HOUSE BILL NO. 4652

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 178, 634, and 641 (MCL 168.178, 168.634, and 168.641), section 178 as amended by 1980 PA 261, section 634 as amended by 1996 PA 583, and section 641 as amended by 2015 PA 197.

the people of the state of michigan enact:

Sec. 178. The governor may shall call a special election as provided in section 634 in any senatorial or representative district of the this state when if the right of office of a person an individual elected state senator or representative shall cease ceases before the commencement of the term of service for which the state senator or representative was elected, or whenever if a vacancy occurs in the office of state senator or representative after the term of service has begun for which the state senator or representative was elected.

Sec. 634. (1) Except as otherwise provided in this section, when subsection (2), if a vacancy occurs in the office of senator or representative in the state legislature, the governor may shall, not later than 30 days after the vacancy occurs, call for a special election in that senatorial or representative district. or direct that the vacancy be filled at the next general election.

(2) If the vacancy in the office of senator or representative in the state legislature occurs after the primary election and before the following general election, the governor may shall direct that the vacancy be filled at that general election. If the governor directs that the vacancy be filled at the following general election as provided in this subsection, the executive committee of the county committee of each political party, if the county comprises 1 or more representative districts, or, if the district is comprised of more than 1 county, then the executive committee of the county committee of the respective political parties of each county in the district, may select, by a majority vote, a candidate for that office, and shall certify the name of the candidate to the county board of election commissioners of the county or counties comprising that representative district within not later than 21 days after the vacancy occurs and at least 10 days before the general election. Upon certification, the candidate certified shall be is the nominee of that political party at that general election to fill the vacancy for the unexpired term with the same force and effect as if the person individual was nominated at a primary election as otherwise provided in this act. If the ballots for that general election have already been printed before the certification, then the board of election commissioners shall cause the names of the candidates to be printed on a separate ballot, which ballot shall must be counted, canvassed, and returned as other ballots cast at that general election.

(3) If the governor directs that the vacancy be filled at the next general election as provided in subsection (2), the secretary of state shall give notice of that decision similar to the notice provided for in section 651.

Sec. 641. (1) Except as otherwise provided in this section, an election held under this act shall must be held on 1 of the following regular election dates:

(a) The May regular election date, which is the first Tuesday after the first Monday in May.

(b) The August regular election date, which is the first Tuesday after the first Monday in August.

(c) The November regular election date, which is the first Tuesday after the first Monday in November.

(d) In each presidential election year when a statewide presidential primary election is held, the date of the statewide presidential primary election as provided in section 613a.

(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 must be held on the August regular election date.

(3) Except as otherwise provided in this subsection and subsection (4), a special election shall must be held on a regular election date. A Except as otherwise provided by law, 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 must 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. less. 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 must appear beneath the petition heading, and the petition shall must 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 must 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 must 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 must be held on a Tuesday. A special election called by a school district under this subsection shall must not be held within 30 days before or 35 days after a regular election date as provided in subsection (1). A school district may only call 1 special election pursuant to under this subsection in each calendar year.

(5) The secretary of state shall direct and supervise the consolidation of all elections held under this act.

(6) This section shall may be known and may be cited as the "Hammerstrom election consolidation law".

Enacting section 1. This amendatory act does not take effect unless House Bill No. 4653 (request no. H03663'25) of the 103rd Legislature is enacted into law.