SENATE BILL No. 520

 

 

May 22, 2007, Introduced by Senator GLEASON and referred to the Committee on Campaign and Election Oversight.

 

 

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 71, 191, 207, 238, 252, 268, 281, 302, 327,

 

342, 369, and 383 (MCL 168.71, 168.191, 168.207, 168.238, 168.252,

 

168.268, 168.281, 168.302, 168.327, 168.342, 168.369, and 168.383),

 

sections 71, 191, 281, and 342 as amended by 1999 PA 218, section

 

302 as amended by 2005 PA 71, and sections 327 and 383 as amended

 

by 1982 PA 505.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 71. (1) A person shall is not be eligible to the offices

 

office of secretary of state or attorney general if the person is

 

not a registered and qualified elector of this state by the date

 

the person is nominated for the office.

 

     (2) A person who has been convicted of a violation of section


 

12a(1) of 1941 PA 370, MCL 38.412a, shall not be eligible to the

 

offices of secretary of state or attorney general for a period of

 

20 years after conviction felony under the laws of this state or an

 

offense under the law of another state or the United States

 

substantially corresponding to a felony in this state is not

 

eligible to the office of secretary of state or attorney general.

 

     Sec. 191. (1) A person shall is not be eligible to the office

 

of county clerk, county treasurer, register of deeds, prosecuting

 

attorney, sheriff, drain commissioner, or surveyor , or coroner if

 

the person is not a registered and qualified elector of the county

 

in which election is sought by the filing deadline.

 

     (2) A person who has been convicted of a violation of section

 

12a(1) of 1941 PA 370, MCL 38.412a, shall not be eligible to any of

 

the offices enumerated in this section for a period of 20 years

 

after conviction felony under the laws of this state or an offense

 

under the law of another state or the United States substantially

 

corresponding to a felony in this state is not eligible for

 

election or appointment to an office enumerated in this section.

 

     Sec. 207. (1) The governor may remove any and all county

 

officers a county officer named in section 200 of this chapter when

 

he shall be 191 if the governor is satisfied from sufficient the

 

evidence submitted to him, as hereinafter provided, that such the

 

officer has been guilty of official misconduct, or of wilful

 

willful neglect of duty, or of extortion, or habitual drunkenness ,

 

or has been convicted of being drunk. , or whenever it shall appear

 

by a certified copy of the judgment of a court of record of this

 

state that such officer, after his election or appointment, shall


 

have been convicted of a felony; but the The governor shall not

 

take no action upon any such the charges made to him against any

 

such the officer until the same shall have been exhibited to him

 

charges are submitted in writing , and verified by the affidavit

 

sworn statement of the party making them , that he or she believes

 

the charges to be true. But no such The officer shall not be

 

removed for such misconduct or neglect until charges thereof shall

 

have been exhibited of misconduct or neglect are submitted to the

 

governor as above provided and in this section, a copy of the same

 

charges is served on such the officer, and an opportunity is given

 

him the officer of being heard in his or her defense. : Provided,

 

That the The service of such charges upon the person or persons

 

officer complained against shall be made by handing to such person

 

or persons the officer a copy of such the charges, together with

 

all affidavits or exhibits which may be attached to the original

 

petition if such person or persons the officer can be found; and if

 

not, by leaving a copy at the last place of residence of such

 

person or persons the officer, with some person of suitable age, if

 

such person can be found; and if not, by posting it in some

 

conspicuous place upon his the officer's last known place of

 

residence. No officer who has been removed in accordance with the

 

provisions of this section shall be eligible to election or

 

appointment to any office for a period of 3 years from the date of

 

such removal.

 

     (2) A county office named in section 191 becomes vacant

 

immediately upon the officer's conviction of a felony, regardless

 

of declaration by an officer or any official acceptance.


 

     Sec. 238. (1) A person is not eligible for election to the

 

office of county auditor if the person has been convicted of a

 

felony under the laws of this state or an offense under the law of

 

another state or the United States substantially corresponding to a

 

felony in this state.

 

     (2) The governor may remove any county auditor when he shall

 

be satisfied from if the governor finds, based on sufficient

 

evidence, submitted to him, as hereinafter provided, that such the

 

officer has been guilty of official misconduct, or of wilful

 

willful neglect of duty, or of extortion, or habitual drunkenness ,

 

or has been convicted of being drunk. , or whenever it shall appear

 

by a certified copy of the judgment of a court of record of this

 

state that such officer, after his election or appointment, shall

 

have been convicted of a felony; but the

 

     (3) The governor shall not take no action upon any such

 

charges made to him a charge against any such an officer until the

 

same shall have been exhibited to him charge is submitted to the

 

governor in writing, verified by the affidavit of the party making

 

them, that he with the sworn statement of the charging party,

 

stating that he or she believes the charges to be true. But no such

 

An officer shall not be removed for such misconduct or neglect

 

until charges thereof shall have been exhibited the charge is

 

submitted to the governor as above provided, and a copy of the same

 

charge is served on such the officer, and an opportunity is given

 

him of being the officer to be heard in his or her defense. :

 

Provided, That the service of such charges upon the person or

 

persons complained against shall be made by handing to such person


 

or persons a copy of such charges, together with all affidavits or

 

exhibits which may be attached to the original petition if such

 

person or persons can be found; and if not, by leaving a copy at

 

the last place of residence of such person or persons, with some

 

person of suitable age, if such person can be found; and if not, by

 

posting it in some conspicuous place upon his last known place of

 

residence. No officer who has been removed in accordance with the

 

provisions of this section shall be eligible to election or

 

appointment to any office for a period of 3 years from the date of

 

such removal. The service required in this subsection shall be made

 

by personal service on the officer and shall include a copy of the

 

charge and each sworn statement and exhibit attached to the

 

original petition. If the officer cannot be found, service may be

 

made by leaving a copy at the officer's last known place of

 

residence with a person of suitable age, if a person of suitable

 

age can be found, and if not, by posting the copy of the charge in

 

a conspicuous place at the officer's last known place of residence.

 

     (4) The office of county auditor becomes vacant immediately

 

upon the county auditor's conviction of a felony, regardless of

 

declaration by an officer or any official acceptance.

 

     Sec. 252. (1) No A person shall be is not eligible to the

 

office of county road commissioner who shall not have been unless

 

he or she is a citizen of the United States and a qualified and

 

registered elector of the county in which election is sought for at

 

least 1 year next preceding before his or her election. , nor shall

 

A person is not eligible to the office of county road commissioner

 

if he be or she is a member of the county board of supervisors


 

commissioners.

 

     (2) A person is not eligible to the office of county road

 

commissioner if the person has been convicted of a felony under the

 

laws of this state or an offense under the law of another state or

 

the United States substantially corresponding to a felony in this

 

state.

 

     Sec. 268. (1) The governor may remove any a county road

 

commissioner when he shall be if the governor is satisfied from

 

sufficient the evidence submitted to him, as hereinafter provided,

 

that such the officer has been guilty of official misconduct, or of

 

wilful willful neglect of duty, or of extortion, or habitual

 

drunkenness , or has been convicted of being drunk. , or whenever

 

it shall appear by a certified copy of the judgment of a court of

 

record of this state that such officer, after his election or

 

appointment, shall have been convicted of a felony; but the The

 

governor shall not take no action upon any such the charges made to

 

him against any such the officer until the same shall have been

 

exhibited to him charges are submitted in writing , and verified by

 

the affidavit sworn statement of the party making them , that he or

 

she believes the charges to be true. But no such The officer shall

 

not be removed for such misconduct or neglect until charges thereof

 

shall have been exhibited of misconduct or neglect are submitted to

 

the governor as above provided in this section and a copy of the

 

same charges is served on such the officer, and an opportunity is

 

given him the officer of being heard in his or her defense. :

 

Provided, That the The service of such charges upon the person or

 

persons officer complained against shall be made by handing to such


 

person or persons the officer a copy of such the charges, together

 

with all affidavits or exhibits which may be attached to the

 

original petition, if such person or persons the officer can be

 

found; and if not, by leaving a copy at the last place of residence

 

of such person or persons the officer, with some person of suitable

 

age, if such person can be found; and if not, by posting it in some

 

conspicuous place upon his the officer's last known place of

 

residence. No officer who has been removed in accordance with the

 

provisions of this section shall be eligible to election or

 

appointment to any office for a period of 3 years from the date of

 

such removal.

 

     (2) The office of county road commissioner becomes vacant

 

immediately upon the county road commissioner's conviction of a

 

felony, regardless of declaration by an officer or any official

 

acceptance.

 

     Sec. 281. (1) A person shall is not be eligible to membership

 

on the state board of education, the board of regents of the

 

university of Michigan, the board of trustees of Michigan state

 

university, or the board of governors of Wayne state university if

 

the person is not a registered and qualified elector of this state

 

on the date the person is nominated for the office.

 

     (2) A person who has been convicted of a violation of section

 

12a(1) of 1941 PA 370, MCL 38.412a, shall not be eligible to

 

membership on any of the boards enumerated in this section for a

 

period of 20 years after conviction felony under the laws of this

 

state or an offense under the law of another state or the United

 

States substantially corresponding to a felony in this state is not


 

eligible for election or appointment to membership on any of the

 

boards enumerated in this section.

 

     (3) The office of a member of a board enumerated in this

 

section becomes vacant immediately upon the board member's

 

conviction of a felony, regardless of declaration by an officer or

 

any official acceptance.

 

     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, and has

 

not been convicted of a felony under the laws of this state or an

 

offense under the law of another state or the United States

 

substantially corresponding to a felony in this state. 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. 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. 327. (1) A person who has been convicted of a felony

 

under the laws of this state or an offense under the law of another

 

state or the United States substantially corresponding to a felony

 

in this state is not eligible for election or appointment to an


 

elective city office.

 

     (2) The governor shall remove all city officers chosen by the

 

electors the holder of an elective office of a city or any a ward

 

or voting district of a city , when if the governor is satisfied

 

from finds, based on sufficient evidence, submitted to the governor

 

that the officer has been is guilty of official misconduct, wilful

 

willful neglect of duty, extortion, or habitual drunkenness , or

 

has been convicted of being drunk. , or whenever it appears by a

 

certified copy of the judgment of a court of record of this state

 

that a city officer, after the officer's election or appointment,

 

has been convicted of a felony.

 

     (3) The governor shall not take action upon any charges made

 

to the governor a charge against a city officer until the charges

 

have been exhibited charge is submitted to the governor in writing,

 

verified by the affidavit with the sworn statement of the charging

 

party, making them, stating that he or she believes the charges

 

charge to be true. But a A city officer shall not be removed for

 

misconduct or neglect until charges of misconduct or neglect have

 

been exhibited the charge is submitted to the governor as provided

 

in this section, and a copy of the charges charge is served on the

 

officer, and an opportunity is given the officer of being to be

 

heard in his or her defense. The service of the charges upon the

 

officer complained against required in this subsection shall be

 

made by personal service to the officer of and shall include a copy

 

of the charges, together with all affidavits or exhibits which may

 

be charge and each sworn statement and exhibit attached to the

 

original petition. , if the officer can be found; and if not, If


 

the officer cannot be found, service may be made by leaving a copy

 

at the officer's last known place of residence of the officer, with

 

a person of suitable age, if a person of suitable age can be found,

 

; and if not, by posting the copy of the charges charge in a

 

conspicuous place at the officer's last known place of residence.

 

An officer who has been removed from office pursuant to this

 

section shall not be eligible for election or appointment to any

 

office for a period of 3 years from the date of the removal. A

 

person who has been convicted of a violation of section 12a(1) of

 

Act No. 370 of the Public Acts of 1941, being section 38.412a of

 

the Michigan Compiled Laws, shall not be eligible for election or

 

appointment to an elective or appointive city office for a period

 

of 20 years after conviction.

 

     (4) An elective office of a city, a ward, or a voting district

 

of a city becomes vacant immediately upon the officer's conviction

 

of a felony, regardless of declaration by an officer or any

 

official acceptance.

 

     Sec. 342. (1) A person shall is not be eligible to a an

 

elective township office unless the person is a registered and

 

qualified elector of the township in which election is sought by

 

the filing deadline. A person shall is not be eligible for

 

membership on the board of review unless, in addition to the

 

qualifications for eligibility to a an elective township office,

 

the person is a landowner and taxpayer in the township.

 

     (2) A person who has been convicted of a violation of section

 

12a(1) of 1941 PA 370, MCL 38.412a, shall not be eligible for

 

election or appointment to an elective or appointive township


 

office for a period of 20 years after conviction felony under the

 

laws of this state or an offense under the law of another state or

 

the United States substantially corresponding to a felony in this

 

state is not eligible for election or appointment to an elective

 

township office.

 

     Sec. 369. (1) The governor shall remove a township officer

 

chosen by the electors of any township , when if the governor is

 

satisfied from the evidence submitted that the officer has been

 

guilty of official misconduct, wilful willful neglect of duty,

 

extortion, or habitual drunkenness , or has been convicted of being

 

drunk. , or when it appears by a certified copy of the judgment of

 

a court of record of this state that the officer, after the

 

officer's election or appointment, was convicted of a felony. The

 

governor shall not take action upon the charges made against the

 

officer until the charges are exhibited submitted in writing , and

 

verified by the affidavit sworn statement of the party making the

 

charges that the party believes the charges to be true. The officer

 

shall not be removed for misconduct or neglect until charges of the

 

misconduct or neglect are exhibited submitted to the governor as

 

provided in this section, a copy of the charges is served on the

 

officer, and an opportunity is given to the officer of being heard

 

in his defense. The service of the charges upon the officer shall

 

be made by handing to the officer a copy of the charges, together

 

with the affidavits or exhibits which may be attached to the

 

original petition if the officer can be found. ; if If the officer

 

cannot be found, a copy shall be left at the last place of

 

residence of the officer with a person of suitable age, if a person


 

can be found. If a person of suitable age cannot be found, a copy

 

shall be posted in a conspicuous place upon the officer's last

 

known place of residence. An officer who has been removed in

 

accordance with this section shall not be eligible for election or

 

appointment to an office for a period of 3 years after the date of

 

removal from office.

 

     (2) An elective township office becomes vacant immediately

 

upon the officer's conviction of a felony, regardless of

 

declaration by an officer or any official acceptance.

 

     Sec. 383. (1) A person who has been convicted of a felony

 

under the laws of this state or an offense under the law of another

 

state or the United States substantially corresponding to a felony

 

in this state is not eligible for election or appointment to an

 

elective village office.

 

     (2) The governor shall remove all village officers chosen by

 

the electors of a village when the holder of an elective village

 

office if the governor is satisfied from finds, based on sufficient

 

evidence, submitted to the governor that the officer has been is

 

guilty of official misconduct, wilful willful neglect of duty,

 

extortion, or habitual drunkenness , or has been convicted of being

 

drunk. , or whenever it appears by a certified copy of the judgment

 

of a court of record of this state that a village officer, after

 

the officer's election or appointment, has been convicted of a

 

felony.

 

     (3) The governor shall not take action upon any charges made

 

to the governor a charge against a village officer until the

 

charges have been exhibited charge is submitted to the governor in


 

writing, verified by the affidavit with the sworn statement of the

 

charging party making them, stating that the party believes the

 

charges charge to be true. A village officer shall not be removed

 

for misconduct or neglect until charges of misconduct or neglect

 

have been exhibited the charge is submitted to the governor as

 

provided in this section, and a copy of the charges charge is

 

served on the officer, and an opportunity is given the officer of

 

being to be heard in his or her defense. The service of the charges

 

upon the person or persons complained against required under this

 

subsection shall be made by personal service to the officer of and

 

shall include a copy of the charges, together with all affidavits

 

or exhibits which may be charge and each sworn statement and

 

exhibit attached to the original petition. , if the officer can be

 

found; and if not, If the officer cannot be found, service may be

 

made by leaving a copy of the charges charge at the officer's last

 

known place of residence of the officer with a person of suitable

 

age, if a person of suitable age can be found, ; and if not, by

 

posting the copy of the charges charge in a conspicuous place at

 

the officer's last known place of residence. An officer who has

 

been removed from office pursuant to this section shall not be

 

eligible for election or appointment to any office for a period of

 

3 years from the date of the removal from office. A person who has

 

been convicted of a violation of section 12a(1) of Act No. 370 of

 

the Public Acts of 1941, being section 38.412a of the Michigan

 

Compiled Laws, shall not be eligible for election or appointment to

 

an elective or appointive village office for a period of 20 years

 

after conviction.


 

     (4) An elective village office becomes vacant immediately upon

 

the officer's conviction of a felony, regardless of declaration by

 

an officer or any official acceptance.