HOUSE BILL No. 4344 February 18, 1997, Introduced by Reps. Kelly, Hale, Baade, Bogardus, Schermesser, DeHart, Prusi, Leland, Anthony, LaForge, Kilpatrick, Scott and Varga and referred to the Committee on House Oversight and Ethics. A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 66, 82, 107, 146, 176, 206, 237, 267, 292, and 368 (MCL 168.66, 168.82, 168.107, 168.146, 168.176, 168.206, 168.237, 168.267, 168.292, and 168.368). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 66. (1) The office of governor or lieutenant governor 2 shall become vacant upon the happening of any of the following 3 events: 4 (A) Death of the incumbent.; his5 (B) HIS OR HER resignation.; his6 (C) HIS OR HER removal from office for cause.; his7 (D) HIS OR HER ceasing to be a resident oftheTHIS state. 8; his02007'97 KKR 2 1 (E) HIS OR HER conviction of an infamous crime,or an 2 offense involving the violation of his OR HER oath of office.;3the4 (F) THE decision of a competent tribunal declaring his OR 5 HER election void.; or his6 (G) HIS OR HER neglect or refusal to take and subscribe to 7 the constitutional oath of office and deposit thesameOATH in 8 the manner and within the time prescribed by law. 9 (H) HE OR SHE CHANGING POLITICAL PARTY AFFILIATION FROM HIS 10 OR HER POLITICAL PARTY AFFILIATION AT THE TIME OF HIS OR HER 11 ELECTION TO THE OFFICE. 12 (2) Any person holding the office of governor or lieutenant 13 governor may be removed from office upon conviction in impeach- 14 ment proceedings as provided in section 7 of article11XI of 15 the state constitution. 16 Sec. 82. (1) The office of secretary of state or attorney 17 general shall become vacant upon the happening of any of the fol- 18 lowing events: 19 (A) Death of the incumbent.; his20 (B) HIS OR HER resignation.; his21 (C) HIS OR HER removal from office for cause.; his22 (D) HIS OR HER ceasing to be a resident oftheTHIS state. 23; his24 (E) HIS OR HER conviction of an infamous crime or an offense 25 involving the violation of his OR HER oath of office.; the26 (F) THE decision of a competent tribunal declaring his OR 27 HER election or appointment void.; or his02007'97 3 1 (G) HIS OR HER neglect or refusal to take and subscribe to 2 the constitutional oath of office and deposit thesameOATH in 3 the manner and within the time prescribed by law.When4 (H) HE OR SHE CHANGING POLITICAL PARTY AFFILIATION FROM HIS 5 OR HER POLITICAL PARTY AFFILIATION AT THE TIME OF HIS OR HER 6 ELECTION TO THE OFFICE. 7 (2) WITHIN 10 DAYS AFTER a vacancyshall occurOCCURS in 8any ofthesaid officesOFFICE OF SECRETARY OF STATE OR 9 ATTORNEY GENERAL, a notice ofsuchTHE vacancy and the reason 10 why thesameVACANCY exists shall, within 10 days after such11vacancy occurs,be given in writing to the governor.SuchTHE 12 notice shall be given by the secretary of state unlesssuchTHE 13 vacancy occurs in the office of the secretary of state, then by 14 the attorney general. 15 Sec. 107. The office of United States senator shall become 16 vacant on the happening of any of the following events before the 17 expiration of the term ofsuchTHE office: 18 (A) The death of the incumbent.; his19 (B) HIS OR HER resignation.; his20 (C) HIS OR HER removal from office.; the21 (D) THE decision of a competent tribunal declaring void his 22 OR HER election or appointment.; or his23 (E) HIS OR HER refusal or neglect to take his or her oath of 24 office. 25 (F) HE OR SHE CHANGING POLITICAL PARTY AFFILIATION FROM HIS 26 OR HER POLITICAL PARTY AFFILIATION AT THE TIME OF HIS OR HER 27 ELECTION TO THE OFFICE. 02007'97 4 1 Sec. 146. The office of representative in congress shall 2 become vacant on the happening of any of the following events 3 before the expiration of the term ofsuchTHE office: 4 (A) The death of the incumbent.; his5 (B) HIS OR HER resignation.; his6 (C) HIS OR HER removal from office.; the7 (D) THE decision of a competent tribunal declaring void his 8 OR HER election.; or his9 (E) HIS OR HER refusal or neglect to take his OR HER oath of 10 office. 11 (F) HE OR SHE CHANGING POLITICAL PARTY AFFILIATION FROM HIS 12 OR HER POLITICAL PARTY AFFILIATION AT THE TIME OF HIS OR HER 13 ELECTION TO THE OFFICE. 14 Sec. 176. (1) The office of state senator or representative 15 shall become vacant on the happening of any of the following 16 events, before the expiration of the term ofsuchTHE office: 17 (A) The death of the incumbent.; his18 (B) HIS OR HER resignation.; his19 (C) HIS OR HER removal from office.; his20 (D) HIS OR HER ceasing to be an inhabitant of the district 21forFROM which heshall have beenOR SHE WAS elected.; the22 (E) THE decision of a competent tribunal declaring void his 23 OR HER election or appointment.; or his24 (F) HIS OR HER refusal or neglect to take and subscribe to 25 his OR HER oath of office. 02007'97 5 1 (G) HE OR SHE CHANGING POLITICAL PARTY AFFILIATION FROM HIS 2 OR HER POLITICAL PARTY AFFILIATION AT THE TIME OF HIS OR HER 3 ELECTION TO THE OFFICE. 4 (2) Regardless of any change in the boundaries of any state 5 senatorial or representative district, an incumbent state senator 6 or representative shall continue to represent the district from 7 which he OR SHE was elected until his OR HER current term of 8 officeshall expireEXPIRES or his OR HER successor is elected 9 and qualified. 10 Sec. 206. The office of county clerk, county treasurer, 11 register of deeds, prosecuting attorney, sheriff, drain commis- 12 sioner, surveyor or coroner in any county in this state shall 13 become vacant upon the happening of any of the following events: 14 (A) Death of the incumbent.; his15 (B) HIS OR HER resignation.; his16 (C) HIS OR HER removal from office for cause.; his17 (D) HIS OR HER ceasing to be a resident of the county in 18 which his OR HER office is located.; his19 (E) HIS OR HER conviction of an infamous crime or an offense 20 involving the violation of his OR HER oath of office.; the21 (F) THE decision of a competent tribunal declaring his OR 22 HER election or appointment void.; his23 (G) HIS OR HER refusal or neglect to take and subscribe to 24 the constitutional oath of office and deposit thesameOATH in 25 the manner and within the time prescribed by law.; or his26 (H) HIS OR HER refusal or neglect to give bond in the amount 27 and manner and within the time prescribed by law. 02007'97 6 1 (I) HE OR SHE CHANGING POLITICAL PARTY AFFILIATION FROM HIS 2 OR HER POLITICAL PARTY AFFILIATION AT THE TIME OF HIS OR HER 3 ELECTION TO THE OFFICE. 4 Sec. 237. The office of county auditor in any county in 5 this state shall become vacant upon the happening of any of the 6 following events: 7 (A) Death of the incumbent.; his8 (B) HIS OR HER resignation.; his9 (C) HIS OR HER removal from office for cause.; his10 (D) HIS OR HER ceasing to be a resident of the county where 11 his OR HER office is located.; his12 (E) HIS OR HER conviction of an infamous crime,or an 13 offense involving the violation of his OR HER oath of office.;14the15 (F) THE decision of a competent tribunal declaring his OR 16 HER election or appointment void.; his17 (G) HIS OR HER refusal or neglect to take and subscribe to 18 the constitutional oath of office and deposit thesameOATH in 19 the manner and within the time prescribed by law.; or his20 (H) HIS OR HER refusal or neglect to give bond in the amount 21 and manner and within the time prescribed by law. 22 (I) HE OR SHE CHANGING POLITICAL PARTY AFFILIATION FROM HIS 23 OR HER POLITICAL PARTY AFFILIATION AT THE TIME OF HIS OR HER 24 ELECTION TO THE OFFICE. 25 Sec. 267. The office of county road commissioner in any 26 county in this state shall become vacant upon the happening of 27 any of the following events: 02007'97 7 1 (A) Death of the incumbent.; his2 (B) HIS OR HER resignation.; his3 (C) HIS OR HER removal from office for cause.; his4 (D) HIS OR HER ceasing to be a resident of the county where 5 his OR HER office is located.; his6 (E) HIS OR HER conviction of an infamous crime,or an 7 offense involving the violation of his OR HER oath of office.;8the9 (F) THE decision of a competent tribunal declaring his OR 10 HER election or appointment void.; his11 (G) HIS OR HER refusal or neglect to take and subscribe to 12 the constitutional oath of office and deposit thesameOATH in 13 the manner and within the time prescribed by law.; or his14 (H) HIS OR HER refusal or neglect to give bond in the amount 15 and manner and within the time prescribed by law. 16 (I) HE OR SHE CHANGING POLITICAL PARTY AFFILIATION FROM HIS 17 OR HER POLITICAL PARTY AFFILIATION AT THE TIME OF HIS OR HER 18 ELECTION TO THE OFFICE. 19 Sec. 292. (1) There shall be a vacancy on the state board 20 of education, the board of regents of the University of Michigan, 21 the board of trustees of Michigan State University, or the board 22 of governors of Wayne State University upon the happening of any 23 of the following events: 24 (A) Death of the incumbent.; his25 (B) HIS OR HER resignation.; his26 (C) HIS OR HER removal from office for cause.; his02007'97 8 1 (D) HIS OR HER ceasing to be a resident oftheTHIS state. 2; his3 (E) HIS OR HER conviction of an infamous crime,or an 4 offense involving the violation of his OR HER oath of office.;5the6 (F) THE decision of a competent tribunal declaring his OR 7 HER election or appointment void.; or his8 (G) HIS OR HER neglect or refusal to take and subscribe to 9 the constitutional oath of office and deposit thesameOATH in 10 the manner and within the time prescribed by law.When11 (H) HE OR SHE CHANGING POLITICAL PARTY AFFILIATION FROM HIS 12 OR HER POLITICAL PARTY AFFILIATION AT THE TIME OF HIS OR HER 13 ELECTION TO THE OFFICE. 14 (2) WITHIN 10 DAYS AFTER a vacancyshall occurOCCURS on 15 any of thesaidboards LISTED IN SUBSECTION (1),aTHE SECRE- 16 TARY OF STATE SHALL GIVE notice ofsuchTHE vacancy and the 17 reason why thesameVACANCY existsshall, within 10 days after18such vacancy occurs, be givenin writing to the governor.Such19notice shall be given by the secretary of state.20 Sec. 368. The township offices become vacant upon the hap- 21 pening of any of the following events: 22 (A) Death of the incumbent.; his23 (B) HIS OR HER resignation.; his24 (C) HIS OR HER removal from office for cause.; his25 (D) HIS OR HER ceasing to be a resident of the township 26 where his OR HER office is located.; his02007'97 9 1 (E) HIS OR HER conviction of an infamous crime,or of an 2 offense involving the violation of his OR HER oath of office.;3the4 (F) THE decision of a competent tribunal declaring his OR 5 HER election or appointment void.,6 (G) HIS OR HER habitual drunkenness.; his7 (H) HIS OR HER refusal or neglect to take and subscribe to 8 the oath as provided in section21 of article16XI of the 9 state constitution OF 1963 and deposit thesameOATH in the 10 manner and within the time prescribed by law.; his11 (I) HIS OR HER refusal or neglect to give bond in the amount 12 and manner and within the time prescribed by law.; or the13 (J) THE failure of the office to be filled at an election 14whichTHAT is scheduled for the purpose of filling the office. 15 (K) HE OR SHE CHANGING POLITICAL PARTY AFFILIATION FROM HIS 16 OR HER POLITICAL PARTY AFFILIATION AT THE TIME OF HIS OR HER 17 ELECTION TO THE OFFICE. 02007'97 Final page. 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