HB-5997, As Passed House, June 22, 2004

SUBSTITUTE FOR

HOUSE BILL NO. 5997

                    (As amended June 22, 2004)                              

                                                                             A bill to amend 1954 PA 116, entitled                                             

"Michigan election law,"                                                    

by amending section 642 (MCL 168.642), as added by 2003 PA 302.             

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 642.  (1) Except as otherwise provided in this section                 

2   and section 642a, on the effective date of this act, a city shall           

3   hold its regular election or regular primary election as                    

4   follows:                                                                    

5       (a) A city shall hold its regular election for a city office                

6   at the odd year general election.                                           

7       (b) A city shall hold its regular election primary at the odd               

8   year primary election.                                                      

9       (c) A city that holds its regular election for a city office                

10  annually or [in the even year] on the November regular election date        

11  shall continue holding elections on that schedule.                          

House Bill No. 5997 (H-1) as amended June 22, 2004

1   (d) A city that holds its regular election primary for a city               

2   office annually or [in the even year] on the August regular primary         

3   election date shall continue holding primary elections on that              

4   schedule.

5       (2) If, on  the effective date of this section September 1,                

6   2004, a city holds its regular election at other than [the odd

7   year general election or annually on the a] regular November                

8   election date, the city council may choose to hold the regular              

9   election on the May regular election date by adopting a                     

10  resolution in compliance with this section.  Except as provided             

11  in section 642a, if a city council adopts the resolution in                 

12  compliance with this section to hold its regular election on the            

13  May regular election date, after December 31, 2004, the city's              

14  regular election is on the May regular election date.  If a                 

15  city's regular election is held on the May regular election date,           

16  the city's regular election primary shall be held on the February           

17  regular election date immediately before its regular election.              

18      (3) If, on  the effective date of this section September 1,                

19  2004, a city holds its regular election annually [or in the even year] on the November                                                                        

20  regular election date, the city council may choose to hold the              

21  regular election at the odd year general election by adopting a             

22  resolution in compliance with this section.  Except as provided             

23  in section 642a, if a city council adopts the resolution in                 

24  compliance with this section to hold its regular election at the            

25  odd year general election, after December 31, 2004, the city's              

26  regular election is at the odd year election.  If a city's                  

27  regular election is held at the odd year general election, the              

1   city's regular election primary shall be held at the odd year               

2   primary election.                                                           

3   (4) If, on September 1, 2004, a city holds its regular                      

4   election annually on the November regular election date, the city           

5   council may choose to hold the regular election at the even year            

6   general election by adopting a resolution in compliance with this           

7   section.  Except as provided in section 642a, if a city council             

8   adopts the resolution in compliance with this section to hold its           

9   regular election at the even year general election, after                   

10  December 31, 2004, the city's regular election is at the even               

11  year election.  If a city's regular election is held at the even            

12  year general election, the city's regular election primary shall            

13  be held at the even year primary election.

14  (5)  (4)  If, on  the effective date of this section

15  September 1, 2004, a city holds its regular election primary at             

16  the September primary election, the city council may choose to              

17  continue holding its regular election primary at the September              

18  primary election by adopting a resolution in compliance with this           

19  section.  Except as provided in section 642a(2), if a city                  

20  council adopts the resolution in compliance with this section to            

21  hold its regular election primary at the September primary                  

22  election, after December 31, 2004, the city's regular election              

23  primary is at the September primary election.                               

24  (6)  (5)  Except as otherwise provided in this section and                  

25  section 642a, on  the effective date of this act September 1,              

26  2004, a village shall hold its regular election as follows:                 

27      (a) A village shall hold its regular election for a village                 

1   office at the general election and the appropriate township clerk           

2   shall conduct the election.                                                 

3       (b) A village shall not hold a regular primary election.                    

4   (7)  (6)  A village council may  choose make a 1-time choice

5   to hold the regular election at the September primary election by           

6   adopting a resolution in compliance with this section.  Except as           

7   provided in section 642a, if a village council adopts the                   

8   resolution in compliance with this section to hold its regular              

9   election at the September primary election, after December 31,              

10  2004, the village's regular election is at the September primary            

11  election and the village clerk shall conduct the election.  The             

12  resolution may provide for the terms of office and for staggered            

13  terms. If a village's regular or special election is held in                

14  conjunction with another election conducted by a township, the              

15  village shall pay the township a proportionate share of the                 

16  election expenses.  If a village's regular or special election is           

17  not held in conjunction with another election conducted by a                

18  township, the village shall pay the township 100% of the actual             

19  costs of conducting the village's regular or special election.              

20  The township shall make voting equipment available to a village             

21  if the village conducts an election.  If the village is located             

22  in more than 1 township, the township with the largest number of            

23  village electors shall furnish the voting equipment.

24  (8)  (7)  Except as otherwise provided in this section and                  

25  section 642a, on  the effective date of this act September 1,              

26  2004, a school district shall hold its regular election for the             

27  office of school board member at the odd year general election.             

House Bill No. 5997 (H-1) as amended June 22, 2004

1   (9)  (8)  If, on  the effective date of this section

2   September 1, 2004, a school district holds its regular election             

3   at other than the odd year general election, the school                     

4   district's school board may choose to hold its regular election             

5   on 1 of the following by adopting a resolution in compliance with           

6   this section:                                                               

7       (a) The odd year May regular election date.                                 

8       (b) The [general election November regular election date] in both even and odd years.                                                                          

9       (c) The May regular election date in both even and odd                      

10  years.                                                                      

11  (10)  (9)  A resolution permitted under [this section or] section 642a is valid    

12  only if a city council, village council, or school board adopts             

13  the resolution in compliance with all of the following:                     

14      (a) The resolution is adopted before 1 of the following:                    

15                                                                               (i) If the resolution is permitted under subsection (2), (3),                       

16  (4),  (6) (5), (7), or  (8) (9) of this section,                          

17  January 1, 2005.                                                            

18      (ii) If the resolution is permitted under section 642a(1),                   

19  (2), or (3), January 1 of the year in which the change in the               

20  date of the election takes effect.                                          

21      (b) Before adopting the resolution, the council or school                   

22  board holds at least 1 public hearing on the resolution.  The               

23  public hearing may be held on the same day and immediately before           

24  considering the adoption of the resolution.

25      (c) The council or school board gives notice of each public                 

26  hearing on the resolution in a manner designed to reach the                 

27  largest number of the jurisdiction's qualified electors in a                

1   timely fashion, and the notice states at least the following, as            

2   applicable:                                                                 

3                                                                                (i) That the hearing is being held on the issue of whether to                       

4   schedule the city's regular election on the May regular election            

5   date and that, if the resolution is not adopted, the city's                 

6   regular election will be held at the odd year general election.             

7       (ii) That the hearing is being held on the issue of whether                  

8   to schedule the city's regular election primary at the September            

9   primary election and that, if the resolution is not adopted, the            

10  city's regular election primary will be held on the odd year                

11  primary election.                                                           

12      (iii) That the hearing is being held on the issue of whether                 

13  to schedule the village's regular election at the September                 

14  primary election and that, if the resolution is not adopted, the            

15  village's regular election will be held at the general election.            

16      (iv) That the hearing is being held on the issue of whether                  

17  to schedule the school district's regular election at other than            

18  the odd year general election and that, if the resolution is not            

19  adopted, the school district's regular election will be held at             

20  the odd year general election.  The notice shall specifically               

21  state the regular election date permitted under subsection (8) on           

22  which the school board is proposing that the school district's              

23  regular election be held.                                                   

24      (v) That the hearing is being held on the issue of whether to               

25  schedule the school district's regular election at the odd year             

26  general election and that, if the resolution is not adopted, the            

27  school district's regular election will continue to be held on              

1   the date on which it is currently being held.                               

2       (d) The council or school board votes on the resolution                     

3   immediately following the close of a public hearing on the                 

4   resolution  and, on a record roll call vote, a majority of the              

5   council's or school board's members, elected or appointed, and              

6   serving, adopt the resolution.                                              

7       (e) The council or school board files the resolution with the               

8   secretary of state.                                                         

9   (11)  (10)  This section takes effect September 1, 2004.