HB-4821, As Passed House, June 19, 2003

HOUSE BILL No. 4821

(As amended June 19, 2003)

June 10, 2003, Introduced by Reps. DeRoche, Hummel, Farhat, Garfield, Drolet, Hoogendyk, Amos, Casperson, Emmons, Wenke, Tabor, Palsrok, Sheen, Stahl, Vander Veen, Acciavatti, LaJoy, Steil, Walker, Pastor, Stakoe, Voorhees, Taub, Ward, Ruth Johnson, Rocca, Kooiman, Robertson, Moolenaar and Richardville and referred to the Committee on Local Government and Urban Policy.

                                                                             A bill to amend 1954 PA 116, entitled                                             

"Michigan election law,"                                                    

by amending section 641 (MCL 168.641).                                      

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 641.  (1)  An election which shall be known and                        

2   designated as the "general November election" shall be held in              

3   this state on the Tuesday succeeding the first Monday of November           

4   in every even numbered year. Except as otherwise provided in               

5   this section and sections 642 [and 642a], beginning                         

6   January 1, 2005, an election held under this act shall be held on           

7   1 of the following regular election dates:                                  

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

9   Tuesday in February.                                                        

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

11  after the first Monday in May.                                              

House Bill No. 4821 as amended June 19, 2003   (1 of 2)

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

2   Tuesday after the first Monday in August.                                   

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

4   Tuesday after the first Monday in November.                                 

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

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

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

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

9   August regular election date.                                               

10      (3) Except as otherwise provided in this subsection, a                      

11  special election shall be held on a regular election date.  A               

12  special election called by the governor under section 145, 178,             

13  370, 632, 633, or 634 to fill a vacancy or called by the                    

14  legislature to submit a proposed constitutional amendment as                

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

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

17  election date. [For a school district to call a special election to submit a ballot question to borrow money, increase a millage, or establish a bond, the school district shall file with the county clerk a petition 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.  The petition shall be filed with the county clerk by 4 p.m. of the tenth Tuesday before the proposed date of the special election.  The school district shall obtain the petition signatures 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 after a regular election date as provided in subsection (1).  A school district may only call 1 special election in each calendar year.]

18      (4) The secretary of state shall direct and supervise the                   

19  consolidation of all elections held under this act.

20      Enacting section 1.  This amendatory act takes effect                       

21  January 1, 2005.                                                            

22      Enacting section 2.  This amendatory act does not take                      

23  effect unless all of the following bills of the 92nd Legislature            

24  are enacted into law:                                                       

25      (a) Senate Bill No._____ or House Bill No.  4820  (request                  

26  no. 01918'03 *).                                                            

27      (b) Senate Bill No. _____ or House Bill No. 4822 (request                   

1   no. 01919'03 a *).                                                          

2       (c) Senate Bill No. _____ or House Bill No. 4823  (request                  

3   no. 01919'03 b *).                                                          

4       (d) Senate Bill No. _____ or House Bill No. 4824  (request                  

5   no. 01920'03 *).                                                            

6       (e) Senate Bill No. _____ or House Bill No. 4825 (request                   

7   no. 01920'03 a *).                                                          

8       (f) Senate Bill No. _____ or House Bill No. 4826  (request                  

9   no. 01920'03 b *).                                                          

10      (g) Senate Bill No. _____ or House Bill No. 4827  (request                  

11  no. 01920'03 c *).                                                          

12      (h) Senate Bill No. _____ or House Bill No. 4828  (request                  

13  no. 01921'03 *).