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.