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SB-0513, As Passed Senate, June 1, 2005

SUBSTITUTE FOR

SENATE BILL NO. 513

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 301, 302, 312, 370, 381, 498, 641, 642a, 653a,

699, and 963 (MCL 168.301, 168.302, 168.312, 168.370, 168.381,

168.498, 168.641, 168.642a, 168.653a, 168.699, and 168.963),

section 301 as amended by 2004 PA 286, sections 302 and 312 as

added and sections 370 and 963 as amended by 2003 PA 302, section

381 as amended by 2004 PA 290, section 498 as amended by 1984 PA

89, section 641 as amended by 2003 PA 298, section 642a as amended

by 2004 PA 294, section 653a as added by 1982 PA 2, and section 699

as amended by 2004 PA 297.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 301. (1) Unless a particular power or duty of an election

official or a particular election procedure is specifically

governed by a provision of this chapter, a school district election

is governed by the provisions of this act that generally govern

elections.

(2) Except as provided in section 305, the school district

election coordinator for a school district shall conduct each

regular election and each special election that is requested by the

school board to submit a ballot question or to fill a vacancy on

the school board. In addition to receiving requests from the school

board to hold special elections, the school district election

coordinator shall do all of the following:

(a) Receive filing fees or nominating petitions and affidavits

of identity from candidates for school board and petitions for

special elections.

(b) Procure the necessary qualified voter file precinct lists.

(d) Receive ballot proposal language.

(e) Issue absent voter ballots.

(3) A school district election coordinator who is a county

clerk may delegate, if the city or township clerk agrees, all or a

portion of the school district election coordinator's duties to

that city or township clerk. The school district election

coordinator shall not delegate duties to any person not named in

this section.

(4) A school district election coordinator who is a county

clerk may delegate the following duties to the city or township

clerk, who shall perform the following duties:

(a) Distribute, receive, and process absent voter ballot

applications for a school election.

(b) Make voting systems available for the conduct of a school

election.

the list of election inspectors for that city or township.

(d) Notify school district electors of precinct and polling

place location changes.

(5) If the county clerk is the school district election

coordinator for a school district, the county election commission

shall establish that school district's election precincts and

polling place locations in accordance with this act.

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. 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. 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 regular election

date, July 1 immediately following the election.

Sec. 312. (1) A school board may submit a ballot question to

the school electors on a regular election date, on a date when a

city or township within the school district's jurisdiction is

holding an election by adopting a resolution to that effect not

~~less than 70 days before the election date~~ later than the time

permitted for certification under section 646a(2), or on a special

election date as provided in section 641(4). The school board shall

certify the ballot question language to the school district

election coordinator not ~~less than 70 days before the election~~

~~date~~ later than the time permitted for certification under section

646a(2). If the ballot question is submitted on the same date as an

election for a state or county office, the school district election

coordinator shall send a copy of the ballot question language to

the county clerk of each county not less than 68 days before the

election.

(2) If a special election is called on a date provided under

section 641(4), the school district election coordinating committee

shall schedule the special election date.

Sec. 370. (1) Except as provided in subsection (2), if a

vacancy occurs in an elective or appointive township office, the

vacancy shall be filled by appointment by the township board, and

the person appointed shall hold the office for the remainder of the

unexpired term.

(2) If 1 or more vacancies occur in an elective township

office that cause the number of members serving on the township

board to be less than the minimum number of board members that is

required to constitute a quorum for the transaction of business by

the board, the board of county election commissioners shall make

temporary appointment of the number of members required to

constitute a quorum for the transaction of business by the township

board. An official appointed under this subsection shall hold the

office only until the official's successor is elected or appointed

and qualified. An official who is temporarily appointed under this

subsection shall not vote on the appointment of himself or herself

to an elective or appointive township office.

(3) If a township official submits a written resignation from

an elective township office, for circumstances other than a

resignation related to a recall election, that specifies a date and

time when the resignation is effective, the township board, within

30 days before that effective date and time, may appoint a person

to fill the vacancy at the effective date and time of the

resignation. The resigning official shall not vote on the

appointment.

(4) Except as provided in subsection (5), if the township

board does not make an appointment under subsection (3), or if a

vacancy occurs in an elective township office and the vacancy is

not filled by the township board or the board of county election

commissioners within 45 days after the beginning of the vacancy,

the county clerk of the county in which the township is located

shall ~~notify the governor of the fact~~ call a special election

within 5 calendar days to fill the vacancy. ~~The governor shall~~

~~call a special election to fill the vacancy. The governor shall~~

~~provide for the date for the filing of the petitions, and that date~~

~~shall also be the last date to register for the special primary~~

~~election.~~ Not later than 4 p.m. on the fifteenth calendar day

after the county clerk calls a special election pursuant to this

section, the township party committee for each political party in

the township shall submit a nominee to fill the vacancy. The

special election shall be held on the next regular election date

that is not less than 60 days after the deadline for submitting

nominees under this section or 70 days after the deadline for

submitting nominees under this section if the next regular election

date is the even year August primary or the general November

election. Notice of the special election shall be given in the same

manner required by section 653a. A special ~~primary or~~ election

called ~~by the governor~~ under ~~authority of~~ this section does not

affect the rights of a qualified elector to register for any other

election. A person elected to fill a vacancy shall serve for the

remainder of the unexpired term.

(5) Subsection (4) does not apply to the office of township

constable. If a vacancy occurs in the office of township constable,

the township board shall determine if and when the vacancy shall be

filled by appointment. If the township board does not fill the

vacancy by appointment, the office of township constable shall

remain vacant until the next general or special election in which

township offices are filled.

Sec. 381. (1) Except as provided in subsection (2) 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.

(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 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. 498. (1) The governing body of a township, city, or

village may provide by resolution that in that township, city, or

village the clerk shall be at the clerk's office, or in some other

convenient place designated by the clerk, during the hours

designated by the governing body on the thirtieth day preceding an

election or primary election in the township, city, or village,

unless the thirtieth day falls on a Saturday, Sunday, or legal

holiday, in which event registration shall be accepted during the

same hours on the following day.

(2) In a township, city, or village in which the clerk does

not maintain regular daily office hours, the township board or the

legislative body of the city or village may require that the clerk

of the township, city, or village shall be at the clerk's office or

other designated place for the purpose of receiving applications

for registration on the days which the board or legislative body

designates, but not more than 5 days before the last day for

registration.

(3) The clerk of each township, city, and village shall give

public notice of the days and hours that the clerk will be at the

clerk's office or other designated place for the purpose of

receiving registrations before an election or primary election by

publication of the notice, except as provided in subsection (4) and

section 497(2), at least twice in a newspaper published or of

general circulation in the township, city, or village and, if

considered advisable by the township, city, or village clerk, by

posting written or printed notices in at least 2 of the most

conspicuous places in each election precinct. Except as provided in

subsection (4), ~~and except for a notice of registration for a~~

~~special election held pursuant to section 640,~~ the first

publication or posting shall be made not less than 10 days before

the last day for receiving registrations. ~~If the notice of~~

~~registration is for a special election for purposes of voting upon~~

~~a proposal,~~ ~~other than a special election held pursuant to section~~

~~640, the proposal as it will appear on the ballot shall be stated~~

~~in the notice.~~ If the notice of registration is for an election

that includes a ballot proposal, a caption or brief description of

the ballot proposal shall be stated in the notice.

(4) Notice of registration for a school millage election that

will be held pursuant to section 36 of the general property tax

act, ~~Act No. 206 of the Public Acts of 1893, as amended, being~~

~~section 211.36 of the Michigan Compiled Laws~~ 1893 PA 206, MCL

211.36, shall be required to be published only once and shall be

made not less than 5 days before the last day for receiving

registrations as provided in section 497a.

(5) A county clerk may enter into an agreement with the clerk

of 1 or more townships or cities in the county or the clerks of 1

or more cities or townships in a county may enter into an agreement

to jointly publish the notice required in subsection (3). The

notice shall be published in a newspaper of general circulation in

the cities and townships listed in the notice.

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

sections 642 and 642a, beginning January 1, 2005, 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.

Tuesday after the first Monday in August.

(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 special election shall be held on a regular

election date. A special election called by the governor under

section 145, 178, ~~370,~~ 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 ~~tenth~~ 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.

submitted at the special elections.

(d) Information about voter turnout, including the percentage

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

(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. 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, 2004, a city council that adopted a

resolution so that its regular election primary is held at the

September primary election may change its regular election primary

to 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 to hold its regular

election primary on the odd year primary election date, after

December 31 of the year in which the resolution is adopted, the

city's regular election primary is on the odd year primary election

date.

(4) After December 31, 2004, a school district's school board

that adopted a resolution so that its regular election is held on a

date other than at the odd year general election may change its

regular election to the odd year general election, the general

November election, the November regular election date in both even

and odd years, or the odd year May regular election date by

adopting a resolution in compliance with section 642. If a school

board adopts the resolution in compliance with section 642 to hold

its regular election at the odd year general election, the general

November election, the November regular election date in both even

and odd years, or the odd year May regular election date, after

December 31 of the year in which the resolution is adopted, the

school board's school district shall hold its regular election at

on the ~~odd year general~~ election date adopted in the resolution.

(5) After December 31, 2004, a village council that adopted a

resolution so that its regular election is held on the September

primary 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.

~~(6) This section takes effect September 1, 2004.~~

Sec. 653a. (1) On receipt of the notice from the county clerk

pursuant to section 652, the clerk of each city and township shall

give notice of the time and place at which the election is to be

held, the offices to be filled, and the proposals to be submitted

to the voters. ~~If the notice pertains to a special election for~~

~~the purpose of voting upon a proposal, the proposal, as it will~~

~~appear on the ballot, shall be contained in the notice.~~ The notice

shall be published at least twice in a newspaper published, or of

general circulation, in the city or township. A caption or brief

description of the proposal or proposals shall be included in the

first published notice. If the election includes a statewide ballot

proposal, a caption or brief description of the statewide ballot

proposal shall also be included in the second published notice. If

the election pertains to a special election for the purpose of

voting upon a proposal, or the election includes a local ballot

proposal, the entire proposal as it will appear on the ballot shall

be included in the second published notice. The first publication

shall be not less than 10 days before the election. The notice

shall be in substantially the following form:

ELECTION NOTICE

To the qualified electors of the city or township ____________________

notice is hereby given that a ________________________________________

(indicate whether regular, special, or primary)

election will be held in _________________________________ on ______

(date)

from 7 a.m. to 8 p.m. for the purpose of nominating or electing

candidates for the following offices: ____________________________

(list of offices)

and to vote on the following proposals:___________________________

(list all proposals to be submitted to voters)

List of polling place locations: _________________________________.

__________________________________

(clerk)

(2) A county clerk may enter into an agreement with the clerk

of 1 or more townships or cities in the county or the clerks of 1

or more cities or townships in a county may enter into an agreement

to jointly publish the notice in subsection (1). The notice shall

be published in a newspaper of general circulation in the cities

and townships listed in the notice. If certain offices or proposals

are to be voted on in less than all of the precincts, the notice

shall specify the townships or cities that shall vote on only those

offices or proposals.

Sec. 699. At ~~the general November~~ any regular election, the

names of the several nonpartisan offices to be voted for shall be

placed on a separate portion of the ballot containing no party

designation in the following order: justices of the supreme court,

judges of the court of appeals, judges of the circuit court, judges

of the probate court, judges of the district court, city officers,

the following village officers in substantially the following order

in the year in which elections for the offices are held: president,

clerk, treasurer, and trustees, and in a year in which an election

for the office is held, local school district board member,

community college board of trustees member, intermediate school

district board member, and district library board member.

Sec. 963. (1) Within 35 days after the filing of the recall

petition, the filing official with whom the recall petition is

filed shall make an official declaration of the sufficiency or

insufficiency of the petition. If the recall petition is determined

to be insufficient, the filing official shall notify the person or

organization sponsoring the recall of the insufficiency of the

petition. It is not necessary to give notification unless the

person or organization sponsoring the recall files with the filing

official a written notice of sponsorship and a mailing address.

(2) Immediately upon determining that the petition is

sufficient, but not later than 35 days after the date of filing of

the petition, the county clerk with whom the petition is filed

shall call the special election to determine whether the electors

will recall the officer whose recall is sought. The election shall

be held on the next regular election date that is not less than 70

95 days after the date the petition is filed.

(3) If a petition is filed under section 959, the filing

official with whom the petition is filed shall call the special

election. The election shall be held on the next regular election

date that is not less than 70 95 days after the petition is

filed.