Bill Text: MI SB0888 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Elections; scheduling; elections to be held only in August and November; provide for. Amends secs. 4, 302, 321, 322, 381, 641, 644e, 644g, 646a & 821 of 1954 PA 116 (MCL 168.4 et seq.) & repeals secs. 500f, 642 & 642a of 1954 PA 116 (MCL 168.500f et seq.).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-10-08 - Referred To Committee On Campaign And Election Oversight [SB0888 Detail]

Download: Michigan-2009-SB0888-Introduced.html

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SENATE BILL No. 888

 

 

October 8, 2009, Introduced by Senator SWITALSKI and referred to the Committee on Campaign and Election Oversight.

 

 

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 4, 302, 321, 322, 381, 641, 644e, 644g, 646a,

 

and 821 (MCL 168.4, 168.302, 168.321, 168.322, 168.381, 168.641,

 

168.644e, 168.644g, 168.646a, and 168.821), sections 4, 321, 322,

 

644e, and 821 as amended by 2003 PA 302, sections 302 and 641 as

 

amended by 2005 PA 71, section 381 as amended by 2006 PA 122,

 

section 644g as amended by 2004 PA 293, and section 646a as amended

 

by 2006 PA 647; 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 primary election" means the primary election,

 

or for a village that holds its regular election for a village

 

office in September, the regular election, held on the first

 

Tuesday after the second Monday in September in an odd year.

 

     (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. 302. An individual is eligible for election as a school

 

board member if the individual is a citizen of the United States

 

and is a qualified and registered elector of the school district

 

the individual seeks to represent by the filing deadline. At least

 

1 school board member for a school district shall be elected at

 

each of the school district's regular elections held as provided in

 

section 642 or 642a 641. Except as otherwise provided in this

 

section or section 310 or 644g, a school board member's term of

 

office is prescribed by the applicable provision of section 11a,

 

617, 701, or 703 of the revised school code, 1976 PA 451, MCL

 

380.11a, 380.617, 380.701, and 380.703, or section 34, 34a, 41, 54,

 

or 83 of the community college act of 1966, 1966 PA 331, MCL

 

389.34, 389.34a, 389.41, 389.54, and 389.83. Except as provided in

 

section 302a, if a ballot question changing the number of school

 

board members or changing the terms of office for school board

 

members pursuant to section 11a of the revised school code, 1976 PA

 

451, MCL 380.11a, is proposed and a school district needs a

 

temporary variance from the terms of office provisions in this act

 

and the revised school code, 1976 PA 451, MCL 380.1 to 380.1852, to

 

phase in or out school board members' terms of office, the school

 

board shall submit the proposed ballot question language and a

 

proposed transition plan to the secretary of state at least 30 days

 

before the school board submits the ballot question language to the

 

school district election coordinator pursuant to section 312. The

 

secretary of state shall approve or reject the proposed transition

 

plan within 10 business days of receipt of the proposed transition

 

plan. The secretary of state shall approve the proposed transition

 

plan if the plan provides only temporary relief to the school

 

district from the terms of office provisions in this act and the

 

revised school code, 1976 PA 451, MCL 380.1 to 380.1852, until such

 

time that the terms of office for school board members can be made

 

to comply with this act and the revised school code, 1976 PA 451,

 

MCL 380.1 to 380.1852. The school board shall not submit the

 

proposed ballot question language to the school district election

 

coordinator pursuant to section 312 until the proposed transition

 

plan is approved by the secretary of state. A school board member's

 

term begins on 1 of the following dates:

 

     (a) If elected at an election held on a November regular

 

election date, January 1 immediately following the election.

 

     (b) If elected at an election held on a May an August regular

 

election date, July 1 October 1 immediately following the election.

 

     Sec. 321. (1) Except as provided in subsection (3) and

 

sections 327 , 641, 642, and 644g, the qualifications, nomination,

 

election, appointment, term of office, and removal from office of a

 

city officer shall be in accordance with the charter provisions

 

governing the city.

 

     (2) Within 3 days after the last day on which a candidate for

 

a city office may withdraw, the city clerk shall deliver to the

 

county clerk of the county in which the city is located a list

 

setting forth the name and address of each candidate for a city

 

office.

 

     (3) If the membership of the legislative body of a city

 

governed by the home rule city act, 1909 PA 279, MCL 117.1 to

 

117.38, is reduced to less than a quorum, unless another method of

 

appointing members of the legislative body is provided by the city

 

charter, members of the legislative body are appointed as provided

 

in this subsection. The board of county election commissioners of

 

the county in which the largest portion of the population of the

 

city resides shall appoint the number of members of the legislative

 

body required to constitute a quorum for the transaction of

 

business by the legislative body. A member of the legislative body

 

appointed under this subsection shall hold the office only until

 

the member's successor is elected and qualified. The successor

 

shall be elected at a special or regular election on the next

 

regular election date that is not less than 60 days after the

 

appointment is made. The successor shall serve for the balance of

 

the unexpired term. A member who is appointed under this subsection

 

shall not vote on the appointment of himself or herself to an

 

elective or appointive city office.

 

     (4) Notwithstanding another provision of law or charter to the

 

contrary, an appointment to an elective or appointive city office

 

made by a quorum constituted by appointments under this section

 

expires upon the election and qualification of a sufficient number

 

of members of the legislative body so that the elected members

 

constitute a quorum.

 

     Sec. 322. For the name of a candidate of a political party for

 

a city office, including a ward office, to appear under the

 

particular party heading on the official primary election ballots

 

for use in the city, a nominating petition shall be filed with the

 

city clerk not later than 4 p.m. on the twelfth Tuesday before the

 

August primary. , or not later than 4 p.m. on the twelfth Tuesday

 

before the September primary election for a city that holds a

 

September primary election. A nominating petition shall be signed

 

by a number of qualified and registered electors of the political

 

party who reside in the city or ward as determined under section

 

544f. This section does not apply to a city if the city charter

 

provides for a different method of nominating candidates for public

 

office. The form of the petition shall be as provided in section

 

544c.

 

     Sec. 381. (1) Except as provided in this section and sections

 

383 , 641, 642, 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.

 

Except as provided in subsection (5), nominating 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. 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 village council adopts a resolution in compliance

 

with section 642(7) to hold its regular election at the September

 

primary election, the nominating petitions for village offices to

 

be filled at the September primary election shall be filed as

 

provided in this subsection. Until January 1, 2006, nominating

 

petitions shall be filed with the village clerk by 4 p.m. on the

 

eighth Tuesday before the September primary election. On and after

 

January 1, 2006, nominating petitions shall be filed with the

 

village clerk by 4 p.m. on the twelfth Tuesday before the September

 

primary 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. 641. (1) Except as otherwise provided in this section and

 

sections 642 and 642a section 613a, beginning January 1, 2005 2011,

 

an election held under this act shall be held on 1 of the following

 

regular election dates:

 

     (a) The February regular election date, which is the fourth

 

Tuesday in February.

 

     (b) The May regular election date, which is the first Tuesday

 

after the first Monday in May.

 

     (a) (c) The August regular election date, which is the first

 

Tuesday after the first Monday in August.

 

     (b) (d) The November regular election date, which is the first

 

Tuesday after the first Monday in November.

 

     (2) If an elective office is listed by name in section 643,

 

requiring the election for that office to be held at the general

 

election, and if candidates for the office are nominated at a

 

primary election, the primary election shall be held on the August

 

regular election date.

 

     (3) Except as otherwise provided in this subsection and

 

subsection (4), a A special election shall be held on a regular

 

election date. A special election called by the governor under

 

section 145, 178, 632, 633, or 634 to fill a vacancy or called by

 

the legislature to submit a proposed constitutional amendment as

 

authorized in section 1 of article XII of the state constitution of

 

1963 may, but is not required to be, held on a regular election

 

date.

 

     (4) A school district may call a special election to submit a

 

ballot question to borrow money, increase a millage, or establish a

 

bond if an initiative petition is filed with the county clerk. The

 

petition shall be signed by a number of qualified and registered

 

electors of the district equal to not less than 10% of the electors

 

voting in the last gubernatorial election in that district or 3,000

 

signatures, whichever number is lesser. Section 488 applies to a

 

petition to call a special election for a school district under

 

this section. In addition to the requirements set forth in section

 

488, the proposed date of the special election shall appear beneath

 

the petition heading, and the petition shall clearly state the

 

amount of the millage increase or the amount of the loan or bond

 

sought and the purpose for the millage increase or the purpose for

 

the loan or bond. The petition shall be filed with the county clerk

 

by 4 p.m. of the twelfth Tuesday before the proposed date of the

 

special election. The petition signatures shall be obtained within

 

60 days before the filing of the petition. Any signatures obtained

 

more than 60 days before the filing of the petition are not valid.

 

If the special election called by the school district is not

 

scheduled to be held on a regular election date as provided in

 

subsection (1), the special election shall be held on a Tuesday. A

 

special election called by a school district under this subsection

 

shall not be held within 30 days before or 35 days after a regular

 

election date as provided in subsection (1). A school district may

 

only call 1 special election pursuant to this subsection in each

 

calendar year.

 

     (5) The secretary of state shall make a report to the house

 

and senate committees that consider election issues by December 1,

 

2006. The secretary of state shall report about the special

 

elections held under this subsection, including, but not limited

 

to, all of the following:

 

     (a) The number of times a special election has been held.

 

     (b) Which school districts have held special elections.

 

     (c) Information about the success rate of the ballot question

 

submitted at the special elections.

 

     (d) Information about voter turnout, including the percentage

 

and number of registered voters who voted in each special election.

 

     (4) If a city, village, or township in which a school district

 

is located does not hold an election on the August regular election

 

date, the school district shall hold its regular school district

 

election on the November regular election date.

 

     (5) (6) The secretary of state shall direct and supervise the

 

consolidation of all elections held under this act.

 

     (7) This section shall be known and may be cited as the

 

"Hammerstrom election consolidation law".

 

     Sec. 644e. Except as provided in section 642, an An officer

 

required to be elected at the odd year general election shall be

 

nominated at the odd year primary election. Subject to section 382,

 

if a charter provides for nomination by caucus or by filing a

 

petition or affidavit directly for the general election, or

 

provides for the election at the primary of a candidate who

 

receives more than 50% of the votes cast for that office, the

 

governing body by ordinance may provide for a caucus date, filing

 

date, or other provisions to the extent necessary to be consistent

 

with the odd year general election requirement of this act and the

 

intent of the charter provisions.

 

     Sec. 644g. (1) A term of office shall not be shortened by the

 

provisions of sections 641 to 644i. An officer scheduled by prior

 

law to be elected at a time other than the odd year general

 

election shall not be elected on the date scheduled but shall

 

continue in office until a successor takes office after being

 

elected in the first odd year general election following that date.

 

If the regular election date for holding a jurisdiction's regular

 

election is changed under section 642 or 642a 641, the term of an

 

official who was elected before the effective date of the change

 

continues until a successor is elected and qualified at the next

 

regular election.

 

     (2) Notwithstanding a law or charter provision to the

 

contrary, an officer required to be elected at the odd year general

 

election, who by law or charter is elected for a term of an odd

 

number of years shall, after September 1, 2004, be elected for a

 

term of 1 year longer than provided by law or charter.

 

     (3) In home rule cities where the charter provides for the

 

election of city officers at a time other than at the odd year

 

general election and provides that members of the governing body

 

are not all to be elected in the same year, the governing body by

 

ordinance adopted prior to April 1, 1971 may alter the length of

 

terms now provided by charter to provide that the city may continue

 

to elect part of the governing body at each election. A term shall

 

not be extended beyond January 1 following the first odd year

 

general election at which the officer would be elected as provided

 

by charter. A term shall not be for more than 4 years.

 

     Sec. 646a. (1) If a local officer is to be elected at a

 

general November election, candidates for the local office shall be

 

nominated in the manner provided by law or charter, subject to

 

sections section 641. and 642. If candidates for the local office

 

are to be nominated at caucuses, the caucuses shall be held on a

 

date before the date set for the primary election or on the

 

Saturday before the day of the primary election as determined by

 

the local legislative body at least 20 days before the date of the

 

caucus. If candidates are nominated by filing petitions or

 

affidavits, they shall be filed at a time provided by charter, but

 

not later than the date of the primary. Except as provided in

 

section 642, the The local primary election shall be held on the

 

same day as a state or county primary election. If a state or

 

county primary is being held on the same day, the last day for

 

local candidates to file nominating petitions is the same as the

 

last date to file petitions for state and county offices. The names

 

of all local candidates and titles of office shall be certified to

 

the county clerk by the local clerk within 5 days after the last

 

day for filing petitions, and certification of nominees shall be

 

made to that clerk within 5 days after the date on which the

 

primary or caucus was held.

 

     (2) If a local, school district, or county ballot question is

 

to be voted on at a regular election date or special election, the

 

ballot wording of the ballot question shall be certified to the

 

local or county clerk at least 70 days before the election. If the

 

wording is certified to a clerk other than the county clerk, the

 

clerk shall certify the ballot wording to the county clerk at least

 

68 days before the election. Petitions to place a county or local

 

ballot question on the ballot at the election shall be filed with

 

the clerk at least 14 days before the date the ballot wording must

 

be certified to the local clerk.

 

     (3) The provisions of this section apply notwithstanding any

 

provisions of law or charter to the contrary, unless an earlier

 

date for the filing of affidavits or petitions, including

 

nominating petitions, is provided in a law or charter, in which

 

case the earlier filing date is controlling.

 

     Sec. 821. (1) The board of county canvassers shall meet at the

 

office of the county clerk at 1 p.m. on the day after the day of a

 

general election, August primary, or presidential primary election

 

in the county. Except as provided in subsection (2), for other

 

elections the board shall meet within 5 days following the

 

election.

 

     (2) If, at an election held on the May regular election date,

 

a ballot question appears on the ballot concerning authorized

 

millage that is subject to a millage reduction as provided in

 

section 34d of the general property tax act, 1893 PA 206, MCL

 

211.34d, the board of county canvassers shall meet to canvass and

 

certify the results of the vote on that proposition after May 31

 

and before June 15 following the election.

 

     Enacting section 1. Sections 500f, 642, and 642a of the

 

Michigan election law, 1954 PA 116, MCL 168.500f, 168.642, and

 

168.642a, are repealed.

 

     Enacting section 2. This amendatory act takes effect January

 

1, 2011.