Bill Text: MI SB1196 | 2025-2026 | 103rd Legislature | Introduced
Bill Title: Counties: employees and officers; appointment of vacant county office; modify. Amends secs. 205 & 209 of 1954 PA 116 (MCL 168.205 & 168.209). TIE BAR WITH: SB 1195'26
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-10-01 - Referred To Committee On Local Government [SB1196 Detail]
Download: Michigan-2025-SB1196-Introduced.html
SENATE BILL NO. 1196
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 205 and 209 (MCL 168.205 and 168.209), section 209 as amended by 2014 PA 94.
the people of the state of michigan enact:
Sec. 205. (1) Any person duly Except as otherwise provided in this subsection and subsection (2), an individual elected to any of the county offices named in section 200 of this act who desires to resign shall file a written notice containing the effective date of such the resignation with the presiding or senior judge of probate, the county clerk, and the prosecuting attorney of said the county. : Provided, That if If the county in which the individual who desires to resign has an elected county executive, the individual who desires to resign shall file a written notice containing the effective date of the resignation with the county executive, the county clerk, and the prosecuting attorney of the county.
(2) If the county clerk or the prosecuting attorney desires to resign, he the county clerk or prosecuting attorney shall file a written notice containing the effective date of such the resignation with the presiding judge of that judicial circuit.
Sec. 209. (1) If a vacancy occurs in an elective or appointive county office, it shall the vacancy must be filled in the following manner:
(a) (1) If the vacancy is in the office of county clerk or prosecuting attorney, it shall the vacancy must be filled by appointment by the judge or judges of that judicial circuit.
(b) (2) If Except as otherwise provided in this subdivision, if the vacancy is in any other county office other than the office of county clerk or prosecuting attorney, the presiding or senior judge of probate, the county clerk, and the prosecuting attorney shall appoint a suitable person individual to fill the vacancy. If the vacancy is in any other county office other than the office of county clerk or prosecuting attorney and the county in which the vacancy occurs has an elected county executive, the county executive, the county clerk, and the prosecuting attorney shall appoint a suitable individual to fill the vacancy.
(2) (3) A person An individual appointed shall take and subscribe to the oath as provided in section 1 of article XI of the state constitution of 1963, 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, if the vacancy occurs more than 7 days before the nominating petition filing deadline as provided in section 193 for the general November election that is not the general November election at which a successor in office would be elected if there were no vacancy, the person individual 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 Senate Bill No. 1195 of the 103rd Legislature is enacted into law.
