Michigan Compiled Laws
Mich. Comp. Laws § 15.182 (2026)
Holding incompatible offices.
✓ current as of July 2026
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INCOMPATIBLE PUBLIC OFFICES
Act 566 of 1978
15.182 Holding incompatible offices.
Sec. 2.
(1) Except as provided in section 3, a public officer or public employee shall not hold 2 or more incompatible offices at the same time.
History: 1978, Act 566, Imd. Eff. Dec. 29, 1978
Notes of Decisions
Cited in 13
cases, 1987–2018 · leading case: MacOmb Cnty. Prosecutor v. Murphy, 627 N.W.2d 247 (Mich. 2001).
MacOmb Cnty. Prosecutor v. Murphy, 627 N.W.2d 247 (Mich. 2001). “The Incompatible Offices Act The incompatible offices act [3] , at MCL § 15.182; MSA 15.1120(122), contains the general prohibition against holding incompatible offices.”
John Gleason v. William Scott Kincaid, 917 N.W.2d 685 (Mich. Ct. App. 2018). “INCOMPATIBLE OFFICES Section 2 of Michigan's incompatible public offices act, MCL 15.182, generally *692 prohibits a public officer or employee from holding incompatible public offices.”
Charles Vayda v. Cnty. of Lake, 909 N.W.2d 874 (Mich. Ct. App. 2017). “30a of the CBCA and MCL 15.182 and MCL 15.183 of the IPOA, plaintiff "[could not] hold both positions simultaneously.”
Hughes v. Region VII Area Agency on Aging, 744 N.W.2d 10 (Mich. Ct. App. 2008). “” MCL 15.182; see also 15.181(b). The IPOA is not, however, the basis on which Hughes claims standing to bring this suit.”
Okrie v. State, 857 N.W.2d 254 (Mich. Ct. App. 2014). “Plaintiff also cites MCL 15.182, the statute providing that a public officer or employee “shall not hold 2 or more incompatible offices at the same time.”
Contesti v. Attorney Gen., 416 N.W.2d 410 (Mich. Ct. App. 1987). “"Incompatible Offices” are defined in the act: "Incompatible offices” means public offices held by a public official which, when the official is performing the duties of any of the public offices held by the official, results in any of the following with respect to those offices…”
MacOmb Cnty. Prosecutor v. Murphy, 592 N.W.2d 745 (Mich. Ct. App. 1999). “[MCL 15.182; MSA 15.1120(122).] The act defines “incompatible offices” as follows: “Incompatible offices” means public offices held by a public official which, when the official is performing the duties of any of the public offices held by the official, *380 results in any of…”
Wayne Cnty. Prosecutor v. Kinney, 458 N.W.2d 674 (Mich. Ct. App. 1990). “MCL 15.182; MSA 15.1120(122). As used in the act, the term "public officer” includes persons elected to a city council.”
Detroit Area Agency on Aging v. Off. of Servs. to the Aging, 534 N.W.2d 229 (Mich. Ct. App. 1995). “Having granted defendants’ motions for a stay and immediate consideration, we now address the substance of the trial court’s order. Defendants first claim that the trial court erred in disqualifying the six commissioners from the commission on the basis of its conclusion that…”
Shimkus v. Hickner, 417 F. Supp. 2d 884 (E.D. Mich. 2006). “The state statute that forbids “a public officer or public employee” from holding “2 or more incompatible offices at the same time,” Mich. Comp. Laws § 15.182 , has a companion provision that states: The attorney general or a prosecuting attorney may apply to the circuit court…”
John Gleason v. William Scott Kincaid (Mich. Ct. App. 2018). “INCOMPATIBLE OFFICES Section 2 of Michigan’s incompatible public offices act, MCL 15.182, generally prohibits holding incompatible public offices.”
Charles Vayda v. Cnty. of Lake (Mich. Ct. App. 2017). “30a of the CBCA and MCL 15.182 and MCL 15.183 of the IPOA, plaintiff could “not hold both positions simultaneously.”
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