Bill Text: MI HB4948 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Elections; local; nonpartisan township board elections; allow under certain circumstances. Amends secs. 345, 349, 355, 370, 370a, 697 & 699 of 1954 PA 116 (MCL 168.345 et seq.) & adds secs. 345a, 349b, 356a & 357a.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-09-14 - Bill Electronically Reproduced 09/13/2017 [HB4948 Detail]

Download: Michigan-2017-HB4948-Introduced.html

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HOUSE BILL No. 4948

 

 

September 13, 2017, Introduced by Reps. Yaroch, Lucido, Canfield, Leutheuser, Schor, Moss, Zemke and Lasinski and referred to the Committee on Elections and Ethics.

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 345, 349, 355, 370, 370a, 697, and 699 (MCL

 

168.345, 168.349, 168.355, 168.370, 168.370a, 168.697, and

 

168.699), section 349 as amended by 2012 PA 276, section 355 as

 

amended by 2013 PA 51, sections 370 and 370a as amended by 2014 PA

 

94, and section 699 as amended by 2012 PA 523, and by adding

 

sections 345a, 349b, 356a, and 357a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 345. A Except as otherwise provided in section 345a, a

 

primary of all political parties shall must be held in every

 

organized township of this state on the Tuesday succeeding after

 

the first Monday in August preceding before every general November

 

election, at which time the qualified and registered electors of

 

each political party may vote for party candidates for township

 

offices.

 

     Sec. 345a. (1) The board of trustees of a township may adopt a

 

resolution to conduct nonpartisan elections for the offices of

 

supervisor, clerk, treasurer, or trustee. If a board of trustees of

 

a township adopts a resolution as provided in this section, the

 

resolution takes effect on December 31 of the year in which the

 

resolution is adopted.

 

     (2) If a board of trustees adopts a resolution as provided

 

under subsection (1), a general nonpartisan primary must be held in

 

that township on the Tuesday after the first Monday in August

 

before every general November election at which a township

 

supervisor, clerk, treasurer, and trustees are to be elected, at

 

which time the qualified and registered electors may vote for

 

nonpartisan candidates for the offices of township supervisor,

 

clerk, treasurer, and trustee. If upon the expiration of the time

 

for filing petitions for the nonpartisan primary election of a

 

township office described in this section it appears that there are

 

not to exceed twice the number of candidates as there are persons

 

to be elected, then the township clerk shall certify to the county

 

clerk the name of the candidate for that township office whose

 

petitions have been properly filed and that candidate is the

 

nominee for that township office and must be so certified. As to

 

that township office, there is no primary election and this

 

township office must be omitted from the primary ballot.

 

     Sec. 349. (1) To Except as otherwise provided in section 349b,

 

to obtain the printing of the name of a person as a candidate for

nomination by a political party for a township office under the

 

particular party heading upon the official primary ballots, there

 

shall must be filed with the township clerk nominating petitions

 

signed by a number of qualified and registered electors residing

 

within the township as determined under section 544f. Nominating

 

petitions shall must be in the form prescribed in section 544c.

 

Until December 31, 2013, the township clerk shall receive

 

nominating petitions up to 4 p.m. of the twelfth Tuesday before the

 

August primary. Beginning January 1, 2014, the The township clerk

 

shall receive nominating petitions up to 4 p.m. of the fifteenth

 

Tuesday before the August primary.

 

     (2) Within Except as otherwise provided in section 349b,

 

within 4 days after the last day for filing nominating petitions,

 

the township clerk shall deliver to the county clerk a list setting

 

forth the name, address, and political affiliation and office

 

sought of each candidate who has qualified for a position on the

 

primary ballot.

 

     Sec. 349b. (1) This section only applies if a board of

 

trustees of a township adopts a resolution as provided in section

 

345a.

 

     (2) To obtain the printing of the name of a person as a

 

candidate for nomination for a township office described in section

 

345a upon the official nonpartisan primary ballots, there must be

 

filed with the township clerk nominating petitions signed by a

 

number of qualified and registered electors residing within the

 

township determined under section 544f. Nominating petitions must

 

be in the form prescribed in section 544a. The township clerk shall

receive nominating petitions up to 4 p.m. of the fifteenth Tuesday

 

before the August primary.

 

     (3) Within 4 days after the last day for filing nominating

 

petitions, the township clerk shall deliver to the county clerk a

 

list setting forth the name, address, and office sought for each

 

candidate who has qualified for a position on the nonpartisan

 

primary ballot.

 

     Sec. 355. (1) The Except as otherwise provided in section

 

356a, the candidate or candidates of each political party to a

 

township office receiving the greatest number of votes cast for

 

candidates of that office, as set forth in the report of the board

 

of county canvassers, based on the returns from the various

 

election precincts, or as determined by the board of county

 

canvassers as the result of a recount, shall must be declared the

 

nominee or nominees of that political party for that office at the

 

next ensuing November election. The board of county canvassers

 

shall certify the nomination or nominations to the township clerk

 

within 48 hours after the polls close.

 

     (2) Within 4 days following the primary, the township clerk

 

shall deliver to the county clerk a list setting forth the names,

 

addresses, political affiliation, and office sought of all

 

candidates nominated at the primary.

 

     Sec. 356a. (1) This section only applies if a board of

 

trustees of a township adopts a resolution as provided in section

 

345a.

 

     (2) The candidates for each township office described in

 

section 345a receiving the largest number of votes at a nonpartisan

primary election, to a number equal to twice the number of places

 

to be filled as set forth in the report of the board of township

 

canvassers, based on the returns from the various election

 

precincts or as determined by the board of county canvassers as the

 

result of a recount, must be declared the nominees for those

 

township offices at the next November election. The board of county

 

canvassers shall certify the nominations to the township clerk

 

within 48 hours after the closing of the polls.

 

     (3) Within 4 days following the nonpartisan primary, the

 

township clerk shall deliver to the county clerk a list setting

 

forth the name, address, and office sought of each candidate

 

nominated at the nonpartisan primary.

 

     Sec. 357a. (1) This section only applies if a board of

 

trustees of a township adopts a resolution as provided under

 

section 345a.

 

     (2) If there are fewer nominees for the office of supervisor,

 

clerk, treasurer, or trustee than there are persons to be elected

 

because of the death or disqualification of a nominee less than 66

 

days before the general November election, then a person shall not

 

be elected at that general November election for that office for

 

which there is no nominee.

 

     Sec. 370. (1) Except as provided in section 370a or subsection

 

(2), if a vacancy occurs in an elective or appointive township

 

office, the vacancy shall must be filled by appointment by the

 

township board, and the person appointed shall hold the office for

 

the remainder of the unexpired term.

 

     (2) If 1 or more vacancies occur in an elective township

office that cause the number of members serving on the township

 

board to be less than the minimum number of board members that is

 

required to constitute a quorum for the transaction of business by

 

the board, the board of county election commissioners shall make

 

temporary appointment of the number of members required to

 

constitute a quorum for the transaction of business by the township

 

board. An official appointed under this subsection shall hold the

 

office only until the official's successor is elected or appointed

 

and qualified. An official who is temporarily appointed under this

 

subsection shall not vote on the appointment of himself or herself

 

to an elective or appointive township office.

 

     (3) If a township official submits a written resignation from

 

an elective township office, for circumstances other than a

 

resignation related to a recall election, that specifies a date and

 

time when the resignation is effective, the township board, within

 

30 days before that effective date and time, may appoint a person

 

to fill the vacancy at the effective date and time of the

 

resignation. The resigning official shall not vote on the

 

appointment.

 

     (4) Except as provided in subsection (5), if the township

 

board does not make an appointment under subsection (3), or if a

 

vacancy occurs in an elective township office and the vacancy is

 

not filled by the township board or the board of county election

 

commissioners within 45 days after the beginning of the vacancy,

 

the county clerk of the county in which the township is located

 

shall call a special election within 5 calendar days to fill the

 

vacancy. Not Except as otherwise provided in this subsection, not

later than 4 p.m. on the fifteenth calendar day after the county

 

clerk calls a special election under this section, the township

 

party committee for each political party in the township shall

 

submit a nominee to fill the vacancy. If a board of trustees of a

 

township adopts a resolution as provided in section 345a, to obtain

 

the printing upon the special election ballot of the name of a

 

person as a candidate for a vacant township office, there must be

 

filed with the township clerk nominating petitions, in the form

 

prescribed in section 544a, signed by a number of qualified and

 

registered electors residing within the township determined under

 

section 544f. If a board of trustees of a township adopts a

 

resolution as provided in section 345a, the township clerk shall

 

receive nominating petitions for a vacant township office up to 4

 

p.m. on the fifteenth calendar day after the county clerk calls a

 

special election under this section, and within 4 days after the

 

last day for filing nominating petitions, the township clerk shall

 

deliver to the county clerk a list setting forth the name and

 

address of each candidate who has qualified to be placed on the

 

special election ballot for that vacant township office. The

 

special election shall must be held on the next regular election

 

date that is not less than 60 days after the deadline for

 

submitting nominees under this section or 70 days after the

 

deadline for submitting nominees under this section if the next

 

regular election date is the even year August primary or the

 

general November election. Notice of the special election shall

 

must be given in the same manner required by section 653a. A

 

special election called under this section does not affect the

rights of a qualified elector to register for any other election. A

 

person elected to fill a vacancy shall serve for the remainder of

 

the unexpired term.

 

     (5) Subsection (4) does not apply to the office of township

 

constable. If a vacancy occurs in the office of township constable,

 

the township board shall determine if and when the vacancy shall

 

must be filled by appointment. If the township board does not fill

 

the vacancy by appointment, the office of township constable shall

 

remain remains vacant until the next general or special election in

 

which township offices are filled.

 

     Sec. 370a. Notwithstanding the provisions of section 370, if a

 

vacancy occurs in an elective or appointive township office, which

 

vacancy is filled by appointment by the township board or the board

 

of county election commissioners and the vacancy occurs more than 7

 

days before the nominating petition filing deadline as provided in

 

section 349 or 349b for the general November election that is not

 

the general November election at which a successor in office would

 

be elected if no vacancy, then the person appointed shall hold

 

holds office only until a successor is elected at the next general

 

November election in the manner provided by law and qualifies for

 

office. The successor shall hold holds the office for the remainder

 

of the unexpired term.

 

     Sec. 697. At the general November election, the names of the

 

several offices to be voted for shall must be placed on the ballot

 

substantially in the following order in the years in which

 

elections for such those offices are held: Electors of president

 

President and vice-president Vice President of the United States;

governor and lieutenant governor; secretary of state; attorney

 

general; United States senator; representative Senator;

 

Representative in congress; Congress; senator and representative in

 

the state legislature; members of the state board of education;

 

regents of the university University of Michigan; trustees of

 

Michigan state university; State University; governors of Wayne

 

state university; State University; county executive; prosecuting

 

attorney; sheriff; clerk; treasurer; register of deeds; auditor in

 

counties electing an auditor; mine inspector in counties electing a

 

mine inspector; county road commissioners; drain commissioners;

 

coroners; and surveyor. The Except as otherwise provided under

 

section 699(2), the following township officers shall must be

 

placed on the same ballot as above described in substantially the

 

following order in the year in which elections for such those

 

offices are held: supervisor, clerk, treasurer, trustees, and

 

constables.

 

     Sec. 699. (1) At Subject to section (2), at any regular

 

election, the names of the several nonpartisan offices to be voted

 

for shall must be placed on a separate portion of the ballot

 

containing no party designation in the following order: justices of

 

the supreme court, judges of the court of appeals, judges of the

 

circuit court, judges of the probate court, judges of the district

 

court, community college board of trustees member, intermediate

 

school district board member, city officers, the following village

 

officers in substantially the following order in the year in which

 

elections for the offices are held: president, clerk, treasurer,

 

and trustees, and in a year in which an election for the office is

held, local school district board member, metropolitan district

 

officer, and district library board member.

 

     (2) If a board of trustees of a township adopts a resolution

 

as provided under section 345a, the names of the nonpartisan

 

township offices to be voted must be placed on a separate portion

 

of the ballot containing no party designation as provided in

 

subsection (1) and must appear after city officers and before

 

village officers.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.