Legislative Analysis
Phone: (517) 373-8080
MOVE LOCAL TERM OF OFFICE START DATE
http://www.house.mi.gov/hfa
TO DECEMBER 1
Analysis available at
House Bill 5699 as passed by the House http://www.legislature.mi.gov
Sponsor: Rep. Penelope Tsernoglou
House Bill 5700 (H-1) as passed by the House
Sponsor: Rep. Veronica A. Paiz
House Bill 5701 as passed by the House House Bill 5702 as passed by the House
Sponsor: Rep. Matt Koleszar Sponsor: Rep. Sharon MacDonell
Committee: Elections
Complete to 7-9-24
SUMMARY:
Together, House Bills 5699 to 5702 would require township and village officials to begin their
terms of office on December 1, and city officials to begin their terms on the first day of the
month after their election, beginning in 2025. 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.
House Bill 5699 would amend the Michigan Election Law to set the start date for the term of
office for all township officials elected after December 31, 2024, at 12:00 p.m. (i.e., noon) on
the December 1 following their election. Currently, these officials begin their terms at 12:00
p.m. on the November 20 following their election. (The November 20 date would remain for
officials elected before January 1, 2025.)
The bill would also remove a provision that generally requires elected township officers other
than a township supervisor, clerk, treasurer, trustee, constable, library director, or park
commissioner to be elected at the November election before their term expires and commence
the duties of their office on November 20.
However, if a special election were held to fill a vacancy in an elective township office, the
winner could not take the oath of office until the results of the election have been certified. 1
MCL 168.362 and 168.370
House Bill 5700 would add a new section to the Home Rule City Act to require terms of office
for elected city officials to begin on or after the first day of the month after the official’s
election, beginning in 2025.
The bill would generally require all terms of city officers elected after December 31, 2024, to
begin no earlier than 12:00 p.m. on the first day of the month following the election. If a city
1
A special election is generally held if the official resigns for reasons other than a recall and the township board does
not make an appointment to fill the vacancy, or if a vacancy occurs in an elective township office (other than the office
of township constable) and the vacancy is not filled within 45 days.
House Fiscal Agency Page 1 of 3
 charter provides for a term of office to commence after an election but before the first day of
the next month, all terms of city officers who are elected after December 31, 2024, would
commence on the first day of the month following their election at 12:00 p.m.
The bill would also specify that an individual elected to fill a vacancy in a city office could not
take the oath of office until the results of the election have been certified.
Proposed MCL 117.3c
House Bill 5701 would amend the General Law Village Act to move the term of office for a
village president, clerk, treasurer, or trustee elected at a regular village election to the
December 1 following the officer’s election and qualification. Currently, these terms begin on
the November 20 after the individual is elected and qualified.
The date on which a village council must annually appoint a president pro tempore, which is
currently November 20, would also be moved to December 1.
However, if a special election were held to fill a vacancy in a village office, the winner could
not take the oath of office until the results of the election have been certified. 2
MCL 62.4 et seq.
House Bill 5702 would add a new section to the Home Rule Village Act to require terms of
office for elected officers in a home rule village to begin on or after December 1, beginning in
2025.
The bill would generally require all terms of village officers elected after December 31, 2024,
to begin no earlier than 12:00 p.m. on the December 1 following the election. If a village charter
provides for a term of office to commence after an election but before December 1, all terms
of city officers who are elected after December 31, 2024, would commence on December 1 at
12:00 p.m.
The bill would also specify that an individual elected to fill a vacancy in a village office could
not take the oath of office until the results of the election have been certified.
Proposed MCL 78.24e
BRIEF DISCUSSION:
Ballot Proposal 2022-2 amended the state constitution to grant military and overseas voters the
right to have their absentee ballots counted if the ballot was postmarked on or before election
day and received by the appropriate election official within six days of election day. This
change was incorporated into the Michigan Election Law by 2023 PA 25.
According to committee testimony, the delayed deadline for receiving military and overseas
ballots has resulted in the possibility that the presumptive winner of a city, village, or township
2
The General Law Village Act provides that a special election to fill all vacancies can be called by the village
councilmembers if there are no longer enough members to constitute a quorum, or by the appropriate township clerk
if all village officers and trustees have died or moved and no successors have been elected or appointed.
House Fiscal Agency HBs 5699 to 5702 as passed by the House Page 2 of 3
 election can begin their term before all votes are returned, since some individuals currently
take the oath of office within days of their election. Additionally, the November 20 start date
reportedly does not always leave sufficient time for a board of county canvassers to certify all
local elections within its jurisdiction. Supporters of House Bills 5699 to 5702 suggest that
setting a municipal term of office’s start date at no earlier than December 1 would ensure that
an election is finalized and certified before an official is sworn in.
No arguments opposing the bill were presented during committee testimony, but concerns were
raised that delaying a term of office start date could result in a “lame duck” session of a local
body where officers could meet after an election to make last-minute decisions before their
successors are sworn in.
FISCAL IMPACT:
The bills would have no fiscal impact on the state or local units of government.
POSITIONS:
A representative of the Oakland County Clerk testified in support of the bills. (5-14-24)
The following entities indicated support for the bills (5-14-24):
• Michigan Department of State
• Michigan Association of County Clerks
• Michigan Association of Municipal Clerks
The Michigan Townships Association indicated a neutral position on HB 5699. (5-14-24)
The following entities indicated a neutral position on the bills (5-14-24):
• Michigan Municipal League
• Pure Integrity for Michigan Elections
Legislative Analyst: Holly Kuhn
Fiscal Analyst: Michael Cnossen
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HBs 5699 to 5702 as passed by the House Page 3 of 3


Statutes affected:
Substitute (H-1): 117.1, 117.38
House Introduced Bill: 117.1, 117.38
As Passed by the House: 117.1, 117.38