Bill Summary – FastDemocracy

Legislative Analysis
MODIFY CHARTER COMMISSIONER ELECTION DEADLINE                                            Phone: (517) 373-8080
                                                                                         http://www.house.mi.gov/hfa
House Bill 5816 (H-2) as reported from committee                                         Analysis available at
Sponsor: Rep. Penelope Tsernoglou                                                        http://www.legislature.mi.gov
Committee: Elections
Complete to 12-7-24
SUMMARY:
         House Bill 5816 would amend the Home Rule City Act to extend the deadline by which
         members of a charter commission must be elected for a city charter revision.
         Unless otherwise provided by the city charter, upon the approval of 3/5 of the members of its
         legislative body or upon receiving an initiative petition signed by at least 5% of the city’s
         registered voters, a city can hold an election on the question of whether to revise its charter.
         If the voters approve the proposal for a general charter revision, a nine-member charter
         commission generally must be elected within 60 days. 1 However, the Michigan Election Law
         requires all city elections to be held on the regular election date in May, August, or November,
         or on the date of the February presidential primary election. 2
         House Bill 5816 would amend the Home Rule City Act to require an election for the charter
         commission to be held within 200 days, rather than 60 days, of the election approving the
         petition for a charter revision.
         Additionally, under the bill, if no revised charter is adopted during the three years following
         the first meeting of the charter commission, the charter revision commission would be
         terminated. (Current law provides for termination the commission if no revised charter is
         adopted within three years after voters approve the proposal.)
         The bill would also remove a provision that currently requires charter revision commission
         candidates to be placed on a separate ballot from any other items on the ballot at that election.
         MCL 117.18
BRIEF DISCUSSION:
         According to committee testimony, charter commissions are often approved at November
         elections, and since municipalities generally are limited to three election dates per year (or four
         dates in presidential election years), elections for charter commissioners usually are not held
         until the following May election. For example, the voters of Lansing approved a general
         revision of the city charter in November of 2023, but there was no way to reasonably hold an
1
  The act provides that charter commissioners may be elected at the same election as the question for a charter revision
when provided for by the petition or upon the approval of 3/5 of the members of the city’s legislative body.
2
  May, August, and November elections are held on the first Tuesday after the first Monday of the month, and the
presidential primary election is held on the fourth Tuesday in February in each presidential election year.
House Fiscal Agency                                                                                         Page 1 of 2
       election for the charter commissioners until May 2024, well after the 60-day deadline in the
       Home Rule City Act. Additionally, the 60-day deadline does not provide enough time to
       properly canvass and certify election results before administering a charter commissioner
       election. Supporters of House Bill 5816 argue that extending the deadline to 200 days would
       allow clerks to fulfill their duties while complying with the Home Rule City Act.
        Opponents of the bill argue that voters who approve a general charter revision have shown that
        they want change, so they should not have to wait 200 days for the charter commission to be
        elected.
FISCAL IMPACT:
        The bill would have no fiscal impact on the state or local units of government.
POSITIONS:
        Representatives of the following entities testified in support of the bill (11-12-24):
           • Department of State
           • Lansing City Clerk
       The following entities indicated support for the bill (11-12-24):
          • Michigan Municipal League
          • Voters Not Politicians
       A representative of Pure Integrity for Michigan Elections testified in opposition to the bill.
       (11-12-24)
                                                            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                                                 HB 5816 (H-2) as reported    Page 2 of 2
Statutes affected: 
Substitute (H-2): 117.18
House Introduced Bill: 117.18
As Passed by the House: 117.18