December 12, 2018, Introduced by Rep. Howrylak and referred to the Committee on Government Operations.
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 2018 PA 120, section 195 as amended by 2012 PA
276, section 200 as amended by 1998 PA 364, section 209 as amended
by 2014 PA 94, and section 699 as amended by 2012 PA 523, and by
adding chapter XA.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
191. A person An
individual is not eligible to the
office
of
county clerk, county treasurer, register of deeds, prosecuting
attorney,
sheriff, drain commissioner,
surveyor, or coroner if the
person
individual is not a registered and qualified elector of the
county in which election is sought by the filing deadline.
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 must
be transmitted to the county
officials required by law to print and distribute ballots. The name
of
the candidate shall must 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 must 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 an
individual must not 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 must 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 must
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 under subsection (4).
(4) The county board of commissioners as a whole body shall
hold not less 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
becomes 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 Each
individual elected to an office
named
in section 200, of this act, before entering upon the duties
of
his or her office, shall must 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
must
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 person duly An
individual 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 person If
an individual 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 person the
individual was elected to and
the
vacancy must be filled according to law.
The vacancy shall must
be filled within 15 days after the beginning of the term for which
he or she was elected.
Sec. 209. (1) If a vacancy occurs in an elective or appointive
county
office, it shall the
vacancy must be filled in the following
manner:
(a) (1)
If the vacancy is in the office of
county clerk or
prosecuting
attorney, it shall the
vacancy must be filled by
appointment by the judge or judges of that judicial circuit.
(b) (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
individual to fill the vacancy.
(2) (3)
A person An individual appointed shall must 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 vacancy
occurs more than 7 days before the nominating petition filing
deadline as provided in section 193 for the general November
election that is not the general November election at which a
successor in office would be elected if there were no vacancy, the
person
individual 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. An individual is not eligible to the office of
prosecuting attorney or sheriff if the individual is not a
registered and qualified elector of the county in which the
election is sought by the filing deadline.
Sec. 213. A general nonpartisan primary election must 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 individuals 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
is the nominee for the office of prosecuting attorney or sheriff
and must be so certified. As to that office, there is no primary
election and this office must be omitted from the primary ballot.
Sec. 213a. (1) Subject to subsection (2), to obtain the
printing of the name of an individual as a candidate for nomination
for the office of prosecuting attorney or sheriff upon the official
nonpartisan primary ballots, there must 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 must be in the form prescribed
in section 544a. 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 is governed by the same
provisions as in the case of nominating petitions. The fee must 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, must 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 must 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 individuals to be elected
because of the death or disqualification of a nominee less than 66
days before the general November election, then an individual must
not be elected at that general November election to that office for
which there is no nominee.
Sec. 216. A prosecuting attorney and sheriff must be elected
at the 2020 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 individuals 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) An individual elected as sheriff, before
entering upon the duties of his or her office, must take and
subscribe to the oath as provided in section 1 of article XI of the
state constitution of 1963 and must give bond in the amount and
manner prescribed by law and must deposit the oath with the county
clerk and the bond with the county treasurer.
(2) An individual elected as prosecuting attorney, before
entering upon the duties of his or her office, must take and
subscribe to the oath as provided in section 1 of article XI of the
state constitution of 1963 and must deposit the oath with the
county clerk.
Sec. 218a. (1) An individual elected as sheriff who desires to
resign must 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) An individual elected as prosecuting attorney who desires
to resign must 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 an individual 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 individual was elected and the
vacancy must be filled according to law. The vacancy must 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 must be followed:
(a) Charges have been exhibited to the governor in writing
specifying the grounds for removal. The charges must be accompanied
by any supporting evidence and by the affidavit of the individual
making the charges verifying that the individual believes the
charges to be true.
(b) A copy of the charges are served on the officer. Service
must 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 an individual of suitable age at the
officer's last known place of residence or, if an individual 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 must 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 must 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 must appoint a suitable individual to fill the
vacancy.
(3) An individual 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 individual 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. An individual 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 must
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
President
and vice-president Vice President of the United States;
governor and lieutenant governor; secretary of state; attorney
general;
United States senator; representative Senator;
Representative
in congress; Congress; senator and representative in
the state legislature; members of the state board of education;
regents
of the university University
of Michigan; trustees of
Michigan
state university; State
University; governors of Wayne
state
university; 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 must
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 must
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, community college board of trustees member, intermediate
school district board member, 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, metropolitan district
officer, and district library board member.