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HB 4359

Elections: local; term of office for elected officials; modify. Amends secs. 4, 5 & 13, ch. II & sec. 3, ch. V of 1895 PA 3 (MCL 62.4 et seq.).

2025-2026 Regular Session Introduced by Joey Andrews and 32 co-sponsors

HB 4359 shifts term starts for General Law Village officers from Nov 20 to Dec 1, and bars vacancy-fill sworn-ins until results are certified, delaying inaugurations.

assigned PA 18'26 with immediate effect
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Bill Summary · HB 4359

Summary — HB 4359 (General Law Village Act amendments)

Status: Passed House (Sep 3, 2025, roll call 105–0); transmitted to Senate and referred to Committee on Elections and Ethics (Sep 9, 2025). Introduced Apr 22, 2025. Sponsor: Rep. Pat Outman.

Purpose / Intent

HB 4359 changes when terms begin for officers in Michigan’s general law villages and prevents persons elected to fill vacancies from assuming office before election results have been certified. The stated policy purpose (per committee record) is to ensure local swearing‑in dates occur after enough time has passed to receive and count overseas and military ballots and for official canvass/certification.

Key provisions

  • Amends the General Law Village Act (1895 PA 3), specifically sections 4, 5, and 13 of Chapter II and section 3 of Chapter V (MCL 62.4, 62.5, 62.13, and 65.3).
  • Changes the start date of terms for officers elected at the village’s regular (November) election:
    • Current statutory start: November 20 after election and qualification.
    • New start: December 1 after election and qualification.
  • Changes the date for the council to appoint a president pro tempore from November 20 to December 1 (or as soon after that date as possible).
  • Adds a limitation (notwithstanding any ordinance): an individual elected to fill a vacancy shall not take the oath of office until the results have been certified by the appropriate board of canvassers.

Who is affected

  • Elected village officers under the General Law Village Act: president, clerk, treasurer, and trustees (and related council procedures such as president pro tempore appointment).
  • Individuals elected to fill vacancies in village office (they must wait for certification before taking office).
  • Municipal clerks, canvass boards, and local governments involved in transition and appointment timing.

Timing and application

  • The statutory text replaces "November 20" with "December 1" for the commencement of terms following the regular election.
  • The bill was passed by the Michigan House with immediate effect by House action; it still requires Senate consideration and enactment to become law.

Fiscal impact

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

Context / Legislative history

  • HB 4359 was considered alongside companion bills addressing term start dates for city and township officers (HBs 4358, 4698, 4699).
  • Committee testimony cited recent election‑law changes (allowing a six‑day receipt window for overseas/military ballots) as a reason to shift start dates so officials are not sworn in before all lawful ballots can be counted.
  • The bill passed the House (Sep 3, 2025) unanimously in recorded vote 105–0 and was transmitted to the Senate on Sep 3, 2025.

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

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