SB-1259, As Passed Senate, June 17, 2010
April 14, 2010, Introduced by Senators McMANUS and BROWN and referred to the Committee on Campaign and Election Oversight.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 381 (MCL 168.381), as amended by 2006 PA 122.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 381. (1) Except as provided in this section and sections
383, 641, 642, and 644g, the qualifications, nomination, election,
appointment, term of office, and removal from office of a village
officer shall be as determined by the charter provisions governing
the village.
(2) If the membership of the village council of a village
governed by the general law village act, 1895 PA 3, MCL 61.1 to
74.25, is reduced to less than a quorum of 4 and a special election
for the purpose of filling all vacancies in the office of trustee
is called under section 13 of chapter II of the general law village
act, 1895 PA 3, MCL 62.13, temporary appointments of trustees shall
be made as provided in this subsection. The board of county
election commissioners of the county in which the largest portion
of the population of the village is situated shall make temporary
appointment of the number of trustees required to constitute a
quorum for the transaction of business by the village council. A
trustee appointed under this subsection shall hold the office only
until the trustee's successor is elected and qualified. A trustee
who is temporarily appointed under this subsection shall not vote
on the appointment of himself or herself to an elective or
appointive village office.
(3) Notwithstanding another provision of law or charter to the
contrary, an appointment to an elective or appointive village
office made by a quorum constituted by temporary appointments under
this subsection expires upon the election and qualification of
trustees under the special election called to fill the vacancies in
the office of trustee.
(4) Filing for a village office shall be with the township
clerk if the township is conducting the election or if the village
is located in more than 1 township with the township in which the
largest number of the registered electors of the village reside.
Except as provided in subsection (5), nominating petitions for
village offices shall be filed with the appropriate township clerk
by 4 p.m. on the twelfth Tuesday before the general November
election. After a nominating petition is filed for a candidate for
a village office, the candidate is not permitted to withdraw unless
a written withdrawal notice, signed by the candidate, is filed with
the appropriate township clerk not later than 4 p.m. of the third
day after the last day for filing the nominating petition.
(5) If a village council adopts a resolution in compliance
with section 642(7) to hold its regular election at the September
primary
election, the nominating petitions
for village offices to
be
filled at the September primary election shall be filed as
provided
in this subsection. Until January 1, 2006, nominating
petitions
shall be filed with the village clerk by 4 p.m. on the
eighth
Tuesday before the September primary election. On and after
January 1, 2006, nominating petitions shall be filed with the
village clerk by 4 p.m. on the twelfth Tuesday before the September
primary
election. After a nominating
petition is filed for a
candidate for a village office, the candidate is not permitted to
withdraw unless a written withdrawal notice, signed by the
candidate, is filed with the village clerk not later than 4 p.m. of
the third day after the last day for filing the nominating
petition.