Section 397.181 - Election of board members of district library; provisions applicable where school district is participating municipality; amendment of agreement.
THE DISTRICT LIBRARY ESTABLISHMENT ACT (EXCERPT)
Act 24 of 1989
397.181 Election of board members of district library; provisions applicable where school district is participating municipality; amendment of agreement.
Sec. 11.
(1) Except as otherwise provided under subsections (2) and (3), all of the following apply to an election of board members of a district library:
(a) If an agreement prescribes elected board members, the board shall consist of 7 members elected at large from the district.
(b) If an agreement prescribes elected board members, a provisional board of 7 members shall be appointed. The members of the provisional board shall hold office until their successors are elected and qualified.
(c) The first election of board members shall take place at the first general election held 140 days or more after the appointment of the first member of the provisional board. The 4 persons receiving the most votes at the first election for board members shall have 4-year terms, and the 3 remaining persons elected to the board shall have 2-year terms. After the first election, board members shall be elected at general elections for 4-year terms that begin on January 1 following the election.
(d) Board members shall be elected on nonpartisan ballots.
(e) Subject to subdivision (f), a nomination for the office of board member shall be by nonpartisan petitions signed by registered electors of the district. The number of signatures shall be as follows:
(i) For a district with a population of less than 10,000, not less than 6 or more than 20.
(ii) For a district with a population of 10,000 or more, not less than 40 or more than 100.
(f) In lieu of the nominating petition prescribed in this subsection, an individual may file a $100.00 nonrefundable fee to have his or her name placed on the ballot.
(g) A nominating petition or filing fee shall be filed with the clerk of the largest county not later than 4 p.m. of the day 110 days before the date of the election. The county clerk with whom nominating petitions or filing fees are filed shall certify the names of the candidates to the clerk of every other county in which all or part of a participating municipality is located.
(h) A vacancy in the office of a board member shall be filled until the expiration of the vacating board member's term by appointment by majority vote of the remaining board members. If the vacancy occurs 140 or more days before the first regularly scheduled election of board members that follows the beginning of the term of the board member vacating office and that term is 4 years, all of the following apply:
(i) The vacancy shall be filled by appointment by majority vote of the remaining board members only until the next date on which the term of any board member expires.
(ii) A board member shall be elected at the regularly scheduled election of board members next following the occurrence of the vacancy to fill the vacancy for the remainder of the term of the board member vacating office.
(2) If a school district is a participating municipality, the following apply to an election of board members for a district library:
(a) The first election of board members shall take place at the same time as the first regularly scheduled election of school board members in the largest participating school district occurring on or after the thirteenth Monday following the appointment of the first member of the provisional board. The term of office of an elected member of the board shall begin at the same time as the term of a school board member elected at the same election in the largest participating school district.
(b) Subject to subdivision (c), a nomination for the office of board member shall be by a petition meeting to the extent applicable the same requirements, including filing requirements, as a nominating petition for the office of school board member in the largest participating school district. The petition shall be filed not later than 4 p.m. of the twelfth Tuesday preceding the election. The number of signatures shall be as follows:
(i) For a district with a population of less than 10,000, not less than 6 or more than 20.
(ii) For a district with a population of 10,000 or more, not less than 40 or more than 100.
(c) In lieu of the nominating petition prescribed under subdivision (b), an individual may file a $100.00 nonrefundable fee to have his or her name placed on the ballot. A nominating petition or filing fee shall be filed with the school district election coordinator for the largest participating school district. The school district election coordinator shall certify the names of the candidates and the date of the election to the school district election coordinator of every other participating school district and to the election officials authorized by this act to conduct the election in each participating municipality all or a portion of which is located within a nonparticipating school district.
(3) The agreement may be amended to coordinate the terms and election of board members with the terms and election of other school or municipal officials.
History: 1989, Act 24, Imd. Eff. May 22, 1989 ;-- Am. 2002, Act 159, Eff. Jan. 1, 2003 ;-- Am. 2005, Act 60, Imd. Eff. July 7, 2005
Popular Name: District Libraries Act