Michigan Compiled Laws

Mich. Comp. Laws § 168.641 (2026)

Regular election date; primary election; special election; direction and supervision of election consolidation; short title of section.

✓ current as of July 2026

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MICHIGAN ELECTION LAW

Act 116 of 1954

168.641 Regular election date; primary election; special election; direction and supervision of election consolidation; short title of section.

Sec. 641.

(1) Except as otherwise provided in this section, an election held under this act shall be held on 1 of the following regular election dates:

(a) The May regular election date, which is the first Tuesday after the first Monday in May.

(b) The August regular election date, which is the first Tuesday after the first Monday in August.

(d) In each presidential election year when a statewide presidential primary election is held, the date of the statewide presidential primary election as provided in section 613a.

(2) If an elective office is listed by name in section 643, requiring the election for that office to be held at the general election, and if candidates for the office are nominated at a primary election, the primary election shall be held on the August regular election date.

(3) Except as otherwise provided in this subsection and subsection (4), a special election shall be held on a regular election date. A special election called by the governor under section 145, 178, 632, 633, or 634 to fill a vacancy or called by the legislature to submit a proposed constitutional amendment as authorized in section 1 of article XII of the state constitution of 1963 may, but is not required to be, held on a regular election date.

(4) A school district may call a special election to submit a ballot question to borrow money, increase a millage, or establish a bond if an initiative petition is filed with the county clerk. The petition shall be signed by a number of qualified and registered electors of the district equal to not less than 10% of the electors voting in the last gubernatorial election in that district or 3,000 signatures, whichever number is lesser. Section 488 applies to a petition to call a special election for a school district under this section. In addition to the requirements set forth in section 488, the proposed date of the special election shall appear beneath the petition heading, and the petition shall clearly state the amount of the millage increase or the amount of the loan or bond sought and the purpose for the millage increase or the purpose for the loan or bond. The petition shall be filed with the county clerk by 4 p.m. of the twelfth Tuesday before the proposed date of the special election. The petition signatures shall be obtained within 60 days before the filing of the petition. Any signatures obtained more than 60 days before the filing of the petition are not valid. If the special election called by the school district is not scheduled to be held on a regular election date as provided in subsection (1), the special election shall be held on a Tuesday. A special election called by a school district under this subsection shall not be held within 30 days before or 35 days after a regular election date as provided in subsection (1). A school district may only call 1 special election pursuant to this subsection in each calendar year.

(5) The secretary of state shall direct and supervise the consolidation of all elections held under this act.

(6) This section shall be known and may be cited as the "Hammerstrom election consolidation law".

History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 2003, Act 298, Eff. Jan. 1, 2005 ;-- Am. 2005, Act 71, Imd. Eff. July 14, 2005 ;-- Am. 2015, Act 2, Eff. May 21, 2015 ;-- Am. 2015, Act 101, Eff. Sept. 28, 2015 ;-- Am. 2015, Act 197, Imd. Eff. Nov. 24, 2015

Compiler's Notes:

Enacting section 4 of Act 71 of 2005 provides:

"Enacting section 4. If any portion of this amendatory act or the application of this amendatory act to any person or circumstances is found invalid by a court, the invalidity shall not affect the remaining portions or applications of this amendatory act that can be given effect without the invalid portion or application, if the remaining portions are not determined by the court to be inoperable, and to this end this amendatory act is declared to be severable."

See Green Party of Michigan, et al v Terri Lynn Land, case no. 08-10149, March 26, 2008.

PopularName Notes:

Election Code

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1969–2023 · leading case: Kuhn v. Dep't of Treasury, 166 N.W.2d 697 (Mich. Ct. App. 1969).

Sort: Relevance Newest Treatment

Kuhn v. Dep't of Treasury, 166 N.W.2d 697 (Mich. Ct. App. 1969). · cites it 2× “212 [19]); MCLA, § 168.641 (Stat Ann 1956 Rev § 6.1641) •; Const 1963, art 2, § 5.”

Attorney Gen. v. Clarke, 803 N.W.2d 130 (Mich. 2011). · cites it 2× “2(h), and sets the 2 November regular election date as “the first Tuesday after the first Monday in November,” MCL 168.641(1)(d). Accordingly, in this case, the “first general election held after the vacancy occurs” falls on Tuesday, November 6, 2012.”

Gina Kozlowski v. Charter Twp. of Waterford (Mich. Ct. App. 2019). · cites it 5× “2(e), in addition to the mandatory election dates under MCL 168.641, the Township had the authority to submit the SAD ballot proposal to the voters on the primary election date.”

Promote the Vote v. Sec'y of State (Mich. Ct. App. 2020). “497, in the 14-day period would not be able to register to vote on or before the 15th day before the election.”

20231214_C368615_67_368615.Opn.Pdf (Mich. Ct. App. 2023). “689, a statute found in Chapter XXVIII of the Michigan Election Law, MCL 168.641 et seq., concerning the ballot preparation process by county election commissions.”

— Mich. Comp. Laws § 168.641(1) — 1 case

Gina Kozlowski v. Charter Twp. of Waterford (Mich. Ct. App. 2019). “2(e), in addition to the mandatory election dates under MCL 168.641, the Township had the authority to submit the SAD ballot proposal to the voters on the primary election date.”

— Mich. Comp. Laws § 168.641(1)(d) — 1 case

Attorney Gen. v. Clarke, 803 N.W.2d 130 (Mich. 2011). “2(h), and sets the 2 November regular election date as “the first Tuesday after the first Monday in November,” MCL 168.641(1)(d). Accordingly, in this case, the “first general election held after the vacancy occurs” falls on Tuesday, November 6, 2012.”

— Mich. Comp. Laws § 168.641(3) — 1 case

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