September 18, 2008, Introduced by Reps. Hune and Ward and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
by amending sections 411a and 412a (MCL 380.411a and 380.412a),
section 411a as amended by 2007 PA 29 and section 412a as amended
by 2004 PA 303.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 411a. (1) This section applies to a first class school
district only if the question under section 410 is not approved in
the first class school district.
(2) Four members of the board of a first class school district
shall be elected at large. The following provisions apply to the
terms, nomination, and election of the at large members of the
board of a school district organized as a first class school
district:
(a) Four members shall be elected for a term of 4 years at the
general election to be held in the next November after the question
under section 410 is presented to the school electors of the first
class school district and every 4 years after that November.
(b) Each candidate shall be nominated at a primary held in
conjunction with the preceding primary election conducted pursuant
to section 534 of the Michigan election law, 1954 PA 116, MCL
168.534. The nominating petitions shall contain not less than 500
or more than 1,000 signatures of registered school electors of the
city in which the first class school district is located; shall
meet the requirements of section 544c of the Michigan election law,
1954 PA 116, MCL 168.544c; and shall be filed with the clerk of the
city in which the first class school district is located on or
before 4 p.m. of the twelfth Tuesday before the primary election.
The city clerk may compare the signatures on the petitions with the
signatures appearing on the registration records, or in some other
proper manner determine whether the signatures appearing on the
petition are genuine and comply with the requirements of this
section. With the petitions, a candidate shall file an affidavit as
provided in section 558 of the Michigan election law, 1954 PA 116,
MCL 168.558. The clerk of the city shall notify the county clerk of
the name and address of each candidate not later than 3 days after
the last day for candidate withdrawal. However, if the third day is
a Saturday, Sunday, or legal holiday, the notice may be made on the
next day that is not a Saturday, Sunday, or legal holiday.
(c) Each member shall commence his or her term of office on
January 1 following his or her election.
(3) The board of a first class school district shall elect its
officers during the month of January following the election of
board members. The president of the board shall be a member of the
board, and the duties of the president shall be determined by the
board.
(4) A board member of a first class school district who is
recalled may be a candidate for the same office at the next
election for an office at which the recalled member is otherwise
eligible.
(5) The term of office of each board member serving in a
school district that becomes a first class school district after
April 15, 2004 expires on the next succeeding December 31 of an
even numbered year, except that if the school district becomes a
first class school district later than April 1 of an even numbered
year, the term of office of each board member expires on December
31 of the next succeeding even numbered year after the year in
which the district became a first class school district. For a
district becoming a first class school district after April 15,
2004, 4 school board members shall be elected in the general
election of the even numbered year in which the terms of office
expire, and the 4 school board members elected shall commence 4-
year terms on January 1 of the odd numbered year following the
general election.
(6) If a vacancy occurs on the first class school district
board from among the at large members, the vacancy shall be filled
by majority vote of the remaining first class school district board
members at a meeting called by the president of the board for that
purpose. If a person is appointed to fill a vacancy for which the
unexpired term is more than 1 year and 8 months, that person shall
serve until January 1 following the next general election. At that
first general election the vacancy shall be filled for the
unexpired term. A vacancy shall not be filled later than 60 days
before a primary election at which at large board members are to be
nominated.
(7) A candidate for the office of board member at large or a
person appointed to fill a vacancy on the board pursuant to
subsection (6) shall be 18 years of age or older at the time of his
or her election or appointment and shall be a registered school
elector residing in the first class school district in which the
person becomes a candidate or which the person is appointed to
represent. If an at large member's residence is moved from the
first class school district during the at large member's term of
office, it constitutes a vacating of office. If an individual's
spouse, child, parent, or sibling is an employee of the first class
school district, the individual is not eligible for election or
appointment as a board member. If the spouse, child, parent, or
sibling of an at-large member becomes an employee of the first
class school district, it constitutes a vacating of office.
Sec. 412a. (1) This section applies to a first class school
district only if the question under section 410 is not approved in
the first class school district.
(2) In the next November general election after the question
under section 410 is presented to the school electors of the first
class school district, 7 members of the board of a first class
school district shall be elected by voting districts for an initial
term of 2 years. At the November general election held 2 years
after that election and every 4 years thereafter, 7 members of the
board shall be elected by voting districts for a term of 4 years.
Each member shall represent a voting district described in section
404b.
(3) The members shall be nominated and elected by the
registered school electors of each voting district in the manner
provided by law for the nomination and election of the first class
school board members elected at large, except that the number of
signatures required on nominating petitions of a candidate for
election as a representative of a voting district shall be not less
than 250 or more than 500. A signature on a nominating petition is
not valid unless the petitioner is a registered school elector of
the voting district in which the candidate is running for election.
Not more than 2 candidates shall be nominated at the primary
election for each voting district.
(4) Candidates shall be nominated at a primary held in
conjunction with the preceding primary election conducted pursuant
to section 534 of the Michigan election law, 1954 PA 116, MCL
168.534. Nominating petitions shall meet the requirements of
section 544c of the Michigan election law, 1954 PA 116, MCL
168.544c, and shall be filed with the clerk of the city in which
the first class school district is located on or before 4 p.m. of
the twelfth Tuesday preceding the primary election. The city clerk
may compare the signatures on the petitions with the signatures
appearing on the registration records, or in some other proper
manner determine whether the signatures appearing on the petitions
are genuine and comply with the requirements of this section. With
the petitions, a candidate shall file an affidavit as provided in
section 558 of the Michigan election law, 1954 PA 116, MCL 168.558.
(5) The 7 board members elected to represent the voting
districts shall commence their terms of office on January 1
following the election.
(6) A candidate for the office of board member representing a
voting district or a person appointed to fill a vacancy pursuant to
subsection (7) shall be 18 years of age or older at the time of his
or her election or appointment and shall be a registered school
elector residing in the voting district in which the person becomes
a candidate or which the person is appointed to represent. If a
voting district member's residence is moved from the voting
district during the voting district member's term of office, this
constitutes a vacating of office. If an individual's spouse, child,
parent, or sibling is an employee of the first class school
district, the individual is not eligible for election or
appointment as a board member. If the spouse, child, parent, or
sibling of a voting district member becomes an employee of the
first class school district, it constitutes a vacating of office.
(7) If a vacancy occurs on the first class school district
board from among the voting district members, the vacancy shall be
filled from among registered school electors of the voting district
by majority vote of the remaining first class school district board
members. If a person is appointed to fill a vacancy in a voting
district for which the unexpired term is more than 1 year and 8
months, that person shall serve until January 1 following the next
general election. At that next general election the vacancy shall
be filled for the unexpired term. A vacancy shall not be filled
later than 60 days before a primary election at which voting
district board members are to be nominated.