SB 240 MI

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Act No. 19 Public Acts of 2026 Approved by the Governor June 20, 2026 Filed with the Secretary of State June 22, 2026 EFFECTIVE DATE: June 22, 2026 state of michigan 103rd Legislature Regular session of 2026 Introduced by Senators Moss, McBroom and Johnson ENROLLED SENATE BILL No. 240 AN ACT to amend 1954 PA 116, entitled �An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,� by amending sections 362 and 370 (MCL 168.362 and 168.370), section 362 as amended by 1980 PA 112 and section 370 as amended by 2022 PA 104. The People of the State of Michigan enact: Sec. 362. (1) Beginning in 1980 and for all subsequent elections at which township officers are elected, the term of office of all township officers listed in section 358 is 4 years. All terms of township officers elected before January 1, 2025 commence at 12 noon on November 20 following the officer�s election. All terms of township officers elected after December 31, 2024 commence at 12 noon on December 1 following the officer�s election. Officers must qualify before assuming the duties of the office. Each township officer shall hold office until a successor is elected and qualified, but not beyond January 1 following the election. Failure of an elected township officer to qualify by January 1 following the officer�s election creates a vacancy that must be filled as provided in section 370. (2) A township officer elected in the general election shall remain in office for the full term if the officer failed to take the oath of office within the time prescribed by law and was subsequently appointed by the township board to the office for which the officer ran.

Sec. 370. (1) Except as provided in section 370a or subsection (2), if a vacancy occurs in an elective or appointive township office, the vacancy must be filled by appointment by the township board, and the individual appointed shall hold the office for the remainder of the unexpired term. (2) If 1 or more vacancies occur in an elective township office that cause the number of members serving on the township board to be less than the minimum number of board members that is required to constitute a quorum for the transaction of business by the board, the board of county election commissioners shall make temporary appointment of the number of members required to constitute a quorum for the transaction of business by the township board. An official appointed under this subsection shall hold the office only until the official�s successor is elected or appointed and qualified. An official who is temporarily appointed under this subsection shall not vote on the appointment of that official to an elective or appointive township office.

(3) If a township official submits a written resignation from an elective township office, for circumstances other than a resignation related to a recall election, that specifies a date and time when the resignation is effective, the township board, within 30 days before that effective date and time, may appoint an individual to fill the vacancy at the effective date and time of the resignation. The resigning official shall not vote on the appointment. (4) Except as provided in subsection (5), if the township board does not make an appointment under subsection (3), or if a vacancy occurs in an elective township office and the vacancy is not filled by the township board or the board of county election commissioners within 45 days after the beginning of the vacancy, the county clerk of the county in which the township is located shall call a special election within 5 calendar days to fill the vacancy. Not later than 4 p.m. on the fifteenth calendar day after the county clerk calls a special election under this section, the county party committee for each political party in the county in which the township is located shall submit a nominee to fill the vacancy. The special election must be held on the next regular election date that is not less than 60 days after the deadline for submitting nominees under this section or 70 days after the deadline for submitting nominees under this section if the next regular election date is the even year August primary or the general November election. Notice of the special election must be given in the same manner required by section 653a. A special election called under this section does not affect the rights of a qualified elector to register for any other election. Notwithstanding any ordinance or resolution to the contrary, 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. An individual elected to fill a vacancy shall serve for the remainder of the unexpired term. (5) Subsection (4) does not apply to the office of township constable. If a vacancy occurs in the office of township constable, the township board shall determine if and when the vacancy is filled by appointment. If the township board does not fill the vacancy by appointment, the office of township constable remains vacant until the next general or special election in which township offices are filled.

Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 103rd Legislature are enacted into law: (a) Senate Bill No. 241. (b) House Bill No. 4358. (c) House Bill No. 4359. This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives Approved___________________________________________

____________________________________________________ Governor