SENATE BILL NO. 1173

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 205 and 209 (MCL 168.205 and 168.209), section 209 as amended by 2014 PA 94.

the people of the state of michigan enact:

Sec. 205. (1) Any person duly Except as otherwise provided in subsection (2), if an individual elected to any of the county offices named in section 200, of this act who other than county clerk or prosecuting attorney, desires to resign, that individual shall file a written notice containing the effective date of such the resignation with the presiding or senior judge of probate, the county clerk, and the prosecuting attorney of said that county. : Provided, That if

(2) For a county that is a charter county under 1966 PA 293, MCL 45.501 to 45.521, or an optional unified form of county government under 1973 PA 139, MCL 45.551 to 45.573, that has an elected county executive, if an individual elected to any of the county offices named in section 200, other than county clerk or prosecuting attorney, desires to resign, that individual shall file a written notice containing the effective date of the resignation with the county executive, the chairperson of the county board of commissioners, the presiding or senior judge of probate, the county clerk, and the prosecuting attorney of that county.

(3) If an individual elected as the county clerk or the prosecuting attorney desires to resign, he that individual shall file a written notice containing the effective date of such the resignation with the presiding judge or judges of that judicial circuit.

Sec. 209. (1) If a vacancy occurs in an elective or appointive county office, it shall the vacancy must be filled in the following manner:

(a) (1) If the vacancy is in the office of county clerk or prosecuting attorney, it shall the vacancy must be filled by appointment by the judge or judges of that judicial circuit.

(b) (2) If Except as otherwise provided in this subdivision, if the vacancy is in any other county office, the presiding or senior judge of probate, the county clerk, and the prosecuting attorney shall appoint a suitable person individual to fill the vacancy. If the vacancy is in any other county office in a county that is a charter county under 1966 PA 293, MCL 45.501 to 45.521, or an optional unified form of county government under 1973 PA 139, MCL 45.551 to 45.573, that has an elected county executive, the county executive, the chairperson of the county board of commissioners, the presiding or senior judge of probate, the county clerk, and the prosecuting attorney shall appoint a suitable individual to fill the vacancy.

(2) (3) A person An individual appointed under subsection (1) shall take and subscribe to the oath as provided in section 1 of article XI of the state constitution of 1963, give bond in the manner required by law, and hold office for the remainder of the unexpired term and until a successor is elected and qualified. However, if the vacancy occurs more than 7 days before the nominating petition filing deadline as provided in section 193 for the general November election that is not the general November election at which a successor in office would be elected if there were no vacancy, the person individual appointed shall hold office only until a successor is elected at the next general November election in the manner provided by law and qualifies for office. The successor shall hold the office for the remainder of the unexpired term.