Mich. Comp. Laws » Michigan Compiled Laws / Chapter 168 / Act 116 of 1954

Mich. Comp. Laws § 168.209

County office; vacancy; manner of filling.

Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

MICHIGAN ELECTION LAW


Act 116 of 1954


168.209 County office; vacancy; manner of filling.

Sec. 209.

    If a vacancy occurs in an elective or appointive county office, it shall be filled in the following manner:

    (1) If the vacancy is in the office of county clerk or prosecuting attorney, it shall be filled by appointment by the judge or judges of that judicial circuit.

    (2) If the vacancy is in any other county office, the presiding or senior judge of probate, the county clerk, and the prosecuting attorney shall appoint a suitable person to fill the vacancy.

    (3) A person appointed shall take and subscribe to the oath as provided in section 1 of article XI of the state constitution of 1963, give bond in the manner required by law, and hold office for the remainder of the unexpired term and until a successor is elected and qualified. However, if the vacancy occurs more than 7 days before the nominating petition filing deadline as provided in section 193 for the general November election that is not the general November election at which a successor in office would be elected if there were no vacancy, the person appointed shall hold office only until a successor is elected at the next general November election in the manner provided by law and qualifies for office. The successor shall hold the office for the remainder of the unexpired term.

History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 1963, 2nd Ex. Sess., Act 35, Eff. Mar. 24, 1964 ;-- Am. 1968, Act 156, Imd. Eff. June 17, 1968 ;-- Am. 1990, Act 7, Imd. Eff. Feb. 12, 1990 ;-- Am. 2014, Act 94, Imd. Eff. Apr. 3, 2014

PopularName Notes:

Election Code
Notes of Decisions
Cited in 5 cases, 1983–2015 · leading case: Ficano v. Lucas
Sort: Relevance Newest Treatment
Ficano v. Lucas (1983) michctapp · cites it 21× “On December 22, 1982, pursuant to 1923 PA 199 , MCL 168.209; MSA 6.1209, the county clerk, the county prosecutor and the chief judge of Wayne County Probate Court appointed plaintiff Robert Ficano to fill the vacancy which would exist in the county sheriff’s office as of January…”
Menominee County Taxpayers Alliance, Inc v. Menominee County Clerk (1984) michctapp · cites it 8× “Pursuant to MCL 168.209; MSA 6.1209, defendants, the Menominee County clerk, prosecutor, and probate judge, came together to appoint a suitable person to replace the former Menominee County treasurer.”
Herald Co. v. City of Bay City (2000) mich · cites it 2× “The city commission retains the exclusive right to reject recommended candidates until the one it finds satisfactory is presented by the city manager.”
Herald Co. v. City of Bay City (1998) michctapp · cites it 4× “Pursuant to MCL 168.209; MSA 6.1209, as in effect at the time, the county clerk, the prosecutor, and the probate judge “came together to appoint a suitable person to replace the former Menominee County treasurer.”
Kenneth J Speicher v. Columbia Township Board of Trustees (2015) michctapp “Defendants met on a single occasion to discuss the qualifications required for the Menominee County Treasurer.”
— Mich. Comp. Laws § 168.209(2) — 3 cases
Herald Co. v. City of Bay City (2000) mich “The city commission retains the exclusive right to reject recommended candidates until the one it finds satisfactory is presented by the city manager.”
Menominee County Taxpayers Alliance, Inc v. Menominee County Clerk (1984) michctapp “Pursuant to MCL 168.209; MSA 6.1209, defendants, the Menominee County clerk, prosecutor, and probate judge, came together to appoint a suitable person to replace the former Menominee County treasurer.”
Herald Co. v. City of Bay City (1998) michctapp “Pursuant to MCL 168.209; MSA 6.1209, as in effect at the time, the county clerk, the prosecutor, and the probate judge “came together to appoint a suitable person to replace the former Menominee County treasurer.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.