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.