Bill Text: MI SB0586 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Elections; other; option to elect county road commissioners by geographic districts of equal population; provide for in Michigan election law. Amends secs. 252, 254, 267 & 269 of 1954 PA 116 (MCL 168.252 et seq.). TIE BAR WITH: SB 0585'11, SB 0587'11
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-09-07 - Referred To Committee On Local Government And Elections [SB0586 Detail]
Download: Michigan-2011-SB0586-Introduced.html
SENATE BILL No. 586
September 7, 2011, Introduced by Senator GLEASON and referred to the Committee on Local Government and Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 252, 254, 267, and 269 (MCL 168.252, 168.254,
168.267, and 168.269), section 254 as amended by 1999 PA 218 and
section 269 as amended by 1990 PA 7.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
252. (1) No A
person shall not be
eligible to the office
of
county road commissioner who shall not have been unless the
person is a citizen of the United States and a qualified and
registered elector of the county in which election is sought for at
least
1 year next preceding before
his or her election. ,
nor shall
he
be a member of the county board of supervisors In addition, a
person shall not be eligible to the office of county road
commissioner if he or she is a member of the county board of
commissioners.
(2) In addition to the requirements of subsection (1), a
person seeking to represent a single-member district in the office
of county road commissioner shall be a resident of that single-
member district.
Sec.
254. (1) To Except as
otherwise provided in this section,
to obtain the printing of the name of a person as a candidate for
nomination by a political party for the office of county road
commissioner under a particular party heading upon the official
primary ballots, there shall be filed with the county clerk of the
county nominating petitions signed by a number of qualified and
registered electors residing within the county as determined under
section 544f. In a county with single-member districts for the
office of county road commissioner, to obtain the printing of the
name of a person as a candidate for nomination by a political party
for the office of county road commissioner under a particular party
heading upon the official primary ballots, there shall be filed
with the county clerk nominating petitions signed by a number of
qualified and registered electors residing within the single-member
district of the county as determined under section 544f. Nominating
petitions shall be in the form prescribed in section 544c. The
county clerk shall receive nominating petitions up to 4 p.m. of the
twelfth
Tuesday preceding before the August primary in which county
road commissioners are to be elected.
(2) To obtain the printing of the name of a candidate of a
political party under the particular party's heading upon the
primary election ballots in the various voting precincts of the
county, there may be filed by each candidate, in lieu of filing
nominating petitions, a filing fee of $100.00 to be paid to the
county clerk. Payment of the fee and certification of the name of
the candidate paying the fee shall be governed by the same
provisions as in the case of nominating petitions. The fee shall be
deposited in the general fund of the county and shall be returned
to all candidates who are nominated and to an equal number of
candidates who received the next highest number of votes in the
primary election. If 2 or more candidates tie in having the lowest
number of votes allowing a refund, the sum of $100.00 shall be
divided among them. The deposits of all other defeated candidates,
as well as the deposits of candidates who withdraw or are
disqualified, shall be forfeited and the candidates shall be
notified of the forfeitures. Deposits forfeited under this section
shall be paid into and credited to the general fund of the county.
Sec. 267. The office of county road commissioner in any county
in this state shall become vacant upon the happening of any of the
following events:
(a) Death of the incumbent. ;
his
(b)
His or her resignation. ;
his
(c)
His or her removal from office for
cause. ; his
(d) His or her ceasing to be a resident of the county where
his
or her office is located. ; his
(e) If representing a single-member district, moving his or
her residence outside of the single-member district.
(f)
His or her conviction of an infamous
crime , or an
offense
involving
the violation of his or her oath of office. ; the
(g) The decision of a competent tribunal declaring his or her
election
or appointment void. ; his
(h) His or her refusal or neglect to take and subscribe to the
constitutional oath of office and deposit the same in the manner
and
within the time prescribed by law.
; or his
(i) His or her refusal or neglect to give bond in the amount
and manner and within the time prescribed by law.
Sec. 269. If a vacancy occurs in the office of county road
commissioner, a qualified person shall be appointed to fill the
vacancy by the county board of commissioners. If a vacancy occurs
in a single-member county road commission district, a qualified
person from that single-member district shall be appointed to fill
the vacancy by the county board of commissioners. The person so
appointed shall take the oath of office, give bond in the manner
required by law, and hold office for the remainder of the unexpired
term and until a successor is elected and qualified. However, in a
county in which county road commissioners are elected, if the next
general November election is to be held more than 182 days after
the vacancy occurs, and it is not the general November election at
which a successor in office would be elected if there were no
vacancy, the person appointed shall hold 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 the office for the remainder of the unexpired term.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 96th Legislature are
enacted into law:
(a) Senate Bill No. 585.
(b) Senate Bill No. 587.
