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HB 5816

Cities: home rule; election of charter commission: modify timeline requirements. Amends sec. 18 of 1909 PA 279 (MCL 117.18).

2023-2024 Regular Session Introduced by Joey Andrews and 8 co-sponsors

Extends the charter-commission election window from 60 to 200 days after a general charter revision approval, easing planning amid limited local election dates.

REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS
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Bill Summary · HB 5816

Summary — HB 5816 (Home Rule City Act amendments)

Status: Passed House (Dec. 12–18, 2024); referred to Committee on Government Operations (Dec. 18, 2024); later referred to Joint Committee on Appropriations (Jan. 22, 2025). Amends: MCL 117.18.

Purpose

HB 5816 amends the Home Rule City Act to modify timing and related procedural rules for electing charter commissioners after voters approve a general charter revision. The changes are intended to align statutory deadlines with practical election scheduling under Michigan election law.

Key provisions / changes

  • Extends the deadline to elect members of a charter commission from 60 days to 200 days after the election that approves a general charter revision.
  • Changes the trigger for automatic termination of a charter revision commission: under the bill, the commission terminates if no revised charter is adopted within 3 years after the commission’s first meeting (current law measures the 3-year period from voters’ approval of the proposition).
  • The bill’s text retains existing provisions about the charter commission composition and nomination process:
    • A nine-member commission of city residents (at least 3 years’ residency).
    • Candidates nominated by petition (where city charter does not provide otherwise), with signature requirements equal to between 2% and 4% of the relevant prior-city vote total.
    • No city officer or employee (elected or appointed) is eligible to serve on the commission.
    • Election of commissioners to be conducted pursuant to the city’s election rules; names placed on the ballot without party designation.
  • Note on ballot placement: a House Fiscal Agency committee analysis described removal of the statutory requirement that charter commission candidates appear on a separate ballot; however, the bill text as adopted (substitute H‑2) continues to include language placing candidates on a separate ballot. (This is a discrepancy between the committee summary and the bill text.)

Who is affected

  • Cities and municipal clerks: more time to schedule and administer a charter-commission election consistent with limited municipal election dates (May, August, November, and the presidential primary in February).
  • Voters and prospective charter-commission candidates: timing of elections and the commission life span are modified; nomination and eligibility rules generally unchanged.
  • Local election administration: reduces scheduling pressures and certification timing conflicts by allowing up to 200 days.

Rationale and debate

  • Supporters (e.g., Department of State, city clerks, Michigan Municipal League, advocacy groups) argue the extension addresses practical conflicts with Michigan Election Law and limited municipal election dates, enabling proper canvass and administration.
  • Opponents argue that a 200‑day delay may postpone implementation of voter-approved charter revisions and slow reform momentum.

Fiscal impact

Nonpartisan House Fiscal Agency: no fiscal impact on the state or local units of government.

Legislative history (select)

  • Introduced: June 12, 2024 (Rep. Penelope Tsernoglou).
  • Reported with substitute (H‑2): Nov. 12, 2024.
  • Substitute adopted and bill passed House: Dec. 11–12, 2024 (House vote 56–53); immediate effect granted by House action Dec. 18, 2024.
  • Referred to Government Operations Committee Dec. 18, 2024; later referred to Joint Committee on Appropriations Jan. 22, 2025.

For statutory reference, the bill amends section 18 of the Home Rule City Act (MCL 117.18).

Compiled from official sources — confirm details with the bill’s official record.

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