HB 4357

HOUSE BILL NO. 4357
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 362 and 370 (MCL 168.362 and
168.370), section 362 as amended by 1980 PA 112 and section 370 as amended by
2022 PA 104.
the people of the state of michigan enact:
Sec. 362. (1) The term of
office of township trustees elected in 1978 shall be 2 years. The Beginning in 1980 and for all subsequent elections at which
township officers are elected, the term of office of all township
officers listed in section 358 shall be is 4 years. beginning in the 1980 general election, and in all
subsequent elections at which township officials are elected. All terms of township officers'
terms officers elected before January 1, 2025 shall commence at 12 noon on November 20 next following their the officer's election. All terms
of township officers elected after December 31, 2024 commence at 12 noon on
December 1 following the officer's election. and they shall Officers
must qualify before assuming the duties of their
the office. Each township officer shall
hold office until a successor is elected and qualified, but not beyond
January 1 following the election.
Failure of an elected township official officer to qualify by January 1 following the official's officer's election
shall create creates
a vacancy which shall that must be filled as provided in section 370. All elective township officers, other than those listed
in section 358, shall be elected at the November election immediately preceding
the expiration of their term and shall commence the duties of their office on
November 20 but not before they qualify following their election.
(2) A township
officer elected in the general election shall remain in office for the full
term if the officer failed to take the oath of office within the time
prescribed by law and was subsequently appointed by the township board to the
office for which the officer ran.
Sec. 370. (1) Except as provided in section 370a or
subsection (2), if a vacancy occurs in an elective or appointive township
office, the vacancy must be filled by appointment by the township board, and
the individual appointed shall hold the office for the remainder of the
unexpired term.
(2) If 1 or more
vacancies occur in an elective township office that cause the number of members
serving on the township board to be less than the minimum number of board
members that is required to constitute a quorum for the transaction of business
by the board, the board of county election commissioners shall make temporary
appointment of the number of members required to constitute a quorum for the
transaction of business by the township board. An official appointed under this
subsection shall hold the office only until the official's successor is elected
or appointed and qualified. An official who is temporarily appointed under this
subsection shall not vote on the appointment of himself
or herself that official to an elective
or appointive township office.
(3) If a township
official submits a written resignation from an elective township office, for
circumstances other than a resignation related to a recall election, that
specifies a date and time when the resignation is effective, the township
board, within 30 days before that effective date and time, may appoint an
individual to fill the vacancy at the effective date and time of the
resignation. The resigning official shall not vote on the appointment.
(4) Except as
provided in subsection (5), if the township board does not make an appointment
under subsection (3), or if a vacancy occurs in an elective township office and
the vacancy is not filled by the township board or the board of county election
commissioners within 45 days after the beginning of the vacancy, the county
clerk of the county in which the township is located shall call a special
election within 5 calendar days to fill the vacancy. Not later than 4 p.m. on
the fifteenth calendar day after the county clerk calls a special election
under this section, the county party committee for each political party in the
county in which the township is located shall submit a nominee to fill the
vacancy. The special election must be held on the next regular election date
that is not less than 60 days after the deadline for submitting nominees under
this section or 70 days after the deadline for submitting nominees under this
section if the next regular election date is the even year August primary or
the general November election. Notice of the special election must be given in
the same manner required by section 653a. A special election called under this
section does not affect the rights of a qualified elector to register for any
other election. Notwithstanding any ordinance or
resolution to the contrary, an individual elected to fill a vacancy shall not
take the oath of office until the results have been certified by the
appropriate board of canvassers. An individual elected to fill a vacancy
shall serve for the remainder of the unexpired term.
(5) Subsection (4)
does not apply to the office of township constable. If a vacancy occurs in the
office of township constable, the township board shall determine if and when
the vacancy is filled by appointment. If the township board does not fill the vacancy
by appointment, the office of township constable must
remain remains vacant until the next
general or special election in which township offices are filled.