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SB 240

Relating to: workforce literacy grant program. (FE)

2025-2026 Regular Session Introduced by Julian Bradley and 3 co-sponsors

Shifts most township officer terms to Dec 1 (noon) for elections after 12/31/2024, delaying oath until late ballots, including military and overseas, are counted and certified.

Representative Armstrong added as a cosponsor
0
WeVote Research Nonpartisan
Bill Summary · SB 240

SB 240 — Elections: local; township officers’ term start date (MCL 168.362 & 168.370)

Status: Introduced January 30, 2025; referred to Committee on Election Integrity
Amends: Sections 362 and 370 of 1954 PA 116 (Michigan Election Law) — MCL 168.362 & 168.370

Main purpose

To shift the official start date for most township officers’ terms from November 20 to December 1 (12:00 noon) for officers elected after December 31, 2024, and to clarify procedures for vacancies, temporary appointments, special elections, and oath-taking. The change is intended to avoid officials assuming office before late-arriving ballots (e.g., military/overseas) are counted and election results certified.

Key provisions

  • Term start date (MCL 168.362)

    • For township officers elected after December 31, 2024, terms begin at 12:00 noon on December 1 following the election.
    • Officers elected before January 1, 2025, retain the November 20 start date.
    • Officers must qualify before assuming duties; each officer serves until a successor is elected and qualified (but not beyond the next January 1).
    • Clarifies that an officer who failed to take the oath in time but is later appointed by the township board to the office remains in office for the full term.

  • Vacancy, appointment, and special election rules (MCL 168.370)

    • General rule: vacancies in elective or appointive township offices are filled by township board appointment for the unexpired term.
    • If vacancies reduce the board below a quorum, the county board of election commissioners makes temporary appointments sufficient to achieve a quorum; temporaries cannot vote on their own appointment to permanent office.
    • Resignation with a specified effective date: township board may appoint a successor within 30 days before the effective date to begin service at that time; the resigning official may not vote on the appointment.
    • If the board fails to appoint under certain conditions (or a vacancy remains unfilled 45 days after it begins), the county clerk must call a special election within 5 days. County party committees must submit nominees (deadline: 15 days after the clerk’s call). The special election is held on the next regular election date at least 60 days after the nominee deadline (70 days if that election is the August primary or November general in even years).
    • Important: an individual elected to fill a vacancy may not take the oath of office until the appropriate board of canvassers has certified the results.
    • Constable exception: the office of township constable may remain vacant until the next general or special township election if the township board chooses not to appoint a replacement.

Who is affected

  • Township officers (clerks, treasurers, trustees, constables, and other township elective offices)
  • Township boards (appointment and resignation procedures)
  • County clerks and county boards of canvassers (special election and certification duties)
  • County party committees (nominating nominees for vacancy special elections)
  • Voters, including military and overseas voters whose ballots may be counted after Election Day

Procedural/timeline aspects

  • New term start date applies to officers elected after December 31, 2024.
  • Special-election timing rules establish nominee deadlines and minimum lead times (60–70 days) to the next regular election date.
  • Certification requirement: winners of vacancy special elections cannot be sworn in until canvass certification.

Rationale / Context

Committee materials note Public Act 25 of 2023 permits certain absent-uniformed-service and overseas ballots to be counted if received up to six days after Election Day. Moving the term start date reduces the risk that newly elected local officials assume office before those ballots are counted and results certified.

Fiscal impact

Nonpartisan analyses tied to related measures indicate no significant fiscal impact on state or local governments.

Technical citations

  • Amends MCL 168.362 and MCL 168.370 (1954 PA 116).

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

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