House Introduced Bill 4104

HOUSE BILL No. 4104

January 28, 1997, Introduced by Reps. Hammerstrom, Dobronski, Jansen and Brackenridge and referred to the Committee on Local Government.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 30a, 500f, 500g, 501a, 505, 509n, 509r,

544c, 639, 644b, 644c, 644k, 862, 863, 954, 963, 971, and 972

(MCL 168.30a, 168.500f, 168.500g, 168.501a, 168.505, 168.509n,

168.509r, 168.544c, 168.639, 168.644b, 168.644c, 168.644k,

168.862, 168.863, 168.954, 168.963, 168.971, and 168.972), sec-

tion 501a as amended by 1995 PA 87, sections 509n and 509r as

added by 1994 PA 441, section 544c as amended by 1993 PA 137,

section 639 as amended by 1985 PA 189, section 963 as amended by

1982 PA 456, and section 972 as amended by 1989 PA 26, and by

adding sections 37 and 641a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 30a. (1) A 4-member board of canvassers is established

2 in every city and township having more than 5 precincts,

00254'97 * KKR
2

1 notwithstanding any statutory or charter provision, or any other

2 rule or law to the contrary. All of the powers granted to and

3 duties required by law to be performed by city and township

4 boards of canvassers are granted to and required to be performed

5 by the boards of city and township canvassers in cities and town-

6 ships having more than 5 precincts. School UNTIL CHAPTER XIV

7 IS IN EFFECT, SCHOOL district elections in cities of over 5 pre-

8 cincts which are held in conjunction with the city elections

9 shall be canvassed by the city board of canvassers. Members of

10 the board OF CANVASSERS shall be appointed for terms of 4 years

11 beginning January 1 next following their appointment. Of the

12 members first appointed, 1 member of each of the political par-

13 ties represented on the canvassing board shall be appointed for a

14 term ending December 31, 1967, and 1 for a term ending December

15 31, 1965. Members of the board OF CANVASSERS shall be notified

16 of their appointment within 5 days thereafter AFTER APPOINTMENT

17 by their city or township clerk.

18 (2) The city council or the township board of any city or

19 township having more than 5 precincts may contract with the board

20 of supervisors COMMISSIONERS of the county in which all or the

21 greater portion of the city or township's population resides to

22 provide that the board of county canvassers of that county shall

23 perform all the functions of the board of city or township

24 canvassers. Financial arrangements of such a contract may pro-

25 vide that the city or township shall bear all or part of cost of

26 such work.

00254'97 *
3

1 SEC. 37. (1) THE ELECTION CONSOLIDATION COMMISSION IS

2 CREATED WITHIN THE DEPARTMENT OF STATE.

3 (2) THE COMMISSION SHALL CONSIST OF THE FOLLOWING 10

4 MEMBERS:

5 (A) ONE MEMBER APPOINTED BY THE SPEAKER OF THE HOUSE OF

6 REPRESENTATIVES.

7 (B) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE HOUSE

8 OF REPRESENTATIVES.

9 (C) ONE MEMBER APPOINTED BY THE MAJORITY LEADER OF THE

10 SENATE.

11 (D) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE

12 SENATE.

13 (E) ONE MEMBER WHO IS THE SECRETARY OF A SCHOOL BOARD

14 APPOINTED BY THE GOVERNOR.

15 (F) ONE MEMBER WHO IS A CITY OR VILLAGE CLERK APPOINTED BY

16 THE GOVERNOR.

17 (G) ONE MEMBER WHO IS A TOWNSHIP CLERK APPOINTED BY THE

18 GOVERNOR.

19 (H) ONE MEMBER WHO IS A COUNTY CLERK APPOINTED BY THE

20 GOVERNOR.

21 (I) ONE MEMBER WHO IS A JUDGE APPOINTED BY THE GOVERNOR.

22 (J) THE SECRETARY OF STATE OR HIS OR HER DESIGNEE.

23 (3) THE MEMBERS FIRST APPOINTED TO THE COMMISSION SHALL BE

24 APPOINTED WITHIN 60 DAYS AFTER THE EFFECTIVE DATE OF THIS

25 SECTION.

26 (4) MEMBERS OF THE COMMISSION SHALL SERVE UNTIL DECEMBER 31,

27 2000.

00254'97 *
4

1 (5) IF A VACANCY OCCURS ON THE COMMISSION, THE PERSON MAKING

2 THE APPOINTMENT IN SUBSECTION (2) SHALL MAKE AN APPOINTMENT FOR

3 THE UNEXPIRED TERM IN THE SAME MANNER AS THE ORIGINAL

4 APPOINTMENT.

5 (6) THE PERSON MAKING THE APPOINTMENT IN SUBSECTION (2) MAY

6 REMOVE A MEMBER OF THE COMMISSION HE OR SHE APPOINTED TO THE COM-

7 MISSION FOR INCOMPETENCY, DERELICTION OF DUTY, MALFEASANCE, MIS-

8 FEASANCE, OR NONFEASANCE IN OFFICE, OR ANY OTHER GOOD CAUSE.

9 (7) THE FIRST MEETING OF THE COMMISSION SHALL BE CALLED

10 WITHIN 90 DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. AT THE

11 FIRST MEETING, THE COMMISSION SHALL ELECT FROM AMONG ITS MEMBERS

12 A CHAIRPERSON AND OTHER OFFICERS AS IT CONSIDERS NECESSARY OR

13 APPROPRIATE. AFTER THE FIRST MEETING, THE COMMISSION SHALL MEET

14 AT THE CALL OF THE CHAIRPERSON OR IF REQUESTED BY 5 OR MORE

15 MEMBERS.

16 (8) A MAJORITY OF THE MEMBERS OF THE COMMISSION CONSTITUTE A

17 QUORUM FOR THE TRANSACTION OF BUSINESS AT A MEETING OF THE

18 COMMISSION. SEVEN MEMBERS ARE REQUIRED FOR OFFICIAL ACTION OF

19 THE COMMISSION.

20 (9) THE BUSINESS THAT THE COMMISSION MAY PERFORM SHALL BE

21 CONDUCTED AT A PUBLIC MEETING OF THE COMMISSION HELD IN COMPLI-

22 ANCE WITH THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO

23 15.275.

24 (10) A WRITING PREPARED, OWNED, USED, IN THE POSSESSION OF,

25 OR RETAINED BY THE COMMISSION IN THE PERFORMANCE OF AN OFFICIAL

26 FUNCTION IS SUBJECT TO THE FREEDOM OF INFORMATION ACT, 1976 PA

27 442, MCL 15.231 TO 15.246.

00254'97 *
5

1 (11) MEMBERS OF THE COMMISSION SHALL SERVE WITHOUT

2 COMPENSATION. HOWEVER, MEMBERS OF THE COMMISSION MAY BE REIM-

3 BURSED FOR THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE

4 PERFORMANCE OF THEIR OFFICIAL DUTIES AS MEMBERS OF THE

5 COMMISSION.

6 (12) THE COMMISSION SHALL DO ALL OF THE FOLLOWING:

7 (A) DEVELOP RECOMMENDATIONS TO RESOLVE ISSUES RELATING TO

8 ELECTION CONSOLIDATION SUBMITTED TO THE COMMISSION BY THE DIREC-

9 TOR OF ELECTIONS AT THE FIRST MEETING OF THE COMMISSION.

10 (B) DEVELOP RECOMMENDATIONS TO RESOLVE ALL OTHER ISSUES THE

11 COMMISSION IS AWARE OF THAT ARE NECESSARY TO THE PROPER IMPLEMEN-

12 TATION OF ELECTION CONSOLIDATION.

13 (C) SUBMIT THE RECOMMENDATIONS DEVELOPED UNDER SUBDIVISIONS

14 (A) AND (B) TO THE GOVERNOR, THE CHAIR OF THE HOUSE AND SENATE

15 COMMITTEES RESPONSIBLE FOR ELECTION LEGISLATION, THE CLERK OF THE

16 HOUSE, AND THE SECRETARY OF SENATE ON OR BEFORE DECEMBER 30,

17 1997.

18 Sec. 500f. The clerk of a township shall transmit to the

19 village clerk of a village, the whole or part of which lies in

20 the township, information necessary to complete the village reg-

21 istration of a person registered under sections 500a to 500j.

22 The UNTIL CHAPTER XIV IS IN EFFECT, THE clerk of a city or

23 township shall transmit to the secretary of a school district,

24 where applicable, the information on the application of a person

25 residing within the school district and registered under sections

26 500a to 500j.

00254'97 *
6

1 Sec. 500g. A registration card prepared under sections 500a

2 to 500j shall be sworn to and signed by the voter at the first

3 election during which the voter appears at the polls, or may be

4 signed in the CLERK'S OFFICE OR, UNTIL CHAPTER XIV IS IN EFFECT,

5 IN THE office of the secretary of the school district. or in the

6 clerk's office. The application shall be retained by the city or

7 township clerk for signature purposes until the registration card

8 is signed, except that the application shall be sent to the

9 appropriate precinct for each election until the registration

10 card is signed. The secretary of state may provide an applica-

11 tion form which THAT allows a completed affidavit to be

12 attached to a registration card prepared by a local clerk. The

13 registrant shall not be required to sign a registration card if

14 the completed affidavit is attached.

15 Sec. 501a. The BOARD OF election commission COMMISSIONERS

16 of a city, village, or township may authorize the clerk of the

17 city, village, or township to create a registration list. The

18 registration list shall be alphabetically arranged and shall con-

19 tain the name of each registered elector in a precinct. The name

20 shall be followed by the address and date of birth of the

21 elector. The BOARD OF election commission COMMISSIONERS may

22 also provide that the registration list may be used instead of

23 the precinct registration file when this act provides for the use

24 of a precinct registration file. A UNTIL CHAPTER XIV IS IN

25 EFFECT, A school district or an intermediate school district may

26 also use a registration list instead of the precinct registration

27 file when a precinct registration file is required. A city,

00254'97 *
7

1 village, or township shall maintain a file containing the

2 signature of each elector registered in the city, village, or

3 township.

4 Sec. 505. (1) At the time an elector is applying for regis-

5 tration, the registration officer shall ascertain if the elector

6 is already registered as a voter. If the elector is previously

7 registered, the elector shall at the time of applying for regis-

8 tration sign an authorization to cancel any previous

9 registration. The secretary of state shall prescribe forms for

10 this purpose. The form may be a part of the application or a

11 separate form. The clerk of the city or township in which the

12 elector is newly registered shall notify the registration officer

13 of the place of previous registration of the authorization to

14 cancel.

15 (2) An authorization to cancel which THAT indicates a pre-

16 vious address in a state other than this state shall be forwarded

17 to the secretary of state of that state. Notice may be made by

18 forwarding the separate cancellation form, by forwarding the por-

19 tion of an application listing a previous place of registration

20 or by forwarding a list certified by the clerk containing the

21 names of people authorizing cancellation.

22 (3) Notices of cancellation shall contain the name, birth

23 date, and address at which the elector was previously registered,

24 and the name of the city or township of previous registration of

25 all persons authorizing cancellations. Notices shall be sent

26 within 30 days after receipt, but not later than 5 days after the

27 close of registration.

00254'97 *
8

1 (4) Upon receipt of the notice, the clerk shall cancel the

2 registration of the persons listed on the notice. The clerk

3 shall also notify the registration officer of each village and,

4 UNTIL CHAPTER XIV IS IN EFFECT, EACH school district in which the

5 person resides of receipt of an authorization to cancel. An

6 authorization to cancel a voter registration signed by the voter

7 and received from another state or a notice from an election

8 official of another state that an elector has registered in that

9 state shall have the same force and effect as the notice of

10 authorization to cancel of this state.

11 Sec. 509n. The secretary of state is responsible for the

12 coordination of the requirements imposed under this chapter and

13 the national voter registration act of 1993. The secretary of

14 state shall do all of the following:

15 (a) Develop a mail registration form and make the form

16 available for distribution through governmental and private enti-

17 ties, with special emphasis on making the form available to voter

18 registration programs established for the purpose of registering

19 citizens of this state to vote.

20 (b) Instruct designated voter registration agencies; county,

21 city, township, and village clerks; and, UNTIL CHAPTER XIV IS IN

22 EFFECT, school officials regarding the voter registration proce-

23 dures and requirements imposed by law.

24 Sec. 509r. (1) The secretary of state shall establish and

25 maintain the computer system and programs necessary to the opera-

26 tion of the qualified voter file. The secretary of state shall

27 allow each county, city, township, or village access to the

00254'97 *
9

1 qualified voter file. The county, city, township, and village

2 clerks shall verify the accuracy of the names and addresses of

3 registered voters in the qualified voter file.

4 (2) Subject to subsection (3), the secretary of state and

5 county, city, township, and village clerks shall compile the

6 qualified voter file that consists of all qualified electors from

7 the following sources and in the following priority:

8 (a) A driver's license or, if there is no driver's license,

9 a state personal identification card, including renewals and

10 changes of address with the department of state.

11 (b) An application for benefits or services, including

12 renewals and changes of address, taken by a designated voter reg-

13 istration agency.

14 (c) An application to register to vote taken by a county,

15 city, township, or village clerk or, UNTIL CHAPTER XIV IS IN

16 EFFECT, BY A secretary of a school board.

17 (3) A person whose name does not otherwise appear in the

18 qualified voter file shall be placed in the qualified voter file

19 only if the person signs under penalty of perjury an application

20 that contains an attestation that the applicant meets all of the

21 following requirements:

22 (a) Is 17-1/2 years of age or older.

23 (b) Is a citizen of the United States and this state.

24 (c) Is a resident of the city or township where the person's

25 street address is located.

26 (4) A designated voter registration agency or a county,

27 city, township, or village clerk shall not add to, delete from,

00254'97 *
10

1 or change any information contained in the qualified voter file

2 during the period beginning on the seventh day before an election

3 and ending on the day of the election.

4 Sec. 544c. (1) A nominating petition shall be 8-1/2 inches

5 by 14 inches in size. On a nominating petition, the words

6 "nominating petition" shall be printed in 24-point boldface

7 type. "We, the undersigned," et cetera shall be printed in

8 8-point type. "Warning" and language in the warning shall be

9 printed in 12-point boldface type. The balance of the petition

10 shall be printed in 8-point type. The name, address, and party

11 affiliation of the candidate and the office for which petitions

12 are signed shall be printed in type not larger than 24-point.

13 The petition shall be in the following form:

15 NOMINATING PETITION

16 (PARTISAN)

17 We, the undersigned, registered and qualified voters of

18 the city or township (STRIKE 1) of ............, THE SCHOOL DISTRICT

19 (IF APPLICABLE) OF ............, in the county of

20 (strike 1)

21 ................. and state of Michigan, nominate,

00254'97 *
11

1 ................................................................ ,

2 (Name of Candidate)

3 ................................................................ ,

4 (Street Address or Rural Route) (Post Office)

5 as a candidate of the ................ party for the office of

6 .................. , ........................................... ,

7 (District, if any)

8 to be voted for at the primary OR OTHER election to be held on the

9 ......... day of .......... , 19... .

10 WARNING

11 A person who knowingly signs more petitions for the same

12 office than there are persons to be elected to the office or

13 signs a name other than his or her own is violating the provi-

14 sions of the Michigan election law.

00254'97 *
12

1 ______________________________________________________________________

2 Printed Street Address

3 Name and or Post Office Date of Signing

4 Signature Rural Route Mo. Day Year

5 ______________________________________________________________________

6 1. _________________________________________________________________

7 2. _________________________________________________________________

8 3. _________________________________________________________________

9 4. _________________________________________________________________

10 numbered lines as above

11 CERTIFICATE OF CIRCULATOR

12 The undersigned circulator of the above petition asserts

13 that he or she is qualified to circulate this petition and that

14 each signature on the petition was signed in his or her presence;

15 and that, to his or her best knowledge and belief, each signature

16 is the genuine signature of the person purporting to sign the

17 petition, the person signing the petition was at the time of

18 signing a qualified registered elector of the city or township

19 listed in the heading of the petition, and the elector was quali-

20 fied to sign the petition.

00254'97 *
13

1 Circulator--Do not sign or date certificate until after

2 circulating petition.

3 ________________________________________________________

4 (Printed Name and Signature of Circulator) (Date)

5 ________________________________________________________

6 (City or Township Where Registered)

7 ________________________________________________________

8 Complete Address (Street and Number or Rural Route)

9 ________________________________________________________

10 (Post Office)

11 Warning-A circulator WHO knowingly making MAKES a false

12 statement in the above certificate, a person not a circulator who

13 signs as a THE circulator, or a person who signs a name other

14 than his or her own as circulator is guilty of a misdemeanor.

15 (2) The petition shall be in a form providing a space for

16 the circulator and each elector who signs the petition to print

17 his or her name. The secretary of state shall prescribe the

18 location of the space for the printed name. The failure of the

19 circulator or an elector who signs the petition to print his or

20 her name or to print his or her name in the location prescribed

21 by the secretary of state does not affect the validity of the

22 signature of the circulator or the elector who signs the

23 petition. A printed name located in the space prescribed for

00254'97 *
14

1 printed names does not constitute the signature of the circulator

2 or elector.

3 (3) At the time of circulation, the circulator of a petition

4 shall be a registered elector of this state. At the time of exe-

5 cuting the certificate of circulator, the circulator shall be

6 registered in the city or township indicated in the certificate

7 of circulator on the petition.

8 (4) The circulator of a petition shall sign and date the

9 certificate of circulator before the petition is filed. A circu-

10 lator shall not obtain electors' signatures after the circulator

11 has signed and dated the certificate of circulator. A filing

12 official shall not count electors' signatures that were obtained

13 after the date the circulator signed the certificate or that are

14 contained in a petition that the circulator did not sign and

15 date.

16 (5) Except as provided in section 544d, a petition sheet

17 shall not be circulated in more than 1 city or township and each

18 signer of a petition sheet shall be a registered elector of the

19 city or township indicated in the heading of the petition sheet.

20 The invalidity of 1 or more signatures on a petition does not

21 affect the validity of the remainder of the signatures on the

22 petition.

23 (6) A person shall not sign more nominating petitions for

24 the same office than there are persons to be elected to the

25 office. A PERSON WHO VIOLATES THIS SUBSECTION IS GUILTY OF A

26 MISDEMEANOR.

00254'97 *
15

1 (7) A person who signs a petition with a name other than his

2 or her own is guilty of a misdemeanor.

3 (8) A person who knowingly makes a false statement in a cer-

4 tificate on a petition, a person not a circulator who signs as a

5 circulator, or a person who signs a name as circulator other than

6 his or her own is guilty of a misdemeanor.

7 (9) A person who aids or abets another in an act that is

8 prohibited by this section is guilty of a misdemeanor.

9 (10) The provisions of this section except as otherwise

10 expressly provided apply to all petitions circulated under

11 authority of the election law.

12 Sec. 639. (1) If SUBJECT TO SUBSECTION (3), IF a special

13 election is called by a county, city, township, village, or

14 school district, the proposed date of the election shall be sub-

15 mitted to a county election scheduling committee consisting of

16 the county clerk and 3 other members appointed by the county

17 board of commissioners. Members appointed by the county board of

18 commissioners shall be appointed at the first meeting of the

19 board each odd-numbered year and shall serve for 2 years. Of the

20 members appointed by the county board of commissioners, 1 shall

21 be a township clerk, 1 shall be a city clerk, and 1 shall be a

22 member of the board of education of a school district in the

23 county. In counties not containing cities, the committee shall

24 consist of 3 members. Vacancies shall be filled by appointment

25 by the county board of commissioners. The county clerk shall be

26 chairperson of the committee and the prosecuting attorney shall

27 be legal advisor to the committee. Members of the committee who

00254'97 *
16

1 are full-time employees of a unit of government shall not receive

2 additional compensation for serving on the committee. Other mem-

3 bers shall receive a per diem established by the county board of

4 commissioners but not to exceed that paid to members of the board

5 of canvassers. Any meeting of 4 hours or less shall be paid as a

6 half day. The members of the commission may be paid expenses

7 incurred in the performance of their duties.

8 (2) The SUBJECT TO SUBSECTION (3), THE committee shall

9 determine if the proposed election date conflicts with any other

10 scheduled election in the county. In determining conflict, the

11 committee shall give consideration to such matters as the proxim-

12 ity of the proposed election to other scheduled elections,

13 whether adequate notice can be given, and if residents will be

14 given opportunity to register for the election. Except for elec-

15 tions held pursuant to section 36(2) of the general property tax

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

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

18 211.36, the commission shall not approve any election scheduled

19 to be held less than 45 days after the approval date and shall

20 have the authority to disapprove an election date if an election

21 is scheduled to be held in the same territory within 30 days of

22 the proposed election date. For elections held pursuant to sec-

23 tion 36(2) of the general property tax act, Act No. 206 of the

24 Public Acts of 1893, as amended, 1893 PA 206, MCL 211.36, the

25 committee shall have only the right to receive notice of the

26 election and shall not have any power as regards the 45- and

27 30-day restrictions contained in this section. Two or more

00254'97 *
17

1 special elections may be held on the same date. If the committee

2 determines that a substantial conflict does not exist, it shall

3 approve the proposed date and notify the clerk of the governmen-

4 tal unit involved. If the committee determines that a substan-

5 tial conflict exists, it shall notify the clerk of the governmen-

6 tal unit, explaining the conflict and disapproving the date, and

7 the proposed election shall not be scheduled on that date. A

8 determination by the committee shall be made within 5 days of

9 receiving a proposed date unless the scheduling committee has 2

10 or more regularly scheduled meetings per month, in which case the

11 determination shall be made at the first meeting of the committee

12 following receipt in writing of the proposed date by the county

13 clerk. Notice to the local clerk of the determination of the

14 committee shall be made by the county clerk immediately after the

15 committee makes its determination. The secretary of any school

16 district shall, upon receiving the approval of a proposed date,

17 immediately notify the clerk of every city and township in the

18 school district of the approved date. If a district extends into

19 more than 1 county, the determination shall be made by a commit-

20 tee of the county in which the greatest number of registered

21 voters of the unit of government scheduling the special election

22 reside after consulting with the county clerk from each county

23 involved.

24 (3) BEGINNING JANUARY 1, 2001 IF CHAPTER XIV IS IN EFFECT,

25 THERE IS NO COUNTY ELECTION SCHEDULING COMMITTEE. IF A SPECIAL

26 ELECTION IS CALLED, THE APPROPRIATE COUNTY, CITY, TOWNSHIP, OR

00254'97 *
18

1 VILLAGE CLERK SHALL CAUSE THE SPECIAL ELECTION TO BE CALLED ON

2 THE NEXT AVAILABLE DATE IN THE MANNER PRESCRIBED IN SECTION 641A.

3 SEC. 641A. (1) BEGINNING JANUARY 1, 2001 IF CHAPTER XIV IS

4 IN EFFECT AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE

5 CONTRARY, ALL ELECTIONS HELD IN THIS STATE PURSUANT TO THIS ACT

6 SHALL BE HELD ON 1 OF THE FOLLOWING DATES:

7 (A) A WINTER ELECTION HELD ON THE FIRST TUESDAY FOLLOWING

8 THE SECOND MONDAY IN FEBRUARY.

9 (B) A SPRING ELECTION HELD ON THE FIRST TUESDAY FOLLOWING

10 THE FIRST MONDAY IN MAY.

11 (C) A SUMMER ELECTION HELD ON THE FIRST TUESDAY FOLLOWING

12 THE FIRST MONDAY IN AUGUST.

13 (D) A FALL ELECTION HELD ON THE FIRST TUESDAY FOLLOWING THE

14 FIRST MONDAY IN NOVEMBER.

15 (2) THE SECRETARY OF STATE SHALL DIRECT AND SUPERVISE THE

16 CONSOLIDATION OF ALL ELECTIONS IN THIS STATE ON THE DATES SPECI-

17 FIED IN SUBSECTION (1).

18 (3) THE ELECTION OFFICIAL RESPONSIBLE FOR CALLING A SPECIAL

19 ELECTION UNDER THIS ACT SHALL CAUSE THE SPECIAL ELECTION TO BE

20 CALLED ON THE NEXT AVAILABLE DATE ESTABLISHED IN SUBSECTION (1)

21 FOR WHICH ADEQUATE NOTICE CAN BE GIVEN AND FOR WHICH RESIDENTS

22 WILL BE GIVEN OPPORTUNITY TO REGISTER FOR THE ELECTION. TWO OR

23 MORE SPECIAL ELECTIONS MAY BE HELD ON THE SAME DATE.

24 Sec. 644b. A primary election to be known as the "odd year

25 primary election" shall be held on the Tuesday following the

26 first Monday in August of each odd numbered year. except that

27 UNTIL CHAPTER XIV IS IN EFFECT, a city may provide by ordinance

00254'97 *
19

1 adopted not less than 7 months preceding the date of any

2 regularly scheduled city odd year general election that all regu-

3 larly scheduled city odd year primary elections shall be held on

4 the Tuesday following the second Monday in September. BEGINNING

5 JANUARY 1, 2001 IF CHAPTER XIV IS IN EFFECT, A CITY MAY PROVIDE

6 BY ORDINANCE ADOPTED NOT LESS THAN 7 MONTHS PRECEDING THE DATE OF

7 ANY REGULARLY SCHEDULED CITY ODD YEAR GENERAL ELECTION THAT ALL

8 REGULARLY SCHEDULED CITY ODD YEAR PRIMARY ELECTIONS SHALL BE HELD

9 ON A DATE ESTABLISHED PURSUANT TO SECTION 641A.

10 Sec. 644c. Notwithstanding any law or charter to the con-

11 trary, the following officers shall be elected at the odd year

12 general election:

13 (a) All judicial officers other than justices of the supreme

14 court and judges of the court of appeals. This provision shall

15 not be effective unless a constitutional amendment authorizing

16 the election of judges at odd numbered year elections is

17 adopted.

18 (b) All elective city officers, including municipal judges,

19 except as otherwise provided in this act.

20 (C) BEGINNING JANUARY 1, 2001 IF CHAPTER XIV IS IN EFFECT,

21 SCHOOL BOARD MEMBERS.

22 Sec. 644k. (1) If SUBJECT TO SUBSECTION (4), IF all or A

23 portion of a school district or a community college district is

24 wholly or partly within a city or more than 1 city that elects

25 city officers at the odd year general election, the school dis-

26 trict or community college district, except a first class school

27 district, may hold its election biennially at the odd year

00254'97 *
20

1 general election if existing law requires or an agreement

2 pursuant to section 533 1053 of Act No. 269 of the Public Acts

3 of 1955, as amended, being section 340.533 of the Michigan

4 Compiled Laws THE REVISED SCHOOL CODE, 1976 PA 451, MCL

5 380.1053, authorizes each city to conduct the school or community

6 college election at the same time as and in conjunction with the

7 city election.

8 (2) The SUBJECT TO SUBSECTION (4), THE board of education

9 of a school district or the board of trustees of a community col-

10 lege district may determine by resolution whether the district

11 shall hold its election as provided in this section. The resolu-

12 tion shall be adopted before May 1, 1971, if it is to be appli-

13 cable to the 1971 odd year general election, otherwise it shall

14 be adopted not less than 6 months preceding the date of any reg-

15 ularly scheduled school or community college district election.

16 In its resolution the board shall provide that the term of office

17 of members of the school district or community college district

18 board shall be for an even number of years and shall provide for

19 an election schedule which THAT implements the change. A term

20 may be extended for not more than 1 year for this purpose. The

21 board may change the filing date of nominating petitions for

22 board of education candidates to conform with the filing dates of

23 a city election that is held in conjunction with the school board

24 election. In the case of school elections held in accordance

25 with UNDER this section, the last date for nomination shall not

26 be more than 49 days before the scheduled school election. The

27 board may provide that all members shall not be elected at the

00254'97 *
21

1 same election. Incumbents' terms shall be in accordance with

2 PURSUANT TO section 644g(1). The date for taking office shall be

3 as prescribed in section 644h.

4 (3) This section shall not be deemed CONSIDERED to change

5 the prior provisions of law regarding petitions, nominations, or

6 the conduct of school district and community college district

7 elections other than to allow a change in the date of the regular

8 district election and changes in the date for taking office and

9 the terms of office related to the change in election date.

10 (4) BEGINNING JANUARY 1, 2001 IF CHAPTER XIV IS IN EFFECT,

11 THIS SECTION ONLY APPLIES TO COMMUNITY COLLEGE DISTRICTS AND DOES

12 NOT APPLY TO SCHOOL DISTRICTS.

13 Sec. 862. A candidate for any office AT AN ELECTION,

14 including a candidate at all A school elections except an

15 election for board members in a primary school district, at any

16 primary or election, conceiving himself ELECTION UNTIL CHAPTER

17 XIV IS IN EFFECT, WHO BELIEVES HE OR SHE IS aggrieved on account

18 of fraud or mistake in the canvass of the votes by the inspectors

19 of election, or in the returns made thereon ON THE ELECTION by

20 the BOARD OF ELECTION inspectors, may petition for a recount of

21 the votes cast for that office in any precinct or precincts as

22 provided in this chapter.

23 Sec. 863. A qualified and registered elector voting in a

24 city, township, school district, other than a primary school

25 district at an election for board members, or village at the

26 last preceding election who believes there has been fraud or

27 error committed by the inspectors of election in its canvass or

00254'97 *
22

1 returns of the votes cast at the election, upon a proposed

2 amendment to the charter of the city or village or any other

3 proposition submitted to the voters of the county, city, town-

4 ship, school district, or village, may petition for a recount of

5 the votes cast in any precinct or precincts of that county, city,

6 township, school district, or village, upon that proposed amend-

7 ment or other proposition as provided in this chapter.

8 Sec. 954. The RECALL petitions shall be signed by regis-

9 tered and qualified electors of the electoral district of the

10 official whose recall is sought. In a school district where

11 school electors are not required to be registered, the signers of

12 the petition shall not be required to be registered electors and

13 the term "registered and qualified electors" shall mean

14 "qualified electors". Each signer of the A RECALL petition

15 shall affix his OR HER signature, address, and the date of

16 signing. The persons signing the A PERSON WHO SIGNS A RECALL

17 petition shall be A registered and qualified electors ELECTOR

18 of the governmental subdivision designated in the heading of the

19 petition.

20 Sec. 963. (1) The filing official with whom the recall

21 petition is filed shall determine, within 35 days after the

22 filing of the recall petition, the sufficiency of the petition.

23 If the recall petition is found to be insufficient, the filing

24 official shall notify the person or organization sponsoring the

25 recall of the insufficiency of the petition. It shall not be

26 necessary to give notification unless the person or organization

00254'97 *
23

1 sponsoring the recall files with the filing official a written

2 notice of sponsorship and a mailing address.

3 (2) Immediately UNTIL CHAPTER XIV IS IN EFFECT,

4 IMMEDIATELY upon ascertaining that the petition is sufficient,

5 but not later than 35 days after the date of filing of the peti-

6 tion, the county clerk with whom the petition is filed shall

7 submit to the county election scheduling committee a proposed

8 date for a special election to be held within 60 days after the

9 submission to the county scheduling committee to determine

10 whether the electors will recall the officer whose recall is

11 sought. BEGINNING JANUARY 1, 2001 IF CHAPTER XIV IS IN EFFECT,

12 UPON ASCERTAINING THAT THE PETITION IS SUFFICIENT, BUT NOT LATER

13 THAN 35 DAYS AFTER THE DATE OF FILING THE PETITION, THE COUNTY

14 CLERK WITH WHOM THE PETITION IS FILED SHALL CAUSE THE SPECIAL

15 ELECTION TO BE CALLED OR THE NEXT AVAILABLE DATE IN THE MANNER

16 PRESCRIBED IN SECTION 641A.

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

18 with whom the petition is filed shall not submit a proposed date

19 to the county election scheduling committee but shall call the

20 special election subject to the same time limitations set out in

21 this section. BEGINNING JANUARY 1, 2001 IF CHAPTER XIV IS IN

22 EFFECT, THE OFFICER WITH WHOM THE PETITION IS FILED UNDER SECTION

23 959 SHALL CALL THE SPECIAL ELECTION ON THE NEXT AVAILABLE DATE IN

24 THE MANNER PRESCRIBED IN SECTION 641A.

25 Sec. 971. (1) If UNTIL CHAPTER XIV IS IN EFFECT, IF the

26 recall was successful, the officer with whom the recall petition

27 was filed, shall, within 5 days after receiving the

00254'97 *
24

1 certification, SHALL submit to the county election scheduling

2 committee a proposed date for a special election to be held

3 within 60 days for the filling of the vacancy. If any primary or

4 election is to be held in that electoral district within 4 months

5 after the certification and at a time as will permit preparation

6 for the election by election officials as provided by law, the

7 election to fill the vacancy shall be held concurrently with that

8 primary or election. The same provisions made in section 964

9 for BEGINNING JANUARY 1, 2001 IF CHAPTER XIV IS IN EFFECT, IF

10 THE RECALL WAS SUCCESSFUL, THE OFFICER WITH WHOM THE RECALL PETI-

11 TION WAS FILED, WITHIN 5 DAYS AFTER RECEIVING THE CERTIFICATION,

12 SHALL CAUSE A SPECIAL ELECTION TO FILL THE VACANCY TO BE CALLED

13 ON THE NEXT AVAILABLE DATE IN THE MANNER PRESCRIBED IN SECTION

14 641A. SECTION 964, WHICH APPLIES TO THE calling and conducting of

15 the A recall election, shall govern in ALSO APPLIES TO the

16 calling and conducting of the AN election to fill the vacancy

17 created BY RECALL, except as otherwise SPECIFICALLY provided in

18 this section.

19 (2) If a petition is filed under section 959, the officer

20 with whom the petition is filed shall not submit a proposed date

21 to the county election scheduling committee but shall call the

22 special election subject to the same time limitations set out in

23 this section. BEGINNING JANUARY 1, 2001 IF CHAPTER XIV IS IN

24 EFFECT, THE OFFICER WITH WHOM THE PETITION IS FILED UNDER SECTION

25 959 SHALL CALL THE SPECIAL ELECTION ON THE NEXT AVAILABLE DATE IN

26 THE MANNER PRESCRIBED IN SECTION 641A.

00254'97 *
25

1 Sec. 972. (1) Except as provided in subsection (2), a

2 candidate for a nonpartisan office shall be nominated and voted

3 for in an election scheduled pursuant to section 971 by filing a

4 nominating petition not later than 4 p.m. on the fifteenth day

5 after the election is called. The nominating petition shall be

6 filed with the clerk or secretary of the electoral district and

7 signed by not less than 3% of the registered and qualified elec-

8 tors of the electoral district. However, a nominating petition

9 for the office of district library board member shall be signed

10 by not less than 3% of the number of persons voting in the dis-

11 trict library district at the last election at which district

12 library board members were elected and filed with the clerk of

13 the largest county or, if a school district is a participating

14 municipality, with the secretary of the largest participating

15 school district. For the purposes of this subsection, the term

16 "largest" has the meaning ascribed to it in section 2 of the dis-

17 trict library establishment act, 1989 PA 24, MCL 397.172.

18 (2) This subsection applies to an election to fill a vacancy

19 for an unexpired term created by a recall of a SCHOOL BOARD

20 member, of a board of education of a school district, if the

21 election is scheduled to be held on the same date as an annual

22 school election or a general election. A petition filed by a

23 candidate shall be signed by a number of registered and qualified

24 electors of the school district equal to not less than 1% of the

25 total number of votes received by the candidate for SCHOOL BOARD

26 member of the board of education who received the greatest

27 number of votes at the last election at which members of the

00254'97 *
26

1 SCHOOL board of education were elected, but the number shall

2 not be less than 20. The petition shall clearly state that it

3 relates to the filling of a vacancy for an unexpired term and

4 shall be filed with the secretary of the SCHOOL board or in the

5 office of the SCHOOL board of education UNTIL DECEMBER 31, 2000

6 OR, BEGINNING JANUARY 1, 2001 IF CHAPTER XIV IS IN EFFECT, WITH

7 THE FILING OFFICIAL WHO RECEIVES NOMINATING PETITIONS UNDER SEC-

8 TION 302 not later than 4 p.m. on the fifteenth day after the

9 election is called.

10 Enacting section 1. This amendatory act does not take

11 effect unless all of the following bills of the 89th Legislature

12 are enacted into law:

13 (a) Senate Bill No. _____ or House Bill No. _____ (request

14 no. 00278'97).

15 (b) Senate Bill No. _____ or House Bill No. _____ (request

16 no. 00279'97).

00254'97 * Final page. KKR