October 30, 2013, Introduced by Rep. Lyons and referred to the Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 312 and 641 (MCL 168.312 and 168.641), section
312 as amended by 2006 PA 647 and section 641 as amended by 2005 PA
71.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
312. (1) A Except as
otherwise provided in this section,
a school board may submit a ballot question to the school electors
on a regular election date, or on a date when a city or township
within the school district's jurisdiction is holding an election by
adopting a resolution to that effect not less than 70 days before
the
election date. , or on a special election date as provided in
section
641(4). If a school district
ballot question involves
borrowing money, establishing, increasing, or renewing a millage,
creating or modifying a sinking fund as provided in section 1212 of
the revised school code, 1976 PA 451, MCL 380.1212, or issuing or
modifying a bond, the school board of that school district may
submit the ballot question to the school electors only at the
school district's regular election or at a special election held on
the August regular election date or the November regular election
date. The school board shall certify the ballot question language
to the school district election coordinator not less than 70 days
before the election date. The school district election coordinator
shall send a copy of the ballot question language to the county
clerk of each county not less than 68 days before the election.
(2)
If a special election is called on a date provided under
section
641(4), the school district election coordinating committee
shall
schedule the special election date.
Sec. 641. (1) Except as otherwise provided in this section,
and
sections 642 and 642a, beginning
January 1, 2005, an election
held under this act shall be held on 1 of the following regular
election dates:
(a) The February regular election date, which is the fourth
Tuesday in February.
(b) The May regular election date, which is the first Tuesday
after the first Monday in May.
(c) The August regular election date, which is the first
Tuesday after the first Monday in August.
(d) The November regular election date, which is the first
Tuesday after the first Monday in November.
(2) If an elective office is listed by name in section 643,
requiring the election for that office to be held at the general
election, and if candidates for the office are nominated at a
primary election, the primary election shall be held on the August
regular election date.
(3)
Except as otherwise provided in this subsection, and
subsection
(4), a special election shall be
held on a regular
election date. A special election called by the governor under
section 145, 178, 632, 633, or 634 to fill a vacancy or called by
the legislature to submit a proposed constitutional amendment as
authorized in section 1 of article XII of the state constitution of
1963 may, but is not required to be, held on a regular election
date.
(4) A school district may call a special election to submit a
ballot question to borrow money, increase a millage, or establish a
bond if an initiative petition is filed with the county clerk. The
petition shall be signed by a number of qualified and registered
electors of the district equal to not less than 10% of the electors
voting in the last gubernatorial election in that district or 3,000
signatures, whichever number is lesser. Section 488 applies to a
petition to call a special election for a school district under
this section. In addition to the requirements set forth in section
488, the proposed date of the special election shall appear beneath
the petition heading, and the petition shall clearly state the
amount of the millage increase or the amount of the loan or bond
sought and the purpose for the millage increase or the purpose for
the loan or bond. The petition shall be filed with the county clerk
by 4 p.m. of the twelfth Tuesday before the proposed date of the
special election. The petition signatures shall be obtained within
60 days before the filing of the petition. Any signatures obtained
more than 60 days before the filing of the petition are not valid.
If
the special election called by the school district is not
scheduled
to be held on a regular election date as provided in
subsection
(1), the special election shall be held on a Tuesday. A
special
election called by a school district under this subsection
shall
not be held within 30 days before or 35 days after a regular
election
date as provided in subsection (1). A special election
called by a school district under this subsection shall only be
held on the August regular election date or the November regular
election date. A school district may only call 1 special election
pursuant to this subsection in each calendar year.
(5)
The secretary of state shall make a report to the house
and
senate committees that consider election issues by December 1,
2006.
The secretary of state shall report about the special
elections
held under this subsection, including, but not limited
to,
all of the following:
(a)
The number of times a special election has been held.
(b)
Which school districts have held special elections.
(c)
Information about the success rate of the ballot question
submitted
at the special elections.
(d)
Information about voter turnout, including the percentage
and
number of registered voters who voted in each special election.
(5) (6)
The secretary of state shall direct
and supervise the
consolidation of all elections held under this act.
(6) (7)
This section shall be known and may
be cited as the
"Hammerstrom election consolidation law".
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No.____ (request no.
02028'13 a) of the 97th Legislature is enacted into law.