March 8, 2005, Introduced by Rep. Stewart and referred to the Committee on House Oversight, Elections, and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 4, 309, 312, 642, and 863 (MCL 168.4, 168.309,
168.312, 168.642, and 168.863), sections 4 and 863 as amended and
section 312 as added by 2003 PA 302, section 309 as added by 2004
PA 288, and section 642 as amended by 2004 PA 292, and by adding
section 301a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. As used in this act:
(a) "School board" means the governing body of a school
district, including the board of trustees of a community college.
(b) "School board member" means an individual holding the
office of school board member under the revised school code, 1976
PA 451, MCL 380.1 to 380.1852, or the office of board of trustees
member under the community college act of 1966, 1966 PA 331, MCL
389.1 to 389.195. School board member includes a school board
member of an intermediate school district if that intermediate
school district has adopted sections 615 to 617 of the revised
school code, 1976 PA 451, MCL 380.615 to 380.617.
(c) "School district" means a school district, a local act
school district, or an intermediate school district, as those terms
are defined in the revised school code, 1976 PA 451, MCL 380.1 to
380.1852, or a community college district under the community
college act of 1966, 1966 PA 331, MCL 389.1 to 389.195.
(d) "School district election coordinating committee" means 1
of the following:
(i) For a school district whose entire territory lies within a
single city or township, a committee composed of the secretary of
the school board or his or her designee, the city or township
election commission, and the school district election coordinator.
(ii) For a school district that has territory in more than 1
city or township, a committee composed of the secretary of the
school board or his or her designee, the school district election
coordinator, and the clerk of each city or township in which school
district territory is located.
(e) "School district election coordinator" means 1 of the
following:
(i) For a school district whose entire territory lies within a
single city or township, the city or township clerk.
(ii) For a school district that has territory in more than 1
city or township, the county clerk of the county in which the
largest number of registered school district electors reside.
(iii) For a school district that chooses to conduct its own
elections pursuant to section 301a, the secretary of the school
board.
(f) "September primary election" means the primary election,
or for a village that holds its regular election for a village
office in September, the regular election, held on the first
Tuesday after the second Monday in September in an odd year.
(g) "Special election" means an election to elect an
individual to, or nominate an individual for, a partial term in
office or to submit a ballot question to the electors.
(h) "Special primary" means a primary called by competent
authority for the nomination of candidates to be voted for at a
special election.
(i) "Uniform voting system" means the voting system that is
used at all elections in every election precinct throughout the
state.
(j) "Village" is defined in section 9.
Sec. 301a. (1) A school district may choose to conduct its own
regular elections and special elections by adopting a resolution in
compliance with this section. The resolution must be approved by a
majority of the members of the school district's school board
elected or appointed and serving.
(2) The resolution shall designate the secretary of the school
board as the school district's election coordinator.
(3) The resolution shall designate 1 of the regular election
dates set forth in section 641(1) as the school district's regular
election date.
(4) The school district's regular elections and special
elections shall be held in compliance with this act.
(5) The school board shall file the resolution adopted under
this section with the secretary of state.
Sec. 309. Within 5 business days after certification of an
election, each member-elect shall be notified of the election.
Within 10 business days after notification by the school district
election coordinator of election or appointment to the board, each
person shall file with the secretary of the board an acceptance of
the
office to which the person has been elected or appointed. The
Except for a school district that conducts its own elections
pursuant to section 301a, the secretary of the board shall forward
a copy of the acceptance to the school district election
coordinator.
Sec. 312. (1) A school board may submit a ballot question to
the school electors on a regular election date, on a date when a
city or township within the school district's jurisdiction is
holding an election by adopting a resolution to that effect not
less than 70 days before the election date, or on a special
election date as provided in section 641(4). The school board shall
certify the ballot question language to the school district
election coordinator not less than 70 days before the election
date. If the ballot question is submitted on the same date as an
election for a state or county office, the school district election
coordinator shall send a copy of the ballot question language to
the county clerk of each county not less than 68 days before the
election.
(2) If a special election is called on a date provided under
section 641(4), the school district election coordinating committee
shall schedule the special election date. If a school district
conducts its own special elections pursuant to section 301a, the
school district election coordinator shall schedule the date for a
special election provided under section 641(4).
Sec. 642. (1) Except as otherwise provided in this section and
section 642a, on the effective date of this act, a city shall hold
its regular election or regular primary election as follows:
(a) A city shall hold its regular election for a city office
at the odd year general election.
(b) A city shall hold its regular election primary at the odd
year primary election.
(c) A city that holds its regular election for a city office
annually or in the even year on the November regular election date
shall continue holding elections on that schedule.
(d) A city that holds its regular election primary for a city
office annually or in the even year on the August regular primary
election date shall continue holding primary elections on that
schedule.
(2) If, on September 1, 2004, a city holds its regular
election at other than a regular November election date, the city
council may choose to hold the regular election on the May regular
election date by adopting a resolution in compliance with this
section. Except as provided in section 642a, if a city council
adopts the resolution in compliance with this section to hold its
regular election on the May regular election date, after December
31, 2004, the city's regular election is on the May regular
election date. If a city's regular election is held on the May
regular election date, the city's regular election primary shall be
held on the February regular election date immediately before its
regular election.
(3) If, on September 1, 2004, a city holds its regular
election annually or in the even year on the November regular
election date, the city council may choose to hold the regular
election at the odd year general election by adopting a resolution
in compliance with this section. Except as provided in section
642a, if a city council adopts the resolution in compliance with
this section to hold its regular election at the odd year general
election, after December 31, 2004, the city's regular election is
at the odd year election. If a city's regular election is held at
the odd year general election, the city's regular election primary
shall be held at the odd year primary election.
(4) If, on September 1, 2004, a city holds its regular
election annually on the November regular election date, the city
council may choose to hold the regular election at the even year
general election by adopting a resolution in compliance with this
section. Except as provided in section 642a, if a city council
adopts the resolution in compliance with this section to hold its
regular election at the even year general election, after December
31, 2004, the city's regular election is at the even year election.
If a city's regular election is held at the even year general
election, the city's regular election primary shall be held at the
even year primary election.
(5) If, on September 1, 2004, a city holds its regular
election primary at the September primary election, the city
council may choose to continue holding its regular election primary
at the September primary election by adopting a resolution in
compliance
with this section. Except as provided in section
642a(2)
642a, if a city council adopts the resolution in
compliance with this section to hold its regular election primary
at the September primary election, after December 31, 2004, the
city's regular election primary is at the September primary
election.
(6) Except as otherwise provided in this section and section
642a, on September 1, 2004, a village shall hold its regular
election as follows:
(a) A village shall hold its regular election for a village
office at the general election and the appropriate township clerk
shall conduct the election.
(b) A village shall not hold a regular primary election.
(7) A village council may make a 1-time choice to hold the
regular election at the September primary election by adopting a
resolution in compliance with this section. Except as provided in
section 642a, if a village council adopts the resolution in
compliance with this section to hold its regular election at the
September primary election, after December 31, 2004, the village's
regular election is at the September primary election and the
village clerk shall conduct the election. The resolution may
provide for the terms of office and for staggered terms. If a
village's regular or special election is held in conjunction with
another election conducted by a township, the village shall pay the
township a proportionate share of the election expenses. If a
village's regular or special election is not held in conjunction
with another election conducted by a township, the village shall
pay the township 100% of the actual costs of conducting the
village's regular or special election. The township shall make
voting equipment available to a village if the village conducts an
election. If the village is located in more than 1 township, the
township with the largest number of village electors shall furnish
the voting equipment.
(8)
Except as otherwise provided in this section and section
sections 301a and 642a, on September 1, 2004, a school district
shall hold its regular election for the office of school board
member at the odd year general election.
(9) If, on September 1, 2004, a school district holds its
regular election at other than the odd year general election, the
school district's school board may choose to hold its regular
election on 1 of the following by adopting a resolution in
compliance with this section:
(a) The odd year May regular election date.
(b) The November regular election date in both even and odd
years.
(c) The May regular election date in both even and odd years.
(10) A resolution permitted under this section or section 642a
is valid only if a city council, village council, or school board
adopts the resolution in compliance with all of the following:
(a) The resolution is adopted before 1 of the following:
(i) If the resolution is permitted under subsection (2), (3),
(4), (5), (7), or (9) of this section, January 1, 2005.
(ii) If the resolution is permitted under section 642a(1), (2),
or (3), January 1 of the year in which the change in the date of
the election takes effect.
(b) Before adopting the resolution, the council or school
board holds at least 1 public hearing on the resolution. The public
hearing may be held on the same day and immediately before
considering the adoption of the resolution.
(c) The council or school board gives notice of each public
hearing on the resolution in a manner designed to reach the largest
number of the jurisdiction's qualified electors in a timely
fashion, and the notice states at least the following, as
applicable:
(i) That the hearing is being held on the issue of whether to
schedule the city's regular election on the May regular election
date and that, if the resolution is not adopted, the city's regular
election will be held at the odd year general election.
(ii) That the hearing is being held on the issue of whether to
schedule the city's regular election primary at the September
primary election and that, if the resolution is not adopted, the
city's regular election primary will be held on the odd year
primary election.
(iii) That the hearing is being held on the issue of whether to
schedule the village's regular election at the September primary
election and that, if the resolution is not adopted, the village's
regular election will be held at the general election.
(iv) That the hearing is being held on the issue of whether to
schedule the school district's regular election at other than the
odd year general election and that, if the resolution is not
adopted, the school district's regular election will be held at the
odd year general election. The notice shall specifically state the
regular election date permitted under subsection (8) on which the
school board is proposing that the school district's regular
election be held.
(v) That the hearing is being held on the issue of whether to
schedule the school district's regular election at the odd year
general election and that, if the resolution is not adopted, the
school district's regular election will continue to be held on the
date on which it is currently being held.
(d) The council or school board votes on the resolution and,
on a record roll call vote, a majority of the council's or school
board's members, elected or appointed, and serving, adopt the
resolution.
(e) The council or school board files the resolution with the
secretary of state.
(11) This section takes effect September 1, 2004.
Sec. 863. A qualified and registered elector voting in a city,
township, school district, or village election who believes there
has
been fraud or error committed by the
inspectors of election
inspectors
in its the canvass
or returns of the votes cast at the
election, upon a proposed amendment to the charter of the city or
village or other ballot question submitted to the voters of the
county, city, township, school district, community college
district, or village, may petition for a recount of the votes cast
in any precinct or precincts of that county, city, township, school
district, community college district, or village, upon that
proposed amendment or other ballot question as provided in this
chapter.