HOUSE BILL No. 5179


     December 8, 1999, Introduced by Reps. Switalski, Julian and Woodward and referred to
the Committee on Constitutional Law and Ethics.


        A bill to amend 1966 PA 261, entitled

   "An act to provide for the apportionment of county boards of com-
   missioners; to prescribe the size of the board; to provide for
   appeals; to prescribe the manner of election of the members of
   the county board of commissioners; to provide for compensation of
   members; to prescribe penalties and provide remedies; and to
   repeal acts and parts of acts,"

   by amending sections 11 and 12 (MCL 46.411 and 46.412), as

   amended by 1982 PA 504.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 11.  Candidates  A CANDIDATE for the
             office of COUNTY

 2    commissioner shall be  residents  A RESIDENT and
             registered

 3     voters  VOTER of the district which  they
             seek  HE OR SHE SEEKS

 4    to represent and shall remain  so  A RESIDENT to
             hold  their  HIS

 5    OR HER office, if elected.  Nominations and elections for commis-

 6    sioners shall be by partisan elections.  To obtain the
             printing

 7     of  IN ORDER FOR the name of  any person as
                        a candidate for



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 1    nomination for the office of commissioner  upon  TO
             APPEAR ON the

 2    official primary ballot,  there  A NOMINATING
             PETITION OR $100.00

 3    FILING FEE shall be filed with the county clerk.  of each
             county

 4     a filing fee of $100.00 or nomination petitions 
                       THE NOMINATING

 5    PETITION SHALL HAVE BEEN signed by a number of qualified and reg-

 6    istered electors residing within the district, equal to not less

 7    than 1% nor more than 4% of the number of votes cast in the dis-

 8    trict by  such  THE party for the office of
             secretary of state at

 9    the last general election in which a secretary of state was

10    elected.  The deadline for filing nomination petitions or filing

11    fees  shall be  IS the same as  candidates
              FOR A CANDIDATE for

12    state representative.  A person who has been convicted of a vio-

13    lation of section 12a(1) of  Act No. 370 of the Public Acts
             of

14     1941, being section 38.412a of the Michigan Compiled Laws,
                       shall 

15    1941 PA 370, MCL 38.412A, IS not  be  eligible
              for election  to

16     the office of  BE A county commissioner for
              a period of  20

17    years after THE conviction.  A PERSON WHO HAS BEEN CONVICTED OF A

18    FELONY UNDER THE LAWS OF THIS STATE OR ANOTHER STATE IS NOT ELI-

19    GIBLE TO BE A COUNTY COMMISSIONER FOR 20 YEARS AFTER THE

20    CONVICTION.

21         Sec. 12.  When a vacancy occurs in the office of commis-

22    sioner by death, resignation, removal from the district, or

23    removal from office, the vacancy shall be filled by appointment

24    within 30 days by the county board of commissioners of a resident

25    and registered voter of that district.  A person who has been

26    convicted of a violation of section 12a(1) of  Act No. 370
             of the

27     Public Acts of 1941, being section 38.412a of the Michigan



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 1    Compiled Laws, shall  1941 PA 370, MCL 38.412A, IS
             not  be 

 2    eligible  for appointment  to  the office
             of  BE A county commis-

 3    sioner for  a period of  20 years after THE
             conviction.  A PERSON

 4    WHO HAS BEEN CONVICTED OF A FELONY UNDER THE LAWS OF THIS STATE

 5    OR ANOTHER STATE IS NOT ELIGIBLE TO BE A COUNTY COMMISSIONER FOR

 6    20 YEARS AFTER THE CONVICTION. The person appointed to fill a

 7    vacancy which occurred in an odd numbered year shall serve until

 8    the vacancy is filled in a special election.  That special elec-

 9    tion shall be called by the county board of commissioners.  The

10    person appointed to fill a vacancy which occurs in a year which

11    is an election year for the office of county commissioner shall

12    serve for the remainder of the unexpired term.  If the county

13    board of commissioners does not fill the vacancy by appointment

14    within 30 days, that vacancy shall be filled by a special elec-

15    tion regardless of whether the year is an election year or an odd

16    year.

























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