March 21, 2007, Introduced by Reps. Ward, Wenke, LaJoy and Hune and referred to the Committee on Education.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 302 and 644g (MCL 168.302 and 168.644g),
section 302 as amended by 2005 PA 71 and section 644g as amended by
2004 PA 293, and by adding section 642c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 302. An individual is eligible for election as a school
board member if the individual is a citizen of the United States
and is a qualified and registered elector of the school district
the individual seeks to represent by the filing deadline. At least
1 school board member for a school district shall be elected at
each of the school district's regular elections held as provided in
section
642 or 642a 642c. Except as otherwise provided in this
section or section 310 or 644g, a school board member's term of
office is prescribed by the applicable provision of section 11a,
617, 701, or 703 of the revised school code, 1976 PA 451, MCL
380.11a, 380.617, 380.701, and 380.703, or section 34, 34a, 41, 54,
or 83 of the community college act of 1966, 1966 PA 331, MCL
389.34, 389.34a, 389.41, 389.54, and 389.83. Except as provided in
section 302a, if a ballot question changing the number of school
board members or changing the terms of office for school board
members pursuant to section 11a of the revised school code, 1976 PA
451, MCL 380.11a, is proposed and a school district needs a
temporary variance from the terms of office provisions in this act
and the revised school code, 1976 PA 451, MCL 380.1 to 380.1852, to
phase in or out school board members' terms of office, the school
board shall submit the proposed ballot question language and a
proposed transition plan to the secretary of state at least 30 days
before the school board submits the ballot question language to the
school district election coordinator pursuant to section 312. The
secretary of state shall approve or reject the proposed transition
plan within 10 business days of receipt of the proposed transition
plan. The secretary of state shall approve the proposed transition
plan if the plan provides only temporary relief to the school
district from the terms of office provisions in this act and the
revised school code, 1976 PA 451, MCL 380.1 to 380.1852, until such
time that the terms of office for school board members can be made
to comply with this act and the revised school code, 1976 PA 451,
MCL 380.1 to 380.1852. The school board shall not submit the
proposed ballot question language to the school district election
coordinator pursuant to section 312 until the proposed transition
plan is approved by the secretary of state. A school board member's
term begins on 1 of the following dates:
(a) If elected at an election held on a November regular
election date, January 1 immediately following the election.
(b) If elected at an election held on a May regular election
date, July 1 immediately following the election.
Sec. 642c. (1) Beginning January 1, 2008, a school district
shall hold its regular election for the office of school board
member on 1 of the following:
(a) The odd year general election.
(b) The general November election.
(2) A school district's school board shall adopt a resolution
to hold its regular election on a date in compliance with this
section.
Sec. 644g. (1) A term of office shall not be shortened by the
provisions of sections 641 to 644i. An officer scheduled by prior
law to be elected at a time other than the odd year general
election shall not be elected on the date scheduled but shall
continue in office until a successor takes office after being
elected in the first odd year general election following that date.
If the regular election date for holding a jurisdiction's regular
election
is changed under section 642, or 642a, or 642c, the term
of an official who was elected before the effective date of the
change continues until a successor is elected and qualified at the
next regular election.
(2) Notwithstanding a law or charter provision to the
contrary, an officer required to be elected at the odd year general
election, who by law or charter is elected for a term of an odd
number of years shall, after September 1, 2004, be elected for a
term of 1 year longer than provided by law or charter.
(3) In home rule cities where the charter provides for the
election of city officers at a time other than at the odd year
general election and provides that members of the governing body
are not all to be elected in the same year, the governing body by
ordinance adopted prior to April 1, 1971 may alter the length of
terms now provided by charter to provide that the city may continue
to elect part of the governing body at each election. A term shall
not be extended beyond January 1 following the first odd year
general election at which the officer would be elected as provided
by charter. A term shall not be for more than 4 years.
Enacting section 1. This amendatory act takes effect January
1, 2008.