February 7, 2007, Introduced by Rep. Rick Jones and referred to the Committee on Education.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 302 and 642a (MCL 168.302 and 168.642a), as
amended by 2005 PA 71.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 302. An individual is eligible for election as a school
board member if the individual is a citizen of the United States
and is a qualified and registered elector of the school district
the individual seeks to represent by the filing deadline. At least
1 school board member for a school district shall be elected at
each of the school district's regular elections held as provided in
section 642 or 642a. Except as otherwise provided in this section
or section 310 or 644g, a school board member's term of office is
prescribed by the applicable provision of section 11a, 617, 701, or
703 of the revised school code, 1976 PA 451, MCL 380.11a, 380.617,
380.701, and 380.703, or section 34, 34a, 41, 54, or 83 of the
community college act of 1966, 1966 PA 331, MCL 389.34, 389.34a,
389.41, 389.54, and 389.83. Except as provided in section 302a, if
a ballot question changing the number of school board members or
changing the terms of office for school board members pursuant to
section 11a of the revised school code, 1976 PA 451, MCL 380.11a,
is proposed and a school district needs a temporary variance from
the terms of office provisions in this act and the revised school
code, 1976 PA 451, MCL 380.1 to 380.1852, to phase in or out school
board members' terms of office, the school board shall submit the
proposed ballot question language and a proposed transition plan to
the secretary of state at least 30 days before the school board
submits the ballot question language to the school district
election coordinator pursuant to section 312. The secretary of
state shall approve or reject the proposed transition plan within
10 business days of receipt of the proposed transition plan. The
secretary of state shall approve the proposed transition plan if
the plan provides only temporary relief to the school district from
the terms of office provisions in this act and the revised school
code, 1976 PA 451, MCL 380.1 to 380.1852, until such time that the
terms of office for school board members can be made to comply with
this act and the revised school code, 1976 PA 451, MCL 380.1 to
380.1852. The school board shall not submit the proposed ballot
question language to the school district election coordinator
pursuant to section 312 until the proposed transition plan is
approved by the secretary of state. A school board member's term
begins on 1 of the following dates:
(a) If elected at an election held on a November regular
election date, January 1 immediately following the election.
(b) If elected at an election held on a May regular election
date, July 1 immediately following the election.
(c) If elected at an election held on an August regular
election date, October 1 immediately following the election.
Sec. 642a. (1) After December 31, 2004, a city council that
adopted a resolution so that its regular election is held on the
May regular election date may change its regular election to the
odd year general election by adopting a resolution in compliance
with section 642. If a city council adopts the resolution in
compliance with section 642 to hold its regular election at the odd
year general election, after December 31 of the year in which the
resolution is adopted, the city's regular election is at the odd
year general election.
(2) After December 31, 2004, a city council that holds its
regular election for city offices annually or in the even year on
the November regular election date may change its regular election
schedule to the odd year general election and the odd year primary
election by adopting a resolution in compliance with section 642.
If a city council adopts the resolution in compliance with section
642, the city's regular election is at the odd year general
election and its primary is at the odd year primary election.
(3) After December 31, 2004, a city council that adopted a
resolution so that its regular election primary is held at the
September primary election may change its regular election primary
to the odd year primary election by adopting a resolution in
compliance with section 642. If a city council adopts the
resolution in compliance with section 642 to hold its regular
election primary on the odd year primary election date, after
December 31 of the year in which the resolution is adopted, the
city's regular election primary is on the odd year primary election
date.
(4) After December 31, 2004, a school district's school board
that adopted a resolution so that its regular election is held on a
date other than at the odd year general election may change its
regular election to the odd year general election, the general
November election, the November regular election date in both even
and
odd years, or the odd year May regular election date, or the
even year August regular election date by adopting a resolution in
compliance with section 642. If a school board adopts the
resolution in compliance with section 642 to hold its regular
election at the odd year general election, the general November
election, the November regular election date in both even and odd
years,
or the odd year May regular election date, or the even year
August regular election date, after December 31 of the year in
which the resolution is adopted, the school board's school district
shall hold its regular election on the election date adopted in the
resolution.
(5) After December 31, 2004, a village council that adopted a
resolution so that its regular election is held on the September
primary election date may change its regular election to the
November regular election date by adopting a resolution in
compliance with section 642. If a village council adopts the
resolution in compliance with section 642 to hold its regular
election at the November regular election date, after December 31
of the year in which the resolution is adopted, the village's
regular election is at the November regular election date.