June 12, 2003, Introduced by Reps. Pappageorge, Farhat, Vander Veen, Ward, Ruth Johnson and Steil and referred to the Committee on Local Government and Urban Policy.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 2, 3, 4, 192, 193, 197, 200, 209, 223, 231,
239, 253, 258, 269, 282, 282a, 283, 286, 286a, 289, 321, 322,
345, 348, 358, 358a, 362, 370, 370a, 381, 382, 412, 416, 432,
467a, 498, 538, 570a, 616a, 635, 643, 644c, 644e, 646a, 697, and
699 (MCL 168.2, 168.3, 168.4, 168.192, 168.193, 168.197, 168.200,
168.209, 168.223, 168.231, 168.239, 168.253, 168.258, 168.269,
168.282, 168.282a, 168.283, 168.286, 168.286a, 168.289, 168.321,
168.322, 168.345, 168.348, 168.358, 168.358a, 168.362, 168.370,
168.370a, 168.381, 168.382, 168.412, 168.416, 168.432, 168.467a,
168.498, 168.538, 168.570a, 168.616a, 168.635, 168.643, 168.644c,
168.644e, 168.646a, 168.697, and 168.699), section 2 as amended
by 2002 PA 163, sections 193 and 322 as amended by 1999 PA 218,
sections 200 and 643 as amended by 1998 PA 364, sections 209,
239, and 269 as amended by 1990 PA 7, section 283 as amended by
1999 PA 216, section 321 as amended by 1994 PA 277, section 358
as amended by 1999 PA 16, section 358a as amended by 1990 PA 235,
section 362 as amended by 1980 PA 112, sections 370 and 370a as
amended by 1990 PA 83, section 381 as amended by 1991 PA 16,
section 416 as amended by 1990 PA 32, section 467a as amended by
1981 PA 4, section 498 as amended by 1984 PA 89, section 616a as
added by 1988 PA 275, and section 646a as amended by 2002 PA 431,
and by adding sections 644 and 659; and to repeal acts and parts
of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2. As used in this act:
2 (a) "Absent voter" is defined in section 758.
3 (b) "Ballot container" is defined in section 14a.
4 (c) (a) "Business
day" or "secular day" means a day that is
5 not a Saturday, Sunday, or legal holiday.
6 (d) "Clearly observable boundaries" is defined in section
7 654a.
8 (e) "Education election day" means, as appropriate in the
9 context, either the day established in section 641 on which the
10 regular election for educational offices is held or the election
11 held on that day.
12 (f) (b) "Election"
means an election or primary election at
13 which the electors of this state or of a subdivision of this
14 state choose or nominate by ballot an individual for public
15 office or decide a ballot question lawfully submitted to them.
16 (c) "Name
that was formally changed" means a name changed by
1 a proceeding under
chapter XI of the probate code of 1939, 1939
2 PA 288, MCL 711.1 to
711.3, or former 1915 PA 314, or through a
3 similar, statutorily
sanctioned procedure under the law of
4 another state or
country.
5 (g) "Election precinct" is defined in section 654.
6 (h) "Fall" state and county conventions and "spring" state
7 and county conventions are assigned meanings in section 596.
8 (i) "General election" or "general November election" means
9 the election held on the November regular election date in an
10 even numbered year.
11 (j) "Immediate family" means an individual's father, mother,
12 son, daughter, brother, sister, and spouse and a relative of any
13 degree residing in the same household as that individual.
14 Sec. 3. The term
"general November election", as used in
15 this act, shall mean
the election provided to be held in the
16 state on the first
Tuesday after the first Monday of November in
17 every even numbered
year. As used in this act:
18 (a) "Locked and sealed" is defined in section 14.
19 (b) "Major political party" is defined in section 16.
20 (c) "Metal seal" or "seal" is defined in section 14a.
21 (d) "Name that was formally changed" means a name changed by
22 a proceeding under chapter XI of the probate code of 1939, 1939
23 PA 288, MCL 711.1 to 711.3, or former 1915 PA 314, or through a
24 similar, statutorily sanctioned procedure under the law of
25 another state or country.
26 (e) "Odd year general election" means the election held on
27 the November regular election date in an odd numbered year.
1 (f) "Odd year primary election" means the election held on
2 the August regular election date in an odd numbered year.
3 (g) "Primary" or "primary election" is defined in section 7.
4 (h) "Qualified elector" is defined in section 10.
5 (i) "Qualified voter file" is defined in section 509m.
6 (j) "Regular election" means an election held on a regular
7 election date to elect an individual to, or nominate an
8 individual for, elective office in the regular course of the
9 terms of that elective office.
10 (k) "Regular election date" means 1 of the dates established
11 as a regular election date in section 641.
12 (l) "Residence" is defined in section 11.
13 Sec. 4. The term
"biennial spring election", "spring
14 election" or
other similar term, as used in city or village
15 charters unless
otherwise defined therein, shall mean the local
16 election to be held on
the first Monday of April in every odd
17 numbered year. As used in this act:
18 (a) "Special election" means an election to elect an
19 individual to, or nominate an individual for, a partial term in
20 office or to submit a ballot question to the electors.
21 (b) "Special primary" means a primary called by competent
22 authority for the nomination of candidates to be voted for at a
23 special election.
24 (c) "Village" is defined in section 9.
25 Sec. 192. A
general primary election of all political
26 parties shall be held
in every county of this state on the
27 Tuesday succeeding the
first Monday in August preceding the
1 general November
election at which the officers named in section
2 191 of this act are to
be elected Candidates for
election to the
3 offices named in section 191 shall be nominated at the odd year
4 primary election, at which time the qualified and registered
5 electors of each political party may vote for party candidates
6 for the offices. This
section shall does not apply to parties
7 required to nominate candidates at caucuses or conventions.
8 Sec. 193. (1) To
obtain the printing of For the name of a
9 person to appear as a candidate for nomination by a political
10 party for an office named in section 191 under a particular party
11 heading upon on
the official primary ballots ballot, there
12 a nominating petition shall be filed with the county clerk
13 nominating petitions signed by a number of qualified and
14 registered electors residing within the county as determined
15 under section 544f. Nominating petitions shall be in the form
16 prescribed in section
544c. The county clerk shall receive
17 nominating petitions up
to shall be filed with the county clerk
18 not later than 4 p.m. of
the twelfth Tuesday preceding before
19 the August primary odd
year primary election.
20 (2) To obtain the
printing of the name of a candidate of a
21 political party under
the particular party's heading upon the
22 primary election
ballots in the various voting precincts of the
23 county, there may be
filed by the candidate, in lieu Instead
of
24 filing nomination petitions, the candidate may pay a filing fee
25 of $100.00 to be paid
to the county clerk. Payment of the fee
26 and certification of the
candidate's name paying the fee shall
27 be is governed by the same provisions as in
the case of for
1 nominating petitions. The fee shall be deposited in the general
2 fund of the county and shall be refunded to candidates who are
3 nominated and to an equal number of candidates who receive the
4 next highest number of votes in the primary election. If 2 or
5 more candidates tie in having the lowest number of votes allowing
6 a refund, the sum of $100.00 shall be divided among them. The
7 deposits of all other
defeated candidates, as well as and the
8 deposits of candidates who withdraw or are disqualified, shall be
9 forfeited and the candidates shall be notified of the
10 forfeiture. Deposits
forfeited under this section shall be paid
11 into and credited to deposited in the general fund of the
12 county.
13 Sec. 197. The candidates of each political party for the
14 offices named in section 191 of this act receiving the greatest
15 number of votes cast for said
the offices, as set forth in the
16 reports of the board of county canvassers, based on the returns
17 from the various election
precincts, or as determined by said
18 the board of county
canvassers as the result of a recount, shall
19 be declared are the nominees of that political party for said
20 those offices at the next
ensuing November odd year general
21 election. The board of
county canvassers shall forthwith
22 immediately certify such
the nominations to the county election
23 commission.
24 Sec. 200. (1) A county clerk, a county treasurer, a
25 register of deeds, a prosecuting attorney, a sheriff, a drain
26 commissioner, and a
surveyor shall be elected at the 2000
27 general November 2005 odd year general election and every
fourth
1 year after that. However, in a county in which 1 of these
2 offices is abolished or
combined as provided by law, no a
3 person shall not be elected to that office in that county. The
4 term of an officer listed in this subsection who was elected at
5 the 2000 general election is extended until a successor is
6 elected and qualified at the 2005 odd year general election.
7 (2) Subject to subsections (3), (4), and (5), a county board
8 of commissioners may by resolution combine the offices of county
9 clerk and register of deeds in 1 office of the clerk register or
10 separate the office of the clerk register into the offices of
11 county clerk and register of deeds. A combination or separation
12 of offices shall not take effect before the expiration of the
13 current term of the affected offices.
14 (3) Before adopting a resolution to combine the offices of
15 county clerk and register of deeds or separate the office of
16 clerk register into the offices of county clerk and register of
17 deeds, a county board of commissioners shall study the question
18 of combining or separating the offices. The mandatory
19 requirements of this subsection may be satisfied by conducting a
20 public hearing pursuant
to as provided in subsection (4).
21 (4) The county board of commissioners as a whole body shall
22 hold not less than 1 public hearing, held subject to the open
23 meetings act, 1976 PA 267, MCL 15.261 to 15.275, on the question
24 of combining or separating the offices of county clerk and
25 register of deeds. The county board of commissioners may vote on
26 the question as a regularly scheduled agenda item not less than
27 10 days or more than 30 days after the last public hearing held
1 by the county board of commissioners on the question.
2 (5) Not later than the sixth Tuesday before the deadline for
3 filing the nominating petitions for the office of county clerk,
4 register of deeds, or clerk register, the county board of
5 commissioners may by a vote of 2/3 of the commissioners elected
6 and serving combine the offices of county clerk and register of
7 deeds or separate the office of the clerk register. The
8 resolution shall
become is effective upon the commencement of
9 the next term of office of the county clerk, register of deeds,
10 or clerk register after the adoption of the resolution.
11 Sec. 209. If a vacancy occurs in an elective or appointive
12 county office, it shall be filled in the following manner:
13 (1) If the vacancy is in the office of county clerk or
14 prosecuting attorney, it shall be filled by appointment by the
15 judge or judges of that judicial circuit.
16 (2) If the vacancy is
in any other another county office,
17 the presiding or senior judge of probate, the county clerk, and
18 the prosecuting attorney shall appoint a suitable person to fill
19 the vacancy.
20 (3) A person appointed shall take and subscribe to the oath
21 as provided in section 1 of article XI of the state constitution
22 of 1963, give bond in the manner required by law, and hold office
23 for the remainder of the unexpired term and until a successor is
24 elected and qualified.
However, if the next general November
25 odd year general election is to be held more than 182 days after
26 the vacancy occurs, and
it is not the general November odd year
27 general election at which a successor in office would be elected
1 if there were no vacancy, the person appointed shall hold office
2 only until a successor is
elected at the next general November
3 odd year general election in the manner provided by law and
4 qualifies for office. The successor shall hold the office for
5 the remainder of the unexpired term.
6 Sec. 223. A
primary of all political parties shall be held
7 on the Tuesday
succeeding the first Monday in August preceding
8 the general November
election in the year 1956 and every fourth
9 year thereafter Candidates for county auditor shall be nominated
10 at the odd year primary election, at which time the qualified and
11 registered electors of each political party may vote for party
12 candidates for nomination
for the office of county auditor. A
13 primary of all
political parties shall be held on the third
14 Monday in February
preceding the general April election in the
15 year 1957 and every
fourth year thereafter, and in the year 1959
16 and every fourth year
thereafter, at which time the qualified and
17 registered electors of
each political party may vote for party
18 candidates for
nomination for the office of county auditor:
19 Provided, That this
section shall This section does
not apply to
20 parties required to nominate candidates at conventions.
21 Sec. 231. A county
auditor shall be elected at the general
22 November election in the
year 1956 2005 odd year general
23 election and every fourth
year thereafter, and in counties
24 electing a county
auditor in the spring, a county auditor shall
25 be elected at the
biennial spring election after
that. The term
26 of an elected county auditor whose term ends within 4 years
27 before the 2005 odd year general election is extended until a
1 successor is elected and qualified at the 2005 odd year general
2 election.
3 Sec. 239. If a vacancy occurs in the office of county
4 auditor, a qualified person shall be appointed to fill the
5 vacancy by a committee consisting of the presiding or senior
6 judge of probate, the county clerk, and the prosecuting attorney
7 of the county, 2 of whom shall constitute a quorum. The person
8 appointed shall take the oath of office, as provided in section 1
9 of article XI of the state constitution of 1963, give bond in the
10 manner required by law, and hold office for the remainder of the
11 unexpired term and until a successor is elected and qualified.
12 However, if the next general
November odd year general election
13 is to be held more than 182 days after the vacancy occurs, and it
14 is not the general
November odd year general election at which
15 a successor in office would be elected if there were no vacancy,
16 the person appointed shall hold office only until a successor is
17 elected at the next general
November odd year general election
18 in the manner provided by law and qualifies for office. The
19 successor shall hold the office for the remainder of the
20 unexpired term.
21 Sec. 253. A
general primary election of all political
22 parties shall be held
on the Tuesday succeeding the first Monday
23 in August preceding
every general November election in which
24 county road
commissioners are elected Candidates
for county road
25 commissioners shall be nominated at the odd year primary
26 election, at which time the qualified and registered electors of
27 each political party may vote for party candidates for the office
1 of county road commissioner.
2 Sec. 258. The candidate of each political party for the
3 office of county road commissioner receiving the greatest number
4 of votes cast for
candidates for said that office, as set forth
5 in the report of the board of county canvassers, based on the
6 returns from the various election precincts, or as determined by
7 said the board of canvassers as the result
of a recount, shall
8 be declared is the nominee of that political party for said
9 the office at the next
ensuing November odd year general
10 election, and the board
of county canvassers shall forthwith
11 immediately certify such
the nomination to the county election
12 commission.
13 Sec. 269. If a vacancy occurs in the office of county road
14 commissioner, a qualified person shall be appointed to fill the
15 vacancy by the county
board of commissioners. The person so
16 appointed shall take the oath of office, give bond in the manner
17 required by law, and hold office for the remainder of the
18 unexpired term and until a successor is elected and qualified.
19 However, in a county in which county road commissioners are
20 elected, if the next general
November odd year general election
21 is to be held more than 182 days after the vacancy occurs, and it
22 is not the general
November odd year general election at which
23 a successor in office would be elected if there were no vacancy,
24 the person appointed shall hold office only until a successor is
25 elected at the next general
November odd year general election
26 in the manner provided by law and qualifies for office. The
27 successor shall hold the office for the remainder of the
1 unexpired term.
2 Sec. 282. At its fall
spring state convention, each
3 political party may nominate 2 candidates for membership on the
4 board of regents of the University of Michigan, 2 candidates for
5 membership on the board of trustees of Michigan State University,
6 and 2 candidates for membership on the board of governors of
7 Wayne State University. Nomination
to membership on the board
8 of regents of the
University of Michigan shall occur in 1966 and
9 every second year
thereafter. Nomination to the board of
10 trustees of Michigan
State University and to the board of
11 governors of Wayne
State University shall occur in 1964 and every
12 second year
thereafter.
13 Sec. 282a. At
its fall state convention of 1964, each
14 political party may
nominate 8 candidates for membership on the
15 state board of
education. Two candidates shall be nominated for
16 2-year terms, 2 for
4-year terms, 2 for 6-year terms and 2 for
17 8-year terms. At its fall spring state convention,
of 1966,
18 and every 2 years
thereafter, each political party may
nominate
19 2 candidates for membership on the state board of education.
20 Sec. 283. Not more than 24 hours after the conclusion of
21 the fall spring
state convention, the state central committee
22 of each political party shall canvass the proceedings of the
23 convention and determine the nominees of the convention for
24 membership on the state board of education, the board of regents
25 of the University of Michigan, the board of trustees of Michigan
26 State University, and the board of governors of Wayne State
27 University. Not more than 1 business day after the conclusion of
1 the state convention, the chairperson and secretary of the state
2 central committee shall forward by registered or certified mail
3 to the secretary of state
and to the board of election
4 commissioners of each
county, in care of the county clerk at the
5 county seat, a copy of the vignette adopted by the state central
6 committee and a typewritten or printed list of the names and
7 residence, including the street address if known, of the
8 candidates nominated at the convention for the offices specified
9 in this section. The secretary of state shall forward a copy of
10 a list received under this section to the board of election
11 commissioners of each county, in care of the county clerk at the
12 county seat.
13 Sec. 286. Two members of the board of regents of the
14 University of Michigan
shall be elected at the general election
15 in 1966 and in every
general election thereafter. Two members of
16 the board of trustees
of Michigan State University and 2 members
17 of the board of
governors of Wayne State University shall be
18 elected at the general
election in 1964 and in every general
19 election thereafter University of Michigan, 2 members of the
20 board of trustees of Michigan State University, and 2 members of
21 the board of governors of Wayne State University shall be elected
22 at the 2005 education election day and at each education election
23 day after 2005. The term of a member of a university board named
24 in this section is extended until a successor is elected and
25 qualified at the education election day immediately following the
26 date on which that term would have ended but for the amendments
27 to this act made by the amendatory act that added section 644.
1 Sec. 286a. Eight
members of the state board of education
2 shall be elected at
the general election in 1964. Two members
3 shall be elected for
2-year terms, 2 for 4-year terms, 2 for
4 6-year terms, and 2
for 8-year terms. Two members of the
state
5 board of education shall be elected for 8-year terms at the
6 general election in
1966 and in every general election
7 thereafter 2005 education election day and at each education
8 election day after 2005. The term of a member of the state board
9 of education is extended until a successor is elected and
10 qualified at the education election day immediately following the
11 date on which that term would have ended but for the amendments
12 to this act made by the amendatory act that added section 644.
13 Sec. 289. Subject to section 286 or 286a, the term of
14 office of members of the state board of education, the board of
15 regents of the University of Michigan, the board of trustees of
16 Michigan State University, and the board of governors of Wayne
17 State University shall
be is 8 years and shall begin begins
18 at 12 noon on January 1 next following their election. The terms
19 of office of members of said
those boards shall continue until
20 a successor is elected and qualified.
21 Sec. 321. (1) Except as provided in subsection (3) and
22 section sections 327, 641, and 644g, the
qualifications,
23 nomination, election, appointment, term of office, and removal
24 from office of any a
city officer shall be in accordance with
25 the charter provisions governing the city. A city may provide in
26 its charter for an annual regular election to be held on the
27 November regular election date.
1 (2) Within 3 days after the last day on which a candidate for
2 a city office may withdraw, the city clerk shall deliver to the
3 county clerk of the county in which the city is located a list
4 setting forth the name and address of each candidate for a city
5 office.
6 (3) If the membership of the legislative body of a city
7 governed by the home rule
city act, Act No. 279 of the Public
8 Acts of 1909, being
sections 117.1 to 117.38 of the Michigan
9 Compiled Laws 1909 PA 279, MCL 117.1 to 117.38, is reduced
to
10 less than a quorum, unless another method of appointing members
11 of the legislative body is provided by the city charter, members
12 of the legislative body shall
be are appointed as provided in
13 this subsection. The board of county election commissioners of
14 the county in which the largest portion of the population of the
15 city resides as
reported by the last decennial census shall
16 appoint the number of members of the legislative body required to
17 constitute a quorum for the transaction of business by the
18 legislative body. A member of the legislative body appointed
19 under this subsection shall hold the office only until the
20 member's successor is
elected and qualified. Unless otherwise
21 provided by charter,
the successor shall be elected at the next
22 regular election for a
member of the legislative body or, if a
23 regular election is
not scheduled to be held within 90 days after
24 the appointment is
made under this subsection, the legislative
25 body shall call a
special election for the successor to be held
26 within 90 days after
the appointment is made. In either case,
27 the successor shall
serve for the balance of the unexpired term.
1 A member who is appointed under this subsection shall not vote on
2 the appointment of himself or herself to an elective or
3 appointive city office.
4 (4)
Notwithstanding any other another provision of law or
5 charter to the contrary, an appointment to an elective or
6 appointive city office made by a quorum constituted by
7 appointments under this subsection
shall expire section expires
8 upon the election and qualification of a sufficient number of
9 members of the legislative body so that the elected members
10 constitute a quorum.
11 Sec. 322. To
obtain the printing of For the name of a
12 candidate of a political party for a city office, including a
13 ward office, to appear under the particular party heading on the
14 official primary election
ballots ballot for use in the city,
15 there a nominating petition shall be filed with the
city clerk,
16 of the city not later than 4 p.m. on the twelfth Tuesday
17 preceding the August
primary, or not later than 4 p.m. on the
18 seventh Monday
preceding the primary election provided to be held
19 on the third Monday in
February, before the odd year
primary
20 election. The nominating
petitions petition shall have been
21 signed by a number of qualified and registered electors of the
22 political party who reside in the city or ward as determined
23 under section 544f. This section does not apply to a city the
24 charter of which provides for a different method of nominating
25 candidates for public
office. The form of the nominating
26 petition shall be as in
the form provided in section 544c.
27 Sec. 345. A primary of all political parties shall be held
1 in every each
organized township of this state on the Tuesday
2 succeeding the first
Monday in August preceding every general
3 November at the odd year primary election, at which
time for
4 the qualified and registered electors of each political party
5 may to vote for party candidates for township
offices.
6 Sec. 348. The township board, not less than 40 days prior
7 to the holding of the
primary herein provided for in this act,
8 shall issue a call for such
the primary designating the time
9 and place thereof of
the primary and shall give notice of the
10 same primary by publishing a copy of such the
call in some
11 a newspaper of general
circulation in the township. , and if
12 deemed advisable by
the The township board may
give notice of
13 the primary by the posting
of the number of notices that the
14 board shall designate
designates in conspicuous places. In
15 townships having less than 200 registered voters, the township
16 board may provide that for elections at which no township
17 question is to be submitted notices of the election shall be by
18 posting, as herein
provided, in lieu instead of by publishing.
19 The time of holding
such primary in townships shall be on the
20 third Monday in
February preceding each biennial spring
21 election.
22 Sec. 358. (1) In
every township, there shall be a general
23 November election in
each even-numbered year for the election of
24 officers and the
submission of propositions, as provided by law.
25 At the 1980 general
November at the 2005 odd year
general
26 election, there shall be elected by ballot all of the following
27 township officers:
1 (a) A supervisor.
2 (b) A clerk.
3 (c) A treasurer.
4 (d) Two trustees.
5 (e) Not more than 4 constables.
6 (f) If authorized by law and after a township takes the
7 actions provided in section 11 of 1877 PA 164, MCL 397.211, 6
8 free public library directors.
9 (g) If a township takes the actions provided in section 1 of
10 former 1931 PA 271 or section 6 of 1905 PA 157, MCL 41.426, the
11 number of park commission members provided for under section 6 of
12 1905 PA 157, MCL 41.426.
13 (2) Except as otherwise provided in this subsection, the
14 order of offices on the township portion of the ballots shall be
15 the same as the order in which the officers are listed in
16 subsection (1). Free public library directors shall be listed on
17 the nonpartisan portion of the ballot.
18 (3) Subject to the limitation in subsection (1), the number
19 of constables to be elected at the 1992 general November election
20 and each general
November odd year general election at which
21 township offices are
regularly to be elected after 1992 2005
22 shall be determined by the township board by resolution not less
23 than 6 months before the township primary election preceding the
24 general November odd year general election. The resolution
25 that specifies the number of constables to be elected applies in
26 that township until a subsequent resolution is adopted altering
27 that number. If a determination as to the number of constables
1 to be elected is not made by the township board by the deadline
2 under this subsection for the 1992 general election, the number
3 of constables to be elected shall be the same number that was
4 elected in that township in the 1988 general November election
5 until a resolution is adopted to provide for the election of a
6 different number of constables.
7 (4) In a township having a population of 5,000 or more, or
8 having 3,000 or more qualified and registered electors as shown
9 by the registration records at the close of registration for the
10 last preceding general
November odd year general election,
11 there may be elected 4 trustees. In other townships there shall
12 be 2 trustees. A township shall not elect 4 trustees unless the
13 election of additional
trustees is approved by the voters at a
14 general November an odd year general election or by a majority
15 of the voters attending at an annual meeting. The township board
16 of a township having a population of 5,000 or more, or having
17 3,000 or more qualified and registered electors, shall cause the
18 question of electing additional trustees to be voted on at the
19 first general
November odd year general election or annual
20 meeting following the township's qualifying for additional
21 trustees. If a majority of the electors voting on the question
22 vote in favor of electing 4 trustees, the township shall
23 thereafter elect 4 trustees. If a majority of the electors
24 voting on the question do not vote in favor of electing 4
25 trustees, the township board may resubmit the question at a
26 subsequent general
November odd year general election or annual
27 meeting or the question
shall be submitted at the first general
1 November odd year general election or annual meeting
held not
2 less than 84 days following the submission of a petition
3 containing the signatures of not less than 10% of the registered
4 and qualified electors of the township, as shown by the
5 registration records at the close of registration for the last
6 general November odd year general election, asking that the
7 question be submitted.
8 (5) At the first general
November odd year general election
9 in a township held not less than 4 months after the provisions of
10 this section relative to additional trustees are adopted by a
11 township, there shall be elected the number of trustees necessary
12 to make a total of 4 trustees. If the additional trustees are
13 elected at a general
November an odd year general election that
14 is not a regular township election, the additional trustees shall
15 hold office only until a successor is elected at the next regular
16 township election and qualifies for office.
17 (6) This section does not prohibit townships electing 4
18 trustees as of September 13, 1958 from continuing to do so.
19 Sec. 358a. The township board of a township may call a
20 special election to be held in the township for the purpose of
21 submitting any a
proposition or propositions to the electors of
22 the township. A special
election shall not be held within 30
23 days before or after a
regular township or state primary or
24 general election on a regular election date. Notice of the
25 special election shall be
given in the same manner now required
26 of regular elections
held under this act by section
653a.
27 Sec. 362. (1) The term of office of township trustees
1 elected in 1978 shall
be is 2 years. The term of office of all
2 township officers listed
in section 358 shall be is 4 years
3 beginning in the 1980 general election, and in all subsequent
4 elections at which township officials are elected. All township
5 officers' terms shall commence at 12 noon on November 20 next
6 following their election and they shall qualify before assuming
7 the duties of their office. Each township officer shall hold
8 office until a successor is elected and qualified, but not beyond
9 January 1 following the election. Failure of an elected township
10 official to qualify by January 1 following the official's
11 election shall create a
vacancy which that shall be filled as
12 provided in section 370.
All elective township officers , other
13 than those listed in
section 358, shall be elected at the
14 November odd year general election immediately
preceding the
15 expiration of their term and shall commence the duties of their
16 office on November 20 but not before they qualify following their
17 election.
18 (2) A township officer elected in the general election shall
19 remain in office for the full term if the officer failed to take
20 the oath of office within the time prescribed by law and was
21 subsequently appointed by the township board to the office for
22 which the officer ran. The term of a township officer is
23 extended until a successor is elected and qualified at the odd
24 year general election immediately following the date on which
25 that term would have ended but for the amendments to this act
26 made by the amendatory act that added section 644.
27 Sec. 370. (1) Except as provided in subsection (2), if a
1 vacancy occurs in an elective or appointive township office, the
2 vacancy shall be filled by appointment by the township board, and
3 the person appointed shall hold the office for the remainder of
4 the unexpired term.
5 (2) If 1 or more vacancies occur in an elective township
6 office that cause the number of members serving on the township
7 board to be less than the minimum number of board members that is
8 required to constitute a quorum for the transaction of business
9 by the board, the board of county election commissioners shall
10 make temporary appointment of the number of members required to
11 constitute a quorum for the transaction of business by the
12 township board. An official appointed under this subsection
13 shall hold the office only until the official's successor is
14 elected or appointed and qualified. An official who is
15 temporarily appointed under this subsection shall not vote on the
16 appointment of himself or herself to an elective or appointive
17 township office.
18 (3) If a township official submits a written resignation from
19 an elective township office, for circumstances other than a
20 resignation related to a
recall election, which that specifies
21 a date and time at
which when the resignation is effective, the
22 township board, within 30 days before that effective date and
23 time, may appoint a person to fill the vacancy at the effective
24 date and time of the resignation. The resigning official shall
25 not vote on the appointment.
26 (4) Except as provided in subsection (5), if the township
27 board does not make an appointment under subsection (3), or if a
1 vacancy occurs in an elective township office and the vacancy is
2 not filled by the township board or the board of county election
3 commissioners within 45 days after the beginning of the vacancy,
4 the county clerk of the county in which the township is located
5 shall notify the governor of the fact. The governor shall call a
6 special election to fill the vacancy. The governor shall provide
7 for the date for the
filing of the petitions, which and that
8 date shall also be the last date to register for the special
9 primary election. Notwithstanding
section 358a, the special
10 primary or special
general election may be held within 60 days of
11 a state primary or a
state general election. A special
primary
12 or election called by the governor under authority of this
13 section shall does
not affect the rights of a qualified elector
14 to register for any other election. A person elected to fill a
15 vacancy shall serve for the remainder of the unexpired term.
16 (5) Subsection (4) shall
does not apply to the office of
17 township constable. If a vacancy occurs in the office of
18 township constable, the township board shall determine if and
19 when the vacancy shall be filled by appointment. If the township
20 board does not fill the vacancy by appointment, the office of
21 township constable shall remain vacant until the next general or
22 special election in which
the township offices are filled.
23 Sec. 370a. Notwithstanding the provisions of section 370,
24 if a vacancy occurs in an elective or appointive township office,
25 which the vacancy is filled by appointment by the
township
26 board or the board of county election commissioners, and the next
27 general November odd year general election is to be held more
1 than 182 days after the vacancy
occurs, which election and is
2 not the general
November odd year general election at which a
3 successor in office would be elected if no vacancy, then the
4 person appointed shall hold office only until a successor is
5 elected at the next general
November odd year general election
6 in the manner provided by law and qualifies for office. The
7 successor shall hold the office for the remainder of the
8 unexpired term.
9 Sec. 381. (1) Except
as provided in subsection (3) (2)
10 and section sections
383 and 641, the qualifications,
11 nomination, election, appointment, term of office, and removal
12 from office of a village
officer shall be pursuant to as
13 determined by the charter provisions governing the village. A
14 village may provide in its charter for an annual regular election
15 to be held on the November regular election date.
16 (2) Within 3 days
after the last day on which a candidate
17 for a village office
may withdraw, the village clerk shall
18 deliver to the county
clerk of the county in which the village is
19 located, a list
setting forth the name and address of each
20 candidate for a
village office.
21 (2) (3) If
the membership of the village council of a
22 village governed by Act
No. 3 of the Public Acts of 1895, being
23 sections 61.1 to 74.22
of the Michigan Compiled Laws the
general
24 law village act, 1895 PA 3, MCL 61.1 to 74.25, is reduced to less
25 than a quorum of 4 and a special election for the purpose of
26 filling all vacancies in the office of trustee is called under
27 section 13 of Act No.
3 of the Public Acts of 1895, being
1 section 62.13 of the
Michigan Compiled Laws chapter II
of the
2 general law village act, 1895 PA 3, MCL 62.13, temporary
3 appointments of trustees shall be made as provided in this
4 subsection. The board of county election commissioners of the
5 county in which the largest portion of the population of the
6 village is situated as
reported by the last decennial census
7 shall make temporary appointment of the number of trustees
8 required to constitute a quorum for the transaction of business
9 by the village council. A trustee appointed under this
10 subsection shall hold the office only until the trustee's
11 successor is elected and qualified. A trustee who is temporarily
12 appointed under this subsection shall not vote on the appointment
13 of himself or herself to an elective or appointive village
14 office.
15 (3)
Notwithstanding any other another provision of law or
16 charter to the contrary, an appointment to an elective or
17 appointive village office made by a quorum constituted by
18 temporary appointments
under this subsection shall expire
19 expires upon the election and qualification of trustees under the
20 special election called to fill the vacancies in the office of
21 trustee.
22 Sec. 382. If the
charter of a village does not specify the
23 time, manner, and
means of nominating and electing its public
24 officers, the A village shall nominate and elect its
officers in
25 accordance with the provisions governing the selection of
26 township officers, as
provided in chapter XVI. 16 of this act,
27 except that nomination
by caucus or primary shall occur on the
1 third Monday in
February and village elections shall be held on
2 the second Monday in
March biennially in even numbered years or
3 annually as provided
in section 5 of chapter 2 of Act No. 3 of
4 the Public Acts of
1895, being section 62.5 of the Michigan
5 Compiled Laws.
6 Sec. 412. A
general nonpartisan primary election shall be
7 held in every county
of this state on the Tuesday succeeding the
8 first Monday in August
prior to the general election at which
9 judges of the circuit
court are elected Candidates for
judge of
10 the circuit court shall be nominated at the odd year primary
11 election, at which time the qualified and registered electors may
12 vote for nonpartisan candidates for the office of circuit court
13 judge. of the
circuit court. If, upon the expiration of the
14 time after the deadline for filing petitions or
incumbency
15 affidavits of candidacy
for the primary election of said judge
16 of the for circuit court judge in any a
judicial circuit, it
17 shall appear that there are not to exceed more than
twice the
18 number of candidates as there are persons to be elected, then the
19 secretary of state shall certify to the county board of election
20 commissioners the name of
such the candidate for circuit court
21 judge whose petitions or affidavits have been properly filed, and
22 such the candidate shall be is the
nominee for the judge of
23 the circuit court.
and shall be so certified. As to such For
24 that office, there shall not
be no a primary election and
25 this that office shall be is omitted
from the judicial
26 primary ballot.
27 Sec. 416. (1) Except as otherwise provided in this section,
1 a judge or judges of the circuit court shall be elected in each
2 judicial circuit at the odd year general election in which judges
3 of the circuit court are to be elected as provided by law.
4 (2) If there are fewer nominees for the office of circuit
5 court judge of the
circuit court than there are persons to be
6 elected at the general
November odd year general election
7 because of the death or disqualification of a nominee less than
8 66 days before the general
November odd year general election,
9 then a person shall not
be elected at that general November odd
10 year general election to any
an office of circuit court judge
11 of the circuit court for which there is no nominee.
12 Sec. 432. A
general nonpartisan primary election shall be
13 held in every county
of this state on the Tuesday succeeding the
14 first Monday in August
preceding every general November election
15 at which judges of
probate are to be elected Candidates
for
16 judge of probate shall be nominated at the odd year primary
17 election, at which time the qualified and registered electors may
18 vote for nonpartisan candidates for the office of probate court
19 judge. of
probate. If, upon the expiration of the time after
20 the deadline for filing petitions or incumbency affidavits of
21 candidacy for the primary
election of said probate judges in
22 any a county, it shall appear that there
are not to exceed
23 more than twice the number of candidates as there are persons to
24 be elected, then the county clerk shall certify to the county
25 board of election
commissioners the name of such the candidate
26 for probate judge whose petitions have been properly filed and
27 such the candidate shall be is the
nominee for the judge of
1 probate court judge.
and shall be so certified. As to such For
2 that office, there shall not
be no a primary election and
3 this that office shall be is
omitted from the judicial
4 primary ballot.
5 Sec. 467a. Except
as provided in section 467n, a general
6 nonpartisan primary
election shall be held in every district and
7 election division of
this state on the Tuesday succeeding the
8 first Monday in August
prior to the general election at which
9 judges of the district
court are elected Candidates for
district
10 court judge shall be nominated at the odd year primary election,
11 at which time the qualified and registered electors may vote for
12 nonpartisan candidates
for district court judge. of the district
13 court. If, upon the expiration of the time after
the deadline
14 for filing petitions of candidacy for the primary election of the
15 district court judge of
the district court in any a district
16 or election division, it
appears that there are not to exceed
17 more than twice the number of candidates as there are persons to
18 be elected, the secretary of state shall certify to the county
19 board of election commissioners the name of those candidates for
20 district court judge whose petitions or affidavits of candidacy
21 have been properly filed and those candidates shall be the
22 nominees for the judge of
the district court. and shall be so
23 certified. As to For that office, there shall not be a primary
24 election and this that
office shall be is omitted from the
25 judicial primary ballot.
26 Sec. 498. (1) The governing body of a township, city, or
27 village may provide by resolution that in that township, city, or
1 village the clerk shall be at the clerk's office, or in some
2 other convenient place designated by the clerk, during the hours
3 designated by the
governing body on the thirtieth day preceding
4 before an election or
primary election in the township, city,
5 or village, unless the thirtieth day falls on a Saturday, Sunday,
6 or legal holiday. ,
in which event If the thirtieth day falls
7 on a Saturday, Sunday, or legal holiday, registration shall be
8 accepted during the same hours on the following day.
9 (2) In a township, city, or village in which the clerk does
10 not maintain regular daily office hours, the township board or
11 the legislative body of the city or village may require that the
12 clerk of the township, city, or village shall be at the clerk's
13 office or other designated place for the purpose of receiving
14 applications for
registration on the days which that the board
15 or legislative body designates, but not more than 5 days before
16 the last day for registration.
17 (3) The clerk of each township, city, and village shall give
18 public notice of the days and hours that the clerk will be at the
19 clerk's office or other designated place for the purpose of
20 receiving registrations
before an election or primary election
21 by publication of the notice, except as provided in subsection
22 (4) and section 497(2), at least twice in a newspaper published
23 or of general circulation in the township, city, or village.
24 and, if considered
advisable by the The
township, city, or
25 village clerk , may
give notice of the election by posting
26 written or printed notices in at least 2 of the most conspicuous
27 places in each election precinct. Except as provided in
1 subsection (4), and
except for a notice of registration for a
2 special election held
pursuant to section 640, the first
3 publication or posting shall be made not less than 10 days before
4 the last day for receiving registrations. If the notice of
5 registration is for a special election for purposes of voting
6 upon a proposal, other
than a special election held pursuant to
7 section 640, the proposal as it will appear on the ballot shall
8 be stated in the notice.
9 (4) Notice of registration for a school millage election that
10 will be held pursuant
to under section 36 of the general
11 property tax act, Act
No. 206 of the Public Acts of 1893, as
12 amended, being section
211.36 of the Michigan Compiled Laws,
13 shall be 1893 PA 206, MCL 211.36, is required to be
published
14 only once and shall be made not less than 5 days before the last
15 day for receiving registrations as provided in section 497a.
16 (5) A county clerk may enter into an agreement with the clerk
17 of 1 or more townships or cities in the county or the clerks of 1
18 or more cities or townships in a county may enter into an
19 agreement to jointly publish the notice required in subsection
20 (3). The notice shall be published in a newspaper of general
21 circulation in the cities and townships listed in the notice.
22 Sec. 538. Primary election notices shall be published and
23 posted in the same
manner as nearly as may be as provided in
24 section 653 of this
act for elections 653a.
25 Sec. 570a. The
official primary odd year primary election
26 ballot shall include candidates for township offices. Township
27 offices and candidates
shall follow state and county offices
1 and candidates. Parties qualified to appear on the primary
2 ballot for state and county
offices and no others are qualified
3 to appear and have the names of their candidates printed on the
4 township portion of the primary ballot. Parties qualified to
5 nominate candidates for state
and county offices under the
6 provisions of section 685 and no others are qualified to nominate
7 candidates for township offices at the county caucuses provided
8 in section 686a.
9 All references in
the election law to a February primary
10 shall be deemed to be
references to the primary provided by the
11 election law to be
held in August prior to the general November
12 election and all
references to an April election shall be deemed
13 to be references to
the general November election.
14 Sec. 616a. (1) The board of state canvassers shall canvass
15 the returns received from the boards of county canvassers and
16 certify the statewide and congressional district results of the
17 presidential primary election to the secretary of state.
18 (2) The secretary of state shall certify the statewide and
19 congressional district results of the presidential primary
20 election to the chairperson of the state central committee of
21 each participating political party.
22 (3)
Notwithstanding sections 831 and 847 or an
23 administrative rule
promulgated pursuant to section 794c, after
24 the canvass by the
board of state canvassers under subsection
25 (1), the secretary of
state may authorize the immediate release
26 of all ballots, ballot
boxes, voting machines, and equipment used
27 in each precinct of a
city that conducts a city election in the
1 first week of April if
both of the following requirements are
2 met:
3 (a) The county
clerk certifies that no defect in or
4 mechanical malfunction
of a voting machine, voting device,
5 ballot, or other
election equipment or material was discovered or
6 alleged before the
date of the completion of the state canvass.
7 (b) The county
clerk certifies that no other election for
8 offices or questions
appeared on the same election equipment used
9 in the precinct for
the presidential primary election.
10 Sec. 635. It
shall be lawful to call a A special election
11 for the submission of any
a proposition on any regular or
12 special primary day may be held on a regular election date or in
13 conjunction with a special election or special primary.
14 Sec. 643. At the
general November elections each general
15 election, the following officers shall be elected when required
16 by law:
17 (a) Presidential electors.
18 (b) In the state at large, a governor and a lieutenant
19 governor, a secretary of state, and an attorney general.
20 (c) A United States senator.
21 (d) In each congressional district, a representative in
22 congress.
23 (e) In each state senatorial district, a state senator.
24 (f) In each state representative district, a representative
25 in the state legislature.
26 (g) Justices of the supreme court.
27 (h) Two members
of the state board of education, except as
1 provided in section
282a.
2 (i) Two regents of
the University of Michigan.
3 (j) Two trustees
of Michigan State University.
4 (k) Two governors
of Wayne State University.
5 (h) (l) In each county
or district, judges of the court
6 of appeals. ,
a judge or judges of the circuit court, a judge or
7 judges of probate, a
judge or judges of the district court, a
8 prosecuting attorney,
a sheriff, a treasurer, an auditor, a mine
9 inspector, a county
road commissioner, a drain commissioner, a
10 surveyor, and, subject
to section 200, a clerk and a register of
11 deeds or a clerk
register.
12 (m) Township
officers.
13 (i) (n)
Any other officers Unless specifically provided
14 otherwise in this act or another law of this state, any other
15 officer required by law to be elected.
16 Sec. 644. At the education election day, the following
17 officers shall be elected as required by law:
18 (a) Two members of the state board of education.
19 (b) Two regents of the University of Michigan.
20 (c) Two trustees of Michigan State University.
21 (d) Two governors of Wayne State University.
22 (e) Other officers as required by this act or another law of
23 this state.
24 Sec. 644c.
Notwithstanding any a law or charter to the
25 contrary, except for a charter provision requiring an annual
26 election on the November regular election date, the following
27 officers shall be elected at the odd year general election:
1 (a) All judicial officers other than justices of the supreme
2 court and judges of the
court of appeals. This provision shall
3 not be effective
unless a constitutional amendment authorizing
4 the election of judges
at odd numbered year elections is
5 adopted.
6 (b) All elective city, village, and township officers,
7 including municipal judges, except as otherwise provided in this
8 act.
9 Sec. 644e. All
officers Except for a nonpartisan office,
10 an officer required to be elected at the odd year general
11 election shall be
nominated at the odd year primary elections
12 except where a city
charter provides otherwise for city
13 officers. Where a
city election. Subject to
section 382, if a
14 charter provides for nomination by caucus or by filing a petition
15 or affidavit directly for the general election, or provides for
16 the election at the primary of a candidate who receives more than
17 50% of the votes cast for that office, the governing body by
18 ordinance may provide for a caucus date, filing date, or other
19 provisions to the extent necessary to be consistent with the odd
20 year general election requirement of this act and the intent of
21 the charter provisions.
22 Sec. 646a. (1) If
a local officer is to be elected at a
23 general November
election or on the first Monday of April in an
24 odd numbered year,
candidates for the local office shall be
25 nominated in the
manner provided by law or charter. If
the
26 candidates for a local
office are to be nominated at a fall
27 primary election, the primary shall be held on the same day as is
1 provided by law for holding the county or state primary election.
2 prior to such
election, except as provided in section 646b. If
3 the candidates are to
be elected in April, the primary shall be
4 held on the third
Monday in February. If candidates
for the
5 local office are to be nominated at caucuses, the caucuses shall
6 be held on a date prior to the date set for the above mentioned
7 primary election or on
the Saturday preceding before the day of
8 the primary election as determined by the local legislative body
9 at least 20 days preceding
before the date of the caucus. If
10 candidates are nominated by filing petitions or affidavits, they
11 shall be filed at a time provided by charter but not later than
12 the date of the primary. If a local primary election is to be
13 held on the same day as any
a state or county primary election,
14 the last day for local candidates to file nominating petitions
15 shall be is the same as the last date to file petitions
for
16 state and county offices. The names of all local candidates and
17 titles of office shall be certified to the county clerk by the
18 local clerk within 5 days after the last day for filing
19 petitions, and
certification of nominees shall be made to such
20 that clerk within 5 days after the date on which the primary or
21 caucus was held.
22 (2) If any local or county questions are to be voted on at
23 any a primary, special, or general election
at which state
24 officers are to be voted for, the ballot wording of the question
25 shall be certified to the local or county clerk at least 70 days
26 prior to such before the election. If the wording is
certified
27 to a clerk other than the county clerk, the clerk shall certify
1 the ballot wording to the
county clerk at least 68 days prior
2 to before the election. Petitions to place any
county or local
3 questions on the ballot at the election shall be filed with the
4 clerk at least 14 days before the date the ballot wording must be
5 certified to the local clerk.
6 (3) The provisions of this section apply notwithstanding any
7 provisions of law or charter to the contrary, unless an earlier
8 date for the filing of affidavits or petitions, including
9 nominating petitions, is
provided in any a law or charter, in
10 which case the earlier filing date is controlling.
11 Sec. 659. (1) If a county, city, ward, township, or village
12 is divided into 2 or more election precincts, the county, city,
13 ward, township, or village election commissioners may, by
14 resolution, consolidate the election precincts for a particular
15 election that is not a general November election, a primary
16 election immediately before a general November election, or other
17 statewide or federal election. In making the determination to
18 consolidate election precincts for a particular election, the
19 election commission shall take into consideration the number of
20 choices the voter must make, the percentage of registered voters
21 who voted at the last similar election in the jurisdiction, and
22 the intensity of the interest of the electors in the jurisdiction
23 concerning the candidates and proposals to be voted upon.
24 (2) A consolidation under this section shall be made not less
25 than 60 days before a primary, general, or special election.
26 (3) Unless the polling places for the election precincts to
27 be consolidated are located in the same building, when a county,
1 city, ward, township, or village consolidates election precincts
2 for a particular election under subsection (1), the election
3 commissioners or other designated election officials shall do
4 both of the following:
5 (a) Provide notice to the registered electors of the affected
6 election precincts of the consolidation of election precincts for
7 the particular election and the location of the polling place for
8 the election precinct or precincts for that election. Notice may
9 be provided by mail or other method designed to provide actual
10 notice to the registered electors.
11 (b) Post a written notice at each election precinct polling
12 place stating the location of the consolidated election precinct
13 polling place.
14 (4) If a county, city, ward, township, or village
15 consolidates election precincts under this section, each affected
16 election precinct shall be treated as a whole unit and shall not
17 be divided during the consolidation.
18 Sec. 697. At the general November election, the names of
19 the several offices
to be voted for shall be placed on the
20 ballot substantially in the following order in the years in which
21 elections for such those
offices are held: Electors electors
22 of president and vice-president of the United States; governor
23 and lieutenant governor; secretary of state; attorney general;
24 United States senator; representative in congress; and senator
25 and representative in the
state legislature. ; For the
26 education election day, the names of the offices to be voted for
27 shall be placed on the ballot substantially in the following
1 order in the years in which elections for those offices are
2 held: school board members; members of the state board of
3 education; regents of the University of Michigan; trustees of
4 Michigan State University; and governors of Wayne State
5 University. ; For
the odd year general election, the names of
6 the offices to be voted for shall be placed on the ballot
7 substantially in the following order in the years in which
8 elections for those offices are held: county executive;
9 prosecuting attorney; sheriff; clerk; treasurer; register of
10 deeds; auditor in counties electing an auditor; mine inspector in
11 counties electing a mine inspector; county road commissioners;
12 drain commissioners; coroners;
and surveyor. The following
13 township officers shall be placed on the same ballot as above
14 described in substantially the following order in the year in
15 which elections for such
those offices are held: supervisor,
16 clerk, treasurer, trustees, and constables.
17 Sec. 699. At the general November election, the names of
18 the several nonpartisan
offices to be voted for shall be placed
19 on a separate judicial ballot containing no party designation in
20 the following order: justices
of the supreme court , judges
21 of the justice and court of appeals , judges of
the judge in
22 the years in which they are elected. For the odd year general
23 election, the names of the nonpartisan offices to be voted for
24 shall be placed on a separate judicial ballot containing no party
25 designation in the following order: circuit court judge, judges
26 of the probate court judge, and circuit district
court
27 commissioners judge in the years in which they are elected.
1 Enacting section 1. Sections 5, 6, 8, 9a, 12, 282a, 325,
2 640, 644a, 644b, 644j to 646, and 646b of the Michigan election
3 law, 1954 PA 116, MCL 168.5, 168.6, 168.8, 168.9a, 168.12,
4 168.282a, 168.325, 168.640, 168.644a, 168.644b, 168.644j to
5 168.646, and 168.646b, are repealed.
6 Enacting section 2. This amendatory act takes effect
7 January 1, 2005.
8 Enacting section 3. This amendatory act does not take
9 effect unless all of the following bills of the 92nd Legislature
10 are enacted into law:
11 (a) Senate Bill No. _______ or House Bill No. 4830
12 (request no. 02321'03).
13 (b) Senate Bill No. _______ or House Bill No. 4831
14 (request no. 02322'03).
15 (c) Senate Bill No. _______ or House Bill No. 4829
16 (request no. 02324'03).
17 Enacting section 4. This amendatory act does not take
18 effect unless Senate Joint Resolution _____ or House Joint
19 Resolution I (request no. 02320'03) of the 92nd Legislature
20 becomes a part of the state constitution of 1963 as provided in
21 section 1 of article XII of the state constitution of 1963.