Bill
HB 5699
The bill shifts township officer terms to begin December 1 after elections (instead of November 20) to allow all ballots, including late-counted military/overseas votes, to be cert
Status and timeline
- Bill: HB 5699 — Amends 1954 PA 116 (Michigan Election Law), sections 362 and 370 (MCL 168.362 & 168.370).
- Introduced: May 1, 2024 (Rep. Penelope Tsernoglou).
- Final actions: Passed Legislature (signed in both chambers May 28, 2025), sent to Governor May 30, 2025; filed without the Governor’s signature June 20, 2025.
- Effective date: September 1, 2025.
Purpose
- Move the official start date for township officers’ terms to ensure elected township officials do not assume office before all legally timely ballots (including military/overseas ballots received up to six days after Election Day) can be counted and local election results certified.
Key provisions (what the bill changes)
- Term start date for township officers (MCL 168.362):
- For township officers elected after December 31, 2024, terms will commence at 12:00 p.m. (noon) on December 1 following the election.
- For township officers elected before January 1, 2025, the existing November 20, 12:00 p.m. start remains.
- Deletes a current provision that generally required certain elective township officers (other than supervisor, clerk, treasurer, trustee, constable, library director, or park commissioner) to be elected at the November election immediately before term expiration and to commence duties on November 20.
- Vacancy/special election certification (MCL 168.370):
- If a special election fills a vacancy in an elective township office, the person elected may not take the oath of office until the election results have been certified by the appropriate board of canvassers.
- The statutory exception for township constable vacancies (handled differently) remains.
Who is affected
- Primary: township elected officials (clerks, treasurers, trustees, constables, library directors, park commissioners, etc.), township boards, county clerks, and boards of canvassers.
- Secondary: voters (including military and overseas voters) and candidates, since the change affects when successors take office and how late-arriving ballots are handled relative to swearing-in.
Rationale and impacts
- Rationale: Public Act 25 of 2023 (which allowed counting military/overseas ballots received up to six days after Election Day) created the potential for local winners to be sworn in before all ballots were counted or results certified. Moving term start to December 1 provides additional time for certification.
- Fiscal impact: None to state or local government (per legislative fiscal analysis).
- Potential tradeoffs: Supporters say it reduces risk of premature swearing-in; critics/observers raised the possibility of an extended “lame‑duck” period where outgoing officials retain authority longer after an election.
Relation to other bills
- HB 5699 was considered with companion bills (HBs 5700–5702) that make similar start-date adjustments for city and village officers (e.g., city officers to begin on the first day of the month after the election or no earlier than December 1) and add the same certification requirement for special-election winners.
Compiled from official sources — confirm details with the bill’s official record.
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