Bill Text: MI HB4829 | 2011-2012 | 96th Legislature | Introduced

---

Bill Title: Elections; canvassing; reference in general law village act to board of village canvassers and board of township canvassers; revise to board of county canvassers. Amends sec. 18a, ch. XIV of 1895 PA 3 (MCL 74.18a). TIE BAR WITH: HB 4831'11

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-06-29 - Printed Bill Filed 06/29/2011 [HB4829 Detail]

Download: Michigan-2011-HB4829-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4829

June 28, 2011, Introduced by Reps. Jacobsen, Brown, Johnson, Rogers, Liss and Santana and referred to the Committee on Redistricting and Elections.

 

     A bill to amend 1895 PA 3, entitled

 

"The general law village act,"

 

by amending section 18a of chapter XIV (MCL 74.18a), as amended by

 

2003 PA 305.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                             CHAPTER XIV

 

     Sec. 18a. (1) To initiate the disincorporation of a village, a

 

petition signed by not less than 15% of the registered electors of

 

the village requesting a vote on the question of whether the

 

village shall disincorporate shall be filed with the township

 

clerk.

 

     (2) A petition shall designate the township or townships into

 

which the village is proposed to be disincorporated. A village

 

shall be disincorporated into the township or townships in which it

 

is located, along existing township boundaries.

 

     (3) After the petition is filed with the township clerk a

 

petition affecting the village shall not be filed with the state

 

boundary commission and a petition requesting disincorporation of

 

the village into a different township shall not be filed under this

 

act until the disincorporation process provided for by this act has

 

concluded.

 

     (4) By not Not more than 14 days after the petition is filed,

 

the township clerk shall verify the signatures and determine the

 

sufficiency of the petition. Unless the council proceeds under

 

sections 23 to 23i of this chapter, if the clerk determines that

 

the petition is sufficient, the question of the disincorporation of

 

the village shall appear on the ballot at the next general or

 

special election to be held in the village, subject to the Michigan

 

election law, 1954 PA 116, MCL 168.1 to 168.992. The township clerk

 

shall prepare the ballot language, in substantially the following

 

form:

 

     "Shall incorporation of the village of __________ be vacated?

 

     ( ) Yes

 

     ( ) No".

 

     (5) The county election commission of the county in which the

 

greatest number of electors of the village reside shall provide

 

ballots for the election.

 

     (6) The clerk and election officials of each township into

 

which the village is proposed to be disincorporated shall conduct

 

the election on the proposed disincorporation in the village and

 

the portions of the township outside the boundaries of the village,

 

respectively.

 

     (7) If the election on the proposed disincorporation is to be

 

held in conjunction with a general election or a state primary

 

election immediately before a general election, the notices of

 

close of registration and election shall be published as provided

 

for by the state election laws. Otherwise, the county clerk of the

 

county in which the greatest number of electors of the village

 

reside shall publish the notices of close of registration and

 

election. The notice of close of registration shall include the

 

ballot language of the proposal.

 

     (8) The results of the election on the proposed

 

disincorporation shall be canvassed by the board of county

 

canvassers of the village and the board of canvassers of each

 

township county in which the village is located.

 

     (9) The disincorporation of the village shall take place under

 

this section only if 2/3 of the electors voting on the questions

 

vote "yes". If the disincorporation is approved, the council shall

 

immediately cause a transcript of all the proceedings in the case

 

to be certified to both of the following:

 

     (a) The county clerk of the county in which the village or the

 

principal part of the village is located.

 

     (b) The secretary of state.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No.4831 (request no.

 

00577'11) of the 96th Legislature is enacted into law.