Bill
HB 4358
The bill standardizes start dates for city elected officials to no earlier than 12:00 noon on the first day of the month after their election, delaying oath until ballots are count
Status
- Bill: HB 4358
- Title: Elections: local; term of office for elected officials; modify (adds Sec. 3c to 1909 PA 279 — Home Rule City Act; proposed MCL 117.3c)
- Sponsor: Rep. Mike Hoadley
- Introduced: March 11, 2025 (filed); introduced April 22, 2025
- House action: Passed House (vote 105–0) on September 3, 2025 with immediate effect
- Current: Referred to Committee on Elections and Ethics
- Fiscal impact: No state or local fiscal impact (House Fiscal Agency)
Purpose / Intent
- To standardize and delay the earliest permissible start date for terms of city elected officials so that newly elected officials are not required to assume office before all valid votes (including certain military and overseas ballots) can be received and counted.
Key provisions
- New start-date rule: Except as provided below and notwithstanding any charter provision to the contrary, all terms of city officers elected after December 31, 2024, must not commence earlier than 12:00 noon on the first day of the month following the officer’s election.
- Practical example: For a November election, this means terms begin no earlier than 12:00 noon on December 1.
- Charter override: If a city's charter currently provides for a term to begin earlier than the first day of the following month, that charter timing is superseded for officers elected after 12/31/2024.
- Vacancies: An individual elected to fill a vacancy may not take the oath of office until election results have been certified by the appropriate board of canvassers (regardless of any charter provision).
- Legal placement: Adds Section 3c to the Home Rule City Act (proposed MCL 117.3c).
Who is affected
- Newly elected city officers in Michigan (mayors, councilmembers, other elected city positions covered by the Home Rule City Act).
- Municipal charters that currently specify earlier post-election start dates.
- Candidates elected to fill vacancies (they must wait for official canvass certification before taking office).
Rationale / background
- Committee testimony noted that recent election-law changes allow a multi-day window after Election Day for servicemembers’ and overseas ballots to arrive and be counted; some municipalities previously swore in officials before those ballots could be processed. The bill aims to ensure elected officials do not assume office until after a reasonable period for ballots to be received and certified.
Related legislation
- Companion or similar bills (HB 4359, HB 4698, HB 4699) propose parallel timing changes for general-law villages, home-rule villages, and townships.
Next steps / procedure
- Having passed the House, HB 4358 is under consideration in the committee on Elections and Ethics (Senate) and would require Senate approval and gubernatorial action to become law.
Compiled from official sources — confirm details with the bill’s official record.
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