August 18, 2009, Introduced by Senators KAHN and SWITALSKI and referred to the Committee on Campaign and Election Oversight.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
(MCL 168.1 to 168.992) by adding sections 304 and 646e.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 304. (1) The school district election coordinator of a
school district may cancel a school district election before the
date of the school district election if the school district
election coordinator certifies that all of the following apply:
(a) There is no question on the ballot at the school district
election other than the election of school board members.
(b) The deadline has passed for filing a declaration of intent
to be a write-in candidate under section 737a(1).
(c) There is not more than 1 candidate on the ballot for each
office on the ballot.
(2) If a school district election is canceled under subsection
(1), the candidate on the ballot for each office on the ballot
shall be considered elected to that office for all purposes under
this act as if the election had occurred and the candidate had been
elected at the school district election. The appropriate board of
canvassers shall certify that the school district election was
canceled in compliance with subsection (1) and that the candidate
was elected.
(3) If the school district election coordinator of a school
district cancels a school district election under subsection (1),
the school district election coordinator shall provide reasonable
notice of the cancellation to the electors of the school district.
Sec. 646e. (1) The clerk of a county, city, township, or
village may cancel an election or special election before the date
of the election if the clerk certifies that all of the following
apply:
(a) There is no ballot question on the ballot at the election.
(b) The deadline has passed for filing a declaration of intent
to be a write-in candidate under section 737a.
(c) There is only 1 candidate on the ballot for each office on
the ballot or, for a nonpartisan election, there are only the
number of candidates as there are individuals to be elected.
(2) If an election is canceled under subsection (1), the
candidate on the ballot for each office on the ballot shall be
considered elected to that office for all purposes under this act
as if the election had occurred and the candidate had been elected
at the election. The appropriate board of canvassers shall certify
that the election was canceled in compliance with subsection (1)
and that the candidate was elected.
(3) If a county, city, township, or village clerk cancels an
election under subsection (1), the clerk shall provide reasonable
notice of the cancellation to the electors of the county, city,
township, or village.
(4) This section does not apply to a school district election.