June 13, 2007, Introduced by Senator GLEASON and referred to the Committee on Campaign and Election Oversight.
A bill to amend 1966 PA 261, entitled
"An act to provide for the apportionment of county boards of
commissioners; to prescribe the size of the board; to provide for
appeals; to prescribe the manner of election of the members of the
county board of commissioners; to provide for compensation of
members; to prescribe penalties and provide remedies; and to repeal
acts and parts of acts,"
by amending sections 11 and 12 (MCL 46.411 and 46.412), section 11
as amended by 2002 PA 158 and section 12 as amended by 1982 PA 504.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11. A candidate for the office of county commissioner
shall be a resident and registered voter of the district that he or
she seeks to represent and shall remain a resident and registered
voter to hold his or her office, if elected. Nominations and
elections
for commissioners shall be by partisan elections. In
order
for For the name of a candidate for nomination for the
office
of county commissioner to appear on the official primary ballot, a
nominating petition or $100.00 filing fee shall be filed with the
county clerk. The nominating petition shall have been signed by a
number of qualified and registered electors residing within the
district as determined under section 544f of the Michigan election
law, 1954 PA 116, MCL 168.544f. The deadline for filing nomination
petitions or filing fees is the same as for a candidate for state
representative.
A person who has been convicted of a violation of
section
12a(1) of 1941 PA 370, MCL 38.412a, 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 be a candidate for or to hold the office of
county
commissioner. for 20 years after the conviction.
Sec. 12. When a vacancy occurs in the office of commissioner
by
death, resignation, removal from the district, or removal from
office, or upon a commissioner's conviction 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, the vacancy shall be filled by appointment within 30 days by
the county board of commissioners of a resident and registered
voter of that district. 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
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 be eligible
for appointment to the
office
of county commissioner. for a period of 20 years after
conviction.
The person appointed to fill a
vacancy which occurred
that occurs in an odd numbered year shall serve until the vacancy
is filled in a special election. That special election shall be
called by the county board of commissioners. The person appointed
to
fill a vacancy which that occurs in a year which is an election
year for the office of county commissioner shall serve for the
remainder of the unexpired term. If the county board of
commissioners does not fill the vacancy by appointment within 30
days, that vacancy shall be filled by a special election regardless
of whether the year is an election year or an odd year.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 520 of the 94th Legislature is enacted into
law.