May 11, 2005, Introduced by Reps. McDowell, Mayes, Alma Smith, Dillon, Clemente, Gleason, Espinoza, Condino, Gillard, Brown, Adamini, Meisner, Sheltrown, Byrum, Kathleen Law and Miller and referred to the Committee on House Oversight, Elections, and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 642 and 644g (MCL 168.642 and 168.644g),
section 642 as amended by 2004 PA 292 and section 644g as amended
by 2004 PA 293, and by adding section 642c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 642. (1) Except as otherwise provided in this section and
section 642a, on the effective date of this act, a city shall hold
its regular election or regular primary election as follows:
(a) A city shall hold its regular election for a city office
at the odd year general election.
(b) A city shall hold its regular election primary at the odd
year primary election.
(c) A city that holds its regular election for a city office
annually or in the even year on the November regular election date
shall continue holding elections on that schedule.
(d) A city that holds its regular election primary for a city
office annually or in the even year on the August regular primary
election date shall continue holding primary elections on that
schedule.
(2) If, on September 1, 2004, a city holds its regular
election at other than a regular November election date, the city
council may choose to hold the regular election on the May regular
election date by adopting a resolution in compliance with this
section. Except as provided in section 642a, if a city council
adopts the resolution in compliance with this section to hold its
regular election on the May regular election date, after December
31, 2004, the city's regular election is on the May regular
election date. If a city's regular election is held on the May
regular election date, the city's regular election primary shall be
held on the February regular election date immediately before its
regular election.
(3) If, on September 1, 2004, a city holds its regular
election annually or in the even year on the November regular
election date, the city council may choose to hold the regular
election at the odd year general election by adopting a resolution
in compliance with this section. Except as provided in section
642a, if a city council adopts the resolution in compliance with
this section to hold its regular election at the odd year general
election, after December 31, 2004, the city's regular election is
at the odd year election. If a city's regular election is held at
the odd year general election, the city's regular election primary
shall be held at the odd year primary election.
(4) If, on September 1, 2004, a city holds its regular
election annually on the November regular election date, the city
council may choose to hold the regular election at the even year
general election by adopting a resolution in compliance with this
section. Except as provided in section 642a, if a city council
adopts the resolution in compliance with this section to hold its
regular election at the even year general election, after December
31, 2004, the city's regular election is at the even year election.
If a city's regular election is held at the even year general
election, the city's regular election primary shall be held at the
even year primary election.
(5) If, on September 1, 2004, a city holds its regular
election primary at the September primary election, the city
council may choose to continue holding its regular election primary
at the September primary election by adopting a resolution in
compliance
with this section. Except as provided in section
642a(2)
642a, if a city council adopts the resolution in
compliance with this section to hold its regular election primary
at the September primary election, after December 31, 2004, the
city's regular election primary is at the September primary
election.
(6) Except as otherwise provided in this section and section
642a, on September 1, 2004, a village shall hold its regular
election as follows:
(a) A village shall hold its regular election for a village
office at the general election and the appropriate township clerk
shall conduct the election.
(b) A village shall not hold a regular primary election.
(7) A village council may make a 1-time choice to hold the
regular election at the September primary election by adopting a
resolution in compliance with this section. Except as provided in
section 642a, if a village council adopts the resolution in
compliance with this section to hold its regular election at the
September primary election, after December 31, 2004, the village's
regular election is at the September primary election and the
village clerk shall conduct the election. The resolution may
provide for the terms of office and for staggered terms. If a
village's regular or special election is held in conjunction with
another election conducted by a township, the village shall pay the
township a proportionate share of the election expenses. If a
village's regular or special election is not held in conjunction
with another election conducted by a township, the village shall
pay the township 100% of the actual costs of conducting the
village's regular or special election. The township shall make
voting equipment available to a village if the village conducts an
election. If the village is located in more than 1 township, the
township with the largest number of village electors shall furnish
the voting equipment.
(8)
Except as otherwise provided in this section and section
sections 642a and 642c, beginning on September 1, 2004, a school
district shall hold its regular election for the office of school
board member at the odd year general election.
(9) If, on September 1, 2004, a school district holds its
regular election at other than the odd year general election, the
school district's school board may choose to hold its regular
election on 1 of the following by adopting a resolution in
compliance with this section:
(a) The odd year May regular election date.
(b) The November regular election date in both even and odd
years.
(c) The May regular election date in both even and odd years.
(10) A resolution permitted under this section or section 642a
is valid only if a city council, village council, or school board
adopts the resolution in compliance with all of the following:
(a) The resolution is adopted before 1 of the following:
(i) If the resolution is permitted under subsection (2), (3),
(4), (5), (7), or (9) of this section, January 1, 2005.
(ii) If the resolution is permitted under section 642a(1), (2),
or (3), January 1 of the year in which the change in the date of
the election takes effect.
(b) Before adopting the resolution, the council or school
board holds at least 1 public hearing on the resolution. The public
hearing may be held on the same day and immediately before
considering the adoption of the resolution.
(c) The council or school board gives notice of each public
hearing on the resolution in a manner designed to reach the largest
number of the jurisdiction's qualified electors in a timely
fashion, and the notice states at least the following, as
applicable:
(i) That the hearing is being held on the issue of whether to
schedule the city's regular election on the May regular election
date and that, if the resolution is not adopted, the city's regular
election will be held at the odd year general election.
(ii) That the hearing is being held on the issue of whether to
schedule the city's regular election primary at the September
primary election and that, if the resolution is not adopted, the
city's regular election primary will be held on the odd year
primary election.
(iii) That the hearing is being held on the issue of whether to
schedule the village's regular election at the September primary
election and that, if the resolution is not adopted, the village's
regular election will be held at the general election.
(iv) That the hearing is being held on the issue of whether to
schedule the school district's regular election at other than the
odd year general election and that, if the resolution is not
adopted, the school district's regular election will be held at the
odd year general election. The notice shall specifically state the
regular
election date permitted under subsection subsections (8)
and (9) on which the school board is proposing that the school
district's regular election be held.
(v) That the hearing is being held on the issue of whether to
schedule the school district's regular election at the odd year
general election and that, if the resolution is not adopted, the
school district's regular election will continue to be held on the
date on which it is currently being held.
(d) The council or school board votes on the resolution and,
on a record roll call vote, a majority of the council's or school
board's members, elected or appointed, and serving, adopt the
resolution.
(e) The council or school board files the resolution with the
secretary of state.
(11)
This section takes effect September 1, 2004.
Sec. 642c. (1) After December 31, 2004, a school district's
school board may choose to hold its regular election at the
November general election in even numbered years by adopting a
resolution in compliance with this section.
(2) A resolution permitted under this section is valid only if
a school board adopts the resolution in compliance with all the
following:
(a) Before adopting the resolution, the school board holds at
least 1 public hearing on the resolution. The public hearing may
be held on the same day and immediately before considering the
adoption of the resolution.
(b) The school board gives notice of each public hearing on
the resolution in a manner designed to reach the largest number of
the jurisdiction's qualified electors in a timely fashion. The
notice shall state that the hearing is being held on the issue of
whether to schedule the school district's regular election on the
November general election date in even numbered years and that, if
the resolution is not adopted, the school district's regular
election will continue to be held on the date on which it is
currently being held.
(c) The school board votes on the resolution and, on a record
roll call vote, a majority of the school board's members, elected
or appointed, and serving, adopt the resolution.
(d) The school board files the resolution with the secretary
of state.
(3) If a school board adopts a resolution in compliance with
this section, the school board's school district shall hold its
regular election at the November general election in even numbered
years.
Sec. 644g. (1) A term of office shall not be shortened by the
provisions of sections 641 to 644i. An officer scheduled by prior
law to be elected at a time other than the odd year general
election shall not be elected on the date scheduled but shall
continue in office until a successor takes office after being
elected in the first odd year general election following that date.
If the regular election date for holding a jurisdiction's regular
election
is changed under section 642, or 642a, or
642c, the term
of an official who was elected before the effective date of the
change continues until a successor is elected and qualified at the
next regular election.
(2) Notwithstanding a law or charter provision to the
contrary, an officer required to be elected at the odd year general
election, who by law or charter is elected for a term of an odd
number of years shall, after September 1, 2004, be elected for a
term of 1 year longer than provided by law or charter.
(3) In home rule cities where the charter provides for the
election of city officers at a time other than at the odd year
general election and provides that members of the governing body
are not all to be elected in the same year, the governing body by
ordinance adopted prior to April 1, 1971 may alter the length of
terms now provided by charter to provide that the city may continue
to elect part of the governing body at each election. A term shall
not be extended beyond January 1 following the first odd year
general election at which the officer would be elected as provided
by charter. A term shall not be for more than 4 years.