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HB 5701

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

2023-2024 Regular Session Introduced by Joey Andrews and 13 co-sponsors

Moves village elected official term starts to December 1 after elections, delaying sworn-in dates until after canvass certification and military/overseas ballots are counted.

PLACED ON IMMEDIATE PASSAGE
#elections:local #villages:generallaw
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Bill Summary · HB 5701

Summary — HB 5701 (General Law Village Act amendments)

Status: Placed on immediate passage (passed House June 26, 2024); transmitted to Senate (referred to Elections & Ethics). Introduced May 1, 2024.
Sponsors: Rep. Matt Koleszar (co‑sponsors listed in bill text)

Purpose

To delay the start date of terms for village elected officials from November 20 to December 1 (for officers elected after December 31, 2024) and to require that persons elected in special elections to fill vacancies not take the oath of office until the election results are certified by the appropriate board of canvassers. The change aims to ensure local officials do not assume office before late-arriving military/overseas absentee ballots are counted and local elections are certified.

Key provisions

  • Changes to the General Law Village Act (amending MCL 62.4, 62.5, 62.13 and MCL 65.3):

    • Term start date: The term of office for village president, clerk, treasurer, and trustees elected at a regular village election will begin on December 1 following the officer’s election and qualification instead of November 20.
    • President pro tempore selection: The annual date on which the village council must appoint a president pro tempore is moved from November 20 to December 1.
    • Vacancies / special elections:
    • Vacancies in elective offices continue to be filled by council appointment until the next regular village election (existing structure retained).
    • Adds explicit language that an individual elected to fill a vacancy (by special election) may not take the oath of office until the election results have been certified by the appropriate board of canvassers (i.e., certification required before swearing-in).
    • Other existing provisions—such as trustee composition options and special-election procedures—remain in place, with the date adjustments above.

  • Applicability: The new December 1 start date applies to officers elected after December 31, 2024 (i.e., effective for elections beginning in 2025).

Who is affected

  • Village‑level elected officials in municipalities governed by the General Law Village Act: village president, clerk, treasurer, and trustees, and village councils (insofar as pro tempore appointments are concerned).
  • Individuals elected in special elections to fill village vacancies (must await canvass certification to take office).
  • County boards of canvassers and clerks involved in certifying local elections (timing of certification becomes more directly linked to swearing-in timing).

Rationale

2013–2023 changes (including 2023 PA 25 implementing Ballot Proposal 2022‑2) allow military and overseas absentee ballots postmarked by Election Day to be counted if received up to six days after Election Day. Under current local start dates (often shortly after Election Day), elected local officials could, in some cases, assume office before such late-arriving ballots are counted and before canvass certification is complete. Moving the start date to December 1 reduces the chance of a newly sworn official taking office prior to final vote tabulation/certification.

Fiscal impact

Nonpartisan analyses reported no fiscal impact on state or local government.

Procedural / timeline notes

  • Introduced in the House May 1, 2024.
  • Passed the House with immediate effect on June 26, 2024 (Roll Call: 109–0–0; immediate effect).
  • Transmitted to the Senate and referred to the Senate Committee on Elections and Ethics.
  • The date changes are keyed to elections occurring after December 31, 2024 (effective for the 2025 term starts).

Potential effects / considerations

  • Pros: Allows more time for county canvass certification and for military/overseas ballots to be received and counted before officials assume office; reduces risk of premature transitions.
  • Cons noted during committee discussion: a later start date could lengthen any post‑election "lame duck" period in which outgoing officials retain authority between election results and successor swearing‑in.

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

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