Bill Text: MI HB5699 | 2023-2024 | 102nd Legislature | Engrossed
Bill Title: Elections: local; term of office start date for township officers; modify. Amends secs. 362 & 370 of 1954 PA 116 (MCL 168.362 & 168.370).
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Engrossed) 2024-12-20 - Placed On Order Of Third Reading [HB5699 Detail]
Download: Michigan-2023-HB5699-Engrossed.html
HOUSE BILL NO. 5699
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 362 and 370 (MCL 168.362 and 168.370), section 362 as amended by 1980 PA 112 and section 370 as amended by 2022 PA 104.
the people of the state of michigan enact:
Sec. 362. (1) The term of office of township trustees elected in 1978 shall be 2 years. The Beginning in 1980 and for all subsequent elections at which township officers are elected, the term of office of all township officers listed in section 358 shall be is 4 years. beginning in the 1980 general election, and in all subsequent elections at which township officials are elected. All terms of township officers' terms officers elected before January 1, 2025 shall commence at 12 noon on November 20 next following their the officer's election. All terms of township officers elected after December 31, 2024 commence at 12 noon on December 1 following the officer's election. and they shall Officers must qualify before assuming the duties of their the office. Each township officer shall hold office until a successor is elected and qualified, but not beyond January 1 following the election. Failure of an elected township official officer to qualify by January 1 following the official's officer's election shall create creates a vacancy which shall that must be filled as provided in section 370. All elective township officers, other than those listed in section 358, shall be elected at the November election immediately preceding the expiration of their term and shall commence the duties of their office on November 20 but not before they qualify following their election.
(2) A township officer elected in the general election shall remain in office for the full term if the officer failed to take the oath of office within the time prescribed by law and was subsequently appointed by the township board to the office for which the officer ran.
Sec. 370. (1) Except as provided in section 370a or subsection (2), if a vacancy occurs in an elective or appointive township office, the vacancy must be filled by appointment by the township board, and the individual appointed shall hold the office for the remainder of the unexpired term.
(2) If 1 or more vacancies occur in an elective township office that cause the number of members serving on the township board to be less than the minimum number of board members that is required to constitute a quorum for the transaction of business by the board, the board of county election commissioners shall make temporary appointment of the number of members required to constitute a quorum for the transaction of business by the township board. An official appointed under this subsection shall hold the office only until the official's successor is elected or appointed and qualified. An official who is temporarily appointed under this subsection shall not vote on the appointment of himself or herself that official to an elective or appointive township office.
(3) If a township official submits a written resignation from an elective township office, for circumstances other than a resignation related to a recall election, that specifies a date and time when the resignation is effective, the township board, within 30 days before that effective date and time, may appoint an individual to fill the vacancy at the effective date and time of the resignation. The resigning official shall not vote on the appointment.
(4) Except as provided in subsection (5), if the township board does not make an appointment under subsection (3), or if a vacancy occurs in an elective township office and the vacancy is not filled by the township board or the board of county election commissioners within 45 days after the beginning of the vacancy, the county clerk of the county in which the township is located shall call a special election within 5 calendar days to fill the vacancy. Not later than 4 p.m. on the fifteenth calendar day after the county clerk calls a special election under this section, the county party committee for each political party in the county in which the township is located shall submit a nominee to fill the vacancy. The special election must be held on the next regular election date that is not less than 60 days after the deadline for submitting nominees under this section or 70 days after the deadline for submitting nominees under this section if the next regular election date is the even year August primary or the general November election. Notice of the special election must be given in the same manner required by section 653a. A special election called under this section does not affect the rights of a qualified elector to register for any other election. Notwithstanding any ordinance or resolution to the contrary, an individual elected to fill a vacancy shall not take the oath of office until the results have been certified by the appropriate board of canvassers. An individual elected to fill a vacancy shall serve for the remainder of the unexpired term.
(5) Subsection (4) does not apply to the office of township constable. If a vacancy occurs in the office of township constable, the township board shall determine if and when the vacancy is filled by appointment. If the township board does not fill the vacancy by appointment, the office of township constable must remain remains vacant until the next general or special election in which township offices are filled.
