HOUSE BILL NO. 6381

September 24, 2026, Introduced by Rep. Tate and referred to Committee on Government Operations. - Title: Intro, sponsors, and referral

A bill to amend 1923 PA 199, entitled

"An act to provide for the filling of vacancies in appointive and elective public offices,"

by amending section 5 (MCL 201.35).

the people of the state of michigan enact:

Sec. 5. When If a vacancy shall occur occurs in an elective or appointive county office, it shall the vacancy must be filled in the following manner:

(a) 1. If the vacancy shall be is in the office of county clerk or prosecuting attorney, it shall the vacancy must be filled by appointment by the judge or judges of that judicial circuit. and Except as otherwise provided in section 209 of the Michigan election law, 1954 PA 116, MCL 168.209, the person individual appointed shall hold office for the remainder of the unexpired term.

(b) 2. If Except as otherwise provided in this subdivision, if the vacancy shall be is in any other county office , either elective or appointive, other than the office of county clerk or prosecuting attorney, the presiding or senior judge of probate, the county clerk, and the prosecuting attorney shall appoint some a suitable person individual to fill such the vacancy. and If the vacancy is in any other county office other than the office of county clerk or prosecuting attorney and the county in which the vacancy occurs has an elected county executive, the county executive, the county clerk, and the prosecuting attorney shall appoint a suitable individual to fill the vacancy. Except as otherwise provided in section 209 of the Michigan election law, 1954 PA 116, MCL 168.209, the person so individual appointed shall hold such office for the remainder of the unexpired term.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. ____ (request no. S07151'26) or House Bill No. 6382 (request no. H07151'26) of the 103rd Legislature is enacted into law.