Oath of Office Legislation Clears House Elections Committee

Posted on May 15, 2024 by Dave Hodgkins

Legislation that addresses a conflict between state law and some municipal charters cleared the House Elections Committee on Tuesday. As the result of Proposal 2 implementation, clerks must now account for ballots that come in six days following an election. As a result, municipalities with language in their charters requiring newly elected local officials to be seated the week following an election would be doing so prior to actual certification.

House Bills 5699, 5700, 5701, and 5702 would amend the Home Rule City Act, Home Rule Village Act, and Michigan Election Law to state that all terms of city, village, and township officers elected following December 31st of 2024 must not commence earlier than December 1st at noon going forward. This defaults those municipalities with earlier dates in their charters to December 1st, but it does not require them to amend their charters unless they want to do so in order to specify a date and time after that. The bills would also provide that an individual elected to fill a vacancy as a result of a special election could not take office until the election is certified by the appropriate board of canvassers.

The November 20th date in the General Law Village Act will also be amended to reflect December 1st moving forward. This legislation has no impact on municipalities with dates in their charters already after December 1st.

The League, with guidance from members, has been at the table negotiating language that solves the existing conflict while offering some flexibility to municipalities without mandating a change to charters. This language is a reflection of those conversations. MML took a position of neutral on the package.

The bills were voted out of committee with democrats all voting in favor and republicans passing. The legislation is now on the House floor.



Dave Hodgkins is a legislative associate with the League. He may be reached at [email protected]

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