HB-4005, As Passed Senate, November 3, 2011
January 13, 2011, Introduced by Rep. Heise and referred to the Committee on Redistricting and Elections.
<<A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 302, 642, 642a, and 644g (MCL 168.302,
168.642, 168.642a, and 168.644g), section 302 as amended by 2005
PA 71, section 642 as amended by 2004 PA 292, section 642a as
amended by 2010 PA 222, and section 644g as amended by 2004 PA 293,
and by adding section 642c.>>
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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. 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 642c. 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
House Bill No. 4005 as amended November 3, 2011 (1 of 5)
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. 642. (1) Except as otherwise provided in this section
and section 642a, on the effective date of this act, a city shall
hold its regular election or regular primary election as follows:
(a) A city shall hold its regular election for a city office
at the odd year general election.
(b) A city shall hold its regular election primary at the odd
year primary election.
(c) A city that holds its regular election for a city office annually or in the even year on the November regular election date
shall continue holding elections on that schedule.
(d) A city that holds its regular election primary for a city office annually or in the even year on the August regular primary election date shall continue holding primary elections on that
schedule.
(2) If, on September 1, 2004, a city holds its regular election
at other than a regular November election date, the city council
may choose to hold the regular election on the May regular election
date by adopting a resolution in compliance with this section. Except
as provided in section 642a, if a city council adopts the resolution
in compliance with this section to hold its regular election on the
May regular election date, after December 31, 2004, the city's regular election is on the May regular election date. If a city's regular election is held on the May regular election date, the city's regular election primary shall be held on the February regular election date immediately before its regular election.
(3) If, on September 1, 2004, a city holds its regular election annually or in the even year on the November regular election date,
the city council may choose to hold the regular election at the odd
year general election by adopting a resolution in compliance with this section. Except as provided in section 642a, if a city council adopts
the resolution in compliance with this section to hold its regular election at the odd year general election, after December 31, 2004,
the city's regular election is at the odd year election. If a city's regular election is held at the odd year general election, the city's regular election primary shall be held at the odd year primary
election.
(4) If, on September 1, 2004, a city holds its regular election annually on the November regular election date, the city council may choose to hold the regular election at the even year general election
by adopting a resolution in compliance with this section. Except as provided in section 642a, if a city council adopts the resolution in compliance with this section to hold its regular election at the even year general election, after December 31, 2004, the city's regular election is at the even year election. If a city's regular election
is held at the even year general election, the city's regular
election primary shall be held at the even year primary election.
(5) If, on September 1, 2004, a city holds its regular election primary at the September primary election, the city council may choose
to continue holding its regular election primary at the September
primary election by adopting a resolution in compliance with this section. Except as provided in section 642a(2), if a city council
adopts the resolution in compliance with this section to hold its
regular election primary at the September primary election, after December 31, 2004, the city's regular election primary is at the September primary election.
(6) Except as otherwise provided in this section and section
642a, on September 1, 2004, a village shall hold its regular election
as follows:
(a) A village shall hold its regular election for a village
office at the general election and the appropriate township clerk
shall conduct the election.
(b) A village shall not hold a regular primary election.
(7) A village council may make a 1-time choice to hold the
regular election at the September primary election by adopting a resolution in compliance with this section. Except as provided in
section 642a, if a village council adopts the resolution in compliance with this section to hold its regular election at the September
primary election, after December 31, 2004, the village's regular
election is at the September primary election and the village clerk
shall conduct the election. The resolution may provide for the terms
of office and for staggered terms. If a village's regular or special election is held in conjunction with another election conducted by a township, the village shall pay the township a proportionate share of
the election expenses. If a village's regular or special election is
not held in conjunction with another election conducted by a township, the village shall pay the township 100% of the actual costs of
conducting the village's regular or special election. The township
shall make voting equipment available to a village if the village conducts an election. If the village is located in more than 1 township, the township with the largest number of village electors shall furnish the voting equipment.
(8) Except as otherwise provided in this section and section
642a, on September 1, 2004, a school district shall hold its regular election
for the office of school board member at the odd year general election.
(9) If, on September 1, 2004, a school district holds
its regular election at other than the odd year general election, the school
district's school board may choose to hold its regular election on 1 of the
following by adopting a resolution in compliance with this section:
(a) The odd year May regular election date.
(b) The November regular election date in both even
and odd years.
(c) The May regular election date in both even and odd
years.
(8) (10) A resolution permitted under this section or section
642a is valid only if a city council , or village council , or school board adopts
the resolution in compliance with all of the following:
(a) The resolution is adopted before 1 of the following:
(i) If the resolution is permitted under subsection (2), (3), (4), (5), or (7), or (9) of this section, January 1, 2005.
(ii) If the resolution is permitted under section 642a(1) , or (2), or (3), January 1 of the year in which the
change in the date of the election takes effect.
(b) Before adopting the resolution, the council or
school board holds at least 1 public hearing on the resolution. The public
hearing
may be held on the same day and immediately before considering the adoption of the resolution.
(c) The council or school board gives notice of
each public
hearing on the resolution in a manner designed to reach the largest number of the jurisdiction's qualified electors in a timely fashion.
, and the notice states at least the following, as
applicable:
(i) That the hearing is being held on the issue of whether to
schedule the city's regular election on the May regular election date
and that, if the resolution is not adopted, the city's
regular
election will be held at the odd year general election.
(ii) That the hearing is being held on the issue of whether to
schedule the city's regular election primary at the September
primary election and that, if the resolution is not
adopted, the
city's regular election primary will be held on the odd
year primary election.
(iii) That the hearing is being held on the issue of whether to
schedule the village's regular election at the September primary
election and that, if the resolution is not adopted, the
village's regular election will be held at the general election.
(iv) That the hearing is being held on the issue of whether to
schedule the school district's regular election at other than the odd year
general election and that, if the resolution is not adopted,
the school district's regular election will be held at the
odd year general election. The notice shall specifically state the regular
election date permitted under subsection (8) on which the school
board is proposing that the school district's regular
election be
held.
(v) That the hearing is being held on the issue of whether to
schedule the school district's regular election at the odd year
general election and that, if the resolution is not
adopted, the
school district's regular election will continue to be held
on the
date on which it is currently being held.
(d) The council or school board votes on the
resolution and,
on a record roll call vote, a majority of the council's or
school
board's members, elected or appointed, and serving, adopt the
resolution.
(e) The council or school board files the
resolution with the secretary of state.
(11) This section takes effect September 1, 2004.
Sec. 642a. (1) After December 31, 2004, a city council that
adopted a resolution so that its regular election is held on the
May regular election date may change its regular election to the odd
year general election by adopting a resolution in compliance with
section 642. If a city council adopts the resolution in compliance
with section 642 to hold its regular election at the odd year general election, after December 31 of the year in which the resolution is adopted, the city's regular election is at the odd year general
election.
(2) After December 31, 2004, a city council that holds its
regular election for city offices annually or in the even year on
the November regular election date may change its regular election schedule to the odd year general election and the odd year primary election by adopting a resolution in compliance with section 642.
If a city council adopts the resolution in compliance with section
642, the city's regular election is at the odd year general election
and its primary is at the odd year primary election.
(3) After December 31, 2010, a city that adopted a resolution
so that its regular election primary is held at the September election shall hold its regular election primary at the odd year primary
election.
(4) After December 31, 2004, a school district's
school board
that adopted a resolution so that its regular election is
held on a
date other than at the odd year general election may change
its
regular election to the odd year general election, the
general
November election, the November regular election date in
both even and odd years, or the odd year May regular election date by adopting
a resolution in compliance with section 642. If a school board adopts the
resolution in compliance with section 642 to hold its regular election
at the odd year general election, the general November
election, the November regular election date in both even and odd years, or the
odd year May regular election date, after December 31 of the year in which the
resolution is adopted, the school board's school district shall
hold its regular election on the election date adopted in
the
resolution.
(5) After December 31, 2009, a school district's
school board
that holds its regular election for the office of school
board member
at the odd year general election may change its regular
election to
the general November election by adopting a resolution in
compliance
with section 642. If a school board adopts the resolution
in compliance with section 642 to hold its regular election at the general
November election, after December 31 of the year in which the resolution is
adopted, the school board's school district shall hold its regular election at
the general November election.
(4) (6) After December 31, 2004, a village council that adopted
a resolution so that its regular election is held on the September election date may change its regular election to the November regular election date by adopting a resolution in compliance with section 642.
If a village council adopts the resolution in compliance with section
642 to hold its regular election at the November regular election date, after December 31 of the year in which the resolution is adopted, the village's regular election is at the November regular election date.>>
Sec. 642c. Beginning January 1, 2012, a school district shall
hold its regular election for the office of school board member at
the general November election.
Sec. 644g. (1) A term of office shall not be shortened by the
provisions of sections 641 to 644i. An officer scheduled by prior
law to be elected at a time other than the odd year general
election shall not be elected on the date scheduled but shall
continue in office until a successor takes office after being
elected in the first odd year general election following that date.
If the regular election date for holding a jurisdiction's regular
election
is changed under section 642, or 642a, or 642c, the term
of an official who was elected before the effective date of the
change continues until a successor is elected and qualified at the
next regular election.
(2) Notwithstanding a law or charter provision to the
contrary, an officer required to be elected at the odd year general
election, who by law or charter is elected for a term of an odd
number of years shall, after September 1, 2004, be elected for a
term of 1 year longer than provided by law or charter.
(3) In home rule cities where the charter provides for the
election of city officers at a time other than at the odd year
House Bill No. 4005 as amended November 3, 2011
general election and provides that members of the governing body
are not all to be elected in the same year, the governing body by
ordinance adopted prior to April 1, 1971 may alter the length of
terms now provided by charter to provide that the city may continue
to elect part of the governing body at each election. A term shall
not be extended beyond January 1 following the first odd year
general election at which the officer would be elected as provided
by charter. A term shall not be for more than 4 years.
Enacting section 1. This amendatory act takes effect January
1, 2012.
<<Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 427 of the 96th Legislature is enacted into
law.>>