June 8, 2017, Introduced by Rep. Moss and referred to the Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 23, 24e, 24f, 24h, 28, 821, and 830 (MCL
168.23, 168.24e, 168.24f, 168.24h, 168.28, 168.821, and 168.830),
section 23 as amended by 2012 PA 417, sections 24f and 24h as
amended by 1982 PA 154, and section 821 as amended by 2003 PA 302.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 23. (1) The chief or only judge of probate of the county
or probate court district, the county clerk, and the county
treasurer shall constitute a board of county election commissioners
for
each county. , 2 of whom shall be a quorum for the transaction
of
business. The chief or only judge
of probate of the county or
probate court district and the county clerk shall act respectively
as chairperson and secretary of the board. In the absence or
disqualification of the county clerk from any meeting of the board
of county election commissioners, the board may select 1 of the
county clerk's deputies to act in the county clerk's place. In the
absence or disqualification of any member of the board of county
election commissioners other than the county clerk, the members of
the
board who are present shall appoint some other county officer
the county prosecuting attorney or county sheriff in the absent or
disqualified member's place, and the appointed county officer, on
being notified, shall attend without delay and act as a member of
the board.
(2) If a member of the board is involved in the recall of an
officer, either by assisting in the preparation of the petition for
recall or by being an officer whose recall is sought, then the
member
of the board shall be is disqualified with respect to any
determination
under section 952 and shall must
be replaced as
provided in this section.
Sec. 24e. (1) The board shall meet as necessary to transact
their business, and during the month of January in each even
numbered
year elect one 1 of their members chairman chairperson and
one
1 as vice-chairman. vice-chairperson. Any 3 members shall
constitute
a quorum, but no action shall become becomes effective
unless 1 member from each political party represented concurs
therein.in the action.
(2) The
county clerk shall be is the clerk of the board of
county
canvassers. The board of county canvassers may employ such
any
assistants as are necessary to adequately
to perform the duties
of
the board. , and the The payment for the
assistants shall must
be
in amounts authorized by the board of county canvassers county
clerk
and shall must be
paid from an appropriation made for that
purpose
by the county board of supervisors prior to commissioners
before the canvass.
Sec. 24f. (1) In counties having a population of 475,000 or
more
but less than 1,500,000, 1,000,000,
the members of the board
of
county canvassers shall must
receive actual and necessary
expenses incurred in the performance of their official duties, and
in
addition shall must be paid at a rate which is equal to the per
diem rate paid to the county board of commissioners for meetings,
or which is equal to 1/2% of the annual salary paid to members of
the county board of commissioners, whichever is greater. Payments
for
meetings and reimbursement of expenses shall must be
paid by
the county treasurer upon the warrant of the county clerk.
(2) In counties having a population of less than 475,000, the
members
of the board of county canvassers shall must receive actual
and necessary expenses incurred in the performance of their
official
duties, and in addition shall must
be paid the same daily
rate as is paid the members of the county board of commissioners
for meetings. Payments for meetings and reimbursement of expenses
shall
must be paid by the county treasurer upon the warrant of
the
county clerk.
Sec.
24h. In counties having a population of 1,500,000
1,000,000 or more, the members of the board of county canvassers
shall
must receive actual and necessary expenses incurred in
the
performance
of their official duties, and in addition shall must be
paid a daily rate of $25.00 for meetings and $50.00 for recounts.
Payments for meetings, recounts, and reimbursement of expenses
shall
must be paid by the county treasurer upon the warrant of
the
county clerk.
Sec. 28. Members of the various boards of election
commissioners
and boards of canvassers and any other person charged
with duties in connection with the conduct of primaries, elections,
canvassing
of returns, and recounts shall must receive
such
compensation
as shall be is determined by the legislative body of
the
this state, the
county, the city, the township, or the village,
as
the case may be.applicable.
Sec.
821. (1) The Except as
provided in subsection (2), the
board of county canvassers shall meet at the office of the county
clerk
at 1 p.m. 9 a.m. on the day Thursday after the day of a
general
election, August primary, or presidential primary election,
or
other election held 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 an 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.
Sec.
830. Each county canvasser and county clerk shall must
receive
such reasonable compensation for services performed
pursuant
to the provisions of under this act as shall be are
allowed
by the county board of supervisors or county auditors,
commissioners,
which compensation shall must be
paid out of the
treasury of the county.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.