Bill Text: MI HB6175 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Elections: candidates; appointment of individual as candidate to fill a vacant office on the ballot; prohibit if the individual is a candidate for any other office on the same ballot. Amends secs. 326, 352 & 381 of 1954 PA 116 (MCL 168.326 et seq.) & adds sec. 326a.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-09-08 - Bill Electronically Reproduced 09/03/2020 [HB6175 Detail]
Download: Michigan-2019-HB6175-Introduced.html
HOUSE BILL NO. 6175
September 03, 2020, Introduced by Rep.
Hornberger and referred to the Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 326, 352, and 381 (MCL 168.326, 168.352, and 168.381), sections 326 and 352 as amended by 2012 PA 276 and section 381 as amended by 2018 PA 120, and by adding section 326a.
the people of the state of michigan enact:
Sec. 326. If a candidate of a political party for a
city office, after having qualified as a candidate, dies after the last day for
qualifying, leaving the political party without a candidate for the office, a
candidate to fill the vacancy may, subject to this
section, be selected by the members of the county executive
committee of the candidate's political party residing in the city if 3 or more
members of the county executive committee of that political party reside in the
city. If less than 3 members of the county executive committee of that
political party reside in the city, the county executive committee of that
political party may, subject to this
section, select a candidate to fill the vacancy for that office. An individual selected as a candidate to fill the
vacancy for that office on the ballot under this section must not be a
candidate for any other office on the same ballot. The name of
the candidate selected shall must be transmitted to the city officials
required by law to print and distribute ballots. The name of the candidate shall must be printed on the ballots, but if
the ballots have been printed, the city officials shall must have
the ballots reprinted with the candidate's name on the ballots and the
reprinted ballots shall must be distributed to the various voting
precincts within in the city.
Sec. 326a. If a nonpartisan candidate for a city office dies after the last day for qualifying and an individual is selected as a candidate to fill the vacancy for that office on the ballot, the individual selected as the candidate to fill the vacancy for that office on the ballot must not be a candidate for any other office on the same ballot. The name of the candidate selected must be transmitted to the city officials required by law to print and distribute ballots. The name of the candidate must be printed on the ballots, but if the ballots have been printed, the city officials must have the ballots reprinted with the candidate's name on the ballots and the reprinted ballots must be distributed to the various voting precincts in the city.
Sec. 352. If a candidate of a political party for a
township office, after having qualified as a candidate, dies after the last day
for qualifying, leaving the political party without a candidate for a township
office, a candidate to fill the vacancy may, subject to this section, be selected by the
members of the county executive committee of the candidate's political party
residing in the township if 3 or more members of the county executive committee
of that political party reside in the township. If less than 3 members of the
county executive committee of that political party reside in the township, the
county executive committee of that political party may, subject to this section, select a candidate to
fill the vacancy for that office. An individual
selected as a candidate to fill the vacancy for that office on the ballot under
this section must not be a candidate for any other office on the same ballot. The
name of the candidate selected shall must be transmitted to the township
officials required by law to print and distribute ballots. The name of the
candidate shall must be printed on the ballots, but if
the ballots have been printed, the township officials shall must have
the ballots reprinted with the candidate's name on the ballots and the
reprinted ballots shall must be distributed to the various voting
precincts within in the township.
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. After a nominating petition 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.
(5) If a candidate for a village office dies after the last day for qualifying and an individual is selected as a candidate to fill the vacancy for that office on the ballot, the individual selected as the candidate to fill the vacancy for that office on the ballot must not be a candidate for any other office on the same ballot. The name of the candidate selected must be transmitted to the township officials required by law to print and distribute ballots. The name of the candidate must be printed on the ballots, but if the ballots have been printed, the township officials must have the ballots reprinted with the candidate's name on the ballots and the reprinted ballots must be distributed to the various voting precincts in the village.
