Michigan local officials to begin terms only after all votes are certified, under newly approved laws

All votes will be certified before the terms of office begin for Michigan's local elected officials, under a package of bills signed Monday by Gov. Gretchen Whitmer.  

The bills follow up on the steps called for in Proposal 2 of 2022 regarding election procedures in the state. Through this effort, introduced as Senate Bill 240, Senate Bill 241, House Bill 4699 and House Bill 4698, there will be uniform start dates of office terms to ensure there is no overlap between normal election procedures and when the elected official will begin a new term.  

They were given immediate effect. 

"I'm proud to sign these bills that will protect ballots sent by mail from our service members and voters overseas. Every Michigan voter deserves the chance to make their voice heard in our elections," Whitmer said. 

Some municipalities had allowed terms of office to begin as early as the Friday or Monday following an election, the bill analysis explains. For example, state law called for township officer terms to begin on November 20. 

"But recent changes to Michigan election law require a six-day window after an election to allow the ballots of servicemembers and overseas voters to arrive and be counted (as long as they were postmarked by election day). Because of this, some local officials are now required to be sworn in before all the votes cast in the election can be counted," the bill analysis said. "The bills would prohibit terms of officers from beginning earlier than a specified date to allow enough time after election day for all the votes to be processed." 

In many cases, local elected officials' terms will begin on December 1. There are also rules that will apply to special elections involving vacant seats. In some cases, the state law will override existing city charters on these details. 

"Notwithstanding any ordinance or resolution to the contrary, an individual elected to fill a vacancy shall not take the oath of office until the results have been certified by the appropriate board of canvassers," Senate Bill 240 states.