January 31, 2013, Introduced by Reps. Johnson, Brown, Daley and Howrylak and referred to the Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 191, 195, 200, 203, 204, 205, 206, 206a, 209,
697, and 699 (MCL 168.191, 168.195, 168.200, 168.203, 168.204,
168.205, 168.206, 168.206a, 168.209, 168.697, and 168.699), section
191 as amended by 1999 PA 218, section 195 as amended by 2012 PA
276, section 200 as amended by 1998 PA 364, section 209 as amended
by 1990 PA 7, and section 699 as amended by 2005 PA 71, and by
adding chapter XA.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
191. (1) A person shall is
not be eligible to the office
of
county clerk, county treasurer, register of deeds, prosecuting
attorney,
sheriff, drain commissioner,
surveyor, or coroner if the
person is not a registered and qualified elector of the county in
which election is sought by the filing deadline.
(2) A person who has been convicted of a violation of section
12a(1)
of 1941 PA 370, MCL 38.412a, shall is not be eligible to
any
of the offices enumerated in this section for a period of 20 years
after conviction.
Sec.
195. If a candidate of a political party for prosecuting
attorney,
sheriff, county clerk, county
treasurer, register of
deeds, drain commissioner, coroner, or surveyor, after having
qualified as a candidate, dies after the last day for qualifying,
leaving the political party without a candidate for that office, a
candidate to fill the vacancy may be selected by the members of the
county committee of the candidate's political party, and the name
of the candidate selected shall be transmitted to the county
officials required by law to print and distribute ballots. The name
of the candidate shall be printed on the ballots, but if the
ballots have been printed, the county officials shall have the
ballots reprinted with the candidate's name on the ballots and the
reprinted ballots shall be distributed to the various voting
precincts within their respective counties.
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 as provided by
law, no person shall be elected to that office in that county.
(2) Subject to subsections (3), (4), and (5), 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) 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, a
county board of commissioners shall study the question of combining
or separating the offices. The mandatory requirements of this
subsection may be satisfied by conducting a public hearing pursuant
to subsection (4).
(4) The county board of commissioners as a whole body shall
hold
not less fewer 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. 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.
(5) Not later than the sixth Tuesday before the deadline for
filing the nominating petitions for the office of 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. The resolution 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. 203. The term of office of the county clerk, county
treasurer,
register of deeds, prosecuting attorney, sheriff, drain
commissioner,
surveyor, and coroner shall begin begins on
January 1
next
following the election , and
continues until a successor is
elected and qualified, except that in counties having a population
of 1,000,000 or more the term of office of the county treasurer
shall
begin begins on July 1 next following the election.
Sec. 204. Every person elected to an office named in section
200, of
this act, before entering upon the duties of his or her
office, shall take and subscribe to the oath as provided in section
1
of article 11 XI of the state constitution of 1963 and ,
with the
exception
of the prosecuting attorney, shall
give bond in the
amount
and manner prescribed by law and shall deposit said the oath
with
the county clerk and said the
bond with the county treasurer.
The county treasurer shall file his or her bond with the county
clerk.
Sec.
205. Any A person duly elected to any of the county
offices
named in section 200 of this act who desires to resign
shall
file a written notice containing the effective date of such
the resignation with the presiding or senior judge of probate, the
county
clerk, and the prosecuting attorney of said the county. :
Provided,
That if If the county clerk or the prosecuting attorney
desires to resign, he or she shall file a written notice containing
the
effective date of such the
resignation with the presiding judge
of that judicial circuit.
Sec. 206. The office of county clerk, county treasurer,
register
of deeds, prosecuting attorney, sheriff, drain
commissioner, surveyor, or coroner in any county in this state
shall
become becomes vacant upon the happening of any of the
following events:
(a) Death of the incumbent. ;
his
(b)
The incumbent's resignation. ;
his
(c)
The incumbent's removal from office for
cause. ; his
(d) The incumbent's ceasing to be a resident of the county in
which
his or her office is located. ; his
(e) The incumbent's conviction of an infamous crime or an
offense
involving the violation of his or
her oath of office. ;
the
(f)
The decision of a competent tribunal
declaring his the
incumbent's
election or appointment void. ;
his
(g) The incumbent's refusal or neglect to take and subscribe
to the constitutional oath of office and deposit the same in the
manner
and within the time prescribed by law.
; or his
(h) The incumbent's refusal or neglect to give bond in the
amount and manner and within the time prescribed by law.
Sec.
206a. Whenever any If a person elected to the office of
county
clerk, county treasurer, register of deeds, prosecuting
attorney,
sheriff, drain commissioner,
surveyor, or coroner in any
county
shall die dies before the commencement of the term for which
he
or she was elected, there shall be is a
vacancy for the term to
which
such the person was elected to and the vacancy shall be
filled according to law. The vacancy shall be filled within 15 days
after the beginning of the term for which he or she was elected.
Sec. 209. If a vacancy occurs in an elective or appointive
county office, it shall be filled in the following manner:
(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.
(2) If the vacancy is in any other county office named in
section 200, the presiding or senior judge of probate, the county
clerk, and the prosecuting attorney shall appoint a suitable person
to fill the vacancy.
(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 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.
CHAPTER XA
PROSECUTING ATTORNEY AND SHERIFF
Sec. 212. (1) A person is not eligible to the office of
prosecuting attorney or sheriff if the person is not a registered
and qualified elector of the county in which the election is sought
by the filing deadline.
(2) A person who has been convicted of a violation of section
12a(1) of 1941 PA 370, MCL 38.412a, is not eligible to any of the
offices enumerated in this section for a period of 20 years after
conviction.
Sec. 213. A general nonpartisan primary election shall be held
in every county of this state on the Tuesday after the first Monday
in August before every general November election at which a
prosecuting attorney and sheriff are to be elected, at which time
the qualified and registered electors may vote for nonpartisan
candidates for the offices of prosecuting attorney and sheriff. If
upon the expiration of the time for filing petitions or a filing
fee for the primary election of the prosecuting attorney and
sheriff in any county it appears that there are not to exceed twice
the number of candidates as there are persons to be elected, then
the county clerk shall certify to the county board of election
commissioners the name of the candidate for prosecuting attorney or
sheriff whose petitions have been properly filed and that candidate
shall be the nominee for the office of prosecuting attorney or
sheriff and shall be so certified. As to that office, there shall
be no primary election and this office shall be omitted from the
primary ballot.
Sec. 213a. (1) Subject to subsection (2), to obtain the
printing of the name of a person as a candidate for nomination for
the office of prosecuting attorney or sheriff upon the official
nonpartisan primary ballots, there shall be filed with the county
clerk nominating petitions signed by a number of qualified and
registered electors residing within the county as determined under
section 544f. Nominating petitions shall be in the form prescribed
in section 544a. Until December 31, 2013, the county clerk shall
receive nominating petitions up to 4 p.m. of the twelfth Tuesday
before the August primary. Beginning January 1, 2014, the county
clerk shall receive nominating petitions up to 4 p.m. of the
fifteenth Tuesday before the August primary.
(2) Instead of filing nominating petitions, a candidate for
prosecuting attorney or sheriff may pay a filing fee of $100.00 to
the county clerk. Payment of the filing fee and certification of
the candidate's name paying the filing fee shall be governed by the
same provisions as in the case of nominating petitions. The fee
shall be deposited in the general fund of the county.
(3) The nominating petition signatures filed under this
section are subject to challenge as provided in section 552.
Sec. 214. After the filing of a nominating petition or filing
fee by or on behalf of a proposed candidate for the office of
prosecuting attorney or sheriff, the proposed candidate is not
permitted to withdraw unless he or she serves a written notice of
withdrawal on the county clerk or his or her duly authorized agent
not later than 4 p.m. of the third day after the last day for
filing the nominating petition or filing fee. If the third day
falls on a Saturday, Sunday, or legal holiday, the notice of
withdrawal may be served on the county clerk up to 4 p.m. on the
next secular day.
Sec. 215. The candidates for the offices of prosecuting
attorney and sheriff receiving the largest number of votes at a
primary election, to a number equal to twice the number of places
to be filled as set forth in the report of the board of county
canvassers, based on the returns from the various election
precincts or as determined by the board of county canvassers as the
result of a recount, shall be declared the nominees for the offices
of prosecuting attorney and sheriff at the next November election.
The board of county canvassers shall certify the nominations to the
county election commission.
Sec. 215a. (1) Except as otherwise provided in this section, a
prosecuting attorney and sheriff shall be elected in each county in
which a prosecuting attorney and sheriff are to be elected by law.
(2) If there are fewer nominees for the office of prosecuting
attorney or sheriff than there are persons to be elected because of
the death or disqualification of a nominee less than 66 days before
the general November election, then a person shall not be elected
at that general November election to that office for which there is
no nominee.
Sec. 216. A prosecuting attorney and sheriff shall be elected
at the 2016 general November election and every fourth year after
that.
Sec. 217. The board of county canvassers shall determine which
candidates for the offices named in section 212 received the
greatest number of votes and shall declare those candidates
elected. The board of county canvassers shall make and subscribe on
its statement of returns a certificate of the determination and
deliver the certificate to the county clerk within 14 days after
the date of the election.
Sec. 217a. The county clerk shall file in his or her office
and preserve the original statement and determination of the board
of canvassers of the results of the election and shall execute and
cause to be delivered to the persons declared elected to the
offices named in section 212 a properly certified certificate of
election, certified by him or her under the seal of the county. The
county clerk may cause a copy of the certificate of determination
and the statement of the votes cast at the election for the offices
to be published in at least 1 newspaper printed or circulated, or
both, in that county.
Sec. 217b. The term of office of the prosecuting attorney and
sheriff begins on January 1 next following an election and
continues until a successor is elected and qualified.
Sec. 218. (1) A person elected as sheriff, before entering
upon the duties of his or her office, shall take and subscribe to
the oath as provided in section 1 of article XI of the state
constitution of 1963 and shall give bond in the amount and manner
prescribed by law and shall deposit the oath with the county clerk
and the bond with the county treasurer.
(2) A person elected as prosecuting attorney, before entering
upon the duties of his or her office, shall take and subscribe to
the oath as provided in section 1 of article XI of the state
constitution of 1963 and shall deposit the oath with the county
clerk.
Sec. 218a. (1) A person elected as sheriff who desires to
resign shall file a written notice containing the effective date of
the resignation with the presiding or senior judge of probate, the
county clerk, and the prosecuting attorney.
(2) A person elected as prosecuting attorney who desires to
resign shall file a written notice containing the effective date of
the resignation with the presiding judge of that judicial district.
Sec. 219. The office of prosecuting attorney or sheriff in any
county of this state becomes vacant upon the happening of any of
the following events:
(a) Death of the incumbent.
(b) The incumbent's resignation.
(c) The incumbent's removal from office for cause.
(d) The incumbent's ceasing to be a resident of the county in
which his or her office is located.
(e) The incumbent's conviction for a crime or an offense
involving the violation of his or her oath of office.
(f) The decision of a competent tribunal declaring the
incumbent's election or appointment void.
(g) The incumbent's refusal or neglect to take and subscribe
to the constitutional oath of office and deposit the same in the
manner and within the time prescribed by law.
(h) The incumbent's refusal or neglect to give bond in the
amount and manner and within the time prescribed by law.
Sec. 219a. If a person elected to the office of prosecuting
attorney or sheriff in any county dies before the beginning of the
term for which he or she was elected, there is a vacancy for the
term to which the person was elected and the vacancy shall be
filled according to law. The vacancy shall be filled within 15 days
after the beginning of the term for which he or she was elected.
Sec. 219b. (1) The governor may remove an officer named in
section 212 if the governor is satisfied from the evidence
submitted that the officer is guilty of official misconduct,
willful neglect of duty, extortion, or habitual drunkenness, or has
been convicted of being drunk, or if it appears by a certified copy
of the judgment of a court of record of this state that the
officer, after his or her election or appointment, has been
convicted of a felony.
(2) Before the governor removes an officer under this section,
all of the following procedures shall be followed:
(a) Charges have been exhibited to the governor in writing
specifying the grounds for removal. The charges shall be
accompanied by any supporting evidence and by the affidavit of the
person making the charges verifying that the person believes the
charges to be true.
(b) A copy of the charges are served on the officer. Service
shall be made as follows:
(i) If the officer can be found, by handing to the officer a
copy of the charges, together with all affidavits or exhibits that
may be attached to the charges.
(ii) If the officer cannot be found, by leaving a copy of the
charges, together with all affidavits or exhibits that may be
attached to the charges, with a person of suitable age at the
officer's last known place of residence or, if a person of suitable
age is not available, by posting the copy or copies in a
conspicuous place at the officer's last known place of residence.
(c) The officer shall be given an opportunity to respond to
the charges.
(3) An officer removed from office under this section is not
eligible for election or appointment to any office for a period of
3 years from the date of the removal.
Sec. 219c. (1) If a vacancy occurs in the office of
prosecuting attorney, it shall be filled by appointment by the
judge or judges of that judicial circuit.
(2) If a vacancy occurs in the office of sheriff, the
presiding or senior judge of probate, the county clerk, and the
prosecuting attorney shall appoint a suitable person to fill the
vacancy.
(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 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.
Sec. 220. The votes cast for a candidate for any of the
offices named in section 212 at any primary or election are subject
to recount as provided in chapter XXXIII.
Sec. 220a. A person elected to an office named in section 212
is subject to recall as provided in chapter XXXVI.
Sec. 697. At the general November election, the names of the
several offices to be voted for shall be placed on the ballot
substantially in the following order in the years in which
elections
for such those offices are held: Electors of president
and vice-president of the United States; governor and lieutenant
governor; secretary of state; attorney general; United States
senator; representative in congress; senator and representative in
the state legislature; members of the state board of education;
regents of the university of Michigan; trustees of Michigan state
university; governors of Wayne state university; county executive;
prosecuting
attorney; sheriff; clerk;
treasurer; register of deeds;
auditor in counties electing an auditor; mine inspector in counties
electing a mine inspector; county road commissioners; drain
commissioners; coroners; and surveyor. The following township
officers shall be placed on the same ballot as above described in
substantially the following order in the year in which elections
for
such those offices are held: supervisor, clerk, treasurer,
trustees, and constables.
Sec. 699. At any regular election, the names of the several
nonpartisan offices to be voted for shall be placed on a separate
portion of the ballot containing no party designation in the
following order: justices of the supreme court, judges of the court
of appeals, judges of the circuit court, judges of the probate
court, judges of the district court, prosecuting attorney, sheriff,
city officers, the following village officers in substantially the
following order in the year in which elections for the offices are
held: president, clerk, treasurer, and trustees, and in a year in
which an election for the office is held, local school district
board member, community college board of trustees member,
intermediate school district board member, and district library
board member.