Bill Text: MI HB4939 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Elections; candidates; filing fee in lieu of nominating petitions for candidates to city or village offices; permit. Amends secs. 321, 322 & 381 of 1954 PA 116 (MCL 168.321 et seq.).
Spectrum: Moderate Partisan Bill (Democrat 15-3)
Status: (Introduced - Dead) 2019-09-12 - Bill Electronically Reproduced 09/12/2019 [HB4939 Detail]
Download: Michigan-2019-HB4939-Introduced.html
HOUSE BILL NO. 4939
September 11, 2019, Introduced by Reps. Garza,
Liberati, Tyrone Carter, Brenda Carter, Haadsma, Hope, Cambensy, Coleman,
Lasinski, Kennedy, Elder, Yancey, Gay-Dagnogo, Pagan, Stone, Berman, Eisen
and Howell and referred to the Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 321, 322, and 381 (MCL 168.321, 168.322, and 168.381), section 321 as amended by 2018 PA 627, section 322 as amended by 2015 PA 103, and section 381 as amended by 2018 PA 120.
the people of the state of michigan enact:
Sec. 321. (1) Except as provided in subsection (3) this section and sections 322, 327, 641, 642, 644e, 644f, 644g, and 646a, the qualifications, nomination, election, appointment, term of office, and removal from office of a city officer must be in accordance with the charter provisions governing the city.
(2) Notwithstanding any charter provision, instead of filing nominating petitions, a candidate for a city office may pay a nonrefundable filing fee of $100.00 to the city clerk. If a filing fee is paid by the due date for filing nominating petitions, the payment of the filing fee has the same effect as the filing of nominating petitions. The filing fee must be deposited in the general fund of the city.
(3) (2) Within 3 days after the last day on which a candidate for a city office may withdraw, the city clerk shall deliver to the county clerk of the county in which the city is located a list setting forth the name and address of each candidate for a city office.
(4) (3) If the membership of the legislative body of a city governed by the home rule city act, 1909 PA 279, MCL 117.1 to 117.38, is reduced to less than a quorum, unless another method of appointing members of the legislative body is provided by the city charter, members of the legislative body are appointed as provided in this subsection. The board of county election commissioners of the county in which the largest portion of the population of the city resides shall appoint the number of members of the legislative body required to constitute a quorum for the transaction of business by the legislative body. A member of the legislative body appointed under this subsection shall hold the office only until the member's successor is elected and qualified. The successor shall be elected at a special or regular election on the next regular election date that is not less than 60 days after the appointment is made. The successor shall serve for the balance of the unexpired term. A member who is appointed under this subsection shall not vote on the appointment of himself or herself to an elective or appointive city office.
(5) (4) Notwithstanding another provision of law or charter to the contrary, an appointment to an elective or appointive city office made by a quorum constituted by appointments under this section expires upon the election and qualification of a sufficient number of members of the legislative body so that the elected members constitute a quorum.
Sec. 322. (1) If a charter provides for nomination by caucus or by filing a petition or affidavit directly for the May election, the candidate filing deadline or certification deadline is 4 p.m. on the fifteenth Tuesday before the May election.
(2) Notwithstanding any charter provision, instead of filing nominating petitions, a candidate for a city office may pay a nonrefundable filing fee of $100.00 to the city clerk. If a filing fee is paid by the due date for filing nominating petitions, the payment of the filing fee has the same effect as the filing of nominating petitions. The filing fee must be deposited in the general fund of the city.
Sec. 381. (1) Except as provided in this section and sections 383, 641, 642, 642a, and 644g, the qualifications, nomination, election, appointment, term of office, and removal from office of a village officer must be as determined by the charter provisions governing the village.
(2) If the membership of the village council of a village governed by the general law village act, 1895 PA 3, MCL 61.1 to 74.25, is reduced to less than a quorum of 4 and a special election for the purpose of filling all vacancies in the office of trustee is called under section 13 of chapter II of the general law village act, 1895 PA 3, MCL 62.13, temporary appointments of trustees must be made as provided in this subsection. The board of county election commissioners of the county in which the largest portion of the population of the village is situated shall make temporary appointment of the number of trustees required to constitute a quorum for the transaction of business by the village council. A trustee appointed under this subsection shall hold the office only until the trustee's successor is elected and qualified. A trustee who is temporarily appointed under this subsection shall not vote on the appointment of himself or herself to an elective or appointive village office.
(3) Notwithstanding another provision of law or charter to the contrary, an appointment to an elective or appointive village office made by a quorum constituted by temporary appointments under this subsection expires upon the election and qualification of trustees under the special election called to fill the vacancies in the office of trustee.
(4) Filing for a village office must be with the township clerk if the township is conducting the election or if the village is located in more than 1 township with the township in which the largest number of the registered electors of the village reside. Nominating petitions for village offices must be filed with the appropriate township clerk by 4 p.m. on the fifteenth Tuesday before the general November election.
(5) Notwithstanding any charter provision, instead of filing nominating petitions, a candidate for a village office may pay a nonrefundable filing fee of $100.00 to the appropriate township clerk. If a filing fee is paid by the due date for filing nominating petitions, the payment of the filing fee has the same effect as the filing of nominating petitions. The filing fee must be deposited in the general fund of the village.
(6) After a nominating petition or filing fee is filed for a candidate for a village office, the candidate is not permitted to withdraw unless a written withdrawal notice, signed by the candidate, is filed with the appropriate township clerk not later than 4 p.m. of the third day after the last day for filing the nominating petition or filing fee.
