Bill
HB 5700
Delays start of terms for elected home rule city officials until after election results are certified, padding for overseas ballots.
Status & key dates
- Bill: HB 5700 (H-1 substitute as passed by the House)
- Statutory change: adds section 3c to 1909 PA 279 (The Home Rule City Act) — proposed MCL 117.3c
- Passed House (H-1 adopted): June 26, 2024 (Roll Call #239 — Yeas 109, Nays 0)
- Transmitted to Governor: May 6, 2025
- Fiscal impact: none (nonpartisan analyses)
Purpose / intent
- To ensure elected city officials in home rule cities do not assume office before local elections are fully certified, especially given the extended receipt window for military/overseas absentee ballots. The bill delays or standardizes the earliest possible start of municipal terms so canvass certification can occur first.
Main provisions
1. Term start date (overrides charters)
- For city officers elected after December 31, 2024, terms must not commence earlier than 12:00 noon on the first day of the month following the officer’s election.
- If a city charter currently provides for a term to begin after an election but before the first day of the following month, the new rule requires such terms to begin at 12:00 noon on that first day of the month instead.
2. Vacancy/special-election oath
- An individual elected to fill a vacancy (e.g., via special election) may not take the oath of office until the election results have been certified by the appropriate board of canvassers.
3. Applicability
- The restriction applies notwithstanding any contrary provision in a city charter.
Who is affected
- Elected city officers in Michigan home rule cities (mayors, council members, etc.) elected after 12/31/2024.
- City charters that currently set earlier start dates are superseded to the extent they conflict.
- Individuals winning special elections to fill vacancies.
Rationale and impacts
- Rationale: Following changes to allow military and overseas ballots to be counted if received within six days after election day, the bill reduces the risk that officials take office before all valid ballots are counted and local canvass certifications occur.
- Expected effects: More uniform start dates across home rule cities and fewer instances of officials assuming office before canvass completion. Supporters (e.g., Dept. of State, county and municipal clerks) testified in favor; some raised concerns about potential "lame duck" meetings between election day and new-start dates.
Related measures
- Companion/companion-like bills (HBs 5699, 5701, 5702) make parallel changes for townships and villages (moving November 20 start dates to December 1 or the first day of the following month and adding similar certification limitations).
Compiled from official sources — confirm details with the bill’s official record.
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