Bill Text: MI HB4545 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Elections; local; Michigan election law; amend to allow nonresident owners of real property the right to vote on millage issues. Amends secs. 10, 11 & 492 of 1954 PA 116 (MCL 168.10 et seq.).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-14 - Printed Bill Filed 04/14/2011 [HB4545 Detail]
Download: Michigan-2011-HB4545-Introduced.html
HOUSE BILL No. 4545
April 13, 2011, Introduced by Rep. LeBlanc and referred to the Committee on Redistricting and Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 10, 11, and 492 (MCL 168.10, 168.11, and
168.492), as amended by 2010 PA 253.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 10. (1) Except as provided in subsection (2), the term
"qualified elector", as used in this act, means a person who
possesses the qualifications of an elector as prescribed in section
1 of article II of the state constitution of 1963 and who has
either resided in the city or township 30 days or, for an election
or special election on the question of imposing a new millage or
increasing or renewing an existing millage on real property only,
who owns real property located in the political subdivision to be
affected by the result of that election.
(2) For purposes of an election for the office of judge of a
municipal court that exercises jurisdiction over another city
pursuant to section 9928(3) of the revised judicature act of 1961,
1961 PA 236, MCL 600.9928, qualified elector includes a person who
meets the constitutional qualifications described in subsection (1)
and has resided for 30 days in the other city over which municipal
court jurisdiction is exercised. This subsection does not entitle a
person to vote on any ballot question except the office of
municipal judge under the circumstances prescribed in this
subsection.
Sec. 11. (1) "Residence", as used in this act, for
registration and voting purposes means that place at which a person
habitually sleeps, keeps his or her personal effects, and has a
regular place of lodging. If a person has more than 1 residence, or
if a person has a residence separate from that of his or her
spouse, that place at which the person resides the greater part of
the time shall be his or her official residence for the purposes of
this act. This section does not affect existing judicial
interpretation of the term residence.
(2) An elector does not gain or lose a residence while
employed in the service of the United States or of this state,
while engaged in the navigation of the waters of this state, of the
United States, or of the high seas, while a student at an
institution of learning, while kept at any state facility or
hospital at public expense, or while confined in a jail or prison.
Honorably discharged members of the armed forces of the United
States or of this state who reside in the veterans' facility
established by this state may acquire a residence where the
facility is located. The residence of a person who is a patient
receiving treatment at a hospital or other facility under the
mental health code, 1974 PA 258, MCL 330.1001 to 330.2106, is the
village, city, or township where the person resided immediately
before admission to the hospital or other facility.
(3) A member of the armed forces of the United States is not a
resident of this state due to being stationed in a military or
naval facility within this state.
(4) For purposes of registering to vote and voting at an
election or special election on the question of imposing a new
millage or increasing or renewing an existing millage on real
property only, a person is considered a resident of any political
subdivision to be affected by the result of that election in which
that person owns real property.
(5) (4)
For purposes of registering to vote
and voting at an
election or special election for the office of judge of a municipal
court that exercises jurisdiction over another city pursuant to
section 9928(3) of the revised judicature act of 1961, 1961 PA 236,
MCL 600.9928, a person who resides in the other city over which
municipal court jurisdiction is exercised is considered a resident
of the city in which the municipal court is located and may
register for, and vote in, that election in the city in which he or
she resides.
Sec. 492. Each person who has the following qualifications of
an elector, or who will have those qualifications at the next
election or primary election, is entitled to register as an elector
in the township, city, or village in which he or she resides. The
person shall be a citizen of the United States; not less than 18
years of age; a resident of the state for not less than 30 days;
and a resident of the township, city, or village on or before the
thirtieth day before the next regular or special election or
primary election. For purposes of registering to vote and voting at
an election or special election on the question of imposing a new
millage or increasing or renewing an existing millage on real
property only, a person is considered a resident of any political
subdivision to be affected by the result of that election in which
that person owns real property. For purposes of registering to vote
and voting at an election or special election for the office of
judge of a municipal court that exercises jurisdiction over another
city pursuant to section 9928(3) of the revised judicature act of
1961, 1961 PA 236, MCL 600.9928, a person who resides in the other
city over which municipal court jurisdiction is exercised is
considered a resident of the city in which the municipal court is
located.
