Bill Text: MI SB0110 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Elections; scheduling; election of county executive in an optional unified form of county government; modify election schedule to the gubernatorial election years. Amends sec. 9 of 1973 PA 139 (MCL 45.559).
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2015-12-09 - Referred To Second Reading [SB0110 Detail]
Download: Michigan-2015-SB0110-Introduced.html
SENATE BILL No. 110
February 17, 2015, Introduced by Senators ROBERTSON, KOWALL, MARLEAU and KNOLLENBERG and referred to the Committee on Elections and Government Reform.
A bill to amend 1973 PA 139, entitled
"An act to provide forms of county government; to provide for
county managers and county executives and to prescribe their powers
and duties; to abolish certain departments, boards, commissions,
and authorities; to provide for transfer of certain powers and
functions; to prescribe powers of a board of county commissioners
and elected officials; to provide organization of administrative
functions; to transfer property; to retain ordinances and laws not
inconsistent with this act; to provide methods for abolition of a
unified form of county government; and to prescribe penalties and
provide remedies,"
by amending section 9 (MCL 45.559), as amended by 2003 PA 281.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
9. (1) A Subject to
subsection (6), a county executive
who is a qualified elector in the county shall be elected on a
partisan basis for a term of 4 years concurrent with the term of
the county prosecuting attorney, county clerk, county register of
deeds, county treasurer, county sheriff, elected county auditors,
and
county drain commissioner. If Subject
to subsection (6), if a
county executive is elected at an election different than the
election for county officers, his or her first term shall extend
only until the January following the election for county officers.
(2) The first county executive may be nominated in the same or
next primary or general election held after the election in which
alternate B is approved. The county executive shall then be elected
in the next regular primary or general election occurring not less
than 30 days nor more than 90 days after the date of the election
in which alternate B is approved or in which he or she was
nominated. If a primary or general election is not scheduled during
that period, the board of county commissioners shall call a special
election
to elect a county executive. The Subject to subsection
(6), the county executive shall be nominated and elected pursuant
to the laws applicable to the nomination and election of other
county officials.
(3) If the first election of a county executive is a special
election for that purpose only, and only 1 candidate for each
political party qualifies to have his or her name appear on the
primary ballot, a primary election shall not be held, and the
candidate qualifying shall be certified as the nominee of the
political party for which he or she filed.
(4) Except as provided under section 9a, if the office of
elected county executive becomes vacant due to resignation or
death, the vacancy shall be filled by appointment of the board of
county commissioners until the next general election. A new county
executive shall be elected at the next general election after the
resignation or death of a county executive and in the manner
provided in this section for the election of county executives. The
newly elected county executive shall serve a term equal to the
balance of the term for which the county executive who resigned or
died was elected.
(5) The salary of the county executive for the initial term
shall be established by the board of county commissioners at least
6 months before the effective date of the optional unified form of
county government, containing alternate B. The salary shall be
established by the board consistent with the procedures established
for other elected officials. The county executive's salary shall be
commensurate with the duties and responsibilities of the office.
The salary of a county executive shall not be reduced during his or
her term of office except as part of a general salary reduction.
(6) Except as otherwise provided in subsection (7), at the
general November election in 2016, a county executive who is a
qualified elector in the county shall be elected on a partisan
basis for a term of 2 years beginning on January 1, 2017 and ending
on December 31, 2018. Except as otherwise provided in subsection
(7), at the general November election in 2018 and every fourth year
after that, a county executive who is a qualified elector in the
county shall be elected on a partisan basis for a term of 4 years
beginning on January 1 following the election.
(7) If, by July 1, 2015, a board of county commissioners
adopts a resolution to continue to elect the county executive on a
partisan basis for a term of 4 years concurrent with the term of
other county officials, then the county executive of that county
shall continue to be elected on a partisan basis for a term of 4
years concurrent with the term of other county officials as
provided in subsection (1).
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.