SB-0945, As Passed Senate, March 16, 2006

SUBSTITUTE FOR

SENATE BILL NO. 945

     A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 200 and 209 (MCL 168.200 and 168.209), section

200 as amended by 1998 PA 364 and section 209 as amended by 1990 PA

7.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 200. (1) A county clerk, a county treasurer, a register

of deeds, a prosecuting attorney, a sheriff, a drain commissioner,

and a surveyor shall be elected at the 2000 general November

election and every fourth year after that. However, in a county in

which 1 of these offices is abolished or combined or becomes an

appointed position as provided by law, no person shall be elected

to that office in that county.

     (2) Subject to subsections  (3), (4), and (5)  (4), (5), and

(6), a county board of commissioners may by resolution combine the

offices of county clerk and register of deeds in 1 office of the

clerk register or separate the office of the clerk register into

the offices of county clerk and register of deeds. A combination or

separation of offices shall not take effect before the expiration

of the current term of the affected offices.

     (3) Subject to subsections (4), (5), and (6), in a county with

a population of not less than 500,000 or more than 750,000, the

county board of commissioners may by resolution of the

commissioners elected and serving convert the position of drain

commissioner to an elected office or an appointed position. If the

position is appointed, the appointment shall be made by a 2/3

majority vote of the board of commissioners and shall be for a term

of 4 years. A resolution under this subsection shall not take

effect until there is a vacancy in the office of drain

commissioner.

(4)  (3) Before adopting a resolution  to combine the offices

of county clerk and register of deeds or separate the office of

clerk register into the offices of county clerk and register of

deeds  under subsection (2) or (3), a county board of commissioners

shall study the question of combining or separating the offices

under subsection (2) or creating an appointed position under

subsection (3). The mandatory requirements of this subsection may

be satisfied by conducting a public hearing  pursuant to  under

subsection  (4)  (5).

(5)  (4) The county board of commissioners as a whole body

shall hold not less than 1 public hearing, held subject to the open

meetings act, 1976 PA 267, MCL 15.261 to 15.275, on the question of

combining or separating the offices of county clerk and register of

deeds under subsection (2) or converting the position of drain

commissioner under subsection (3).  The  Except as provided under

subsection (6), the county board of commissioners may vote on the

question as a regularly scheduled agenda item not less than 10 days

or more than 30 days after the last public hearing held by the

county board of commissioners on the question.

(6)  (5) Not  The vote required under subsection (5) shall be

held not later than the sixth Tuesday before the deadline for

filing the nominating petitions for the office of drain

commissioner, county clerk, register of deeds, or clerk register  ,

the county board of commissioners may by a vote of 2/3 of the

commissioners elected and serving combine the offices of county

clerk and register of deeds or separate the office of the clerk

register  and shall require a vote of 2/3 of the county board of

commissioners elected and serving to pass the resolution. If the

next general election for drain commissioner in that county is the

2006 general November election, to fill a vacancy as provided in

section 209(d), the vote required under subsection (5) on

converting the position of county drain commissioner to an

appointed position under subsection (3) shall be held before the

deadline for filing nominating petitions for the office of drain

commissioner.

     (7) The resolution under subsection (2) shall become effective

upon the commencement of the next term of office of the county

clerk, register of deeds, or clerk register after the adoption of

the resolution.

     Sec. 209. If a vacancy occurs in an elective or appointive

county office, it shall be filled in the following manner:

(a)  (1) If the vacancy is in the office of county clerk or

prosecuting attorney, it shall be filled by appointment by the

judge or judges of that judicial circuit.

     (b) If the vacancy is in the office of county drain

commissioner, it shall be filled by appointment by a vote of 2/3 of

the county board of commissioners elected and serving under either

this section or section 200(3). This subdivision shall not be

construed to affect or limit the powers and duties of the county

board of commissioners otherwise provided by law regarding the

office of county drain commissioner.

(c)  (2) If the vacancy is in any other county office, the

presiding or senior judge of probate, the county clerk, and the

prosecuting attorney shall appoint a suitable person to fill the

vacancy.

(d)  (3) A person appointed shall take and subscribe to the

oath as provided in section 1 of article XI of the state

constitution of 1963, give bond in the manner required by law, and

hold office for the remainder of the unexpired term and until a

successor is elected and qualified.  However, if  If the next

general November election is to be held more than 182 days after

the vacancy occurs, and it is not the general November election at

which a successor in office would be elected if there were no

vacancy, the person appointed shall hold office only until a

successor is elected at the next general November election in the

manner provided by law and qualifies for office. The successor

shall hold the office for the remainder of the unexpired term.