January 11, 2006, Introduced by Senators TOY, HARDIMAN, GILBERT, SANBORN and McMANUS and referred to the Committee on Local, Urban and State Affairs.
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 500,000 or more, the county board of commissioners
may by resolution convert the position of drain commissioner from
an elected office to an appointed position. The appointment shall
be made by the board of commissioners. A resolution under this
subsection shall not take effect until there is an open 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 creating an appointed position
under subsection (3). 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 commissioners
elected and serving to pass the resolution.
(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 the majority
vote of the county board of commissioners 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.