November 5, 2008, Introduced by Senators BROWN, PAPPAGEORGE and JANSEN and referred to the Committee on Education.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 24a and 307 (MCL 168.24a and 168.307), section
24a as amended by 1982 PA 154 and section 307 as added by 2003 PA
302.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 24a. (1) A 4-member board of county canvassers is
established in every county in this state. All of the powers
granted to and duties required by law to be performed by all boards
of canvassers established by law, other than the board of state
canvassers, boards of city canvassers in cities having more than 5
precincts, boards of canvassers in counties having a population of
1,500,000 or more, and boards of township canvassers in townships
having more than 5 precincts, are granted to and required to be
performed by the board of county canvassers.
(2) The board of county canvassers shall conduct all recounts
of elections in cities, townships, villages, school districts, or
any other districts and be vested with all of the powers and
required to perform all the duties in connection with any recount.
(3) If a city, village, school district, or any
other
district, other than a school district, lies in more than 1 county,
and a duty is to be performed by the board of county canvassers,
the board of county canvassers in the county in which the greatest
number of registered voters of the city, village, or district
resides at the close of registration for the election involved
shall perform the duty.
(4) If a school district lies in more than 1 county, the board
of county canvassers for each county in which a portion of the
school district lies shall canvass that portion of a school
district election that is held in that county. Upon completion of
the canvass, the clerk of the board of county canvassers shall
transmit the canvassed results to the county clerk of the county in
which the largest number of registered electors of that school
district reside. Upon receipt of the canvassed results, the county
clerk of the county in which the largest number of registered
electors of that school district reside shall make a statement of
returns and certify the results of the school district election to
the secretary of the school board.
(5) The cost of canvass of school, city, township, and village
elections shall be borne by the school district, city, township, or
village holding the election, and upon presentation of a bill for
the costs incurred by the board of county canvassers, the school
district, city, township, or village shall reimburse the county
treasurer.
(6) (2)
All boards of canvassers provided
for in law including
boards of school canvassers, the duties of which are by this act
required to be performed by boards of county canvassers, are
abolished.
(7) (3)
Members of the board of county canvassers shall be
appointed for terms of 4 years beginning on November 1 following
their appointment. Of the members first appointed, 1 member of each
of
the political parties represented on the canvassing board of
county canvassers shall be appointed for a term of 4 years and 1
for
a term of 2 years. Members The
county clerk shall notify
members
of the board shall be notified of county canvassers of
their
appointment within 5 days thereafter by the county clerk of
being appointed.
(8) (4)
This section shall apply applies to
all elections, any
charter provision to the contrary notwithstanding.
Sec. 307. (1) The appropriate board of canvassers as
prescribed in section 24a or 30a shall canvass the votes for
candidates for school board member and votes for and against a
ballot question at a regular or special election in each school
district. That number of candidates equal to the number of
individuals to be elected who receive the greatest number of votes
cast at the election, as set forth in the report of the board of
canvassers canvassing the votes, based upon the returns from the
election precincts or as determined by the board of canvassers as a
result of a recount, are elected to the office of school board
member.
Upon Except as otherwise
provided in section 24a(4), upon
completion of the canvass, the board of canvassers shall make a
statement of returns and certify the election of school board
members to the secretary of the school board, the county clerk,
and, if other than the county clerk, the school district election
coordinator.
(2) The votes cast for a candidate for school board member or
on a ballot question submitted to the electors at a school election
are subject to recount as provided in chapter XXXIII. An individual
elected to the office of school board member is subject to recall
as provided in chapter XXXVI and in section 8 of article II of the
state constitution of 1963.