The
London Township Chronicle

a volunteer effort created by and for citizens of London Township, Monroe County, Michigan


Our mission is to provide an electronic forum for discussion and a source of accurate, unbiased, factual information for the citizens concerning the affairs of our township. We will store as much archive material as possible. We welcome opinion and  solicit all viewpoints.  We are in need of volunteer contributors. We anticipate no fancy web pages so folks out here with slow connections can get to the meat.  Send complaints/comments/submissions to custodian@londontownship.org
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VACANCIES IN TOWNSHIP OFFICES DUE TO RESIGNATION, RECALL OR DEATH

Several have asked what happens when an official resigns or is recalled. Below is an excellent compilation by the Michigan Township Association as to the process a township must follow if one of these conditions occurs.

When a vacancy occurs on the township board due to the resignation of a board member: 

1. To resign, a board member must submit his or her signed resignation in writing to the board.

The board must vote (at a regular or special board meeting) to accept the resignation for the resignation to take effect. (MCL 41.56) 

a) If the resigning official gives an effective date of resignation that comes prior to the board meeting where the board accepts the resignation, then the vacancy occurs on the date of the board meeting . The official would serve and be compensated up to that date.

b) If the resigning official gives an effective date that comes after the board meeting where the board accepts the resignation, then the vacancy occurs on the effective date in the resignation letter .

c) The board may appoint someone to fill the vacancy up to 30 days prior to the effective date of resignation. The new official may take the oath prior to taking office, but is not “clothed” with the authority of the office until the resignation takes effect.

 2. The clock starts ticking the day after the vacancy occurs (the day after the resignation takes effect). The township board has 45 days to appoint a person to fill the vacancy.

(MCL 168.370(4))

 3. The official's deputy DOES NOT continue as deputy. (MCLs 41.69, 41.77(5), and 41.61)

 4. The only statutory requirement for holding township board elective office is that a candidate must be a qualified elector of the township and registered to vote . To be a qualified elector, a person must be 18 years of age, a U.S. citizen, and have lived in the township at least 30 days (property ownership is NOT required). (MCLs 168.11 and 168.342)

 5. The person appointed to fill the vacancy must take the oath of office (should be taken within the 45 days to fill vacancy to qualify for office). (MCL 168.363)

 6. A new clerk or treasurer must appoint a deputy. The supervisor may appoint a deputy. The deputies must also take the oath. (MCLs 41.69, 41.77(5), and 41.61)

 7. The salary of the office continues. A person appointed to elective office during the term of office receives the currently established salary for that office. (MCL 41.95) This may require prorating the salary between the former and new officials according to payroll period.

 8. If the vacancy occurs more than 182 days from the next general November election, a person appointed to fill that vacancy must run in the primary and general election to retain that office. The person elected serves for the remainder of the term. (MCL 168.370a)

If the vacancy occurs 182 days or less before the next general November election, a person appointed to fill that vacancy is appointed for the remainder of the term. (MCL 168.370a)

( All township board members' terms run four years, concurrent with the Presidential term. )

 9. If the township board does not appoint to fill the vacancy within 45 days, the county clerk must notify the Governor's Office. The governor must schedule an election at the township's expense (including primary and election) to fill the vacancy. The person elected serves for the remainder of the term (MCL 168.370(4))

When a vacancy occurs on the township board due to the recall of a board member:

 1. The office is declared vacant upon certification of the recall election by the Board of Canvassers. (MCL 168.970)

 
2. The official's deputy (clerk or treasurer, optional for supervisor) continues as deputy until a new official is elected or a temporary official is appointed. The deputy does not vote, and a deputy supervisor does not moderate a meeting.

(MCLs 41.61 and 41.72a(3) (supervisor); 41.69 (clerk); 41.77(5) (treasurer); and 168.970)

 3. The township board may appoint a temporary official to serve until a new official is elected. If there is no longer a quorum of the board, the county election commission appoints enough temporary board members to provide a quorum. (MCL 168.370)

 4. The county election scheduling committee must schedule a special election to fill the vacancy. (MCL 168.971)

 5. Township/county political parties select nominees ; independent or write-in candidates can also qualify. (MCLs168.972 and 168.973)

 6. The only statutory requirement for holding township board elective office is that a candidate must be a qualified elector of the township and registered to vote . To be a qualified elector, a person must be 18 years of age, a U.S. citizen, and have lived in the township at least 30 days (property ownership is NOT required). (MCLs 168.11 and 168.342)

7. Special election is held. The successful candidate takes office when the election is certified and he or she takes the oath . (MCL 168.970)

8. The person appointed to fill the vacancy must take the oath of office to qualify for office). (MCL 168.363)

5. A new clerk or treasurer must appoint a deputy. The supervisor may appoint a deputy. The deputies must also take the oath. (MCLs 41.69, 41.77(5), and 41.61)

 6. The salary of the office continues. A person appointed to elective office during the term of office receives the currently established salary for that office. (MCL 41.95)

7. It does not matter when in the term a vacancy due to recall occurs. The person elected to fill the vacancy serves out the remainder of the term . (MCL 168.975)

When a vacancy occurs on the township board due to the death of a board member:

1. The clock starts ticking the day after the vacancy occurs (the day after the board member dies). The township board has 45 days to appoint a person to fill the vacancy. (MCL 168.370(4))

 2. The official's deputy (clerk or treasurer, optional for supervisor) continues as deputy until the new official is appointed. The deputy does not vote, and a deputy supervisor does not moderate a meeting. (MCLs 41.61 and 41.72a(3) (supervisor); 41.69 (clerk); and 41.77(5) (treasurer))

 3. The only statutory requirement for holding township board elective office is that a candidate must be a qualified elector of the township and registered to vote . To be a qualified elector, a person must be 18 years of age, a U.S. citizen, and have lived in the township at least 30 days (property ownership is NOT required). (MCLs 168.11 and 168.342)

 4. The person appointed to fill the vacancy must take the oath of office (should be taken within the 45 days to fill vacancy to qualify for office). (MCL 168.363)

 5. A new clerk or treasurer must appoint a deputy. The supervisor may appoint a deputy. The deputies are also required to take the oath. (MCLs 41.69, 41.77(5), and 41.61)

 6. The salary of the office continues. A person appointed to elective office during the term of office receives the currently established salary for that office. (MCL 41.95) This may require prorating the salary between the former and new officials according to payroll period.

 7. If the vacancy occurs more than 182 days from the next general November election, a person appointed to fill that vacancy must run in the next primary and general election to retain that office. The person elected serves for the remainder of the term. (MCL 168.370a)

If the vacancy occurs 182 days or less before the next general November election, a person appointed to fill that vacancy is appointed for the remainder of the term. (MCL 168.370a)

( All township board members' terms run four years, concurrent with the Presidential term of office. )

 8. If the township board does not appoint to fill the vacancy within 45 days, the county clerk must notify the Governor's Office. The governor must schedule an election at the township's expense (including primary and election) to fill the vacancy. The person elected serves for the remainder of the term (MCL 168.370(4))

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