Bill Text: MI SB1095 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Elections; local; filing of nominating petitions for city elections; clarify. Amends secs. 321 & 646a of 1954 PA 116 (MCL 168.321 & 168.646a).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-31 - Assigned Pa 627'18 With Immediate Effect 12/31/18 Addenda [SB1095 Detail]
Download: Michigan-2017-SB1095-Engrossed.html
SB-1095, As Passed Senate, December 6, 2018
SUBSTITUTE FOR
SENATE BILL NO. 1095
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 321 and 646a (MCL 168.321 and 168.646a),
section 321 as amended by 2003 PA 302 and section 646a as amended
by 2015 PA 197.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 321. (1) Except as provided in subsection (3) and
sections
322, 327, 641, 642, and 644e, 644f, 644g, and 646a, the
qualifications, nomination, election, appointment, term of office,
and
removal from office of a city officer shall must be
in
accordance with the charter provisions governing the city.
(2) Within 3 days after the last day on which a candidate for
a city office may withdraw, the city clerk shall deliver to the
county clerk of the county in which the city is located a list
setting forth the name and address of each candidate for a city
office.
(3) If the membership of the legislative body of a city
governed by the home rule city act, 1909 PA 279, MCL 117.1 to
117.38, is reduced to less than a quorum, unless another method of
appointing members of the legislative body is provided by the city
charter, members of the legislative body are appointed as provided
in this subsection. The board of county election commissioners of
the county in which the largest portion of the population of the
city resides shall appoint the number of members of the legislative
body required to constitute a quorum for the transaction of
business by the legislative body. A member of the legislative body
appointed under this subsection shall hold the office only until
the member's successor is elected and qualified. The successor
shall be elected at a special or regular election on the next
regular election date that is not less than 60 days after the
appointment is made. The successor shall serve for the balance of
the unexpired term. A member who is appointed under this subsection
shall not vote on the appointment of himself or herself to an
elective or appointive city office.
(4) Notwithstanding another provision of law or charter to the
contrary, an appointment to an elective or appointive city office
made by a quorum constituted by appointments under this section
expires upon the election and qualification of a sufficient number
of members of the legislative body so that the elected members
constitute a quorum.
Sec. 646a. (1) If a local officer is to be elected at a
general
November election, candidates for the local office shall
must be nominated in the manner provided by law or charter, subject
to sections 641 and 642. If candidates for the local office are to
be
nominated at caucuses, the caucuses shall must be held on a date
before the date set for the primary election or on the Saturday
before the day of the primary election as determined by the local
legislative body at least 20 days before the date of the caucus. If
candidates
are nominated by filing petitions or affidavits, they
shall
be filed at a time provided by charter, but not later than
the
date of the primary. the
candidate filing deadline is 4 p.m. on
the fifteenth Tuesday before the general November election. Except
as
provided in section 642, the local primary election shall must
be held on the same day as a state or county primary election. If a
state or county primary is being held on the same day, the last day
for local candidates to file nominating petitions is the same as
the last date to file petitions for state and county offices. The
names
of all local candidates and titles of office shall must be
certified to the county clerk by the local clerk within 5 days
after the last day for filing petitions, and certification of
nominees
shall must be made to that clerk within 5 days after the
date on which the primary or caucus was held.
(2) If a ballot question of a political subdivision of this
state including, but not limited to, a county, city, village,
township, school district, special use district, or other district
is to be voted on at a regular election date or special election,
the
ballot wording of the ballot question shall must be
certified
to the proper local or county clerk not later than 4 p.m. on the
twelfth Tuesday before the election. If the wording is certified to
a clerk other than the county clerk, the clerk shall certify the
ballot wording to the county clerk at least 82 days before the
election. Petitions to place a county or local ballot question on
the
ballot at the election shall must
be filed with the clerk at
least 14 days before the date the ballot wording must be certified
to the local clerk.
(3) The provisions of this section apply to and control the
filing deadlines for candidates for local office to be elected at
the general November election and for all ballot questions of a
political subdivision of this state at any regular election,
primary election, or special election notwithstanding any
provisions of law or charter to the contrary.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
