HB-4272, As Passed House, April 16, 2015

SUBSTITUTE FOR

HOUSE BILL NO. 4272

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending section 642 (MCL 168.642), as amended by 2013 PA 51.

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,~~ beginning on

September 1, 2004, 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.

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.~~the city shall not hold a regular primary

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) 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 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 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

special election.

(7) 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.

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.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 98th Legislature are

enacted into law:

(a) House Bill No. 4271.

(b) House Bill No. 4273.

(d) House Bill No. 4276.