Mich. Comp. Laws » Michigan Compiled Laws / Chapter 46 / Act 261 of 1966
Michigan Compiled Laws

Mich. Comp. Laws § 46.412 (2026)

Vacancy in office of commissioner; appointment; term.

✓ current as of July 2026
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APPORTIONMENT OF COUNTY BOARDS OF COMMISSIONERS


Act 261 of 1966


46.412 Vacancy in office of commissioner; appointment; term.

Sec. 12.

    (1) If a vacancy occurs in the office of commissioner by death, resignation, removal from the district, or removal from office, the vacancy must be filled by appointment within 30 days by the county board of commissioners of a resident and registered voter of that district. Except as otherwise provided in subsection (2), the individual appointed to fill a vacancy shall serve for the remainder of the unexpired term.

    (2) If the vacancy occurs more than 7 days before the nominating petition deadline as provided in section 11 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 individual 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: 1966, Act 261, Eff. Mar. 10, 1967 ;-- Am. 1969, Act 137, Eff. Mar. 20, 1970 ;-- Am. 1972, Act 180, Imd. Eff. June 17, 1972 ;-- Am. 1978, Act 18, Imd. Eff. Feb. 15, 1978 ;-- Am. 1982, Act 504, Eff. Mar. 30, 1983 ;-- Am. 2013, Act 84, Imd. Eff. June 28, 2013 ;-- Am. 2021, Act 122, Eff. Mar. 30, 2022

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1976–2026 · leading case: Gallagher v. Keefe, 591 N.W.2d 297 (Mich. Ct. App. 1999).
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Gallagher v. Keefe, 591 N.W.2d 297 (Mich. Ct. App. 1999). · cites it 4× “MCL 46.412; MSA 5.359(12). Consequently, we find that the lower court did not clearly err in deciding that laches did not bar plaintiff from enforcing his claim against defendant.”
Wayne Cnty. Repub. Comm. v. Wayne Cnty. Bd. of Commissioners, 247 N.W.2d 571 (Mich. Ct. App. 1976). · cites it 6× “The defendants had been appointed by the board to vacancies on the board, apparently pursuant to MCLA 46.412; MSA 5.359(12). Defendant Korney was appointed in April 1975, defendant Presnell was appointed on January 22, 1976, and defendant Trellay was appointed on January 29,…”
Monroe Cnty. v. Mark Brant (Mich. Ct. App. 2026). “Nor did the trial court address or decide Brant’s contrary argument that, despite MCL 46.412’s provisions permitting the Board to fill certain vacancies “by appointment” and MCL 46.”
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.