Bill Text: MI HB4746 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Elections; school; school board elections; require to be held in November. Amends secs. 302 & 644g of 1954 PA 116 (MCL 168.302 & 168.644g) & adds sec. 642c.

Spectrum: Slight Partisan Bill (Democrat 6-3)

Status: (Introduced - Dead) 2009-04-01 - Printed Bill Filed 04/01/2009 [HB4746 Detail]

Download: Michigan-2009-HB4746-Introduced.html

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HOUSE BILL No. 4746

 

March 31, 2009, Introduced by Reps. LeBlanc, Gregory, Johnson, Polidori, Agema, Melton, Rogers, Stamas and Dean and referred to the Committee on Education.

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 302 and 644g (MCL 168.302 and 168.644g),

 

section 302 as amended by 2005 PA 71 and section 644g as amended by

 

2004 PA 293, and by adding section 642c.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 302. An individual is eligible for election as a school

 

board member if the individual is a citizen of the United States

 

and is a qualified and registered elector of the school district

 

the individual seeks to represent by the filing deadline. At least

 

1 school board member for a school district shall be elected at

 

each of the school district's regular elections held as provided in

 

section 642 or 642a 642c. Except as otherwise provided in this

 

section or section 310 or 644g, a school board member's term of

 

office is prescribed by the applicable provision of section 11a,

 

617, 701, or 703 of the revised school code, 1976 PA 451, MCL

 

380.11a, 380.617, 380.701, and 380.703, or section 34, 34a, 41, 54,

 

or 83 of the community college act of 1966, 1966 PA 331, MCL

 

389.34, 389.34a, 389.41, 389.54, and 389.83. Except as provided in

 

section 302a, if a ballot question changing the number of school

 

board members or changing the terms of office for school board

 

members pursuant to section 11a of the revised school code, 1976 PA

 

451, MCL 380.11a, is proposed and a school district needs a

 

temporary variance from the terms of office provisions in this act

 

and the revised school code, 1976 PA 451, MCL 380.1 to 380.1852, to

 

phase in or out school board members' terms of office, the school

 

board shall submit the proposed ballot question language and a

 

proposed transition plan to the secretary of state at least 30 days

 

before the school board submits the ballot question language to the

 

school district election coordinator pursuant to section 312. The

 

secretary of state shall approve or reject the proposed transition

 

plan within 10 business days of receipt of the proposed transition

 

plan. The secretary of state shall approve the proposed transition

 

plan if the plan provides only temporary relief to the school

 

district from the terms of office provisions in this act and the

 

revised school code, 1976 PA 451, MCL 380.1 to 380.1852, until such

 

time that the terms of office for school board members can be made

 

to comply with this act and the revised school code, 1976 PA 451,

 

MCL 380.1 to 380.1852. The school board shall not submit the

 

proposed ballot question language to the school district election

 

coordinator pursuant to section 312 until the proposed transition

 

plan is approved by the secretary of state. A school board member's

 

term begins on 1 of the following dates:

 

     (a) If elected at an election held on a November regular

 

election date, January 1 immediately following the election.

 

     (b) If elected at an election held on a May regular election

 

date, July 1 immediately following the election.

 

     Sec. 642c. Beginning January 1, 2010, a school district shall

 

hold its regular election for the office of school board member on

 

the November regular election date in both even and odd years.

 

     Sec. 644g. (1) A term of office shall not be shortened by the

 

provisions of sections 641 to 644i. An officer scheduled by prior

 

law to be elected at a time other than the odd year general

 

election shall not be elected on the date scheduled but shall

 

continue in office until a successor takes office after being

 

elected in the first odd year general election following that date.

 

If the regular election date for holding a jurisdiction's regular

 

election is changed under section 642, or 642a, or 642c, the term

 

of an official who was elected before the effective date of the

 

change continues until a successor is elected and qualified at the

 

next regular election.

 

     (2) Notwithstanding a law or charter provision to the

 

contrary, an officer required to be elected at the odd year general

 

election, who by law or charter is elected for a term of an odd

 

number of years shall, after September 1, 2004, be elected for a

 

term of 1 year longer than provided by law or charter.

 

     (3) In home rule cities where the charter provides for the

 

election of city officers at a time other than at the odd year

 

general election and provides that members of the governing body

 

are not all to be elected in the same year, the governing body by

 

ordinance adopted prior to April 1, 1971 may alter the length of

 

terms now provided by charter to provide that the city may continue

 

to elect part of the governing body at each election. A term shall

 

not be extended beyond January 1 following the first odd year

 

general election at which the officer would be elected as provided

 

by charter. A term shall not be for more than 4 years.

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2010.