SENATE BILL No. 258

 

 

March 12, 2013, Introduced by Senators BRANDENBURG and JONES and referred to the Committee on Local Government and Elections.

 

 

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 642 and 642a (MCL 168.642 and 168.642a), as

 

amended by 2012 PA 523.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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) Except as otherwise provided in section 642a, on September

 

1, 2004, a 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.

 

     (6) A resolution permitted under this section or section 642a

 

is valid only if a city council 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),

 

or (4), January 1, 2005.

 

     (ii) If the resolution is permitted under section 642a(1), (2),

 

or (4), January 1 of the year in which the change in the date of

 


the election takes effect.

 

     (iii) If the resolution is permitted under section 642a(5),

 

April 15, 2013.

 

     (b) Before adopting the resolution, the council 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 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.

 

     (d) The council votes on the resolution and, on a record roll

 

call vote, a majority of the council's board members, elected or

 

appointed, and serving, adopt the resolution.

 

     (e) The council files the resolution with the secretary of

 

state.

 

     Sec. 642a. (1) After December 31, 2004, a city council that

 

adopted a resolution so that its regular election is held on the

 

May regular election date may change its regular election to the

 

odd year general election by adopting a resolution in compliance

 

with section 642. If a city council adopts the resolution in

 

compliance with section 642 to hold its regular election at the odd

 

year general election, after December 31 of the year in which the

 

resolution is adopted, the city's regular election is at the odd

 

year general election.

 

     (2) After December 31, 2004, a city council that holds its

 

regular election for city offices annually or in the even year on

 

the November regular election date may change its regular election

 


schedule to the odd year general election and the odd year primary

 

election by adopting a resolution in compliance with section 642.

 

If a city council adopts the resolution in compliance with section

 

642, the city's regular election is at the odd year general

 

election and its primary is at the odd year primary election.

 

     (3) After December 31, 2010, a city that adopted a resolution

 

so that its regular election primary is held at the September

 

election shall hold its regular election primary at the odd year

 

primary election.

 

     (4) After December 31, 2011, a city that holds its regular

 

election for city offices annually or in the odd year on the

 

November regular election date may change its regular election

 

schedule to the even year general election and the even year

 

primary election by adopting a resolution in compliance with

 

section 642. If a city council adopts the resolution in compliance

 

with section 642, after December 31 of the year in which the

 

resolution is adopted, the city's regular election is at the even

 

year general election and its primary is at the even year primary

 

election. If, on or before December 31, 2012, a city council

 

adopted a resolution in compliance with section 642 to change its

 

regular election schedule to the even year general election and the

 

even year primary election, after December 31, 2012, the city's

 

regular election is at the even year general election and its

 

primary is at the even year primary election.

 

     (5) On or after January 1, 2013 and on or before April 15,

 

2013, a city that holds its regular election for city offices

 

annually or in the odd year on the November regular election date

 


may change its regular election schedule to the even year general

 

election and the even year primary election by adopting a

 

resolution in compliance with section 642. If a city council adopts

 

a resolution in compliance with section 642 to change its regular

 

election schedule to the even year general election and the even

 

year primary election, after April 15, 2013, the city's regular

 

election is at the even year general election and its primary is at

 

the even year primary election.

 

     (6) (5) After December 31, 2012, a village that adopted a

 

resolution so that its regular election is held at the September

 

election shall hold its regular election at the general November

 

election.