Bill Text: MI HB4815 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Elections; school; millage elections; limit to general November election. Amends secs. 312, 497a, 641 & 821 of 1954 PA 116 (MCL 168.312 et seq.). TIE BAR WITH: HB 4814'17
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-08-16 - Bill Electronically Reproduced 07/12/2017 [HB4815 Detail]
Download: Michigan-2017-HB4815-Introduced.html
HOUSE BILL No. 4815
July 12, 2017, Introduced by Reps. Lilly, Lower and Albert and referred to the Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 312, 497a, 641, and 821 (MCL 168.312,
168.497a, 168.641, and 168.821), section 312 as amended by 2013 PA
253, section 497a as amended by 1986 PA 220, section 641 as amended
by 2015 PA 197, and section 821 as amended by 2003 PA 302.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 312. (1) A school board may submit a ballot question to
the school electors on a regular election date, on a date when a
city or township within the school district's jurisdiction is
holding an election by adopting a resolution to that effect not
later than 4 p.m. on the twelfth Tuesday before the election date,
or on a special election date as provided in section 641(4). The
school board shall certify the ballot question language to the
school district election coordinator not later than 4 p.m. on the
twelfth Tuesday before the election date. The school district
election coordinator shall send a copy of the ballot question
language to the county clerk of each county not less than 82 days
before the election.
(2) If a special election is called on a date provided under
section 641(4), the school district election coordinating committee
shall schedule the special election date.
(3) Beginning January 1, 2018, this section is subject to the
limitation in section 24f(4) of the general property tax act, 1893
PA 206, MCL 211.24f.
Sec. 497a. The 30-day limitation contained in section 497
shall
does not apply to a second school millage election
allowable
under
section 36(3) of the general property tax act, Act No. 206 of
the
Public Acts of 1893, as amended, being section 211.36 of the
Michigan
Compiled Laws, 1893 PA 206,
MCL 211.36, or to a first
school millage election held under section 36(2) of the general
property tax act, 1893 PA 206, MCL 211.36, during calendar year
1986 if a school district's operating revenue is less than the
total operating revenue for the previous school year. For those
elections, a registration taken on the days intervening between the
tenth
day preceding before the election and the day of the election
shall
is not be valid for that election, but shall
be is valid for
a subsequent regular, primary, or special election of the district.
Beginning January 1, 2018, this section is subject to the
limitation in section 24f(4) of the general property tax act, 1893
PA 206, MCL 211.24f.
Sec. 641. (1) Except as otherwise provided in this section, an
election
held under this act shall must
be held on 1 of the
following regular election dates:
(a) The May regular election date, which is the first Tuesday
after the first Monday in May.
(b) The August regular election date, which is the first
Tuesday after the first Monday in August.
(c) The November regular election date, which is the first
Tuesday after the first Monday in November.
(d) In each presidential election year when a statewide
presidential primary election is held, the date of the statewide
presidential primary election as provided in section 613a.
(2) If an elective office is listed by name in section 643,
requiring the election for that office to be held at the general
election, and if candidates for the office are nominated at a
primary
election, the primary election shall must be held on the
August regular election date.
(3) Except as otherwise provided in this subsection and
subsection
(4), a special election shall must
be held on a regular
election date. A special election called by the governor under
section 145, 178, 632, 633, or 634 to fill a vacancy or called by
the legislature to submit a proposed constitutional amendment as
authorized in section 1 of article XII of the state constitution of
1963 may, but is not required to be, held on a regular election
date.
(4) A school district may call a special election to submit a
ballot question to borrow money, increase a millage, or establish a
bond if an initiative petition is filed with the county clerk. The
petition
shall must be signed by a number of qualified and
registered electors of the district equal to not less than 10% of
the electors voting in the last gubernatorial election in that
district
or 3,000 signatures, whichever number is lesser. less.
Section 488 applies to a petition to call a special election for a
school district under this section. In addition to the requirements
set forth in section 488, the proposed date of the special election
shall
must appear beneath the petition heading, and the
petition
shall
must clearly state the amount of the millage increase or
the
amount of the loan or bond sought and the purpose for the millage
increase
or the purpose for the loan or bond. The petition shall
must be filed with the county clerk by 4 p.m. of the twelfth
Tuesday before the proposed date of the special election. The
petition
signatures shall must be obtained within 60 days before
the filing of the petition. Any signatures obtained more than 60
days before the filing of the petition are not valid. If the
special election called by the school district is not scheduled to
be held on a regular election date as provided in subsection (1),
the
special election shall must
be held on a Tuesday. A special
election
called by a school district under this subsection shall
must not be held within 30 days before or 35 days after a regular
election date as provided in subsection (1). A school district may
only
call 1 special election pursuant to under this subsection in
each calendar year. Beginning January 1, 2018, this subsection is
subject to the limitation in section 24f(4) of the general property
tax act, 1893 PA 206, MCL 211.24f.
(5) The secretary of state shall direct and supervise the
consolidation of all elections held under this act.
(6) This section shall be known and may be cited as the
"Hammerstrom election consolidation law".
Sec. 821. (1) The board of county canvassers shall meet at the
office of the county clerk at 1 p.m. on the day after the day of a
general election, August primary, or presidential primary election
in the county. Except as provided in subsection (2), for other
elections the board shall meet within 5 days following the
election.
(2) If, at an election held on the May regular election date,
a ballot question appears on the ballot concerning authorized
millage that is subject to a millage reduction as provided in
section 34d of the general property tax act, 1893 PA 206, MCL
211.34d, the board of county canvassers shall meet to canvass and
certify the results of the vote on that proposition after May 31
and before June 15 following the election. Beginning January 1,
2018, this subsection is subject to the limitation in section
24f(4) of the general property tax act, 1893 PA 206, MCL 211.24f.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 4814 (request no.
02073'17 *) of the 99th Legislature is enacted into law.
