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.