HOUSE BILL No. 6483
November 7, 2002, Introduced by Rep. Koetje and referred to the Committee on Commerce. A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 281, 282, 289, and 294 (MCL 168.281, 168.282, 168.289, and 168.294), section 281 as amended by 1999 PA 218, and by adding section 281a; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 281. (1) A person shall not be eligible to IS NOT 2 ELIGIBLE FOR membership on the state board of education , the 3 board of regents of the university of Michigan, the board of 4 trustees of Michigan state university, or the board of governors 5 of Wayne state university if the person is not a registered and 6 qualified elector of this state on the date the person is 7 nominated for the office. 07765'02 DAM 2 1 (2) A person who has been convicted of a violation of 2 section 12a(1) of 1941 PA 370, MCL 38.412a, shall not be 3 eligible to IS NOT ELIGIBLE FOR membership on any of the boards 4 enumerated in this section THE STATE BOARD OF EDUCATION for a 5 period of 20 years after conviction. 6 SEC. 281A. (1) BEGINNING WITH THE GENERAL NOVEMBER ELECTION 7 IN 2004, THE STATE IS DIVIDED INTO 4 DISTRICTS FOR THE ELECTION 8 OF MEMBERS OF THE BOARD OF REGENTS OF THE UNIVERSITY OF MICHIGAN, 9 THE BOARD OF TRUSTEES OF MICHIGAN STATE UNIVERSITY AND THE BOARD 10 OF GOVERNORS OF WAYNE STATE UNIVERSITY. THE DISTRICTS ARE NUM- 11 BERED THE SAME AND CONSTITUTED OF THE SAME COUNTIES AS THE 4 12 JUDICIAL DISTRICTS FOR THE ELECTION OF JUDGES OF THE COURT OF 13 APPEALS SET FORTH IN SECTION 302 OF THE REVISED JUDICATURE ACT OF 14 1961, 1961 PA 236, MCL 600.302. 15 (2) SUBJECT TO SUBSECTION (3), BEGINNING WITH THE GENERAL 16 NOVEMBER ELECTION IN 2004, EACH DISTRICT DESCRIBED IN SUBSECTION 17 (1) IS ENTITLED TO 2 MEMBERS OF THE BOARD OF REGENTS OF THE 18 UNIVERSITY OF MICHIGAN, 2 MEMBERS OF THE BOARD OF TRUSTEES OF 19 MICHIGAN STATE UNIVERSITY AND 2 MEMBERS OF THE BOARD OF GOVERNORS 20 OF WAYNE STATE UNIVERSITY, ELECTED BY THE ELECTORS OF THAT DIS- 21 TRICT FOR 8-YEAR STAGGERED TERMS AS PROVIDED IN THIS SECTION. 22 (3) TO ACCOMPLISH THE TRANSITION FROM AT-LARGE ELECTION OF 23 THE MEMBERS OF THE BOARD OF REGENTS OF THE UNIVERSITY OF 24 MICHIGAN, THE BOARD OF TRUSTEES OF MICHIGAN STATE UNIVERSITY, AND 25 THE BOARD OF GOVERNORS OF WAYNE STATE UNIVERSITY TO DISTRICT 26 ELECTION OF THOSE MEMBERS, THE FOLLOWING SPECIAL PROVISIONS 27 APPLY: 07765'02 3 1 (A) AT THE GENERAL NOVEMBER ELECTION IN 2004, THE AT-LARGE 2 POSITIONS OF THE 2 MEMBERS OF THE BOARD OF REGENTS OF THE 3 UNIVERSITY OF MICHIGAN, THE BOARD OF TRUSTEES OF MICHIGAN STATE 4 UNIVERSITY, AND THE BOARD OF GOVERNORS OF WAYNE STATE UNIVERSITY 5 WHOSE 8-YEAR TERMS EXPIRE ON JANUARY 1, 2005 SHALL TERMINATE AND 6 SHALL NOT BE FILLED BY ELECTION IN 2004. AT THE GENERAL NOVEMBER 7 ELECTION IN 2004, DISTRICT 3 AND DISTRICT 4 SHALL EACH ELECT 1 8 MEMBER TO THE BOARD OF REGENTS OF THE UNIVERSITY OF MICHIGAN, THE 9 BOARD OF TRUSTEES OF MICHIGAN STATE UNIVERSITY, AND THE BOARD OF 10 GOVERNORS OF WAYNE STATE UNIVERSITY FOR AN 8-YEAR TERM. 11 (B) AT THE GENERAL NOVEMBER ELECTION IN 2006, THE AT-LARGE 12 POSITIONS OF THE 2 MEMBERS OF THE BOARD OF REGENTS OF THE 13 UNIVERSITY OF MICHIGAN, THE BOARD OF TRUSTEES OF MICHIGAN STATE 14 UNIVERSITY, AND THE BOARD OF GOVERNORS OF WAYNE STATE UNIVERSITY 15 WHOSE 8-YEAR TERMS EXPIRE ON JANUARY 1, 2007 SHALL TERMINATE AND 16 SHALL NOT BE FILLED BY ELECTION IN 2006. AT THE GENERAL NOVEMBER 17 ELECTION IN 2006, DISTRICT 3 AND DISTRICT 4 SHALL EACH ELECT 1 18 MEMBER TO THE BOARD OF REGENTS OF THE UNIVERSITY OF MICHIGAN, THE 19 BOARD OF TRUSTEES OF MICHIGAN STATE UNIVERSITY, AND THE BOARD OF 20 GOVERNORS OF WAYNE STATE UNIVERSITY FOR AN 8-YEAR TERM. 21 (C) AT THE GENERAL NOVEMBER ELECTION IN 2008, THE AT-LARGE 22 POSITIONS OF THE 2 MEMBERS OF THE BOARD OF REGENTS OF THE 23 UNIVERSITY OF MICHIGAN, THE BOARD OF TRUSTEES OF MICHIGAN STATE 24 UNIVERSITY, AND THE BOARD OF GOVERNORS OF WAYNE STATE UNIVERSITY 25 WHOSE 8-YEAR TERMS EXPIRE ON JANUARY 1, 2009 SHALL TERMINATE AND 26 SHALL NOT BE FILLED BY ELECTION IN 2008. AT THE GENERAL NOVEMBER 27 ELECTION IN 2008, DISTRICT 1 AND DISTRICT 2 SHALL EACH ELECT 1 07765'02 4 1 MEMBER TO THE BOARD OF REGENTS OF THE UNIVERSITY OF MICHIGAN, THE 2 BOARD OF TRUSTEES OF MICHIGAN STATE UNIVERSITY, AND THE BOARD OF 3 GOVERNORS OF WAYNE STATE UNIVERSITY FOR AN 8-YEAR TERM. 4 (D) AT THE GENERAL NOVEMBER ELECTION IN 2010, THE AT-LARGE 5 POSITIONS OF THE 2 MEMBERS OF THE BOARD OF REGENTS OF THE 6 UNIVERSITY OF MICHIGAN, THE BOARD OF TRUSTEES OF MICHIGAN STATE 7 UNIVERSITY, AND THE BOARD OF GOVERNORS OF WAYNE STATE UNIVERSITY 8 WHOSE 8-YEAR TERMS EXPIRE ON JANUARY 1, 2011 SHALL TERMINATE AND 9 SHALL NOT BE FILLED BY ELECTION IN 2010. AT THE GENERAL NOVEMBER 10 ELECTION IN 2010, DISTRICT 1 AND DISTRICT 2 SHALL EACH ELECT 1 11 MEMBER TO THE BOARD OF REGENTS OF THE UNIVERSITY OF MICHIGAN, THE 12 BOARD OF TRUSTEES OF MICHIGAN STATE UNIVERSITY, AND THE BOARD OF 13 GOVERNORS OF WAYNE STATE UNIVERSITY FOR AN 8-YEAR TERM. 14 (E) AT THE GENERAL NOVEMBER ELECTION IN 2012 AND EVERY SUB- 15 SEQUENT EVEN-YEAR GENERAL NOVEMBER ELECTION, A DISTRICT THAT HAS 16 PREVIOUSLY ELECTED A MEMBER OF THE BOARD OF REGENTS OF THE 17 UNIVERSITY OF MICHIGAN, THE BOARD OF TRUSTEES OF MICHIGAN STATE 18 UNIVERSITY, AND THE BOARD OF GOVERNORS OF WAYNE STATE UNIVERSITY, 19 WHOSE 8-YEAR TERM EXPIRES ON THE JANUARY 1 FOLLOWING THAT GENERAL 20 NOVEMBER ELECTION, SHALL ELECT A MEMBER TO THE BOARD OF REGENTS 21 OF THE UNIVERSITY OF MICHIGAN, THE BOARD OF TRUSTEES OF MICHIGAN 22 STATE UNIVERSITY, AND THE BOARD OF GOVERNORS OF WAYNE STATE 23 UNIVERSITY FOR AN 8-YEAR TERM. 24 (4) THE TERM OF OFFICE OF A MEMBER OF A BOARD DESCRIBED IN 25 THIS SECTION BEGINS AT 12 NOON ON THE FIRST JANUARY 1 AFTER HIS 26 OR HER ELECTION AND CONTINUES UNTIL A SUCCESSOR IS ELECTED AND 27 QUALIFIED. 07765'02 5 1 (5) A PERSON IS NOT ELIGIBLE FOR ELECTION TO A BOARD 2 DESCRIBED IN THIS SECTION FROM A DISTRICT IF THE PERSON IS NOT A 3 REGISTERED AND QUALIFIED ELECTOR OF THAT DISTRICT ON THE DATE THE 4 PERSON IS NOMINATED FOR THE OFFICE. 5 (6) A PERSON WHO HAS BEEN CONVICTED OF A VIOLATION OF SEC- 6 TION 12A(1) OF 1941 PA 370, MCL 38.412A, IS NOT ELIGIBLE FOR MEM- 7 BERSHIP ON A BOARD DESCRIBED IN THIS SECTION FOR A PERIOD OF 20 8 YEARS AFTER CONVICTION. 9 Sec. 282. (1) SUBSECTION (2) APPLIES UNTIL THE GENERAL 10 NOVEMBER ELECTION IN 2004. SUBSECTION (3) APPLIES TO THE GENERAL 11 NOVEMBER ELECTION IN 2004 AND THEREAFTER. 12 (2) At its fall state convention each political party may 13 nominate 2 candidates for membership on the board of regents of 14 the University of Michigan, 2 candidates for membership on the 15 board of trustees of Michigan State University and 2 candidates 16 for membership on the board of governors of Wayne State 17 University. Nomination to membership on the board of regents of 18 the University of Michigan shall occur in 1966 and every second 19 year thereafter. Nomination to the board of trustees of Michigan 20 State University and to the board of governors of Wayne State 21 University shall occur in 1964 and every second year thereafter. 22 (3) AT ITS FALL STATE CONVENTION PRECEDING A GENERAL 23 NOVEMBER ELECTION IN WHICH A DISTRICT DESCRIBED IN SECTION 281A 24 IS ENTITLED TO ELECT AN INDIVIDUAL TO THE OFFICE OF MEMBER OF THE 25 BOARD OF REGENTS OF THE UNIVERSITY OF MICHIGAN, THE BOARD OF 26 TRUSTEES OF MICHIGAN STATE UNIVERSITY, AND THE BOARD OF GOVERNORS 27 OF WAYNE STATE UNIVERSITY, EACH POLITICAL PARTY MAY NOMINATE 1 07765'02 6 1 REGISTERED AND QUALIFIED ELECTOR OF THAT DISTRICT AS A CANDIDATE 2 FOR THAT OFFICE. 3 Sec. 289. Subject to section 286a, the term of office of 4 members of the state board of education , the board of regents 5 of the University of Michigan, the board of trustees of Michigan 6 State University, and the board of governors of Wayne State 7 University shall be IS 8 years and shall begin at 12 noon on 8 January 1 next following their election. The terms of office of 9 members of said boards shall continue until a successor is 10 elected and qualified. 11 Sec. 294. (1) Whenever SUBJECT TO SUBSECTION (2), IF a 12 vacancy shall occur OCCURS on the state board of education, the 13 board of regents of the University of Michigan, the board of 14 trustees of Michigan State University, or the board of governors 15 of Wayne State University, the governor shall appoint a successor 16 to fill such THAT vacancy, and the person so appointed shall 17 take the oath of office and shall hold office for the remainder 18 of the unexpired term and until his OR HER successor is elected 19 and qualified. A THE candidate receiving the highest number of 20 votes for membership on any of said boards THE BOARDS DESCRIBED 21 IN THIS SUBSECTION and who has subscribed to the constitutional 22 oath shall be deemed to be IS elected and qualified even 23 though IF a vacancy occurs prior to the time he shall have OR 24 SHE HAS entered upon the duties of his OR HER office. 25 (2) AFTER THE GENERAL NOVEMBER ELECTION IN 2004, IF A 26 VACANCY DESCRIBED IN SUBSECTION (1) OCCURS ON THE BOARD OF 27 REGENTS OF THE UNIVERSITY OF MICHIGAN, THE BOARD OF TRUSTEES OF 07765'02 7 1 MICHIGAN STATE UNIVERSITY, OR THE BOARD OF GOVERNORS OF WAYNE 2 STATE UNIVERSITY, AND THE PREVIOUS HOLDER OF THAT OFFICE WAS 3 ELECTED FROM A DISTRICT UNDER SECTION 281A, THE GOVERNOR SHALL 4 APPOINT A REGISTERED AND QUALIFIED ELECTOR OF THAT DISTRICT TO 5 FILL THE VACANCY. 6 Enacting section 1. Section 286 of the Michigan election 7 law, 1954 PA 116, MCL 168.286, is repealed. 8 Enacting section 2. 1963 (2nd Ex Sess) PA 23, MCL 390.691 9 to 390.693, is repealed. 07765'02 Final page. DAM