June 12, 2003, Introduced by Reps. Pappageorge, Farhat, Vander Veen, Ward, Ruth Johnson and Steil and referred to the Committee on Local Government and Urban Policy.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 2, 3, 4, 192, 193, 197, 200, 209, 223, 231,
239, 253, 258, 269, 282, 282a, 283, 286, 286a, 289, 321, 322,
345, 348, 358, 358a, 362, 370, 370a, 381, 382, 412, 416, 432,
467a, 498, 538, 570a, 616a, 635, 643, 644c, 644e, 646a, 697, and
699 (MCL 168.2, 168.3, 168.4, 168.192, 168.193, 168.197, 168.200,
168.209, 168.223, 168.231, 168.239, 168.253, 168.258, 168.269,
168.282, 168.282a, 168.283, 168.286, 168.286a, 168.289, 168.321,
168.322, 168.345, 168.348, 168.358, 168.358a, 168.362, 168.370,
168.370a, 168.381, 168.382, 168.412, 168.416, 168.432, 168.467a,
168.498, 168.538, 168.570a, 168.616a, 168.635, 168.643, 168.644c,
168.644e, 168.646a, 168.697, and 168.699), section 2 as amended
by 2002 PA 163, sections 193 and 322 as amended by 1999 PA 218,
sections 200 and 643 as amended by 1998 PA 364, sections 209,
239, and 269 as amended by 1990 PA 7, section 283 as amended by
1999 PA 216, section 321 as amended by 1994 PA 277, section 358
as amended by 1999 PA 16, section 358a as amended by 1990 PA 235,
section 362 as amended by 1980 PA 112, sections 370 and 370a as
amended by 1990 PA 83, section 381 as amended by 1991 PA 16,
section 416 as amended by 1990 PA 32, section 467a as amended by
1981 PA 4, section 498 as amended by 1984 PA 89, section 616a as
added by 1988 PA 275, and section 646a as amended by 2002 PA 431,
and by adding sections 644 and 659; and to repeal acts and parts
of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2. As used in this act:
2 (a) "Absent voter" is defined in section 758.
3 (b) "Ballot container" is defined in section 14a.
4       (c)  (a)  "Business
day" or "secular day" means a day that is                
5 not a Saturday, Sunday, or legal holiday.
6 (d) "Clearly observable boundaries" is defined in section
7 654a.
8 (e) "Education election day" means, as appropriate in the
9 context, either the day established in section 641 on which the
10 regular election for educational offices is held or the election
11 held on that day.
12      (f)  (b)  "Election"
means an election or primary election at                
13 which the electors of this state or of a subdivision of this
14 state choose or nominate by ballot an individual for public
15 office or decide a ballot question lawfully submitted to them.
16       (c) "Name
that was formally changed" means a name changed by                 
                                                                                 
1   a proceeding under
chapter XI of the probate code of 1939, 1939              
                                                                                 
2   PA 288, MCL 711.1 to
711.3, or former 1915 PA 314, or through a              
                                                                                 
3   similar, statutorily
sanctioned procedure under the law of                   
                                                                                 
4   another state or
country.                                                    
5 (g) "Election precinct" is defined in section 654.
6 (h) "Fall" state and county conventions and "spring" state
7 and county conventions are assigned meanings in section 596.
8 (i) "General election" or "general November election" means
9 the election held on the November regular election date in an
10 even numbered year.
11 (j) "Immediate family" means an individual's father, mother,
12 son, daughter, brother, sister, and spouse and a relative of any
13 degree residing in the same household as that individual.
14      Sec. 3.   The term
"general November election", as used in                   
                                                                                 
15  this act, shall mean
the election provided to be held in the                 
                                                                                 
16  state on the first
Tuesday after the first Monday of November in             
                                                                                 
17  every even numbered
year.  As used in this act:                              
18 (a) "Locked and sealed" is defined in section 14.
19 (b) "Major political party" is defined in section 16.
20 (c) "Metal seal" or "seal" is defined in section 14a.
21 (d) "Name that was formally changed" means a name changed by
22 a proceeding under chapter XI of the probate code of 1939, 1939
23 PA 288, MCL 711.1 to 711.3, or former 1915 PA 314, or through a
24 similar, statutorily sanctioned procedure under the law of
25 another state or country.
26 (e) "Odd year general election" means the election held on
27 the November regular election date in an odd numbered year.
1 (f) "Odd year primary election" means the election held on
2 the August regular election date in an odd numbered year.
3 (g) "Primary" or "primary election" is defined in section 7.
4 (h) "Qualified elector" is defined in section 10.
5 (i) "Qualified voter file" is defined in section 509m.
6 (j) "Regular election" means an election held on a regular
7 election date to elect an individual to, or nominate an
8 individual for, elective office in the regular course of the
9 terms of that elective office.
10 (k) "Regular election date" means 1 of the dates established
11 as a regular election date in section 641.
12 (l) "Residence" is defined in section 11.
13      Sec. 4.   The term
"biennial spring election", "spring                       
                                                                                 
14  election" or
other similar term, as used in city or village                  
                                                                                 
15  charters unless
otherwise defined therein, shall mean the local              
                                                                                 
16  election to be held on
the first Monday of April in every odd                
                                                                                 
17  numbered year.  As used in this act:                                         
18 (a) "Special election" means an election to elect an
19 individual to, or nominate an individual for, a partial term in
20 office or to submit a ballot question to the electors.
21 (b) "Special primary" means a primary called by competent
22 authority for the nomination of candidates to be voted for at a
23 special election.
24 (c) "Village" is defined in section 9.
25      Sec. 192.   A
general primary election of all political                      
                                                                                 
26  parties shall be held
in every county of this state on the                   
                                                                                 
27  Tuesday succeeding the
first Monday in August preceding the                  
                                                                                 
1   general November
election at which the officers named in section             
                                                                                 
2   191 of this act are to
be elected  Candidates for
election to the            
3 offices named in section 191 shall be nominated at the odd year
4 primary election, at which time the qualified and registered
5 electors of each political party may vote for party candidates
6   for the offices.  This
section  shall  does not apply to parties             
7 required to nominate candidates at caucuses or conventions.
8       Sec. 193.  (1)  To
obtain the printing of  For the name of a                 
9 person to appear as a candidate for nomination by a political
10 party for an office named in section 191 under a particular party
11  heading  upon  on
the official primary  ballots  ballot,  there              
12 a nominating petition shall be filed with the county clerk
13   nominating petitions  signed by a number of qualified and                   
14 registered electors residing within the county as determined
15 under section 544f. Nominating petitions shall be in the form
16  prescribed in section
544c.  The  county clerk shall receive                 
17  nominating petitions  up
to  shall be filed with the county clerk            
18  not later than 4 p.m. of
the twelfth Tuesday  preceding  before              
19  the  August primary  odd
year primary election.                              
20      (2)  To obtain the
printing of the name of a candidate of a                  
                                                                                 
21  political party under
the particular party's heading upon the                
                                                                                 
22  primary election
ballots in the various voting precincts of the              
                                                                                 
23  county, there may be
filed by the candidate, in lieu  Instead
of             
24 filing nomination petitions, the candidate may pay a filing fee
25  of $100.00  to be paid
 to the county clerk.  Payment of the fee             
26  and certification of the
candidate's name paying the fee  shall              
                                                                                 
27  be  is governed by the same provisions as  in
the case of  for               
1 nominating petitions. The fee shall be deposited in the general
2 fund of the county and shall be refunded to candidates who are
3 nominated and to an equal number of candidates who receive the
4 next highest number of votes in the primary election. If 2 or
5 more candidates tie in having the lowest number of votes allowing
6 a refund, the sum of $100.00 shall be divided among them. The
7   deposits of all other
defeated candidates,  as well as  and the              
8 deposits of candidates who withdraw or are disqualified, shall be
9 forfeited and the candidates shall be notified of the
10  forfeiture.  Deposits
forfeited under this section shall be  paid            
                                                                                 
11  into and credited to  deposited in the general fund of the                   
12 county.
13 Sec. 197. The candidates of each political party for the
14 offices named in section 191 of this act receiving the greatest
15  number of votes cast for  said
 the offices, as set forth in the             
16 reports of the board of county canvassers, based on the returns
17  from the various election
precincts, or as determined by  said               
18  the board of county
canvassers as the result of a recount,  shall            
                                                                                 
19  be declared  are the nominees of that political party for  said
             
20  those offices at the next
ensuing  November  odd year general                
21  election.  The board of
county canvassers shall  forthwith                   
22  immediately certify  such
 the nominations to the county election            
23 commission.
24 Sec. 200. (1) A county clerk, a county treasurer, a
25 register of deeds, a prosecuting attorney, a sheriff, a drain
26  commissioner, and a
surveyor shall be elected at the  2000                   
                                                                                 
27  general November  2005 odd year general election and every
fourth            
1 year after that. However, in a county in which 1 of these
2   offices is abolished or
combined as provided by law,  no  a                  
3 person shall not be elected to that office in that county. The
4 term of an officer listed in this subsection who was elected at
5 the 2000 general election is extended until a successor is
6 elected and qualified at the 2005 odd year general election.
7 (2) Subject to subsections (3), (4), and (5), a county board
8 of commissioners may by resolution combine the offices of county
9 clerk and register of deeds in 1 office of the clerk register or
10 separate the office of the clerk register into the offices of
11 county clerk and register of deeds. A combination or separation
12 of offices shall not take effect before the expiration of the
13 current term of the affected offices.
14 (3) Before adopting a resolution to combine the offices of
15 county clerk and register of deeds or separate the office of
16 clerk register into the offices of county clerk and register of
17 deeds, a county board of commissioners shall study the question
18 of combining or separating the offices. The mandatory
19 requirements of this subsection may be satisfied by conducting a
20  public hearing  pursuant
to  as provided in subsection (4).                  
21 (4) The county board of commissioners as a whole body shall
22 hold not less than 1 public hearing, held subject to the open
23 meetings act, 1976 PA 267, MCL 15.261 to 15.275, on the question
24 of combining or separating the offices of county clerk and
25 register of deeds. The county board of commissioners may vote on
26 the question as a regularly scheduled agenda item not less than
27 10 days or more than 30 days after the last public hearing held
1 by the county board of commissioners on the question.
2 (5) Not later than the sixth Tuesday before the deadline for
3 filing the nominating petitions for the office of county clerk,
4 register of deeds, or clerk register, the county board of
5 commissioners may by a vote of 2/3 of the commissioners elected
6 and serving combine the offices of county clerk and register of
7 deeds or separate the office of the clerk register. The
8   resolution  shall
become  is effective upon the commencement of              
9 the next term of office of the county clerk, register of deeds,
10 or clerk register after the adoption of the resolution.
11 Sec. 209. If a vacancy occurs in an elective or appointive
12 county office, it shall be filled in the following manner:
13 (1) If the vacancy is in the office of county clerk or
14 prosecuting attorney, it shall be filled by appointment by the
15 judge or judges of that judicial circuit.
16      (2) If the vacancy is
in  any other  another county office,                  
17 the presiding or senior judge of probate, the county clerk, and
18 the prosecuting attorney shall appoint a suitable person to fill
19 the vacancy.
20 (3) A person appointed shall take and subscribe to the oath
21 as provided in section 1 of article XI of the state constitution
22 of 1963, give bond in the manner required by law, and hold office
23 for the remainder of the unexpired term and until a successor is
24  elected and qualified. 
However, if the next  general November               
25 odd year general election is to be held more than 182 days after
26  the vacancy occurs, and
it is not the  general November  odd year            
27 general election at which a successor in office would be elected
1 if there were no vacancy, the person appointed shall hold office
2   only until a successor is
elected at the next  general November              
3 odd year general election in the manner provided by law and
4 qualifies for office. The successor shall hold the office for
5 the remainder of the unexpired term.
6       Sec. 223.   A
primary of all political parties shall be held                 
                                                                                 
7   on the Tuesday
succeeding the first Monday in August preceding               
                                                                                 
8   the general November
election in the year 1956 and every fourth              
                                                                                 
9   year thereafter  Candidates for county auditor shall be nominated            
10 at the odd year primary election, at which time the qualified and
11 registered electors of each political party may vote for party
12  candidates for nomination
for the office of county auditor.   A              
                                                                                 
13  primary of all
political parties shall be held on the third                  
                                                                                 
14  Monday in February
preceding the general April election in the               
                                                                                 
15  year 1957 and every
fourth year thereafter, and in the year 1959             
                                                                                 
16  and every fourth year
thereafter, at which time the qualified and            
                                                                                 
17  registered electors of
each political party may vote for party               
                                                                                 
18  candidates for
nomination for the office of county auditor:                  
                                                                                 
19  Provided, That this
section shall  This section does
not apply to            
20 parties required to nominate candidates at conventions.
21      Sec. 231.  A county
auditor shall be elected at the  general                 
                                                                                 
22  November election in the
year 1956  2005 odd year general                    
23  election and every fourth
year  thereafter, and in counties                  
                                                                                 
24  electing a county
auditor in the spring, a county auditor shall              
                                                                                 
25  be elected at the
biennial spring election  after
that.  The term            
26 of an elected county auditor whose term ends within 4 years
27 before the 2005 odd year general election is extended until a
1 successor is elected and qualified at the 2005 odd year general
2 election.
3 Sec. 239. If a vacancy occurs in the office of county
4 auditor, a qualified person shall be appointed to fill the
5 vacancy by a committee consisting of the presiding or senior
6 judge of probate, the county clerk, and the prosecuting attorney
7 of the county, 2 of whom shall constitute a quorum. The person
8 appointed shall take the oath of office, as provided in section 1
9 of article XI of the state constitution of 1963, give bond in the
10 manner required by law, and hold office for the remainder of the
11 unexpired term and until a successor is elected and qualified.
12  However, if the next  general
November  odd year general election            
13 is to be held more than 182 days after the vacancy occurs, and it
14  is not the  general
November  odd year general election at which             
15 a successor in office would be elected if there were no vacancy,
16 the person appointed shall hold office only until a successor is
17  elected at the next  general
November  odd year general election             
18 in the manner provided by law and qualifies for office. The
19 successor shall hold the office for the remainder of the
20 unexpired term.
21      Sec. 253.   A
general primary election of all political                      
                                                                                 
22  parties shall be held
on the Tuesday succeeding the first Monday             
                                                                                 
23  in August preceding
every general November election in which                 
                                                                                 
24  county road
commissioners are elected  Candidates
for county road            
25 commissioners shall be nominated at the odd year primary
26 election, at which time the qualified and registered electors of
27 each political party may vote for party candidates for the office
1 of county road commissioner.
2 Sec. 258. The candidate of each political party for the
3 office of county road commissioner receiving the greatest number
4   of votes cast for
candidates for  said  that office, as set forth            
5 in the report of the board of county canvassers, based on the
6 returns from the various election precincts, or as determined by
7    said  the board of canvassers as the result
of a recount,  shall            
                                                                                 
8   be declared  is the nominee of that political party for  said
               
9   the office at the next
ensuing  November  odd year general                   
10  election, and the board
of county canvassers shall  forthwith                
11  immediately certify  such
 the nomination to the county election             
12 commission.
13 Sec. 269. If a vacancy occurs in the office of county road
14 commissioner, a qualified person shall be appointed to fill the
15  vacancy by the county
board of commissioners.  The person  so                
16 appointed shall take the oath of office, give bond in the manner
17 required by law, and hold office for the remainder of the
18 unexpired term and until a successor is elected and qualified.
19 However, in a county in which county road commissioners are
20  elected, if the next  general
November  odd year general election            
21 is to be held more than 182 days after the vacancy occurs, and it
22  is not the  general
November  odd year general election at which             
23 a successor in office would be elected if there were no vacancy,
24 the person appointed shall hold office only until a successor is
25  elected at the next  general
November  odd year general election             
26 in the manner provided by law and qualifies for office. The
27 successor shall hold the office for the remainder of the
1 unexpired term.
2       Sec. 282.  At its  fall
 spring state convention, each                       
3 political party may nominate 2 candidates for membership on the
4 board of regents of the University of Michigan, 2 candidates for
5 membership on the board of trustees of Michigan State University,
6 and 2 candidates for membership on the board of governors of
7   Wayne State University.   Nomination
to membership on the board              
                                                                                 
8   of regents of the
University of Michigan shall occur in 1966 and             
                                                                                 
9   every second year
thereafter.  Nomination to the board of                    
                                                                                 
10  trustees of Michigan
State University and to the board of                    
                                                                                 
11  governors of Wayne
State University shall occur in 1964 and every            
                                                                                 
12  second year
thereafter.                                                      
13      Sec. 282a.   At
its fall state convention of 1964, each                      
                                                                                 
14  political party may
nominate 8 candidates for membership on the              
                                                                                 
15  state board of
education.  Two candidates shall be nominated for             
                                                                                 
16  2-year terms, 2 for
4-year terms, 2 for 6-year terms and 2 for               
                                                                                 
17  8-year terms.  At its  fall  spring state convention,
 of 1966,              
                                                                                 
18  and every 2 years
thereafter,  each political party may
nominate             
19 2 candidates for membership on the state board of education.
20 Sec. 283. Not more than 24 hours after the conclusion of
21  the  fall  spring
state convention, the state central committee              
22 of each political party shall canvass the proceedings of the
23 convention and determine the nominees of the convention for
24 membership on the state board of education, the board of regents
25 of the University of Michigan, the board of trustees of Michigan
26 State University, and the board of governors of Wayne State
27 University. Not more than 1 business day after the conclusion of
1 the state convention, the chairperson and secretary of the state
2 central committee shall forward by registered or certified mail
3   to the secretary of state
 and to the board of election                      
                                                                                 
4   commissioners of each
county, in care of the county clerk at the             
                                                                                 
5   county seat,  a copy of the vignette adopted by the state central            
6 committee and a typewritten or printed list of the names and
7 residence, including the street address if known, of the
8 candidates nominated at the convention for the offices specified
9 in this section. The secretary of state shall forward a copy of
10 a list received under this section to the board of election
11 commissioners of each county, in care of the county clerk at the
12 county seat.
13 Sec. 286. Two members of the board of regents of the
14   University of Michigan
shall be elected at the general election             
                                                                                 
15  in 1966 and in every
general election thereafter.  Two members of            
                                                                                 
16  the board of trustees
of Michigan State University and 2 members             
                                                                                 
17  of the board of
governors of Wayne State University shall be                 
                                                                                 
18  elected at the general
election in 1964 and in every general                 
                                                                                 
19  election thereafter  University of Michigan, 2 members of the                
20 board of trustees of Michigan State University, and 2 members of
21 the board of governors of Wayne State University shall be elected
22 at the 2005 education election day and at each education election
23 day after 2005. The term of a member of a university board named
24 in this section is extended until a successor is elected and
25 qualified at the education election day immediately following the
26 date on which that term would have ended but for the amendments
27 to this act made by the amendatory act that added section 644.
1       Sec. 286a.   Eight
members of the state board of education                   
                                                                                 
2   shall be elected at
the general election in 1964.  Two members               
                                                                                 
3   shall be elected for
2-year terms, 2 for 4-year terms, 2 for                 
                                                                                 
4   6-year terms, and 2
for 8-year terms.  Two members of the
state              
5 board of education shall be elected for 8-year terms at the
6    general election in
1966 and in every general election                      
                                                                                 
7   thereafter  2005 education election day and at each education                
8 election day after 2005. The term of a member of the state board
9 of education is extended until a successor is elected and
10 qualified at the education election day immediately following the
11 date on which that term would have ended but for the amendments
12 to this act made by the amendatory act that added section 644.
13 Sec. 289. Subject to section 286 or 286a, the term of
14 office of members of the state board of education, the board of
15 regents of the University of Michigan, the board of trustees of
16 Michigan State University, and the board of governors of Wayne
17  State University  shall
be  is 8 years and  shall begin  begins              
18 at 12 noon on January 1 next following their election. The terms
19  of office of members of  said
 those boards shall continue until             
20 a successor is elected and qualified.
21 Sec. 321. (1) Except as provided in subsection (3) and
22   section  sections 327, 641, and 644g, the
qualifications,                   
23 nomination, election, appointment, term of office, and removal
24  from office of  any  a
city officer shall be in accordance with              
25 the charter provisions governing the city. A city may provide in
26 its charter for an annual regular election to be held on the
27 November regular election date.
1 (2) Within 3 days after the last day on which a candidate for
2 a city office may withdraw, the city clerk shall deliver to the
3 county clerk of the county in which the city is located a list
4 setting forth the name and address of each candidate for a city
5 office.
6 (3) If the membership of the legislative body of a city
7   governed by the home rule
city act,  Act No. 279 of the Public               
                                                                                 
8   Acts of 1909, being
sections 117.1 to 117.38 of the Michigan                 
                                                                                 
9   Compiled Laws  1909 PA 279, MCL 117.1 to 117.38, is reduced
to               
10 less than a quorum, unless another method of appointing members
11 of the legislative body is provided by the city charter, members
12  of the legislative body  shall
be  are appointed as provided in              
13 this subsection. The board of county election commissioners of
14 the county in which the largest portion of the population of the
15  city resides  as
reported by the last decennial census  shall                
16 appoint the number of members of the legislative body required to
17 constitute a quorum for the transaction of business by the
18 legislative body. A member of the legislative body appointed
19 under this subsection shall hold the office only until the
20  member's successor is
elected and qualified.   Unless otherwise              
                                                                                 
21  provided by charter,
the successor shall be elected at the next              
                                                                                 
22  regular election for a
member of the legislative body or, if a               
                                                                                 
23  regular election is
not scheduled to be held within 90 days after            
                                                                                 
24  the appointment is
made under this subsection, the legislative               
                                                                                 
25  body shall call a
special election for the successor to be held              
                                                                                 
26  within 90 days after
the appointment is made.  In either case,               
                                                                                 
27  the successor shall
serve for the balance of the unexpired term.             
1 A member who is appointed under this subsection shall not vote on
2 the appointment of himself or herself to an elective or
3 appointive city office.
4       (4)
Notwithstanding  any other  another provision of law or                  
5 charter to the contrary, an appointment to an elective or
6 appointive city office made by a quorum constituted by
7   appointments under this  subsection
shall expire  section expires            
8 upon the election and qualification of a sufficient number of
9 members of the legislative body so that the elected members
10 constitute a quorum.
11      Sec. 322.   To
obtain the printing of  For the name of a                     
12 candidate of a political party for a city office, including a
13 ward office, to appear under the particular party heading on the
14  official primary election
 ballots  ballot for use in the city,              
15   there  a nominating petition shall be filed with the
city clerk,            
16   of the city  not later than 4 p.m. on the twelfth Tuesday                   
17   preceding the August
primary, or not later than 4 p.m. on the               
                                                                                 
18  seventh Monday
preceding the primary election provided to be held            
                                                                                 
19  on the third Monday in
February,  before the odd year
primary                
20  election.  The nominating
 petitions  petition shall have been               
21 signed by a number of qualified and registered electors of the
22 political party who reside in the city or ward as determined
23 under section 544f. This section does not apply to a city the
24 charter of which provides for a different method of nominating
25  candidates for public
office.  The  form of the  nominating                  
26  petition shall be  as  in
the form provided in section 544c.                 
27 Sec. 345. A primary of all political parties shall be held
1   in  every  each
organized township of this state  on the Tuesday             
                                                                                 
2   succeeding the first
Monday in August preceding every general                
                                                                                 
3   November  at the odd year primary election,  at which
time  for              
4 the qualified and registered electors of each political party
5    may  to vote for party candidates for township
offices.                     
6 Sec. 348. The township board, not less than 40 days prior
7   to the holding of the
primary  herein  provided for in this act,             
8   shall issue a call for  such
 the primary designating the time               
9   and place  thereof  of
the primary and shall give notice of the              
10   same  primary by publishing a copy of  such  the
call in  some              
11  a newspaper of general
circulation in the township.  , and if                
                                                                                 
12  deemed advisable by
the  The township board may
give notice of               
13  the primary by  the  posting
 of  the number of notices that the             
14  board  shall designate
 designates in conspicuous places.  In                
15 townships having less than 200 registered voters, the township
16 board may provide that for elections at which no township
17 question is to be submitted notices of the election shall be by
18  posting,  as herein
provided, in lieu  instead of by publishing.             
19   The time of holding
such primary in townships shall be on the               
                                                                                 
20  third Monday in
February preceding each biennial spring                      
                                                                                 
21  election.                                                                    
22      Sec. 358.  (1)  In
every township, there shall be a general                  
                                                                                 
23  November election in
each even-numbered year for the election of             
                                                                                 
24  officers and the
submission of propositions, as provided by law.             
                                                                                 
25  At the 1980 general
November  at the 2005 odd year
general                   
26 election, there shall be elected by ballot all of the following
27 township officers:
1 (a) A supervisor.
2 (b) A clerk.
3 (c) A treasurer.
4 (d) Two trustees.
5 (e) Not more than 4 constables.
6 (f) If authorized by law and after a township takes the
7 actions provided in section 11 of 1877 PA 164, MCL 397.211, 6
8 free public library directors.
9 (g) If a township takes the actions provided in section 1 of
10 former 1931 PA 271 or section 6 of 1905 PA 157, MCL 41.426, the
11 number of park commission members provided for under section 6 of
12 1905 PA 157, MCL 41.426.
13 (2) Except as otherwise provided in this subsection, the
14 order of offices on the township portion of the ballots shall be
15 the same as the order in which the officers are listed in
16 subsection (1). Free public library directors shall be listed on
17 the nonpartisan portion of the ballot.
18 (3) Subject to the limitation in subsection (1), the number
19 of constables to be elected at the 1992 general November election
20  and each  general
November  odd year general election at which               
21  township offices are
regularly to be elected after  1992  2005               
22 shall be determined by the township board by resolution not less
23 than 6 months before the township primary election preceding the
24   general November  odd year general election.  The resolution                
25 that specifies the number of constables to be elected applies in
26 that township until a subsequent resolution is adopted altering
27 that number. If a determination as to the number of constables
1 to be elected is not made by the township board by the deadline
2 under this subsection for the 1992 general election, the number
3 of constables to be elected shall be the same number that was
4 elected in that township in the 1988 general November election
5 until a resolution is adopted to provide for the election of a
6 different number of constables.
7 (4) In a township having a population of 5,000 or more, or
8 having 3,000 or more qualified and registered electors as shown
9 by the registration records at the close of registration for the
10  last preceding  general
November  odd year general election,                 
11 there may be elected 4 trustees. In other townships there shall
12 be 2 trustees. A township shall not elect 4 trustees unless the
13  election of additional
trustees is approved by the voters at  a              
                                                                                 
14  general November  an odd year general election or by a majority              
15 of the voters attending at an annual meeting. The township board
16 of a township having a population of 5,000 or more, or having
17 3,000 or more qualified and registered electors, shall cause the
18 question of electing additional trustees to be voted on at the
19  first  general
November  odd year general election or annual                 
20 meeting following the township's qualifying for additional
21 trustees. If a majority of the electors voting on the question
22 vote in favor of electing 4 trustees, the township shall
23 thereafter elect 4 trustees. If a majority of the electors
24 voting on the question do not vote in favor of electing 4
25 trustees, the township board may resubmit the question at a
26  subsequent  general
November  odd year general election or annual            
27  meeting or the question
shall be submitted at the first  general             
                                                                                 
1   November  odd year general election or annual meeting
held not               
2 less than 84 days following the submission of a petition
3 containing the signatures of not less than 10% of the registered
4 and qualified electors of the township, as shown by the
5 registration records at the close of registration for the last
6    general November  odd year general election, asking that the                
7 question be submitted.
8       (5) At the first  general
November  odd year general election                
9 in a township held not less than 4 months after the provisions of
10 this section relative to additional trustees are adopted by a
11 township, there shall be elected the number of trustees necessary
12 to make a total of 4 trustees. If the additional trustees are
13  elected at  a general
November  an odd year general election that            
14 is not a regular township election, the additional trustees shall
15 hold office only until a successor is elected at the next regular
16 township election and qualifies for office.
17 (6) This section does not prohibit townships electing 4
18 trustees as of September 13, 1958 from continuing to do so.
19 Sec. 358a. The township board of a township may call a
20 special election to be held in the township for the purpose of
21  submitting  any  a
proposition or propositions to the electors of            
22  the township.  A special
election shall  not  be held  within 30             
                                                                                 
23  days before or after a
regular township or state primary or                  
                                                                                 
24  general election  on a regular election date.  Notice of the                 
25  special election shall be
given in the same manner  now  required            
26   of regular elections
held under this act  by section
653a.                  
27 Sec. 362. (1) The term of office of township trustees
1   elected in 1978  shall
be  is 2 years.  The term of office of all            
2   township officers listed
in section 358  shall be  is 4 years                
3 beginning in the 1980 general election, and in all subsequent
4 elections at which township officials are elected. All township
5 officers' terms shall commence at 12 noon on November 20 next
6 following their election and they shall qualify before assuming
7 the duties of their office. Each township officer shall hold
8 office until a successor is elected and qualified, but not beyond
9 January 1 following the election. Failure of an elected township
10 official to qualify by January 1 following the official's
11  election shall create a
vacancy  which  that shall be filled as              
12  provided in section 370. 
All elective township officers  , other            
                                                                                 
13  than those listed in
section 358,  shall be elected at the
                  
14   November  odd year general election immediately
preceding the               
15 expiration of their term and shall commence the duties of their
16 office on November 20 but not before they qualify following their
17 election.
18 (2) A township officer elected in the general election shall
19 remain in office for the full term if the officer failed to take
20 the oath of office within the time prescribed by law and was
21 subsequently appointed by the township board to the office for
22 which the officer ran. The term of a township officer is
23 extended until a successor is elected and qualified at the odd
24 year general election immediately following the date on which
25 that term would have ended but for the amendments to this act
26 made by the amendatory act that added section 644.
27 Sec. 370. (1) Except as provided in subsection (2), if a
1 vacancy occurs in an elective or appointive township office, the
2 vacancy shall be filled by appointment by the township board, and
3 the person appointed shall hold the office for the remainder of
4 the unexpired term.
5 (2) If 1 or more vacancies occur in an elective township
6 office that cause the number of members serving on the township
7 board to be less than the minimum number of board members that is
8 required to constitute a quorum for the transaction of business
9 by the board, the board of county election commissioners shall
10 make temporary appointment of the number of members required to
11 constitute a quorum for the transaction of business by the
12 township board. An official appointed under this subsection
13 shall hold the office only until the official's successor is
14 elected or appointed and qualified. An official who is
15 temporarily appointed under this subsection shall not vote on the
16 appointment of himself or herself to an elective or appointive
17 township office.
18 (3) If a township official submits a written resignation from
19 an elective township office, for circumstances other than a
20  resignation related to a
recall election,  which  that specifies             
21  a date and time  at
which  when the resignation is effective, the            
22 township board, within 30 days before that effective date and
23 time, may appoint a person to fill the vacancy at the effective
24 date and time of the resignation. The resigning official shall
25 not vote on the appointment.
26 (4) Except as provided in subsection (5), if the township
27 board does not make an appointment under subsection (3), or if a
1 vacancy occurs in an elective township office and the vacancy is
2 not filled by the township board or the board of county election
3 commissioners within 45 days after the beginning of the vacancy,
4 the county clerk of the county in which the township is located
5 shall notify the governor of the fact. The governor shall call a
6 special election to fill the vacancy. The governor shall provide
7   for the date for the
filing of the petitions,  which  and that               
8 date shall also be the last date to register for the special
9   primary election.   Notwithstanding
section 358a, the special                
                                                                                 
10  primary or special
general election may be held within 60 days of            
                                                                                 
11  a state primary or a
state general election.  A special
primary              
12 or election called by the governor under authority of this
13  section  shall  does
not affect the rights of a qualified elector            
14 to register for any other election. A person elected to fill a
15 vacancy shall serve for the remainder of the unexpired term.
16      (5) Subsection (4)  shall
 does not apply to the office of                   
17 township constable. If a vacancy occurs in the office of
18 township constable, the township board shall determine if and
19 when the vacancy shall be filled by appointment. If the township
20 board does not fill the vacancy by appointment, the office of
21 township constable shall remain vacant until the next general or
22  special election in which
 the  township offices are filled.                 
23 Sec. 370a. Notwithstanding the provisions of section 370,
24 if a vacancy occurs in an elective or appointive township office,
25   which  the vacancy is filled by appointment by the
township                 
26 board or the board of county election commissioners, and the next
27   general November  odd year general election is to be held more              
1   than 182 days after the vacancy
occurs,  which election  and is              
2   not the  general
November  odd year general election at which a              
3 successor in office would be elected if no vacancy, then the
4 person appointed shall hold office only until a successor is
5   elected at the next  general
November  odd year general election             
6 in the manner provided by law and qualifies for office. The
7 successor shall hold the office for the remainder of the
8 unexpired term.
9       Sec. 381.  (1) Except
as provided in subsection  (3)  (2)                    
10  and  section  sections
383 and 641, the qualifications,                      
11 nomination, election, appointment, term of office, and removal
12  from office of a village
officer shall be  pursuant to  as                   
13 determined by the charter provisions governing the village. A
14 village may provide in its charter for an annual regular election
15 to be held on the November regular election date.
16       (2) Within 3 days
after the last day on which a candidate                    
                                                                                 
17  for a village office
may withdraw, the village clerk shall                   
                                                                                 
18  deliver to the county
clerk of the county in which the village is            
                                                                                 
19  located, a list
setting forth the name and address of each                   
                                                                                 
20  candidate for a
village office.                                              
21      (2)  (3)  If
the membership of the village council of a                      
22  village governed by  Act
No. 3 of the Public Acts of 1895, being             
                                                                                 
23  sections 61.1 to 74.22
of the Michigan Compiled Laws  the
general            
24 law village act, 1895 PA 3, MCL 61.1 to 74.25, is reduced to less
25 than a quorum of 4 and a special election for the purpose of
26 filling all vacancies in the office of trustee is called under
27  section 13 of  Act No.
3 of the Public Acts of 1895, being                   
                                                                                 
1   section 62.13 of the
Michigan Compiled Laws  chapter II
of the               
2 general law village act, 1895 PA 3, MCL 62.13, temporary
3 appointments of trustees shall be made as provided in this
4 subsection. The board of county election commissioners of the
5 county in which the largest portion of the population of the
6   village is situated  as
reported by the last decennial census                
7 shall make temporary appointment of the number of trustees
8 required to constitute a quorum for the transaction of business
9 by the village council. A trustee appointed under this
10 subsection shall hold the office only until the trustee's
11 successor is elected and qualified. A trustee who is temporarily
12 appointed under this subsection shall not vote on the appointment
13 of himself or herself to an elective or appointive village
14 office.
15      (3)
Notwithstanding  any other  another provision of law or                  
16 charter to the contrary, an appointment to an elective or
17 appointive village office made by a quorum constituted by
18  temporary appointments
under this subsection  shall expire                   
19 expires upon the election and qualification of trustees under the
20 special election called to fill the vacancies in the office of
21 trustee.
22      Sec. 382.   If the
charter of a village does not specify the                 
                                                                                 
23  time, manner, and
means of nominating and electing its public                
                                                                                 
24  officers, the  A village shall nominate and elect its
officers in            
25 accordance with the provisions governing the selection of
26  township officers, as
provided in chapter XVI.  16 of this act,              
                                                                                 
27  except that nomination
by caucus or primary shall occur on the               
                                                                                 
1   third Monday in
February and village elections shall be held on              
                                                                                 
2   the second Monday in
March biennially in even numbered years or              
                                                                                 
3   annually as provided
in section 5 of chapter 2 of Act No.  3 of              
                                                                                 
4   the Public Acts of
1895, being section 62.5 of the Michigan                  
                                                                                 
5   Compiled Laws.                                                               
6       Sec. 412.   A
general nonpartisan primary election shall be                  
                                                                                 
7   held in every county
of this state on the Tuesday succeeding the             
                                                                                 
8   first Monday in August
prior to the general election at which                
                                                                                 
9   judges of the circuit
court are elected  Candidates for
judge of             
10 the circuit court shall be nominated at the odd year primary
11 election, at which time the qualified and registered electors may
12 vote for nonpartisan candidates for the office of circuit court
13  judge.  of the
circuit court.  If,  upon the expiration of the               
                                                                                 
14  time  after the deadline for filing petitions or
incumbency                  
15  affidavits of candidacy
for the primary election  of said judge              
                                                                                 
16  of the  for circuit court judge in  any  a
judicial circuit,  it             
                                                                                 
17  shall appear that  there are not  to exceed  more than
twice the             
18 number of candidates as there are persons to be elected, then the
19 secretary of state shall certify to the county board of election
20  commissioners the name of
 such  the candidate for circuit court             
21 judge whose petitions or affidavits have been properly filed, and
22   such  the candidate  shall be  is the
nominee for the judge of              
23  the circuit court.
 and shall be so certified.  As to such  For              
24  that office, there shall not
be  no  a primary election and                  
25   this  that office  shall be  is omitted
from the judicial                   
26 primary ballot.
27 Sec. 416. (1) Except as otherwise provided in this section,
1 a judge or judges of the circuit court shall be elected in each
2 judicial circuit at the odd year general election in which judges
3 of the circuit court are to be elected as provided by law.
4 (2) If there are fewer nominees for the office of circuit
5   court judge  of the
circuit court  than there are persons to be              
6   elected at the  general
November  odd year general election                  
7 because of the death or disqualification of a nominee less than
8   66 days before the  general
November  odd year general election,             
9   then a person shall not
be elected at that  general November  odd            
10  year general election to  any
 an office of circuit court judge              
11   of the circuit court  for which there is no nominee.                        
12      Sec. 432.   A
general nonpartisan primary election shall be                  
                                                                                 
13  held in every county
of this state on the Tuesday succeeding the             
                                                                                 
14  first Monday in August
preceding every general November election             
                                                                                 
15  at which judges of
probate are to be elected  Candidates
for                 
16 judge of probate shall be nominated at the odd year primary
17 election, at which time the qualified and registered electors may
18 vote for nonpartisan candidates for the office of probate court
19  judge.  of
probate.  If,  upon the expiration of the time  after             
20 the deadline for filing petitions or incumbency affidavits of
21  candidacy for the primary
election of  said  probate judges in               
22   any  a county,  it shall appear that  there
are not  to exceed              
23 more than twice the number of candidates as there are persons to
24 be elected, then the county clerk shall certify to the county
25  board of election
commissioners the name of  such  the candidate             
26 for probate judge whose petitions have been properly filed and
27   such  the candidate  shall be  is the
nominee for the  judge of             
1   probate court judge.
 and shall be so certified.  As to such  For            
2   that office, there shall not
be  no  a primary election and                  
3    this  that office  shall be  is
omitted from the judicial                   
4 primary ballot.
5       Sec. 467a.   Except
as provided in section 467n, a general                   
                                                                                 
6   nonpartisan primary
election shall be held in every district and             
                                                                                 
7   election division of
this state on the Tuesday succeeding the                
                                                                                 
8   first Monday in August
prior to the general election at which                
                                                                                 
9   judges of the district
court are elected  Candidates for
district            
10 court judge shall be nominated at the odd year primary election,
11 at which time the qualified and registered electors may vote for
12  nonpartisan candidates
for district court judge.  of the district            
                                                                                 
13  court.  If,  upon the expiration of the time  after
the deadline             
14 for filing petitions of candidacy for the primary election of the
15  district court judge  of
the district court  in  any  a district             
16  or election division,  it
appears that  there are not  to exceed             
17 more than twice the number of candidates as there are persons to
18 be elected, the secretary of state shall certify to the county
19 board of election commissioners the name of those candidates for
20 district court judge whose petitions or affidavits of candidacy
21 have been properly filed and those candidates shall be the
22  nominees for the judge of
the district court.  and shall be so               
                                                                                 
23  certified.  As to  For that office, there shall not be a primary             
24  election and  this  that
office  shall be  is omitted from the               
25 judicial primary ballot.
26 Sec. 498. (1) The governing body of a township, city, or
27 village may provide by resolution that in that township, city, or
1 village the clerk shall be at the clerk's office, or in some
2 other convenient place designated by the clerk, during the hours
3   designated by the
governing body on the thirtieth day  preceding             
4   before an election  or
primary election  in the township, city,              
5 or village, unless the thirtieth day falls on a Saturday, Sunday,
6   or legal holiday.  ,
in which event  If the thirtieth day falls              
7 on a Saturday, Sunday, or legal holiday, registration shall be
8 accepted during the same hours on the following day.
9 (2) In a township, city, or village in which the clerk does
10 not maintain regular daily office hours, the township board or
11 the legislative body of the city or village may require that the
12 clerk of the township, city, or village shall be at the clerk's
13 office or other designated place for the purpose of receiving
14  applications for
registration on the days  which  that the board             
15 or legislative body designates, but not more than 5 days before
16 the last day for registration.
17 (3) The clerk of each township, city, and village shall give
18 public notice of the days and hours that the clerk will be at the
19 clerk's office or other designated place for the purpose of
20  receiving registrations
before an election  or primary election              
21 by publication of the notice, except as provided in subsection
22 (4) and section 497(2), at least twice in a newspaper published
23 or of general circulation in the township, city, or village.
24   and, if considered
advisable by the  The
township, city, or                 
25  village clerk  ,  may
give notice of the election by posting                 
26 written or printed notices in at least 2 of the most conspicuous
27 places in each election precinct. Except as provided in
1   subsection (4),  and
except for a notice of registration for a               
                                                                                 
2   special election held
pursuant to section 640,  the first                    
3 publication or posting shall be made not less than 10 days before
4 the last day for receiving registrations. If the notice of
5 registration is for a special election for purposes of voting
6   upon a proposal,  other
than a special election held pursuant to             
                                                                                 
7   section 640,  the proposal as it will appear on the ballot shall             
8 be stated in the notice.
9 (4) Notice of registration for a school millage election that
10  will be held  pursuant
to  under section 36 of the general                   
11  property tax act,  Act
No. 206 of the Public Acts of 1893, as                
                                                                                 
12  amended, being section
211.36 of the Michigan Compiled Laws,                 
                                                                                 
13  shall be  1893 PA 206, MCL 211.36, is required to be
published               
14 only once and shall be made not less than 5 days before the last
15 day for receiving registrations as provided in section 497a.
16 (5) A county clerk may enter into an agreement with the clerk
17 of 1 or more townships or cities in the county or the clerks of 1
18 or more cities or townships in a county may enter into an
19 agreement to jointly publish the notice required in subsection
20 (3). The notice shall be published in a newspaper of general
21 circulation in the cities and townships listed in the notice.
22 Sec. 538. Primary election notices shall be published and
23  posted  in the same
manner as nearly as may be  as provided in               
24  section  653 of this
act for elections  653a.                                
25      Sec. 570a.  The
official  primary  odd year primary election                 
26 ballot shall include candidates for township offices. Township
27  offices and candidates
shall follow  state and  county offices               
1 and candidates. Parties qualified to appear on the primary
2   ballot for  state and  county
offices and no others are qualified            
3 to appear and have the names of their candidates printed on the
4 township portion of the primary ballot. Parties qualified to
5   nominate candidates for  state
and  county offices under the                 
6 provisions of section 685 and no others are qualified to nominate
7 candidates for township offices at the county caucuses provided
8 in section 686a.
9       All references in
the election law to a February primary                     
                                                                                 
10  shall be deemed to be
references to the primary provided by the              
                                                                                 
11  election law to be
held in August prior to the general November              
                                                                                 
12  election and all
references to an April election shall be deemed             
                                                                                 
13  to be references to
the general November election.                           
14 Sec. 616a. (1) The board of state canvassers shall canvass
15 the returns received from the boards of county canvassers and
16 certify the statewide and congressional district results of the
17 presidential primary election to the secretary of state.
18 (2) The secretary of state shall certify the statewide and
19 congressional district results of the presidential primary
20 election to the chairperson of the state central committee of
21 each participating political party.
22       (3)
Notwithstanding sections 831 and 847 or an                               
                                                                                 
23  administrative rule
promulgated pursuant to section 794c, after              
                                                                                 
24  the canvass by the
board of state canvassers under subsection                
                                                                                 
25  (1), the secretary of
state may authorize the immediate release              
                                                                                 
26  of all ballots, ballot
boxes, voting machines, and equipment used            
                                                                                 
27  in each precinct of a
city that conducts a city election in the              
                                                                                 
1   first week of April if
both of the following requirements are                
                                                                                 
2   met:                                                                         
                                                                                 
3       (a) The county
clerk certifies that no defect in or                          
                                                                                 
4   mechanical malfunction
of a voting machine, voting device,                   
                                                                                 
5   ballot, or other
election equipment or material was discovered or            
                                                                                 
6   alleged before the
date of the completion of the state canvass.              
                                                                                 
7       (b) The county
clerk certifies that no other election for                    
                                                                                 
8   offices or questions
appeared on the same election equipment used            
                                                                                 
9   in the precinct for
the presidential primary election.                       
10      Sec. 635.   It
shall be lawful to call a  A special election                 
11  for the submission of  any
 a proposition  on any regular or                 
                                                                                 
12  special primary day  may be held on a regular election date or in            
13 conjunction with a special election or special primary.
14      Sec. 643.  At  the
general November elections  each general                  
15 election, the following officers shall be elected when required
16 by law:
17 (a) Presidential electors.
18 (b) In the state at large, a governor and a lieutenant
19 governor, a secretary of state, and an attorney general.
20 (c) A United States senator.
21 (d) In each congressional district, a representative in
22 congress.
23 (e) In each state senatorial district, a state senator.
24 (f) In each state representative district, a representative
25 in the state legislature.
26 (g) Justices of the supreme court.
27       (h) Two members
of the state board of education, except as                   
                                                                                 
1   provided in section
282a.                                                    
                                                                                 
2       (i) Two regents of
the University of Michigan.                               
                                                                                 
3       (j) Two trustees
of Michigan State University.                               
                                                                                 
4       (k) Two governors
of Wayne State University.                                 
5       (h)  (l)  In each  county
or  district, judges of the court                  
6   of appeals.  ,
a judge or judges of the circuit court, a judge or            
                                                                                 
7   judges of probate, a
judge or judges of the district court, a                
                                                                                 
8   prosecuting attorney,
a sheriff, a treasurer, an auditor, a mine             
                                                                                 
9   inspector, a county
road commissioner, a drain commissioner, a               
                                                                                 
10  surveyor, and, subject
to section 200, a clerk and a register of             
                                                                                 
11  deeds or a clerk
register.                                                   
                                                                                 
12      (m) Township
officers.                                                       
13      (i)  (n)
Any other officers  Unless specifically provided                    
14 otherwise in this act or another law of this state, any other
15 officer required by law to be elected.
16 Sec. 644. At the education election day, the following
17 officers shall be elected as required by law:
18 (a) Two members of the state board of education.
19 (b) Two regents of the University of Michigan.
20 (c) Two trustees of Michigan State University.
21 (d) Two governors of Wayne State University.
22 (e) Other officers as required by this act or another law of
23 this state.
24      Sec. 644c. 
Notwithstanding  any  a law or charter to the                    
25 contrary, except for a charter provision requiring an annual
26 election on the November regular election date, the following
27 officers shall be elected at the odd year general election:
1 (a) All judicial officers other than justices of the supreme
2   court and judges of the
court of appeals.   This provision shall             
                                                                                 
3   not be effective
unless a constitutional amendment authorizing               
                                                                                 
4   the election of judges
at odd numbered year elections is                     
                                                                                 
5   adopted.                                                                     
6 (b) All elective city, village, and township officers,
7 including municipal judges, except as otherwise provided in this
8 act.
9       Sec. 644e.   All
officers  Except for a nonpartisan office,                  
10 an officer required to be elected at the odd year general
11  election shall be
nominated at the odd year primary  elections               
                                                                                 
12  except where a city
charter provides otherwise for city                      
                                                                                 
13  officers.  Where a
city  election.  Subject to
section 382, if a             
14 charter provides for nomination by caucus or by filing a petition
15 or affidavit directly for the general election, or provides for
16 the election at the primary of a candidate who receives more than
17 50% of the votes cast for that office, the governing body by
18 ordinance may provide for a caucus date, filing date, or other
19 provisions to the extent necessary to be consistent with the odd
20 year general election requirement of this act and the intent of
21 the charter provisions.
22      Sec. 646a.  (1)  If
a local officer is to be elected at a                    
                                                                                 
23  general November
election or on the first Monday of April in an              
                                                                                 
24  odd numbered year,
candidates for the local office shall be                  
                                                                                 
25  nominated in the
manner provided by law or charter.  If
the                  
26  candidates for a local
office are to be nominated at a  fall                 
27 primary election, the primary shall be held on the same day as is
1 provided by law for holding the county or state primary election.
2    prior to such
election, except as provided in section 646b.  If             
                                                                                 
3   the candidates are to
be elected in April, the primary shall be              
                                                                                 
4   held on the third
Monday in February.  If candidates
for the                 
5 local office are to be nominated at caucuses, the caucuses shall
6 be held on a date prior to the date set for the above mentioned
7   primary election or on
the Saturday  preceding  before the day of            
8 the primary election as determined by the local legislative body
9   at least 20 days  preceding
 before the date of the caucus.  If              
10 candidates are nominated by filing petitions or affidavits, they
11 shall be filed at a time provided by charter but not later than
12 the date of the primary. If a local primary election is to be
13  held on the same day as  any
 a state or county primary election,            
14 the last day for local candidates to file nominating petitions
15   shall be  is the same as the last date to file petitions
for                
16 state and county offices. The names of all local candidates and
17 titles of office shall be certified to the county clerk by the
18 local clerk within 5 days after the last day for filing
19  petitions, and
certification of nominees shall be made to  such              
20 that clerk within 5 days after the date on which the primary or
21 caucus was held.
22 (2) If any local or county questions are to be voted on at
23   any  a primary, special, or general election
at which state                 
24 officers are to be voted for, the ballot wording of the question
25 shall be certified to the local or county clerk at least 70 days
26   prior to such  before the election.  If the wording is
certified            
27 to a clerk other than the county clerk, the clerk shall certify
1   the ballot wording to the
county clerk at least 68 days  prior               
                                                                                 
2   to  before the election.  Petitions to place any
county or local             
3 questions on the ballot at the election shall be filed with the
4 clerk at least 14 days before the date the ballot wording must be
5 certified to the local clerk.
6 (3) The provisions of this section apply notwithstanding any
7 provisions of law or charter to the contrary, unless an earlier
8 date for the filing of affidavits or petitions, including
9   nominating petitions, is
provided in  any  a law or charter, in              
10 which case the earlier filing date is controlling.
11 Sec. 659. (1) If a county, city, ward, township, or village
12 is divided into 2 or more election precincts, the county, city,
13 ward, township, or village election commissioners may, by
14 resolution, consolidate the election precincts for a particular
15 election that is not a general November election, a primary
16 election immediately before a general November election, or other
17 statewide or federal election. In making the determination to
18 consolidate election precincts for a particular election, the
19 election commission shall take into consideration the number of
20 choices the voter must make, the percentage of registered voters
21 who voted at the last similar election in the jurisdiction, and
22 the intensity of the interest of the electors in the jurisdiction
23 concerning the candidates and proposals to be voted upon.
24 (2) A consolidation under this section shall be made not less
25 than 60 days before a primary, general, or special election.
26 (3) Unless the polling places for the election precincts to
27 be consolidated are located in the same building, when a county,
1 city, ward, township, or village consolidates election precincts
2 for a particular election under subsection (1), the election
3 commissioners or other designated election officials shall do
4 both of the following:
5 (a) Provide notice to the registered electors of the affected
6 election precincts of the consolidation of election precincts for
7 the particular election and the location of the polling place for
8 the election precinct or precincts for that election. Notice may
9 be provided by mail or other method designed to provide actual
10 notice to the registered electors.
11 (b) Post a written notice at each election precinct polling
12 place stating the location of the consolidated election precinct
13 polling place.
14 (4) If a county, city, ward, township, or village
15 consolidates election precincts under this section, each affected
16 election precinct shall be treated as a whole unit and shall not
17 be divided during the consolidation.
18 Sec. 697. At the general November election, the names of
19  the  several  offices
to be voted for shall be placed on the                 
20 ballot substantially in the following order in the years in which
21  elections for  such  those
offices are held:   Electors  electors            
22 of president and vice-president of the United States; governor
23 and lieutenant governor; secretary of state; attorney general;
24 United States senator; representative in congress; and senator
25  and representative in the
state legislature.  ;  For the                     
26 education election day, the names of the offices to be voted for
27 shall be placed on the ballot substantially in the following
1 order in the years in which elections for those offices are
2 held: school board members; members of the state board of
3 education; regents of the University of Michigan; trustees of
4 Michigan State University; and governors of Wayne State
5   University.  ;  For
the odd year general election, the names of              
6 the offices to be voted for shall be placed on the ballot
7 substantially in the following order in the years in which
8 elections for those offices are held: county executive;
9 prosecuting attorney; sheriff; clerk; treasurer; register of
10 deeds; auditor in counties electing an auditor; mine inspector in
11 counties electing a mine inspector; county road commissioners;
12  drain commissioners;  coroners;
 and surveyor.  The following                
13 township officers shall be placed on the same ballot as above
14 described in substantially the following order in the year in
15  which elections for  such
 those offices are held:  supervisor,              
16 clerk, treasurer, trustees, and constables.
17 Sec. 699. At the general November election, the names of
18  the  several  nonpartisan
offices to be voted for shall be placed            
19 on a separate judicial ballot containing no party designation in
20  the following order:   justices
of the  supreme court  , judges              
                                                                                 
21  of the  justice and court of appeals  , judges of
the  judge in              
22 the years in which they are elected. For the odd year general
23 election, the names of the nonpartisan offices to be voted for
24 shall be placed on a separate judicial ballot containing no party
25  designation in the following order: circuit court judge,  judges             
                                                                                 
26  of the  probate court judge, and  circuit  district
court                    
27   commissioners  judge in the years in which they are elected.                
1 Enacting section 1. Sections 5, 6, 8, 9a, 12, 282a, 325,
2 640, 644a, 644b, 644j to 646, and 646b of the Michigan election
3 law, 1954 PA 116, MCL 168.5, 168.6, 168.8, 168.9a, 168.12,
4 168.282a, 168.325, 168.640, 168.644a, 168.644b, 168.644j to
5 168.646, and 168.646b, are repealed.
6 Enacting section 2. This amendatory act takes effect
7 January 1, 2005.
8 Enacting section 3. This amendatory act does not take
9 effect unless all of the following bills of the 92nd Legislature
10 are enacted into law:
11 (a) Senate Bill No. _______ or House Bill No. 4830
12 (request no. 02321'03).
13 (b) Senate Bill No. _______ or House Bill No. 4831
14 (request no. 02322'03).
15 (c) Senate Bill No. _______ or House Bill No. 4829
16 (request no. 02324'03).
17 Enacting section 4. This amendatory act does not take
18 effect unless Senate Joint Resolution _____ or House Joint
19 Resolution I (request no. 02320'03) of the 92nd Legislature
20 becomes a part of the state constitution of 1963 as provided in
21 section 1 of article XII of the state constitution of 1963.