SB-0129, As Passed Senate, April 14, 2010

SUBSTITUTE FOR

SENATE BILL NO. 129

     A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending section 24a (MCL 168.24a), as amended by 1982 PA 154.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 24a. (1) A 4-member board of county canvassers is

established in every county in this state. All of the powers

granted to and duties required by law to be performed by all boards

of canvassers established by law, other than the board of state

canvassers, boards of city canvassers in cities having more than 5

precincts, boards of canvassers in counties having a population of

1,500,000 or more, and boards of township canvassers in townships

having more than 5 precincts, are granted to and required to be

performed by the board of county canvassers.

     (2) The board of county canvassers shall conduct all recounts

of elections in cities, townships, villages, school districts, or

any other districts and be vested with all of the powers and

required to perform all the duties in connection with any recount.

     (3) If a city, village, school district, or any other

district, other than a school district, lies in more than 1 county,

and a duty is to be performed by the board of county canvassers,

the board of county canvassers in the county in which the greatest

number of registered voters of the city, village, or district

resides at the close of registration for the election involved

shall perform the duty.

     (4) Except as otherwise provided in this subsection, if a

school district lies in more than 1 county, the board of county

canvassers for each county in which a portion of the school

district lies shall canvass that portion of a school district

election that is held in that county. If a school district election

precinct lies in more than 1 county, the board of county canvassers

of the county in which the largest number of registered electors of

that precinct reside shall canvass the results of that precinct.

Notwithstanding the provisions of the preceding 2 sentences, unless

the school district election is conducted on the same date as

another election in the county, a board of county canvassers that

is not responsible for certifying the results of the school

district election is not required to meet to canvass the school

district election and the board of county canvassers responsible

for certifying the results of the school district election shall

canvass that portion of the school district election held in that

Senate Bill No. 129 (S-2) as amended April 13, 2010

county. Upon completion of the canvass, the clerk of the board of

county canvassers shall transmit the canvassed results to the

county clerk of the county in which the largest number of

registered electors of that school district reside. Upon receipt of

the canvassed results, the county clerk of the county in which the

largest number of registered electors of that school district

reside shall make a statement of returns and certify the results of

the school district election to the secretary of the school board.

[Notwithstanding any of the foregoing provisions of this subsection, if a

city or village that lies in more than 1 county conducts an election on the same date as a school district that lies within the city or village that is conducting an election, that portion of the school district election held within that city or village shall be canvassed by the canvassing board responsible for canvassing the city or village election.]

     (5) The cost of canvass of school, city, township, and village

elections shall be borne by the school district, city, township, or

village holding the election, and upon presentation of a bill for

the costs incurred by the board of county canvassers, the school

district, city, township, or village shall reimburse the county

treasurer.

(6) (2) All boards of canvassers provided for in law including

boards of school canvassers, the duties of which are by this act

required to be performed by boards of county canvassers, are

abolished.

(7) (3) Members of the board of county canvassers shall be

appointed for terms of 4 years beginning on November 1 following

their appointment. Of the members first appointed, 1 member of each

of the political parties represented on the canvassing board of

county canvassers shall be appointed for a term of 4 years and 1

for a term of 2 years. Members The county clerk shall notify

members of the board shall be notified of county canvassers of

their appointment within 5 days thereafter by the county clerk of

being appointed.

(8) (4) This section shall apply applies to all elections, any

charter provision to the contrary notwithstanding.

     Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 95th Legislature are

enacted into law:

     (a) Senate Bill No. 130.

     (b) Senate Bill No. 455.