SENATE BILL No. 1566

 

 

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.