Bill Text: MI SB0810 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Elections; other; village elections to be held in November; require, and general amendments to the Michigan election law. Amends secs. 4, 381, 523, 642, 642a, 699, 759, 759a, 761, 813 & 829 of 1954 PA 116 (MCL 168.4 et seq.); adds secs, 38 & 497c & repeals sec. 500f of 1954 PA 116 (MCL 168.500f).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-12-31 - Assigned Pa 0523'12 [SB0810 Detail]
Download: Michigan-2011-SB0810-Engrossed.html
SB-0810, As Passed Senate, November 29, 2012
SUBSTITUTE FOR
SENATE BILL NO. 810
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 4, 381, 642, and 642a (MCL 168.4, 168.381,
168.642, and 168.642a), section 4 as amended by 2010 PA 181,
section 381 as amended by 2012 PA 276, and sections 642 and 642a as
amended by 2011 PA 233; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. As used in this act:
(a) "School board" means the governing body of a school
district, including the board of trustees of a community college.
(b) "School board member" means an individual holding the
office of school board member under the revised school code, 1976
PA 451, MCL 380.1 to 380.1852, or the office of board of trustees
member under the community college act of 1966, 1966 PA 331, MCL
389.1 to 389.195. School board member includes a school board
member of an intermediate school district if that intermediate
school district has adopted sections 615 to 617 of the revised
school code, 1976 PA 451, MCL 380.615 to 380.617.
(c) "School district" means a school district, a local act
school district, or an intermediate school district, as those terms
are defined in the revised school code, 1976 PA 451, MCL 380.1 to
380.1852, or a community college district under the community
college act of 1966, 1966 PA 331, MCL 389.1 to 389.195.
(d) "School district election coordinating committee" means 1
of the following:
(i) For a school district whose entire territory lies within a
single city or township, a committee composed of the secretary of
the school board or his or her designee, the city or township
election commission, and the school district election coordinator.
(ii) For a school district that has territory in more than 1
city or township, a committee composed of the secretary of the
school board or his or her designee, the school district election
coordinator, and the clerk of each city or township in which school
district territory is located.
(e) "School district election coordinator" means 1 of the
following:
(i) For a school district whose entire territory lies within a
single city or township, the city or township clerk.
(ii) For a school district that has territory in more than 1
city or township, the county clerk of the county in which the
largest number of registered school district electors reside.
(f)
"September election" means the election held on the first
Tuesday
after the second Monday in September in an odd year for the
election
of village offices.
(f) (g)
"Special election" means
an election to elect an
individual to, or nominate an individual for, a partial term in
office or to submit a ballot question to the electors.
(g) (h)
"Special primary" means a
primary called by competent
authority for the nomination of candidates to be voted for at a
special election.
(h) (i)
"Uniform voting system"
means the voting system that
is used at all elections in every election precinct throughout the
state.
(i) (j)
"Village" is defined in
section 9.
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 shall 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 shall
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 shall 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.
Until
December 31, 2013, and except as provided in subsection (5),
nominating petitions for village offices shall be filed with the
appropriate township clerk by 4 p.m. on the twelfth Tuesday before
the
general November election. Beginning January 1, 2014, and
except
as otherwise provided in subsection (5), nominating
petitions for village offices shall 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)
Until December 31, 2013, if a village council adopts a
resolution
in compliance with section 642(7) to hold its regular
election
at the September election, the nominating petitions for
village
offices to be filled at the September election shall be
filed
with the village clerk by 4 p.m. on the twelfth Tuesday
before
the September election. Beginning January 1, 2014, if a
village
adopts a resolution in compliance with section 642(7) to
hold
its regular election at the September election, the nominating
petitions
for village offices to be filled at the September
election
shall be filed with the village clerk by 4 p.m. on the
fifteenth
Tuesday before the September 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 village clerk
not
later than 4 p.m. of the third day after the last day for
filing
the nominating petition.
Sec. 642. (1) Except as otherwise provided in this section and
section 642a, on the effective date of this act, a city shall hold
its regular election or regular primary election as follows:
(a) A city shall hold its regular election for a city office
at the odd year general election.
(b) A city shall hold its regular election primary at the odd
year primary election.
(c) A city that holds its regular election for a city office
annually or in the even year on the November regular election date
shall continue holding elections on that schedule.
(d) A city that holds its regular election primary for a city
office annually or in the even year on the August regular primary
election date shall continue holding primary elections on that
schedule.
(2) If, on September 1, 2004, a city holds its regular
election at other than a regular November election date, the city
council may choose to hold the regular election on the May regular
election date by adopting a resolution in compliance with this
section. Except as provided in section 642a, if a city council
adopts the resolution in compliance with this section to hold its
regular election on the May regular election date, after December
31, 2004, the city's regular election is on the May regular
election date. If a city's regular election is held on the May
regular election date, the city's regular election primary shall be
held on the February regular election date immediately before its
regular election.
(3) If, on September 1, 2004, a city holds its regular
election annually or in the even year on the November regular
election date, the city council may choose to hold the regular
election at the odd year general election by adopting a resolution
in compliance with this section. Except as provided in section
642a, if a city council adopts the resolution in compliance with
this section to hold its regular election at the odd year general
election, after December 31, 2004, the city's regular election is
at the odd year election. If a city's regular election is held at
the odd year general election, the city's regular election primary
shall be held at the odd year primary election.
(4) If, on September 1, 2004, a city holds its regular
election annually on the November regular election date, the city
council may choose to hold the regular election at the even year
general election by adopting a resolution in compliance with this
section. Except as provided in section 642a, if a city council
adopts the resolution in compliance with this section to hold its
regular election at the even year general election, after December
31, 2004, the city's regular election is at the even year election.
If a city's regular election is held at the even year general
election, the city's regular election primary shall be held at the
even year primary election.
(5)
If, on September 1, 2004, a city holds its regular
election
primary at the September primary election, the city
council
may choose to continue holding its regular election primary
at
the September primary election by adopting a resolution in
compliance
with this section. Except as provided in section
642a(2),
if a city council adopts the resolution in compliance with
this
section to hold its regular election primary at the September
primary
election, after December 31, 2004, the city's regular
election
primary is at the September primary election.
(5) (6)
Except as otherwise provided in this
section and
section 642a, on September 1, 2004, a village shall hold its
regular election as follows:
(a) A village shall hold its regular election for a village
office at the general election and the appropriate township clerk
shall conduct the election.
(b) A village shall not hold a regular primary election.
(7)
A village council may make a 1-time choice to hold the
regular
election at the September primary election by adopting a
resolution
in compliance with this section. Except as provided in
section
642a, if a village council adopts the resolution in
compliance
with this section to hold its regular election at the
September
primary election, after December 31, 2004, the village's
regular
election is at the September primary election and the
village
clerk shall conduct the election. The resolution may
provide
for the terms of office and for staggered terms. If a
village's
regular or special election is held in conjunction with
another
election conducted by a township, the village shall pay the
township
a proportionate share of the election expenses. If a
village's
regular or special election is not held in conjunction
with
another election conducted by a township, the village shall
pay
the township 100% of the actual costs of conducting the
village's
regular or special election. The township shall make
voting
equipment available to a village if the village conducts an
election.
If the village is located in more than 1 township, the
township
with the largest number of village electors shall furnish
the
voting equipment.
(6) (8)
A resolution permitted under this
section or section
642a
is valid only if a city council or village council adopts the
resolution in compliance with all of the following:
(a) The resolution is adopted before 1 of the following:
(i) If the resolution is permitted under subsection (2), (3),
or
(4), (5), or (7), January 1,
2005.
(ii) If the resolution is permitted under section
642a(1), or
(2), or (4), January 1 of the year in which the change in the date
of the election takes effect.
(b) Before adopting the resolution, the council holds at least
1 public hearing on the resolution. The public hearing may be held
on the same day and immediately before considering the adoption of
the resolution.
(c) The council gives notice of each public hearing on the
resolution in a manner designed to reach the largest number of the
jurisdiction's qualified electors in a timely fashion.
(d) The council votes on the resolution and, on a record roll
call vote, a majority of the council's board members, elected or
appointed, and serving, adopt the resolution.
(e) The council files the resolution with the secretary of
state.
Sec. 642a. (1) After December 31, 2004, a city council that
adopted a resolution so that its regular election is held on the
May regular election date may change its regular election to the
odd year general election by adopting a resolution in compliance
with section 642. If a city council adopts the resolution in
compliance with section 642 to hold its regular election at the odd
year general election, after December 31 of the year in which the
resolution is adopted, the city's regular election is at the odd
year general election.
(2) After December 31, 2004, a city council that holds its
regular election for city offices annually or in the even year on
the November regular election date may change its regular election
schedule to the odd year general election and the odd year primary
election by adopting a resolution in compliance with section 642.
If a city council adopts the resolution in compliance with section
642, the city's regular election is at the odd year general
election and its primary is at the odd year primary election.
(3) After December 31, 2010, a city that adopted a resolution
so that its regular election primary is held at the September
election shall hold its regular election primary at the odd year
primary election.
(4)
After December 31, 2004, a village council that adopted a
resolution
so that its regular election is held on the September
election
date may change its regular election to the November
regular
election date by adopting a resolution in compliance with
section
642. If a village council adopts the resolution in
compliance
with section 642 to hold its regular election at the
November
regular election date, after December 31 of the year in
which
the resolution is adopted, the village's regular election is
at
the November regular election date.
(4) After December 31, 2011, a city that holds its regular
election for city offices annually or in the odd year on the
November regular election date may change its regular election
schedule to the even year general election and the even year
primary election by adopting a resolution in compliance with
section 642. If a city council adopts the resolution in compliance
with section 642, after December 31 of the year in which the
resolution is adopted, the city's regular election is at the even
year general election and its primary is at the even year primary
election.
(5) After December 31, 2012, a village that adopted a
resolution so that its regular election is held at the September
election shall hold its regular election at the general November
election.
Enacting section 1. Section 500f of the Michigan election law,
1954 PA 116, MCL 168.500f, is repealed.
