SB-0751, As Passed Senate, April 20, 2010

SUBSTITUTE FOR

SENATE BILL NO. 751

     A bill to amend 1954 PA 116, entitled

"Michigan election law,"

(MCL 168.1 to 168.992) by adding section 642c.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 642c. (1) Except as otherwise provided in subsection (3),

(4), or (5), beginning March 31, 2011, a school district that is

not located wholly or partly in a county with a population of

750,000 or more shall hold its regular election for the office of

school board member on 1 of the following:

     (a) The general November election.

     (b) The even year August election.

     (c) The odd year general election, but only if all of the

following conditions are met:

     (i) At least 1 city or community college that is located either

wholly or partly in the school district conducts an odd year

general election.

     (ii) The city, cities, or community college district described

in subparagraph (i) contain more than 50% of the registered electors

who are eligible to vote in the school district election.

     (2) Except as otherwise provided in subsection (4) or (5),

beginning March 31, 2011, a school district that is located wholly

or partly in a county with a population of 750,000 or more shall

hold its regular election for the office of school board member on

1 of the following:

     (a) The general November election.

     (b) The odd year general election, but only if all of the

following conditions are met:

     (i) At least 1 city or community college that is located either

wholly or partly in the school district conducts an odd year

general election.

     (ii) The city, cities, or community college district described

in subparagraph (i) contain more than 50% of the registered electors

who are eligible to vote in the school district election.

     (3) If before the effective date of the amendatory act that

added this section a school district that is not located wholly or

partly in a county with a population of 750,000 or more holds it

regular election on the November regular election date in both even

and odd years, the school district shall hold its regular election

for the office of school board member on 1 of the following:

     (a) The general November election.

     (b) The odd year general election, but only if all of the

following conditions are met:

     (i) At least 1 city or community college that is located wholly

or partly in the school district conducts an odd year general

election.

     (ii) The city, cities, or community college district described

in subparagraph (i) contain more than 50% of the registered electors

who are eligible to vote in the school district election.

     (4) If before the effective date of the amendatory act that

added this section a school district holds its regular election at

the general November election, that school district shall continue

to hold its regular election at the general November election. A

school district that is subject to this subsection does not need to

adopt a resolution as provided in subsection (6).

     (5) If before the effective date of the amendatory act that

added this section a school district holds its regular election at

the odd year general election, the school district's school board

may choose to continue holding its regular election at the odd year

general election by adopting a resolution in compliance with this

section. If a school district's school board adopts a resolution in

compliance with this section to hold its regular election at the

odd year general election, after March 31, 2011, the school

district's regular election is at the odd year general election.

     (6) Before February 28, 2011, a school district's school board

that is the board of trustees of a community college shall adopt a

resolution at a public hearing to hold its regular election on a

date in compliance with this section. Before March 31, 2011, a

school district's school board that is not the board of trustees of

a community college shall adopt a resolution at a public hearing to

hold its regular election on a date in compliance with this

section. Within 30 days after adopting the resolution, the school

board shall file the resolution with the secretary of state and a

copy of the resolution with the county clerk of the county in which

the school district or a majority of the school district is

located.

     (7) If a school district's school board fails to adopt a

resolution as provided in subsection (6) to hold its regular

election on a date in compliance with this section, beginning March

31, 2011, that school district shall hold its regular election at

the general November election.

     (8) Except as otherwise provided in subsection (9), after

March 30, 2011, a school district is not permitted to change the

date of its regular election.

     (9) After March 30, 2011, a school district that holds its

regular election at a time other than at the general November

election may change its regular election to the general November

election by adopting a resolution at a public hearing to hold its

regular election at the general November election. Within 30 days

after adopting the resolution, the school board shall file the

resolution with the secretary of state and a copy of the resolution

with the county clerk of the county in which the school district or

a majority of the school district is located. If a school district

adopts a resolution in compliance with this subsection to hold its

regular election at the general November election, after December

31 of the year in which the resolution is adopted, the school

district shall hold its regular election at the general November

election.

     (10) If a school district adopts a resolution to hold its

regular election at the odd year general election because it meets

the conditions of subsection (1)(c)(i) and (ii), (2)(b)(i) and (ii), or

(3)(b)(i) and (ii) and the community college district that is located

either wholly or partly in that school district changes its regular

election under subsection (9) to the general November election, the

school district is not required to change its regular election even

though it no longer meets the conditions of subsection (1)(c)(i) and

(ii), (2)(b)(i) and (ii), or (3)(b)(i) and (ii) to hold its regular

election at the odd year general election.

     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. 752.

     (b) Senate Bill No. 753.

     (c) Senate Bill No. 754.