APPORTIONMENT OF COUNTY BOARDS OF COMMISSIONERS
Act 261 of 1966
46.403 County apportionment commission; membership; convening apportionment commission; adopting rules of procedure; quorum; action by majority vote; conducting business at public meeting; notice of meeting; availability of certain writings to public.
Sec. 3.
(1) Except as otherwise provided in this subsection, the county apportionment commission shall consist of the county clerk, the county treasurer, the prosecuting attorney, and the statutory county chairperson of each of the 2 political parties receiving the greatest number of votes cast for the office of secretary of state in the last preceding general election. If a county does not have a statutory chairperson of a political party, the 2 additional members shall be a party representative from each of the 2 political parties receiving the greatest number of votes cast for the office of secretary of state in the last preceding general election and appointed by the chairperson of the state central committee for each of the political parties. In a county with a population of 1,000,000 or more that has adopted an optional unified form of county government under 1973 PA 139, MCL 45.551 to 45.573, with an elected county executive, the county apportionment commission shall be the county board of commissioners. The clerk shall convene the apportionment commission and they shall adopt their rules of procedure. A majority of the members of the apportionment commission shall be a quorum sufficient to conduct its business. All action of the apportionment commission shall be by majority vote of the commission.
(2) The business which the apportionment commission may perform shall be conducted at a public meeting held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of the meeting shall be given in the manner required by the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(3) A writing prepared, owned, used, in the possession of, or retained by the commission in the performance of an official function shall be made available to the public in compliance with the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
History: 1966, Act 261, Eff. Mar. 10, 1967 ;-- Am. 1977, Act 185, Imd. Eff. Nov. 17, 1977 ;-- Am. 2011, Act 280, Eff. Mar. 28, 2012
Notes of Decisions
Apportionment of Wayne Cnty. Bd. of Commissioners—1982, 321 N.W.2d 615 (Mich. 1982).
· cites it 4× “[7] MCL 46.403; MSA 5.359(3). [8] "In apportioning the county into commissioner districts, the county apportionment commission shall be governed by the following guidelines in the stated order of importance: "(a) All districts shall be single-member districts and as nearly of…”
Nixon v. Kent Cnty., Mich., 790 F. Supp. 738 (W.D. Mich. 1992).
· cites it 2× “See Mich.Comp.Laws Ann. § 46.403. Following publication of the 1990 census, the Kent County Apportionment Commission met and approved an apportionment plan which caused this lawsuit to be filed.”
Kizer v Livingston Cnty. Bd. of Commissioners, 195 N.W.2d 884 (Mich. Ct. App. 1972).
“2 The apportionment commission in each county consists of the county clerk, county treasurer, prosecuting attorney, and county chairmen of the two political parties receiving the greatest number of votes east in the most recent secretary of state election.”
Nixon v. Kent Cnty., 76 F.3d 1381 (6th Cir. 1996).
“See Mich. Comp. Laws Ann. § 46.403 (1979). . 42 U.”
Tuscola Cnty. Bd. of Commissioners v. Tuscola Cnty. Apportionment Comm'n, 686 N.W.2d 495 (Mich. Ct. App. 2004).
“See MCL 46.403, 46.404, 46.405, 46.407. If the Legislature intended to grant the boards of commissioners in counties with populations under 75,000 a perpetual right to apportion their counties every ten years, regardless of their population growth subsequent to March 10,1967,…”
Apportionment of Cass Cnty. Bd. of Commissioners-1972, 197 N.W.2d 892 (Mich. Ct. App. 1972).
· cites it 2× “1 The petition for review filed by the registered voter maintains that no plan was actually adopted by the Cass County Apportionment Commission since no formal vote at a meeting open to the public was held on said plan as required by MCLA 46.403; MSA 5.359(3). Our review of the…”
Houston v. Governor, 295 Mich. App. 588 (Mich. Ct. App. 2012).
· cites it 6× “402, and MCL 46.403. The Legislature amended MCL 46.”
In Re Apportionment - Cass Cnty. - 2021 (Mich. Ct. App. 2022).
“” MCL 46.403(1). In this case, the Commission’s members were: the County Clerk, Monica McMichael; the County Treasurer, Hope Anderson; the County Prosecutor, Victor Fitz; the Chairperson of the Cass County Republican Party, Mark Howie; and the Chairperson of the Cass -1- County…”
Tuscola Cty. Bd. of Comm'rs v. Tuscola Cty. Apportionment Comm., 686 N.W.2d 495 (Mich. Ct. App. 2004).
“See MCL 46.403, 46.404, 46.405, 46.407. If the Legislature intended to grant the boards of commissioners in counties with populations under 75,000 a perpetual right to apportion their counties every ten years, regardless of their population growth subsequent to March 10, 1967,…”
— Mich. Comp. Laws § 46.403(1) — 3 cases
Apportionment of Wayne Cnty. Bd. of Commissioners—1982, 321 N.W.2d 615 (Mich. 1982).
“[7] MCL 46.403; MSA 5.359(3). [8] "In apportioning the county into commissioner districts, the county apportionment commission shall be governed by the following guidelines in the stated order of importance: "(a) All districts shall be single-member districts and as nearly of…”
Houston v. Governor, 295 Mich. App. 588 (Mich. Ct. App. 2012).
“402, and MCL 46.403. The Legislature amended MCL 46.”
In Re Apportionment - Cass Cnty. - 2021 (Mich. Ct. App. 2022).
“” MCL 46.403(1). In this case, the Commission’s members were: the County Clerk, Monica McMichael; the County Treasurer, Hope Anderson; the County Prosecutor, Victor Fitz; the Chairperson of the Cass County Republican Party, Mark Howie; and the Chairperson of the Cass -1- County…”
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