Bill Text: MI HB5012 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Townships: employees and officers; election provisions regarding township officers; revise. Amends sec. 358 of 1954 PA 116 (MCL 168.358) & repeals sec. 341 of 1954 PA 116 (MCL 168.341). TIE BAR WITH: HB 5011'19, HB 5010'19, HB 5013'19, HB 5018'19
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2019-09-25 - Bill Electronically Reproduced 09/25/2019 [HB5012 Detail]
Download: Michigan-2019-HB5012-Introduced.html
HOUSE BILL NO. 5012
September 24, 2019, Introduced by Reps.
Paquette, Marino, Hornberger and Yaroch and referred to the Committee on
Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 358 (MCL 168.358), as amended by 1999 PA 16; and to repeal acts and parts of acts.
the people of the state of michigan enact:
Sec. 358. (1) In every township, there shall must be a general November election in each even-numbered year for the election of officers and the submission of propositions, as provided by law. At the 1980 general November election, there shall There must be elected by ballot all of the following township officers:
(a) A supervisor.
(b) A clerk.
(c) A treasurer.
(d) Two trustees.Not more than 4 trustees, as provided under subsection (4).
(e) Not more than 4 constables.
(f) If authorized by law and after a township takes the actions provided in section 11 of 1877 PA 164, MCL 397.211, 6 free public library directors.
(g) If a township takes the actions provided in section 1 of former 1931 PA 271 or section 6 of 1905 PA 157, MCL 41.426, the number of park commission members provided for under section 6 of 1905 PA 157, MCL 41.426.
(2) Except as otherwise provided in this subsection, the order of offices on the township portion of the ballots shall must be the same as the order in which the officers are listed in subsection (1). Free public library directors shall and park commission members must be listed on the nonpartisan portion of the ballot.
(3) Subject to the limitation in subsection (1), the number of constables to be elected at the 1992 general November election and each general November election at which township offices are regularly to be elected after 1992 shall must be determined by the township board by resolution not less than 6 months before the township primary election preceding the general November election. The resolution that specifies the number of constables to be elected applies in that township until a subsequent resolution is adopted altering that number. If a determination as to the number of constables to be elected is was not made by the township board by the deadline under this subsection for the 1992 general election, the number of constables to be elected shall must be the same number that was elected in that township in the 1988 general November election until a resolution is adopted to provide for the election of a different number of constables.
(4) In a township having a population of 5,000 or more, or having 3,000 or more qualified and registered electors as shown by the registration records at the close of registration for the last preceding general November election, there may be elected 4 trustees. In other townships there shall must be 2 trustees. A township shall must not elect 4 trustees unless the election of additional trustees is approved by the voters at a general November election or by a majority of the voters attending at an annual meeting. The township board of a township having a population of 5,000 or more, or having 3,000 or more qualified and registered electors, shall cause the question of electing additional trustees to be voted on at the first general November election or annual meeting following the township's qualifying for additional trustees. If a majority of the electors voting on the question vote in favor of electing 4 trustees, the township shall thereafter elect 4 trustees. If a majority of the electors voting on the question do not vote in favor of electing 4 trustees, the township board may resubmit the question at a subsequent general November election or annual meeting or the question shall must be submitted at the first general November election or annual meeting held not less than 84 days following the submission of a petition containing the signatures of not less than 10% of the registered and qualified electors of the township, as shown by the registration records at the close of registration for the last general November election, asking that the question be submitted.
(5) At the first general November election in a township held not less than 4 months after the provisions of this section relative to additional trustees are adopted by a township, there shall must be elected the number of trustees necessary to make a total of 4 trustees. If the additional trustees are elected at a general November election that is not a regular township election, the additional trustees shall hold office only until a successor is elected at the next regular township election and qualifies for office.
(6) This section does not prohibit townships electing 4 trustees as of September 13, 1958 from continuing to do so.
Enacting section 1. Section 341 of the Michigan election law, 1954 PA 116, MCL 168.341, is repealed.
Enacting section 2. This amendatory act takes effect January 2, 2021.
Enacting section 3. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:
(a) Senate Bill No.____ or House Bill No. 5011 (request no. 03220'19 a *).
(b) Senate Bill No.____ or House Bill No. 5010 (request no. 03945'19).
(c) Senate Bill No.____ or House Bill No. 5013 (request no. 03946'19).
(d) Senate Bill No.____ or House Bill No. 5018 (request no. 03947'19).
