Bill
HB 5702
Delays start of village terms to noon on December 1 after each election to ensure certification of all ballots, including military/overseas, before swearing in.
Status
- Bill: HB 5702 (adds sec. 24e to 1909 PA 278 — Home Rule Village Act)
- Sponsor: Rep. Sharon MacDonell (with multiple cosponsors)
- Key procedural steps: introduced May 1, 2024; passed the Michigan House June 26, 2024 (109–0) with immediate effect; referred to Senate Committee on Elections and Ethics; reported favorably by committee and placed on order of third reading. (At time of this summary the bill has not been enacted into law.)
Purpose / intent
- To ensure village elected officials do not assume office before all ballots (including military and overseas ballots delivered up to six days after election day) are counted and election results are certified. The change is intended to reduce the chance that a presumptive winner would take office before the canvassers have finalized local election results.
Key provisions
1. New section 24e added to the Home Rule Village Act:
- For village officers elected after December 31, 2024, the term of office may not commence earlier than 12:00 p.m. (noon) on December 1 following the election — regardless of any contrary provision in a village charter.
- If a charter currently provides for terms to begin after the election but before December 1, that charter provision is superseded: terms for officers elected after 12/31/2024 will commence at noon on December 1.
2. Certification requirement for special/vacancy elections:
- An individual elected to fill a vacancy (e.g., via special election) may not take the oath of office until the election results are certified by the appropriate board of canvassers.
3. Supersedes conflicting charter language in affected villages.
Who is affected
- All home rule villages in Michigan and their elected officers (president, trustees, clerk, treasurer, etc.).
- Candidates elected at regular village elections held after December 31, 2024 (i.e., the change applies beginning with the 2025 election cycle).
- Local election administrators and boards of canvassers (timing of certification becomes more determinative of when officeholders may be sworn in).
Context and rationale
- Tied to changes from Public Act 25 of 2023 (implementing Michigan Constitutional Ballot Proposal 2022‑2), which permits counting of military and overseas absentee ballots received up to six days after election day if postmarked by election day. That later receipt window can delay final vote totals and canvass certification; HB 5702 delays the official start of village terms so certification can occur first.
Potential impacts and considerations
- Administrative: No fiscal impact on state or local government is anticipated.
- Governance: Delays the transfer of authority to newly elected village officials until December 1; supporters argue this prevents premature swearing-in before all votes are counted and certified. Critics or observers have noted the delay could create a short “lame‑duck” period during which outgoing officials retain authority after being defeated in an election.
- Legal: The bill expressly overrides conflicting charter provisions for affected villages.
Related bills
- HB 5699 (townships), HB 5700 (home rule cities), and HB 5701 (general law villages) contain parallel provisions for other local units; HB 5702 is the home rule village component of that package.
Effective timing
- The substantive rule applies to village officers elected after December 31, 2024 (i.e., beginning with the 2025 post‑election period), subject to the bill becoming law through the remainder of the legislative process and gubernatorial action.
Compiled from official sources — confirm details with the bill’s official record.
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