of school board members to the secretary of the school
10 board, the county clerk, and, if other than the county clerk, the
11 school district election coordinator.
12 (2) The votes cast for a candidate for school board member or
13 on a ballot question submitted to the electors at a school
14 election are subject to recount as provided in chapter XXXIII.
15 An individual elected to the office of school board member is
16 subject to recall as provided in chapter XXXVI and in section 8
17 of article II of the state constitution of 1963.
18 Sec. 308. A local official who receives the certification
19 of the board of canvassers under section 307 shall preserve and
20 file in his or her office the certified statement of returns and
21 certification of the board of canvassers of the result of the
22 election. The city, township, or county clerk who is the
23 secretary to the board of canvassers canvassing the school board
24 election shall immediately execute and provide to the individuals
25 declared elected to the office of school board member a
26 certificate of election.
27 Sec. 310. (1) Before entering upon the duties of his or her
1 office, an individual elected to the office of school board
2 member shall take and subscribe to the oath provided in section 1
3 of article XI of the state constitution of 1963.
4 (2) The office of a school board member becomes vacant
5 immediately, regardless of declaration by an officer or
6 acceptance by the school board or 1 or more of its members, upon
7 any of the following events:
8 (a) The death of the school board member.
9 (b) The school board member's being adjudicated insane or
10 being found to be a legally incapacitated individual by a court
11 of competent jurisdiction.
12 (c) The school board member's resignation.
13 (d) The school board member's removal from office.
14 (e) The school board member's conviction for a felony.
15 (f) The school board member's election or appointment being
16 declared void by a competent tribunal.
17 (g) The school board member's neglect or failure to file the
18 acceptance of office, to take the oath of office, or to give or
19 renew an official bond required by law.
20 (h) The school board member ceasing to possess the legal
21 qualifications for holding office.
22 (i) The school board member moving his or her residence from
23 the school district.
24 Sec. 311. (1) If less than a majority of the offices of
25 school board member of a school district become vacant, the
26 remaining school board members shall fill each vacant office by
27 appointment. If a vacancy in the office of school board member
1 is not filled within 30 days after the vacancy occurs or if a
2 majority of the offices of school board member of a school
3 district become vacant, the intermediate school board for that
4 school district shall fill each vacancy by appointment. An
5 individual appointed under this subsection serves until a
6 successor is elected and qualified.
7 (2) If a vacancy occurs in an office of school board member
8 more than 90 days before a regular school election, an election
9 shall be held at that regular school election to fill that office
10 for the remainder of the office's unexpired term, if any. This
11 subsection applies regardless of whether an individual is
12 appointed under subsection (1) to fill the vacancy.
13 Sec. 312. (1) A school board may submit a ballot question
14 to the school electors on a regular election date, on a date when
15 a city or township within the school district's jurisdiction is
16 holding an election by adopting a resolution to that effect not
17 less than 70 days before the election date, or on a special
18 election date as provided in section 641(3). The school board
19 shall certify the ballot question language to the school district
20 election coordinator not less than 70 days before the election
21 date. If the ballot question is submitted on the same date as an
22 election for a state or county office, the school district
23 election coordinator shall send a copy of the ballot question
24 language to the county clerk of each county not less than 68 days
25 before the election.
26 (2) A school special election may not be held within 30 days
27 before or after a general November election.
1 (3) If a special election is called on a date provided under
2 section 641(3), the school district election coordinating
3 committee shall schedule the special election date.
4 Sec. 315. (1) A school district shall pay to each county,
5 city, and township that conducts a regular or special election
6 for the school district an amount determined in accordance with
7 this section.
8 (2) If a school district's regular or special election is
9 held in conjunction with another election conducted by a county,
10 city, or township, the school district shall pay the county,
11 city, or township 100% of the actual additional costs
12 attributable to conducting the school district's regular or
13 special election. If a school district's regular or special
14 election is not held in conjunction with another election
15 conducted by a county, city, or township, the school district
16 shall pay the county, city, or township 100% of the actual costs
17 of conducting the school district's regular or special election.
18 (3) The county, city, or township shall present to a school
19 district a verified account of actual costs of conducting the
20 school district's regular or special election not later than 84
21 days after the date of the election. The school board shall pay
22 or disapprove all or a portion of the verified account within 84
23 days after the school district receives a verified account of
24 actual costs under this subsection.
25 (4) If the school board disapproves all or a portion of a
26 verified account of actual costs under subsection (3), the school
27 board shall send a notice of disapproval along with the reasons
1 for the disapproval to the county, city, or township. Upon
2 request of a county, city, or township whose verified account or
3 portion of a verified account was disapproved under this section,
4 the school board shall review the disapproved costs with the
5 county, city, or township.
6 (5) A school board, county, city, or township shall use the
7 agreement made between the department of treasury and the
8 secretary of state, as required by section 487, as a basis for
9 preparing and evaluating verified accounts under this section.
10 The secretary of state shall assist a school board, county, city,
11 or township in preparing and evaluating a verified account under
12 this section. If a county, city, or township and a school board
13 cannot agree on the actual costs of an election as prescribed by
14 this section, the secretary of state shall determine those actual
15 costs.
16 (6) Within 30 days after the effective date of the amendatory
17 act that added this chapter, a school district may provide to the
18 appropriate school district election coordinating committee for
19 that district the average cost per vote cast in each regular
20 school election for the most recent 3 years. If a school
21 district provides the average cost per vote cast to the school
22 district election coordinating committee, the school district
23 shall provide documentation of the direct cost of conducting each
24 election. The school district election coordinating committee
25 shall review the costs and make a reasonable effort to not exceed
26 the average cost per vote cast in conducting each regular
27 election and each special election that is requested by the
1 school board. This subsection shall not apply after 3 years
2 after the effective date of the amendatory act that added this
3 chapter.
4 Sec. 321. (1) Except as provided in subsection (3) and
5 section sections 327, 641, 642, and 644g, the
qualifications,
6 nomination, election, appointment, term of office, and removal
7 from office of any a
city officer shall be in accordance with
8 the charter provisions governing the city.
9 (2) Within 3 days after the last day on which a candidate for
10 a city office may withdraw, the city clerk shall deliver to the
11 county clerk of the county in which the city is located a list
12 setting forth the name and address of each candidate for a city
13 office.
14 (3) If the membership of the legislative body of a city
15 governed by the home rule
city act, Act No. 279 of the Public
16 Acts of 1909, being
sections 117.1 to 117.38 of the Michigan
17 Compiled Laws 1909 PA 279, MCL 117.1 to 117.38, is reduced
to
18 less than a quorum, unless another method of appointing members
19 of the legislative body is provided by the city charter, members
20 of the legislative body shall
be are appointed as provided in
21 this subsection. The board of county election commissioners of
22 the county in which the largest portion of the population of the
23 city resides as
reported by the last decennial census shall
24 appoint the number of members of the legislative body required to
25 constitute a quorum for the transaction of business by the
26 legislative body. A member of the legislative body appointed
27 under this subsection shall hold the office only until the
1 member's successor is
elected and qualified. Unless otherwise
2 provided by charter,
the successor shall be elected at the next
3 regular election for a
member of the legislative body or, if a
4 regular election is
not scheduled to be held within 90 days after
5 the appointment is
made under this subsection, the legislative
6 body shall call a
special election for the successor to be held
7 within 90 days after
the appointment is made. In either case,
8 the The successor shall be elected at a special or
regular
9 election on the next regular election date that is not less than
10 60 days after the appointment is made. The successor shall serve
11 for the balance of the unexpired term. A member who is appointed
12 under this subsection shall not vote on the appointment of
13 himself or herself to an elective or appointive city office.
14 (4)
Notwithstanding any other another provision of law or
15 charter to the contrary, an appointment to an elective or
16 appointive city office made by a quorum constituted by
17 appointments under this subsection
shall expire section expires
18 upon the election and qualification of a sufficient number of
19 members of the legislative body so that the elected members
20 constitute a quorum.
21 Sec. 322. To
obtain the printing of For the name of a
22 candidate of a political party for a city office, including a
23 ward office, to appear under the particular party heading on the
24 official primary election
ballots for use in the city, there a
25 nominating petition shall
be filed with the city clerk of the
26 city not later than 4 p.m. on the twelfth Tuesday preceding
27 before the August primary, or not later than 4 p.m. on the
1 seventh Monday
preceding the primary election provided to be
2 held on the third
Monday in February, nominating petitions
3 twelfth Tuesday before the September primary election for a city
4 that holds a September primary election. A nominating petition
5 shall be signed by a number of qualified and registered electors
6 of the political party who reside in the city or ward as
7 determined under section 544f. This section does not apply to a
8 city the if
the city charter of which provides for a
9 different method of nominating candidates for public office. The
10 form of the petition shall be as provided in section 544c.
11 Sec. 358a. The township board of a township may call a
12 special election to be held in the township for the purpose of
13 submitting any
proposition or propositions a ballot question to
14 the electors of the
township. A special election shall not be
15 held within 30 days
before or after a regular township or state
16 primary or general
election on a regular election
date. Notice
17 of the special election
shall be given in the same manner now
18 required of regular
elections held under this act by
19 section 653a.
20 Sec. 370. (1) Except as provided in subsection (2), if a
21 vacancy occurs in an elective or appointive township office, the
22 vacancy shall be filled by appointment by the township board, and
23 the person appointed shall hold the office for the remainder of
24 the unexpired term.
25 (2) If 1 or more vacancies occur in an elective township
26 office that cause the number of members serving on the township
27 board to be less than the minimum number of board members that is
1 required to constitute a quorum for the transaction of business
2 by the board, the board of county election commissioners shall
3 make temporary appointment of the number of members required to
4 constitute a quorum for the transaction of business by the
5 township board. An official appointed under this subsection
6 shall hold the office only until the official's successor is
7 elected or appointed and qualified. An official who is
8 temporarily appointed under this subsection shall not vote on the
9 appointment of himself or herself to an elective or appointive
10 township office.
11 (3) If a township official submits a written resignation from
12 an elective township office, for circumstances other than a
13 resignation related to a
recall election, which that specifies
14 a date and time at
which when the resignation is effective, the
15 township board, within 30 days before that effective date and
16 time, may appoint a person to fill the vacancy at the effective
17 date and time of the resignation. The resigning official shall
18 not vote on the appointment.
19 (4) Except as provided in subsection (5), if the township
20 board does not make an appointment under subsection (3), or if a
21 vacancy occurs in an elective township office and the vacancy is
22 not filled by the township board or the board of county election
23 commissioners within 45 days after the beginning of the vacancy,
24 the county clerk of the county in which the township is located
25 shall notify the governor of the fact. The governor shall call a
26 special election to fill the vacancy. The governor shall provide
27 for the date for the
filing of the petitions, which and that
1 date shall also be the last date to register for the special
2 primary election. Notwithstanding
section 358a, the special
3 primary or special
general election may be held within 60 days of
4 a state primary or a
state general election. A special
primary
5 or election called by the governor under authority of this
6 section shall does
not affect the rights of a qualified elector
7 to register for any other election. A person elected to fill a
8 vacancy shall serve for the remainder of the unexpired term.
9 (5) Subsection (4) shall
does not apply to the office of
10 township constable. If a vacancy occurs in the office of
11 township constable, the township board shall determine if and
12 when the vacancy shall be filled by appointment. If the township
13 board does not fill the vacancy by appointment, the office of
14 township constable shall remain vacant until the next general or
15 special election in which
the township offices are filled.
16 Sec. 381. (1) Except
as provided in subsection (3) (2)
17 and section sections
383, 641, 642, and 644g, the
18 qualifications, nomination, election, appointment, term of
19 office, and removal from office of a village officer shall be
20 pursuant to as determined by the charter provisions
governing
21 the village.
22 (2) Within 3 days
after the last day on which a candidate
23 for a village office
may withdraw, the village clerk shall
24 deliver to the county
clerk of the county in which the village is
25 located, a list
setting forth the name and address of each
26 candidate for a
village office.
27 (2) (3) If
the membership of the village council of a
1 village governed by Act
No. 3 of the Public Acts of 1895, being
2 sections 61.1 to 74.22
of the Michigan Compiled Laws the
general
3 law village act, 1895 PA 3, MCL 61.1 to 74.25, is reduced to less
4 than a quorum of 4 and a special election for the purpose of
5 filling all vacancies in the office of trustee is called under
6 section 13 of Act No.
3 of the Public Acts of 1895, being
7 section 62.13 of the
Michigan Compiled Laws chapter II
of the
8 general law village act, 1895 PA 3, MCL 62.13, temporary
9 appointments of trustees shall be made as provided in this
10 subsection. The board of county election commissioners of the
11 county in which the largest portion of the population of the
12 village is situated as
reported by the last decennial census
13 shall make temporary appointment of the number of trustees
14 required to constitute a quorum for the transaction of business
15 by the village council. A trustee appointed under this
16 subsection shall hold the office only until the trustee's
17 successor is elected and qualified. A trustee who is temporarily
18 appointed under this subsection shall not vote on the appointment
19 of himself or herself to an elective or appointive village
20 office.
21 (3)
Notwithstanding any other another provision of law or
22 charter to the contrary, an appointment to an elective or
23 appointive village office made by a quorum constituted by
24 temporary appointments
under this subsection shall expire
25 expires upon the election and qualification of trustees under the
26 special election called to fill the vacancies in the office of
27 trustee.
1 Sec. 382. If Except
as otherwise provided in this act,
2 the general law village act, 1895 PA 3, MCL 61.1 to 74.25, or the
3 home rule village act, 1909 PA 278, MCL 78.1 to 78.28, if the
4 charter of a village does not specify the time, manner, and means
5 of nominating and electing its public officers, the village shall
6 nominate and elect its officers in accordance with the provisions
7 governing the selection
of township city officers, as provided
8 in chapter XV. 16
of this act, except that nomination by caucus
9 or primary shall occur
on the third Monday in February and
10 village elections
shall be held on the second Monday in March
11 biennially in even
numbered years or annually as provided in
12 section 5 of chapter 2
of Act No. 3 of the Public Acts of 1895,
13 being section 62.5 of
the Michigan Compiled Laws.
14 Sec. 500f. The clerk of a township shall transmit to the
15 village clerk of a
village , the whole or part of which that
16 lies partly or
completely in the township , the information
17 necessary to complete the village registration of a person
18 registered under sections
500a to 500j. The clerk of a city or
19 township shall
transmit to the secretary of a school district,
20 where applicable, the
information on the application of a person
21 residing within the
school district and registered under sections
22 500a to 500j.
23 Sec. 500g. A registration card prepared under sections 500a
24 to 500j shall be sworn to and signed by the voter at the first
25 election during which the voter appears at the polls, or may be
26 signed in the office
of the secretary of the school district or
27 in the clerk's office. The application shall be retained by
the
1 city or township clerk for signature purposes until the
2 registration card is signed, except that the application shall be
3 sent to the appropriate precinct for each election until the
4 registration card is signed. The secretary of state may provide
5 an application form which
that allows a completed affidavit
6 attestation to be attached to a registration card prepared by a
7 local clerk. The registrant shall not be required to sign a
8 registration card if the
completed affidavit attestation is
9 attached.
10 Sec. 501a. The board
of election commission commissioners
11 of a city, village, or township may authorize the clerk of the
12 city, village, or township to create a registration list. The
13 registration list shall be alphabetically arranged and shall
14 contain the name of each registered elector in a precinct. The
15 name shall be followed by the address and date of birth of the
16 elector. The board of
election commission commissioners may
17 also provide that the registration list may be used instead of
18 the precinct registration file when this act provides for the use
19 of a precinct registration
file. A school district or an
20 intermediate school
district may also use a registration list
21 instead of the
precinct registration file when a precinct
22 registration file is
required. A city, village, or
township
23 shall maintain a file containing the signature of each elector
24 registered in the city, village, or township.
25 Sec. 505. (1) At the time an elector is applying for
26 registration, the registration officer shall ascertain if the
27 elector is already registered as a voter. If the elector is
1 previously registered, the elector shall at the time of applying
2 for registration sign an
authorization to cancel any a previous
3 registration. The secretary of state shall prescribe forms for
4 this purpose. The form may be a part of the application or a
5 separate form. The clerk of the city or township in which the
6 elector is newly registered shall notify the registration officer
7 of the place of previous registration of the authorization to
8 cancel.
9 (2) An
authorization to cancel which that indicates a
10 previous address in a state other than this state shall be
11 forwarded to the secretary of state of that state. Notice may be
12 made by forwarding the separate cancellation form, by forwarding
13 the portion of an application listing a previous place of
14 registration, or by forwarding a list certified by the clerk
15 containing the names of people authorizing cancellation.
16 (3) Notices of cancellation shall contain the name, birth
17 date, and address at which the elector was previously registered,
18 and the name of the city or township of previous registration of
19 all persons authorizing cancellations. Notices shall be sent
20 within 30 days after receipt, but not later than 5 days after the
21 close of registration.
22 (4) Upon receipt of the notice, the clerk shall cancel the
23 registration of the persons listed on the notice. The clerk
24 receiving the notice
shall also notify the registration officer
25 clerk of each village and
school district in which the a
26 person listed on the notice resides of receipt of an
27 authorization to cancel. An authorization to cancel a voter
1 registration signed by the voter and received from another state
2 or a notice from an election official of another state that an
3 elector has registered in
that state shall have has the same
4 force and effect as the notice of authorization to cancel of this
5 state.
6 Sec. 509n. The secretary of state is responsible for the
7 coordination of the requirements imposed under this chapter and
8 the national voter registration act of 1993. The secretary of
9 state shall do all of the following:
10 (a) Develop a mail registration form and make the form
11 available for distribution through governmental and private
12 entities, with special emphasis on making the form available to
13 voter registration programs established for the purpose of
14 registering citizens of this state to vote.
15 (b) Instruct
designated voter registration agencies ; and
16 county, city, township,
and village clerks ; and school
17 officials regarding about the voter registration procedures and
18 requirements imposed by law.
19 (c) By June 15 of each odd numbered year, submit to each
20 member of the committees of the senate and house of
21 representatives with primary responsibility for election matters
22 a report on the qualified voter file. The report shall include,
23 but need not be limited to, both of the following:
24 (i) Information on the efficiency and effectiveness of the
25 qualified voter file as a voter registration system.
26 (ii) Any recommendations Recommendations
of the secretary
27 of state for amendments to this act to increase the efficiency
1 and effectiveness of the qualified voter file as a voter
2 registration system.
3 Sec. 509r. (1) The secretary of state shall establish and
4 maintain the computer system and programs necessary to the
5 operation of the qualified voter file. The secretary of state
6 shall allow each county, city, township, or village access to the
7 qualified voter file. The county, city, township, and village
8 clerks shall verify the accuracy of the names and addresses of
9 registered voters in the qualified voter file.
10 (2) Subject to subsection (3), the secretary of state and
11 county, city, township, and village clerks shall compile the
12 qualified voter file that consists of all qualified electors from
13 the following sources and in the following priority:
14 (a) A driver's license or, if there is no driver's license, a
15 state personal identification card, including renewals and
16 changes of address with the department of state.
17 (b) An application for benefits or services, including
18 renewals and changes of address, taken by a designated voter
19 registration agency.
20 (c) An application to register to vote taken by a county,
21 city, township, or
village clerk. or secretary of a school
22 board.
23 (3) A person whose name does not otherwise appear in the
24 qualified voter file shall be placed in the qualified voter file
25 only if the person signs under penalty of perjury an application
26 that contains an attestation that the applicant meets all of the
27 following requirements:
1 (a) Is 17-1/2 years of age or older.
2 (b) Is a citizen of the United States and this state.
3 (c) Is a resident of the city or township where the person's
4 street address is located.
5 (4) A designated voter registration agency or a county, city,
6 township, or village clerk shall not add to, delete from, or
7 change any information contained in the qualified voter file
8 during the period beginning on the seventh day before an election
9 and ending on the day of the election.
10 Sec. 509gg. The information described in this section that
11 is contained in a registration record is exempt from the freedom
12 of information act, Act
No. 442 of the Public Acts of 1976,
13 being sections 15.231
to 15.246 of the Michigan Compiled Laws
14 1976 PA 442, MCL 15.231 to 15.246. The secretary of state, a
15 designated voter registration agency, or a county, city,
16 township, or village
clerk , or the secretary of a school board
17 shall not release a copy of that portion of a registration record
18 that contains any of the following:
19 (a) The record that a person declined to register to vote.
20 (b) The office that received a registered voter's
21 application.
22 (c) A registered
voter's driver driver's license or state
23 personal identification card number.
24 (d) The month and day of birth of a registered voter.
25 (e) The telephone number provided by the registered voter.
26 Sec. 538. Primary election notices shall be published and
27 posted in the same
manner as nearly as may be as provided in
1 section 653 of this
act for elections 653a.
2 Sec. 635. It
shall be lawful to call a A special election
3 for the submission of any
a proposition on any regular or
4 special primary day may be held on a regular election date.
5 Sec. 642. (1) If a city council, village council, or school
6 board has not adopted, in compliance with the time and procedural
7 requirements of subsection (2), a resolution to alter the city's,
8 village's, or school district's regular election or regular
9 election primary date as permitted under section 642a, then,
10 after December 31, 2004, a city, village, or school district
11 shall hold its regular election or regular primary election as
12 follows:
13 (a) A city or village shall hold its regular election for a
14 city or village office at the general election.
15 (b) A city shall hold its regular election primary on the
16 August regular election date immediately before the general
17 election.
18 (c) A school district shall hold its regular election for the
19 office of school board member at the odd year general election.
20 (2) A resolution permitted under section 642a is valid only
21 if a city council, village council, or school board adopts the
22 resolution in compliance with all of the following:
23 (a) The resolution is adopted before 1 of the following:
24 (i) If the resolution is permitted under section 642a(1),
25 (3), or (5), January 1, 2005.
26 (ii) If the resolution is permitted under section 642a(2),
27 (4), (7), or (8), January 1 of the year in which the change in
1 the date of the election takes effect.
2 (b) Before adopting the resolution, the council or school
3 board holds at least 1 public hearing on the resolution.
4 (c) The council or school board gives notice of each public
5 hearing on the resolution in a manner designed to reach the
6 largest number of the jurisdiction's qualified electors in a
7 timely fashion, and the notice states at least the following, as
8 applicable:
9 (i) That the hearing is being held on the issue of whether to
10 schedule the city's or village's regular election on the May
11 regular election date and that, if the resolution is not adopted,
12 the city's or village's regular election will be held at the
13 general election.
14 (ii) That the hearing is being held on the issue of whether
15 to schedule the city's or village's regular election at the
16 general election and that, if the resolution is not adopted, the
17 city's or village's regular election will continue to be held on
18 the May regular election date.
19 (iii) That the hearing is being held on the issue of whether
20 to schedule the city's regular election primary at the September
21 primary election and that, if the resolution is not adopted, the
22 city's regular election primary will be held on the August
23 regular election date.
24 (iv) That the hearing is being held on the issue of whether
25 to schedule the city's regular election primary on the August
26 regular election date and that, if the resolution is not adopted,
27 the city's regular election primary will continue to be held at
1 the September primary election.
2 (v) That the hearing is being held on the issue of whether to
3 schedule the school district's regular election at other than the
4 odd year general election and that, if the resolution is not
5 adopted, the school district's regular election will be held at
6 the odd year general election. The notice shall specifically
7 state the regular election date permitted under section 642a(5)
8 on which the school board is proposing that the school district's
9 regular election be held.
10 (vi) That the hearing is being held on the issue of whether
11 to schedule the school district's regular election at the odd
12 year general election and that, if the resolution is not adopted,
13 the school district's regular election will continue to be held
14 on the date on which it is currently being held.
15 (d) The council or school board votes on the resolution
16 immediately following the close of a public hearing on the
17 resolution and, on a record roll call vote, a majority of the
18 council's or school board's members, elected or appointed, and
19 serving, adopt the resolution.
20 (e) The council or school board files the resolution with the
21 secretary of state.
22 (3) This section takes effect September 1, 2004.
23 Sec. 642a. (1) If, on the effective date of this section, a
24 city or village holds its regular election at other than the
25 general election, the city or village council may choose to hold
26 the regular election on the May regular election date by adopting
27 a resolution in compliance with section 642. Except as provided
1 in subsection (2) and subject to subsection (8), if a city or
2 village council adopts the resolution in compliance with
3 section 642 to hold its regular election on the May regular
4 election date, after December 31, 2004, the city's or village's
5 regular election is on the May regular election date. If a
6 city's regular election is held on the May regular election date,
7 the city's regular election primary shall be held on the February
8 regular election date immediately before its regular election.
9 (2) After December 31, 2004, a city or village council that
10 adopted a resolution so that its regular election is held on the
11 May regular election date may change its regular election to the
12 general election by adopting a resolution in compliance with
13 section 642. Subject to subsection (8), if a city or village
14 council adopts the resolution in compliance with section 642 to
15 hold its regular election at the general election, after
16 December 31 of the year in which the resolution is adopted, the
17 city's or village's regular election is at the general election.
18 (3) If, on the effective date of this section, a city holds
19 its regular election primary at the September primary election,
20 the city council may choose to continue holding its regular
21 election primary at the September primary election by adopting a
22 resolution in compliance with section 642. Except as provided in
23 subsection (4) and subject to subsection (8), if a city council
24 adopts the resolution in compliance with section 642 to hold its
25 regular election primary at the September primary election, after
26 December 31, 2004, the city's or village's regular election
27 primary is at the September primary election.
1 (4) After December 31, 2004, a city council that adopted a
2 resolution so that its regular election primary is held at the
3 September primary election may change its regular election
4 primary to the August regular election date by adopting a
5 resolution in compliance with section 642. Subject to
6 subsection (8), if a city council adopts the resolution in
7 compliance with section 642 to hold its regular election primary
8 on the August regular election date, after December 31 of the
9 year in which the resolution is adopted, the city's or village's
10 regular election primary is on the August regular election date.
11 (5) If, on the effective date of this section, a school
12 district holds its regular election at other than the odd year
13 general election, the school district's school board may choose
14 to hold its regular election on 1 of the following by adopting a
15 resolution in compliance with section 642:
16 (a) The odd year May regular election date.
17 (b) The general election in both even and odd years.
18 (c) The May regular election date in both even and odd
19 years.
20 (6) Except as provided in subsection (7), if a school board
21 adopts the resolution in compliance with section 642 to hold its
22 regular election on an election date permitted under
23 subsection (5), after December 31, 2004, the school board's
24 school district shall hold its regular election on the regular
25 election date adopted in the resolution.
26 (7) After December 31, 2004, a school district's school board
27 that adopted a resolution so that its regular election is held on
1 a date other than at the odd year general election may change its
2 regular election to the odd year general election by adopting a
3 resolution in compliance with section 642. If a school board
4 adopts the resolution in compliance with section 642 to hold its
5 regular election at the odd year general election, after
6 December 31 of the year in which the resolution is adopted, the
7 school board's school district shall hold its regular election at
8 the odd year general election.
9 (8) If a city council, village council, or school board has
10 previously adopted a resolution in compliance with section 642,
11 the city council, village council, or school board may once in a
12 10-year interval review that decision and choose to hold its
13 regular election on another date provided by this act, if the
14 city council, village council, or school board adopts a
15 resolution in compliance with the requirements contained in
16 section 642(2).
17 (9) Except as otherwise provided in this subsection, a
18 resolution permitted under this section and adopted in compliance
19 with section 642 is effective for the purpose for which it is
20 adopted regardless of a city or village charter or ordinance, or
21 a school district bylaw, to the contrary. Regardless of the day
22 on which a city holds its regular election or regular election
23 primary, the city shall hold those elections in each even year or
24 odd year, or both, as provided by its charter. Regardless of the
25 day on which a home rule village or general law village holds its
26 regular election, the home rule village or general law village
27 shall hold that election in each even year or odd year, or both,
1 as provided by its charter or ordinances.
2 (10) This section takes effect September 1, 2004.
3 Sec. 643. At the
general November elections election, the
4 following officers shall be elected when required by law:
5 (a) Presidential electors.
6 (b) In the state at large, a governor and a lieutenant
7 governor, a secretary of state, and an attorney general.
8 (c) A United States senator.
9 (d) In each congressional district, a representative in
10 congress.
11 (e) In each state senatorial district, a state senator.
12 (f) In each state representative district, a representative
13 in the state legislature.
14 (g) Justices of the supreme court.
15 (h) Two members of
the state board of education. , except as
16 provided in section
282a.
17 (i) Two regents of the University of Michigan.
18 (j) Two trustees of Michigan State University.
19 (k) Two governors of Wayne State University.
20 (l) In each county or district, judges of the court of
21 appeals, a judge or judges of the circuit court, a judge or
22 judges of probate, a judge or judges of the district court, a
23 prosecuting attorney, a sheriff, a treasurer, an auditor, a mine
24 inspector, a county road commissioner, a drain commissioner, a
25 surveyor, and, subject to section 200, a clerk and a register of
26 deeds or a clerk register.
27 (m) Township officers.
1 (n) Any other officers required by law to be elected at that
2 election.
3 Sec. 644e. All
officers Except as provided in section
4 642, an officer required to be elected at the odd year general
5 election shall be
nominated at the odd year primary elections
6 except where a city
charter provides otherwise for city
7 officers. Where a
city election. Subject to
section 382, if a
8 charter provides for nomination by caucus or by filing a petition
9 or affidavit directly for the general election, or provides for
10 the election at the primary of a candidate who receives more than
11 50% of the votes cast for that office, the governing body by
12 ordinance may provide for a caucus date, filing date, or other
13 provisions to the extent necessary to be consistent with the odd
14 year general election requirement of this act and the intent of
15 the charter provisions.
16 Sec. 644g. (1) A term of office shall not be shortened by
17 the provisions of
sections 644a 641 to 644l 644i.
An officer
18 scheduled by prior law to
be elected at a time other than in
19 November of an odd
numbered year the odd year
general election
20 shall not be elected on the date scheduled but shall continue in
21 office until a successor
takes office pursuant to after being
22 elected in the first odd year general election following that
23 date. If the regular election date for holding a jurisdiction's
24 regular election is changed under section 642 or 642a, the term
25 of an official who was elected before the effective date of the
26 change continues until a successor is elected and qualified at
27 the next regular election following the date the official's term
1 would have ended but for the change of the day of the
2 jurisdiction's regular election.
3 (2) Notwithstanding any
a law or charter provision to the
4 contrary, any an
officer required to be elected at the odd year
5 general election, who by law or charter is elected for a term of
6 an odd number of years shall, after the effective date of the
7 amendatory act that added section 642, be elected hereafter for
8 a term of 1 year longer than provided by law or charter.
9 (3) In home rule cities where the charter provides for the
10 election of city officers
at a time other than in November of
11 odd numbered years at the odd year general election and provides
12 that members of the governing body are not all to be elected in
13 the same year, the governing body by ordinance adopted prior to
14 April 1, 1971 , may
alter the length of terms now provided by
15 charter to provide that the city may continue to elect part of
16 the governing body at each election. A term shall not be
17 extended beyond January 1
following the first odd numbered year
18 general election at which
the officer would be elected pursuant
19 to as provided by charter. A term shall not be
for more than 4
20 years.
21 Sec. 644k. (1) If
all or a portion of a school district or
22 a community college district is wholly or partly within
a
23 city 1 or more than 1 city cities
that elects elect city
24 officers at the odd year
general election, the school district
25 or community college district , except a first class
school
26 district, may hold its election biennially at the odd year
27 general election if
existing law requires or an agreement
1 pursuant to section
533 of Act No. 269 of the Public Acts of
2 1955, as amended,
being section 340.533 of the Michigan Compiled
3 Laws, authorizes each city to conduct the school or community
4 college election at the same time as and in conjunction with the
5 city election.
6 (2) The board of education
of a school district or the board
7 of trustees of a community college district may
determine by
8 resolution whether the district shall hold its election as
9 provided in this section. The resolution shall be adopted
10 before May 1, 1971,
if it is to be applicable to the 1971 odd
11 year general election,
otherwise it shall be adopted not
less
12 than 6 months preceding
before the date of any a regularly
13 scheduled school or community
college district election. In
14 its resolution the board shall provide that the term of office of
15 members of the school
district or board of trustees of the
16 community college district
board shall be for an even number of
17 years and shall provide
for an election schedule which that
18 implements the change. A term may be extended for not more than
19 1 year for this purpose. The board may change the filing date of
20 nominating petitions for board of education candidates to conform
21 with the filing dates of a city election that is held in
22 conjunction with the
school board election. In the case of
23 school elections held
in accordance with this section, the last
24 date for nomination
shall not be more than 49 days before the
25 scheduled school
election. The board may provide that
all
26 members shall not be
elected at the same election. Incumbents'
27 terms shall be in
accordance with An incumbent's
term is
1 determined under section 644g(1). The date for taking office
2 shall be as is prescribed in section 644h.
3 (3) This section shall
does not be deemed to change the
4 prior provisions of law regarding petitions, nominations, or the
5 conduct of school
district and community college district
6 elections other than to allow a change in the date of the regular
7 district election and changes in the date for taking office and
8 the terms of office related to the change in election date.
9 Sec. 646a. (1) If a local officer is to be elected at a
10 general November election,
or on the first Monday of April in an
11 odd numbered year, candidates for the local office shall be
12 nominated in the manner provided by law or charter, subject to
13 sections 641 and 642. If
the candidates are to be nominated at
14 a fall primary
election, the primary shall be held on the same
15 day as is provided by
law for holding the county or state primary
16 election before that
election, except as provided in section
17 646b. If the
candidates are to be elected in April, the primary
18 shall be held on the
third Monday in February. If
candidates for
19 the local office are to be nominated at caucuses, the caucuses
20 shall be held on a date
before the date set for the above
21 mentioned primary election or on the Saturday preceding before
22 the day of the primary election as determined by the local
23 legislative body at least
20 days preceding before the date of
24 the caucus. If candidates are nominated by filing petitions or
25 affidavits, they shall be filed at a time provided by charter,
26 but not later than the
date of the primary. If a Except as
27 provided in section 642, the
local primary election is to shall
1 be held on the same day as a state or county primary election.
2 If a state or county primary is being held on the same day, the
3 last day for local
candidates to file nominating petitions shall
4 be is the same as the last date to file petitions
for state and
5 county offices. The names of all local candidates and titles of
6 office shall be certified to the county clerk by the local clerk
7 within 5 days after the last day for filing petitions, and
8 certification of nominees shall be made to that clerk within 5
9 days after the date on which the primary or caucus was held.
10 (2) If a local, school district, or county ballot question is
11 to be voted on at a primary, special, regular, or general
12 election at which state officers are to be voted for, the ballot
13 wording of the ballot question shall be certified to the local or
14 county clerk at least 70 days before the election. If the
15 wording is certified to a clerk other than the county clerk, the
16 clerk shall certify the ballot wording to the county clerk at
17 least 68 days before the election. Petitions to place a county
18 or local ballot question on the ballot at the election shall be
19 filed with the clerk at least 14 days before the date the ballot
20 wording must be certified
to the local clerk. For the year
21 2002, the
certification and filing deadlines prescribed by this
22 subsection do not
apply to a local or county ballot question that
23 is required to be
placed on the ballot by state statute.
24 (3) The provisions of this section apply notwithstanding any
25 provisions of law or charter to the contrary, unless an earlier
26 date for the filing of affidavits or petitions, including
27 nominating petitions, is provided in a law or charter, in which
1 case the earlier filing date is controlling.
2 Sec. 659. (1) If a county, city, ward, township, village,
3 or school district is divided into 2 or more election precincts,
4 the county, city, ward, township, or village election
5 commissioners may, by resolution, consolidate the election
6 precincts for a particular election that is not a general
7 November election, primary election immediately before a general
8 November election, or other statewide or federal election. In
9 making the determination to consolidate election precincts for a
10 particular election, the election commission shall take into
11 consideration the number of choices the voter must make, the
12 percentage of registered voters who voted at the last similar
13 election in the jurisdiction, and the intensity of the interest
14 of the electors in the jurisdiction concerning the candidates and
15 proposals to be voted upon.
16 (2) A consolidation under this section shall be made not less
17 than 60 days before a primary, general, or special election.
18 (3) Unless the polling places for the election precincts to
19 be consolidated are located in the same building, when a county,
20 city, ward, township, or village consolidates election precincts
21 for a particular election under subsection (1), the election
22 commissioners or other designated election officials shall do
23 both of the following:
24 (a) Provide notice to the registered electors of the affected
25 election precincts of the consolidation of election precincts for
26 the particular election and the location of the polling place for
27 the election precinct or precincts for that election. Notice may
1 be provided by mail or other method designed to provide actual
2 notice to the registered electors.
3 (b) Post a written notice at each election precinct polling
4 place stating the location of the consolidated election precinct
5 polling place.
6 (4) If a county, city, ward, township, or village
7 consolidates election precincts under this section, each affected
8 election precinct shall be treated as a whole unit and shall not
9 be divided during the consolidation.
10 Sec. 690. The township, city, or village board of election
11 commissioners , as
the case may be, shall cause for each
12 jurisdiction conducting the election shall have the ballots
13 required for any a
regular or special township, village, or
14 city, school, or community college election, or official primary
15 election for the nomination of candidates for township,
16 village, city, or ward, or community
college offices, to be
17 printed and delivered to the election commission's township,
18 village, or city
clerk , as the case may be, at least 10 days
19 before any such the
election. , and like The duties as are
20 hereinbefore enjoined imposed upon county boards of election
21 commissioners and upon county, township, and city clerks relative
22 to the printing, counting, packaging, sealing, and delivery of
23 official ballots , are
hereby enjoined imposed upon the
24 several township and municipal boards of election
commissioners
25 and upon the several
township, village, or city clerks
26 relative to the printing, counting, packaging, sealing, and
27 delivery of official
ballots for use in each precinct of such
1 the township, village,
or city at any such a municipal, or
2 township, village, school, or community college election.
3 Sec. 821. (1) The board of county canvassers shall meet at
4 the office of the county
clerk at 1 p.m. on the day succeeding
5 after the day of any
November a general election, August
6 primary, or presidential
primary election in the county. For
7 Except as provided in subsection (2), for other elections the
8 board shall meet within 5 days following the election.
9 (2) If, at an election held on the May regular election date,
10 a ballot question appears on the ballot concerning authorized
11 millage that is subject to a millage reduction as provided in
12 section 34d of the general property tax act, 1893 PA 206, MCL
13 211.34d, the board of county canvassers shall meet to canvass and
14 certify the results of the vote on that proposition after May 31
15 and before June 15 following the election.
16 Sec. 862. A
candidate for any office , including a
17 candidate at all
school elections except an election for board
18 members in a primary
school district, at any primary or election,
19 conceiving himself who believes he or she is aggrieved on
20 account of fraud or mistake in the canvass or returns of the
21 votes by the election
inspectors of election, or in the returns
22 made thereon by the
inspectors, may petition for a
recount of
23 the votes cast for that office in any precinct or precincts as
24 provided in this chapter.
25 Sec. 863. A qualified and registered elector voting in a
26 city, township, school
district other than a primary school
27 district at an
election for board members, or
village at the
1 last preceding election who believes there has been fraud or
2 error committed by the inspectors of election in its canvass or
3 returns of the votes cast at the election, upon a proposed
4 amendment to the charter
of the city or village or any other
5 proposition ballot question submitted to the voters of the
6 county, city, township, school district, community college
7 district, or village, may petition for a recount of the votes
8 cast in any precinct or precincts of that county, city, township,
9 school district, community college district, or village, upon
10 that proposed amendment
or other proposition ballot question as
11 provided in this chapter.
12 Sec. 954. The
petitions A recall petition shall be signed
13 by registered and qualified electors of the electoral district of
14 the official whose recall
is sought. In a school district where
15 school electors are
not required to be registered, the signers of
16 the petition shall not
be required to be registered electors and
17 the term
"registered and qualified electors" shall mean
18 "qualified
electors". Each signer of the
a recall petition
19 shall affix his or her signature, address, and the date of
20 signing. The persons
signing the A person who signs a recall
21 petition shall be a
registered and qualified electors elector
22 of the governmental subdivision designated in the heading of the
23 petition.
24 Sec. 963. (1) Within 35 days after the filing of the recall
25 petition, the filing official with whom the recall petition is
26 filed shall make an official declaration of the sufficiency or
27 insufficiency of the petition. If the recall petition is
1 determined to be insufficient, the filing official shall notify
2 the person or organization sponsoring the recall of the
3 insufficiency of the petition. It is not necessary to give
4 notification unless the person or organization sponsoring the
5 recall files with the filing official a written notice of
6 sponsorship and a mailing address.
7 (2) Immediately upon determining that the petition is
8 sufficient, but not later than 35 days after the date of filing
9 of the petition, the county clerk with whom the petition is filed
10 shall submit to the
county election scheduling committee a
11 proposed date for a
special election to be held within 60 days
12 after the submission
to the county scheduling committee call
the
13 special election to determine whether the electors will recall
14 the officer whose recall is sought. The election shall be held
15 on the next regular election date that is not less than 70 days
16 after the date the petition is filed.
17 (3) If a petition is
filed under section 959, the officer
18 filing official with whom
the petition is filed shall not submit
19 a proposed date to the
county election scheduling committee but
20 shall call the special election. subject to the
time
21 limitations set out in
this section. The election shall
be held
22 on the next regular election date that is not less than 70 days
23 after the petition is filed.
24 Sec. 971. (1) If the
recall was is successful, the
25 officer with whom the
recall petition was filed shall, within 5
26 days after receiving
the certification, submit to the county
27 election scheduling
committee a proposed date for a special
1 election to be held
within 60 days for the filling of the
2 vacancy. If any
primary or election is to be held in that
3 electoral district
within 4 months after the certification and at
4 a time as will permit
preparation for the election by election
5 officials as provided
by law, the election to fill the vacancy
6 shall be held
concurrently with that primary or election. a
7 special election to fill the vacancy shall be held on the next
8 regular election date.
The same provisions made in section
9 964 for calling and
conducting of the recall election govern in
10 the calling and conducting of the election to fill the vacancy
11 created, except as otherwise provided in this section.
12 (2) If a petition
is filed under section 959, the officer
13 with whom the petition
is filed shall not submit a proposed date
14 to the county election
scheduling committee, but shall call the
15 special election
subject to the same time limitations set out in
16 this section.
17 (2) (3) If
the governor appoints a review team under the
18 local government fiscal responsibility act, 1990 PA 72, MCL
19 141.1201 to 141.1291, to perform the functions prescribed in that
20 act relative to a city, township, or village and an elected
21 official of the city, township, or village was the subject of a
22 successful recall, the officer with whom the recall petition was
23 filed does not have the authority to propose a date for a special
24 election. If the review team described in this subsection is
25 appointed after the officer submits a proposed special election
26 date or the county election scheduling committee schedules the
27 special election as required by subsection (1), but before the
1 election is held, the officer's or county election scheduling
2 committee's action becomes void when the review team is
3 appointed. Within 5 days after the review team described in this
4 subsection reports its findings to the governor as required by
5 section 14 of the local government fiscal responsibility act,
6 1990 PA 72, MCL 141.1214, the review team shall submit to the
7 county election scheduling committee a proposed date for the
8 special election. A special election scheduled under this
9 subsection is subject to all of the other provisions of
10 subsection (1). This subsection applies to any special election
11 scheduled but not yet
held before the effective date of the
12 amendatory act that
added this sentence April 9, 2002.
13 Sec. 972. (1) Except as provided in subsection (2), a
14 candidate for a nonpartisan office shall be nominated and voted
15 for in an election
scheduled pursuant to under section 971 by
16 filing a nominating petition or paying a $100.00 nonrefundable
17 fee not later than 4 p.m. on the fifteenth day after the election
18 is called. The nominating petition shall be filed with the clerk
19 or secretary of the electoral district and signed by not less
20 than 3% of the registered
and a number of qualified and
21 registered electors of the electoral district as determined under
22 section 544f. However,
a nominating petition for the office of
23 district library board
member shall be signed by not less than 3%
24 of the number of
persons voting in the district library district
25 at the last election
at which district library board members were
26 elected and filed with
the clerk of the largest county or, if a
27 school district is a
participating municipality, with the
1 secretary of the
largest participating school district. For the
2 purposes of this
subsection, the term "largest" has the meaning
3 ascribed to it in
section 2 of the district library establishment
4 act. Instead of filing a nominating petition, an
individual may
5 become a candidate by paying a $100.00 nonrefundable fee with the
6 clerk of the electoral district.
7 (2) This subsection applies to an election to fill a vacancy
8 for an unexpired term created by a recall of a school board
9 member, of a
board of education of a school district, if the
10 election is scheduled to
be held on the same date as an annual
11 school election or a general election. A nominating petition
12 filed by a candidate
shall be signed by a number of registered
13 and qualified and registered electors of the
school district
14 equal to not less
than 1% of the total number of votes received
15 by the candidate for
member of the board of education who
16 received the greatest
number of votes at the last election at
17 which members of the
board of education were elected, but the
18 number shall not be
less than 20 as determined under
section
19 544f. The nominating petition shall clearly state that it
20 relates to the filling of a vacancy for an unexpired term and
21 shall be filed with the secretary
of the board or in the office
22 of the board of
education school district filing
official, as
23 designated by section 301, not later than 4 p.m. on the fifteenth
24 day after the election is called. Instead of filing a nominating
25 petition, an individual may become a candidate by paying a
26 $100.00 nonrefundable fee to the school district filing official
27 not later than 4 p.m. on the fifteenth day after the election is
1 called.
2 Enacting section 1. Sections 5, 6, 8, 9a, 12, 325, 348,
3 639, 640, 644a, 644b, 644c, 644j to 646, 646b, and 758c of the
4 Michigan election law, 1954 PA 116, MCL 168.5, 168.6, 168.8,
5 168.9a, 168.12, 168.325, 168.348, 168.639, 168.640, 168.644a,
6 168.644b, 168.644c, 168.644j to 168.646, 168.646b, and 168.758c,
7 are repealed January 1, 2005.
8 Enacting section 2. Sections 642 and 642a of the Michigan
9 election law, 1954 PA 116, as added by this amendatory act, take
10 effect September 1, 2004.
11 Enacting section 3. Sections 2, 3, 4, 30a, 321, 322, 358a,
12 370, 381, 382, 500f, 500g, 501a, 505, 509n, 509r, 509gg, 538,
13 635, 643, 644e, 644g, 644k, 646a, 690, 821, 862, 863, 954, 963,
14 971, and 972 of the Michigan election law, 1954 PA 116, MCL
15 168.2, 168.3, 168.4, 168.30a, 168.321, 168.322, 168.358a,
16 168.370, 168.381, 168.382, 168.500f, 168.500g, 168.501a, 168.505,
17 168.509n, 168.509r, 168.509gg, 168.538, 168.635, 168.643,
18 168.644e, 168.644g, 168.644k, 168.646a, 168.690, 168.821,
19 168.862, 168.863, 168.954, 168.963, 168.971, and 168.972, as
20 amended by this amendatory act, take effect January 1, 2005.
21 Enacting section 4. Chapter XIV of the Michigan election
22 law, 1954 PA 116, as added by this amendatory act, takes effect
23 January 1, 2005.
24 Enacting section 5. This amendatory act does not take
25 effect unless all of the following bills of the 92nd Legislature
26 are enacted into law:
27 (a) House Bill No. 4820.
1 (b) House Bill No. 4821.
2 (c) House Bill No. 4822.
3 (d) House Bill No. 4823.
4 (e) House Bill No. 4825.
5 (f) House Bill No. 4826.
6 (g) House Bill No. 4827.
7 (h) House Bill No. 4828.