HB 5717: Elections: election officials; township to contract with an accredited individual to perform election law duties in the absence of a township clerk; authorize. Amends sec. 373 of 1954 PA 116 (MCL 168.373). - Michigan

Substitute (H-1) - 2 → Substitute (H-2) - 2 · 3 edits

MINOR

The bill was revised to clarify the order of priority for appointing election officials when a township clerk is unavailable. The new text requires the township board to first attempt to appoint a qualified registered elector from within the township. If no such person is available, the board must then appoint an accredited election contractor from an adjacent township. A new provision explicitly prohibits the township board from appointing a county clerk to perform these duties.

Scope change

The scope of the appointment process was expanded to include a specific fallback option (adjacent township contractors) and a new prohibition on using county clerks.

ELIGIBILITY

The primary appointment preference was changed from an accredited contractor to a qualified registered elector of the township, with the accredited contractor becoming a secondary option only if no local elector is available.

REQUIREMENT

A new restriction was added that explicitly forbids township boards from appointing a county clerk to perform the functions of a township clerk under this section.

The reporting requirement was updated to specify that reports must summarize the functions and duties actually performed by the appointed individual.

Substitute (H-2) → Substitute (H-1) - 2 · 3 edits

MINOR

The bill was revised to shift the primary responsibility for filling vacant clerk positions from appointing a local registered voter to contracting with an accredited election professional. This change ensures that critical election functions are managed by experts rather than relying on temporary local appointments, though it now requires the township to first attempt to hire a qualified local resident before seeking an external contract.

Scope change

The scope of authority for the township board changed from appointing a local resident to entering into a contract with an accredited election professional, while retaining the option to hire a local resident if a contract is not feasible.

ELIGIBILITY

The requirement to appoint a 'qualified person' was changed to allow the township to contract with an 'individual who is accredited to conduct elections' in accordance with section 33.

REQUIREMENT

A new condition was added requiring the township to first attempt to appoint a qualified local resident before entering into a contract with an accredited election professional.

The reporting requirement was updated to reflect the new contracting model, requiring reports while the contract is in effect rather than while an individual is performing functions.

Substitute (H-1) → Substitute (H-2) · 4 edits

MODERATE

The bill was amended to clarify the process for appointing election officials when a township clerk is unavailable. The primary change shifts the preference for appointing a qualified registered elector from the township to the county clerk, who must then appoint an accredited individual from an adjacent township if the local elector cannot be found. This change aims to ensure election continuity by expanding the pool of eligible appointees beyond the township's own residents while maintaining strict residency requirements for the appointed official.

Scope change

The scope of eligible appointees was expanded from township residents to include accredited individuals from adjacent townships, contingent on the county clerk's appointment, while adding a specific prohibition against appointing a county clerk to perform township duties.

ELIGIBILITY

Changed the primary appointment preference from a 'qualified person who is a registered elector of the township' to a 'qualified individual who is a registered elector of the township' if one cannot be found.

Added a new requirement that if no local elector is available, the county clerk must appoint an accredited individual from an adjacent township to perform the duties.

REQUIREMENT

Inserted a new provision explicitly stating that a county clerk cannot be appointed to perform the functions of a township clerk under this section.

Updated the reporting requirement language to clarify that the appointed individual must report on the specific functions and duties they performed.

As Passed by the House → Substitute (H-1) · 3 edits

MINOR

The bill text was updated to reflect its new version as H-1, which typically indicates a substitute version approved by the House after the initial passage. The substantive content of the bill, specifically the amendment to Michigan election law regarding township clerk availability, remains unchanged. The primary differences are technical formatting adjustments and metadata updates to the document header and footer.

TECHNICAL

Updated the document title and metadata to reflect the bill is now a substitute version (H-1) rather than the original version passed by the House.

Adjusted the spacing and formatting of the legislative enactment line to align with the new substitute version style.

Updated the footer tracking numbers and page identifiers to correspond with the new version of the bill.

House Introduced Bill → As Passed by the House · 4 edits · May 21, 2026

MODERATE

The bill was amended to broaden the pool of eligible candidates who can be hired to perform election duties when local clerks are unavailable. It now includes 'any other election-accredited employee' and requires the hired individual to be a resident of Michigan, while also adding a condition that the replacement must be accredited to conduct elections before the original clerk resumes duties.

Scope change

The scope of eligible individuals to perform emergency election functions was expanded from just 'some qualified person' to include specific categories like election-accredited employees and state residents.

ELIGIBILITY

Added 'any other election-accredited employee of the township' to the list of individuals whose unavailability triggers the need to hire a replacement.

REQUIREMENT

Added a requirement that the contracted individual must be a resident of the state of Michigan.

Added a condition that the replacement must be accredited to conduct elections before the original clerk or deputy resumes their duties.

Changed the reference for accreditation from a general 'this act' to the specific 'section 33'.

Elections: election officials; township to contract with an accredited individual to perform election law duties in the absence of a township clerk; authorize. Amends sec. 373 of 1954 PA 116 (MCL 168.373).

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