Mich. Comp. Laws » Michigan Compiled Laws / Chapter 201 / R.S. of 1846
Michigan Compiled Laws

Mich. Comp. Laws § 201.3 (2026)

Vacancies; creation.

✓ current as of July 2026
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Revised Statutes of 1846


R.S. of 1846


201.3 Vacancies; creation.

Sec. 3.

    Every office shall become vacant, on the happening of any of the following events, before the expiration of the term of such office:

    1. The death of the incumbent;

    2. His resignation;

    3. His removal from office;

    4. His ceasing to be an inhabitant of this state; or, if the office be local, of the district, county, township, city, or village, for which he shall have been appointed, or within which the duties of his office are required to be discharged;

    5. His conviction of any infamous crime, or of any offense involving a violation of his oath of office;

    6. The decision of a competent tribunal, declaring void his appointment, or,

    7. His refusal or neglect to take his oath of office, or to give, or renew any official bond, or to deposit such oath, or bond, in the manner and within the time prescribed by law.

History: R.S. 1846, Ch. 15 ;-- Am. 1851, Act 172, Imd. Eff. June 27, 1851 ;-- CL 1857, 475 ;-- CL 1871, 617 ;-- How. 649 ;-- CL 1897, 1155 ;-- CL 1915, 241 ;-- CL 1929, 3350 ;-- CL 1948, 201.3 ;-- Am. 1954, Act 40, Eff. June 1, 1955

Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1960–2026 · leading case: In the Matter of Callanan, 355 N.W.2d 69 (Mich. 1984).
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In the Matter of Callanan, 355 N.W.2d 69 (Mich. 1984). “Statutes enacted prior to the adoption of art 6, § 30 provided for the automatic vacancy of public offices when the person holding the office was convicted of an infamous crime.”
Greyhound Corp. v. Pub. Serv. Comm'n, 104 N.W.2d 395 (Mich. 1960). · cites it 2× “Appellants rely on the provisions of CLS 1956, § 201.3 (Stat Ann 1956 Rev § 6.693), which reads as follows: "Every office shall become vacant, on the happening of any of the following events, before the expiration of the term of such office: "1.”
Gray v. Clerk of Common Pleas Court, 115 N.W.2d 411 (Mich. 1962). “3674), there was in ■effect CL 1948, § 201.3 (Stat Ann § 6.693), the pertinent provision of which reads as follows: “Every office shall become vacant, on the happening of any of- the following events, before the expiration of the term of such office: * * * “4.”
Christy v. Servitto, 699 F. Supp. 618 (E.D. Mich. 1988). · cites it 2× ““Use group” is defined in section 201.3 as the “classification of a building or structure based on the purpose for which it is used.”
Michigan Hosp. Ass'n v. Dep't of Soc. Servs., 738 F. Supp. 1080 (W.D. Mich. 1990). “§ 201.3(g). 4 . Plaintiff urges the Court to consider the fact that cases against the Secretary have been considered under the Boren Amendment.”
Davis v. Wheeler, 766 N.W.2d 808 (Mich. 2009). · cites it 4× “[3] Plaintiff relied on MCL 201.3(7), which provides in relevant part: Every office shall become vacant, on the happening of any of the following events, before the expiration of the term of such office: * * * 7.”
Michael Zoran v. Twp. of Cottrellville (Mich. Ct. App. 2015). · cites it 4× “57 (proving that a township office becomes vacant when an event listed in MCL 201.3 occurs). MCL 8.3 provides that “[i]n the construction of the statutes of this state, the rules stated in [MCL 8.”
20240125_C366906_39_366906.Opn.Pdf (Mich. Ct. App. 2024). · cites it 2× “Under MCL 201.3(7), failure to do so renders the office “vacant.”
Robert Davis v. Roy Roberts (Mich. 2012). · cites it 3× “Davis alleges that article ll, § l of the 1963 l\/iichigan Constitution required Roberts to take the oath of office before he commenced his duties as emergency managerl and that his failure to timely take the oath rendered the office vacant pursuant to MCL 201.3(7).2 Davis…”
Serkaian (W.D. Mich. 2026). “4 (“Where the fire code official determines that access for fire apparatus is unduly difficult, the fire code official shall have authority to require additional safeguards[, including] automatic fire-extinguishing systems.”
— Mich. Comp. Laws § 201.3(4) — 1 case
Michael Zoran v. Twp. of Cottrellville (Mich. Ct. App. 2015). “57 (proving that a township office becomes vacant when an event listed in MCL 201.3 occurs). MCL 8.3 provides that “[i]n the construction of the statutes of this state, the rules stated in [MCL 8.”
— Mich. Comp. Laws § 201.3(7) — 3 cases
Davis v. Wheeler, 766 N.W.2d 808 (Mich. 2009). “[3] Plaintiff relied on MCL 201.3(7), which provides in relevant part: Every office shall become vacant, on the happening of any of the following events, before the expiration of the term of such office: * * * 7.”
20240125_C366906_39_366906.Opn.Pdf (Mich. Ct. App. 2024). “Under MCL 201.3(7), failure to do so renders the office “vacant.”
Robert Davis v. Roy Roberts (Mich. 2012). “Davis alleges that article ll, § l of the 1963 l\/iichigan Constitution required Roberts to take the oath of office before he commenced his duties as emergency managerl and that his failure to timely take the oath rendered the office vacant pursuant to MCL 201.3(7).2 Davis…”
— Mich. Comp. Laws § 201.3(g) — 1 case
Michigan Hosp. Ass'n v. Dep't of Soc. Servs., 738 F. Supp. 1080 (W.D. Mich. 1990). “§ 201.3(g). 4 . Plaintiff urges the Court to consider the fact that cases against the Secretary have been considered under the Boren Amendment.”
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