May 28, 2013, Introduced by Reps. LaVoy and Zorn and referred to the Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 642 (MCL 168.642), as amended by 2012 PA 523.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 642. (1) Except as otherwise provided in this section and
section 642a, on the effective date of this act, a city shall hold
its regular election or regular primary election as follows:
(a) A city shall hold its regular election for a city office
at the odd year general election.
(b) A city shall hold its regular election primary at the odd
year primary election.
(c) A city that holds its regular election for a city office
annually or in the even year on the November regular election date
shall continue holding elections on that schedule.
(d) A city that holds its regular election primary for a city
office annually or in the even year on the August regular primary
election date shall continue holding primary elections on that
schedule.
(2) If, on September 1, 2004, a city holds its regular
election at other than a regular November election date, the city
council may choose to hold the regular election on the May regular
election date by adopting a resolution in compliance with this
section. Except as provided in section 642a, if a city council
adopts the resolution in compliance with this section to hold its
regular election on the May regular election date, after December
31, 2004, the city's regular election is on the May regular
election date. If a city's regular election is held on the May
regular election date, the city's regular election primary shall be
held on the February regular election date immediately before its
regular election.
(3) If, on September 1, 2004, a city holds its regular
election annually or in the even year on the November regular
election date, the city council may choose to hold the regular
election at the odd year general election by adopting a resolution
in compliance with this section. Except as provided in section
642a, if a city council adopts the resolution in compliance with
this section to hold its regular election at the odd year general
election, after December 31, 2004, the city's regular election is
at the odd year election. If a city's regular election is held at
the odd year general election, the city's regular election primary
shall be held at the odd year primary election.
(4) If, on September 1, 2004, a city holds its regular
election annually on the November regular election date, the city
council may choose to hold the regular election at the even year
general election by adopting a resolution in compliance with this
section. Except as provided in section 642a, if a city council
adopts the resolution in compliance with this section to hold its
regular election at the even year general election, after December
31, 2004, the city's regular election is at the even year election.
If a city's regular election is held at the even year general
election, the city's regular election primary shall be held at the
even year primary election.
(5)
Except as otherwise provided in section 642a, on September
1,
2004, a A village shall hold its regular election as follows:
(a) A village shall hold its regular election for a village
office at the general election and the appropriate township clerk
shall conduct the election.
(b) A village shall not hold a regular primary election.
(6) If a village's regular or special election is held in
conjunction with another election conducted by a township, the
village shall pay the township a proportionate share of the
election expenses. If a village's regular or special election is
not held in conjunction with another election conducted by a
township, the village shall pay the township 100% of the actual
costs of conducting the village's regular or special election.
(7) (6)
A resolution permitted under this
section or section
642a is valid only if a city council adopts the resolution in
compliance with all of the following:
(a) The resolution is adopted before 1 of the following:
(i) If the resolution is permitted under subsection (2), (3),
or (4), January 1, 2005.
(ii) If the resolution is permitted under section 642a(1), (2),
or (4), January 1 of the year in which the change in the date of
the election takes effect.
(b) Before adopting the resolution, the council holds at least
1 public hearing on the resolution. The public hearing may be held
on the same day and immediately before considering the adoption of
the resolution.
(c) The council gives notice of each public hearing on the
resolution in a manner designed to reach the largest number of the
jurisdiction's qualified electors in a timely fashion.
(d) The council votes on the resolution and, on a record roll
call vote, a majority of the council's board members, elected or
appointed, and serving, adopt the resolution.
(e) The council files the resolution with the secretary of
state.