HB-4907, As Passed House, November 30, 2011

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4907

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 312 and 646a (MCL 168.312 and 168.646a), as

 

amended by 2006 PA 647.

 

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

 

less than 70 days 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 less than

 

70 days 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 68 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.

 

     Sec. 646a. (1) If a local officer is to be elected at a

 

general November election, candidates for the local office shall be

 

nominated in the manner provided by law or charter, subject to

 

sections 641 and 642. If candidates for the local office are to be

 

nominated at caucuses, the caucuses shall be held on a date before

 

the date set for the primary election or on the Saturday before the

 

day of the primary election as determined by the local legislative

 

body at least 20 days before the date of the caucus. If candidates

 

are nominated by filing petitions or affidavits, they shall be

 

filed at a time provided by charter, but not later than the date of

 

the primary. Except as provided in section 642, the local primary

 

election shall be held on the same day as a state or county primary

 

election. If a state or county primary is being held on the same

 

day, the last day for local candidates to file nominating petitions

 

is the same as the last date to file petitions for state and county

 

offices. The names of all local candidates and titles of office

 

shall be certified to the county clerk by the local clerk within 5

 

days after the last day for filing petitions, and certification of

 

nominees shall be made to that clerk within 5 days after the date

 

on which the primary or caucus was held.

 

     (2) If a local, school district, or county ballot question is

 

to be voted on at a regular election date or special election, the

 

ballot wording of the ballot question shall be certified to the

 

local or county clerk at least 70 days not later than 4 p.m. on the

 

twelfth Tuesday before the election. If the wording is certified to

 

a clerk other than the county clerk, the clerk shall certify the

 

ballot wording to the county clerk at least 68 82 days before the

 

election. Petitions to place a county or local ballot question on

 

the ballot at the election shall be filed with the clerk at least

 

14 days before the date the ballot wording must be certified to the

 

local clerk.

 

     (3) The provisions of this section apply notwithstanding any

 

provisions of law or charter to the contrary, unless an earlier

 

date for the filing of affidavits or petitions, including

 

nominating petitions, is provided in a law or charter, in which

 

case the earlier filing date is controlling.

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2012.