Bill Text: MI HB5287 | 2021-2022 | 101st Legislature | Engrossed
Bill Title: Elections: political parties; references to city or township party committees in the Michigan election law; modify to county party committees. Amends secs. 370 & 719 of 1954 PA 116 (MCL 168.370 & 168.719).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2022-06-16 - Assigned Pa 104'22 With Immediate Effect [HB5287 Detail]
Download: Michigan-2021-HB5287-Engrossed.html
HOUSE BILL NO. 5287
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 370 and 719 (MCL 168.370 and 168.719), section 370 as amended by 2014 PA 94 and section 719 as amended by 2018 PA 120.
the people of the state of michigan enact:
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 individual 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 an individual 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 later than 4 p.m. on the fifteenth calendar day after the county clerk calls a special election under this section, the township county party committee for each political party in the county in which the township is located shall submit a nominee to fill the vacancy. 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 An individual 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 be is filled by appointment. If the township board does not fill the vacancy by appointment, the office of township constable shall must remain vacant until the next general or special election in which township offices are filled.
Sec. 719. The election commission of each city and township shall perform those duties relative to the preparation, printing, and delivery of ballots as are required by law of the boards of county election commissioners. The duties and privileges enjoined and granted by this act upon and to the various committees of the different political organizations are prescribed for city or township county committees in matters pertaining to any city or township election, except that it is not necessary for a city or township county committee of a political party or organization to furnish a heading for the ballots other than to designate the name of the party or political organization that they represent. In cities and townships, the names of candidates for city or township offices must be given by the county committees of the various political organizations to the board of election commissioners of the city or township not less than 18 days before each election, but it is not necessary for any county party committee to give to the board of election commissioners the name of any candidate nominated at an official primary election. The proof of the ballot must be open to public inspection at the office of the township or city clerk not less than 15 days before the election.
