Elections: local; term of office for elected officials; modify, the official text

Act No. 18

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 Reps. Outman, Tsernoglou, Wooden, Miller,
Hoadley, Glanville, Price, Andrews, Morgan, MacDonell, Koleszar, Rheingans,
Weiss, Arbit, Byrnes, McFall, Hope, Conlin, Neeley, Wilson, Wegela, Young,
Fitzgerald, Brixie, Pohutsky, Foreman, Myers-Phillips, Xiong, Longjohn,
Johnsen, Kunse, Rigas and BeGole

ENROLLED HOUSE BILL No. 4359

AN ACT to amend 1895 PA 3,
entitled “An act to provide for the government of certain villages; to define
their powers and duties; to provide for the levy and collection of taxes,
borrowing of money, and issuance of bonds and other evidences of indebtedness
by villages subject to this act; to define the powers and duties of certain
state and local officers and entities; to define the application of this act
and provide for its amendment by villages subject to this act; to validate
prior amendments and certain prior actions taken and bonds issued by villages
subject to this act; to provide for the disincorporation of villages; and to
prescribe penalties and provide remedies,” by amending sections 4, 5, and 13 of
chapter II and section 3 of chapter V (MCL 62.4, 62.5, 62.13, and 65.3),
sections 4 and 5 of chapter II and section 3 of chapter V as amended by
2012 PA 551 and section 13 of chapter II as amended by 2003 PA 305.

The People of the State of
Michigan enact:

CHAPTER II

Sec.
4. Unless otherwise provided by ordinance, the president, clerk, and treasurer
hold their respective offices for the term of 2 years and until their
successors are elected and qualified. The term of office for a president,
clerk, or treasurer elected at the village’s regular election begins on December
1 after the officer’s election and qualification.

Sec.
5. Except as otherwise provided in this section, 3 village trustees must be
elected at each biennial village election for the term of 4 years and until
their successors are qualified. As an alternative, if provided by an ordinance
adopted by the village, all 6 village trustees must be elected at the biennial
village elections for the term of 2 years and until their successors are
qualified. The term of office for a trustee elected at the village’s regular
election begins on December 1 after the officer’s election and qualification.

Sec.
13. (1) A vacancy occurring in the office of president, trustee, or any other
elective office must be filled by appointment by the council, and the appointee
shall hold office until the next regular village election. All vacancies in any
other office must be filled by the president, by and with the consent of the
council.

(2) If by reason of removal, death, resignation, or
otherwise, the membership of the council is reduced to less than a quorum, the
remaining council members shall call a special election for the purpose of
filling all vacancies in the office of trustee, if a petition signed by not
less than 10% of the qualified voters of the village is filed with the village
clerk not later than 10 days after the vacancy or vacancies occur. If a
petition is not filed within the time period required under this subsection, then
the remaining council members may either call a special election, or may
appoint a sufficient number of trustees to constitute with the members in
office a quorum of the council, who shall then fill the remaining vacancies as
provided in this section.

(3) If all the officers and trustees of a village die or move
from the village, and no successors have been elected or appointed to fill the
vacancies, the township clerk of the township within which the village is
situated shall, on petition of 10% of the qualified voters residing in the
village, call a special election for the election of the officers and trustees
of the village to be held on a regular election date as established under
section 641 of the Michigan election law, 1954 PA 116, MCL 168.641. The
township shall perform all of the other duties with respect to the election as
the village might have done had the vacancies not existed, including the
preparation of ballots, the appointment of election inspectors, the counting and
canvassing of the ballots, and the certification of the persons elected to the
offices for which the election was held. The expenses of the election must be
paid by the village as provided in section 642 of the Michigan election law,
1954 PA 116, MCL 168.642.

(4)
Notwithstanding any ordinance 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.

CHAPTER V

Sec.
3. (1) On December 1 of each year, or as soon after that date as possible, the
council shall appoint 1 of their number president pro tempore of the council.

(2) In the absence of the president, the president pro
tempore presides at the council meetings, and exercises the powers and duties
of president. In the absence of the president and president pro tempore, the
member with the longest current period of continuous service on the council
presides unless otherwise provided by council rules.

This act is ordered to take
immediate effect.

Clerk of the House of
Representatives

Secretary of the Senate

Approved___________________________________________

____________________________________________________

Governor