Article II, Michigan Constitution
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Article II of the Michigan Constitution is entitled Elections and consists of ten sections
Section 1
| Text of Section 1:
Qualifications of Electors; Residence Every citizen of the United States who has attained the age of 21 years, who has resided in this state six months, and who meets the requirements of local residence provided by law, shall be an elector and qualified to vote in any election except as otherwise provided in this constitution. The legislature shall define residence for voting purposes. |
History: Const. 1963, Art. II, §1, Eff. Jan. 1, 1964. Compiler’s note: U.S. Const., Amendment XXVI, §1, provides: “The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.” Former Constitution: See Const. 1908, Art. III, §§1-3.
Section 2
| Text of Section 2:
Mental Incompetence; Imprisonment The legislature may by law exclude persons from voting because of mental incompetence or commitment to a jail or penal institution. |
History: Const. 1963, Art. II, §2, Eff. Jan. 1, 1964.
Section 3
| Text of Section 3:
Presidential Electors; Residence For purposes of voting in the election for president and vice-president of the United States only, the legislature may by law establish lesser residence requirements for citizens who have resided in this state for less than six months and may waive residence requirements for former citizens of this state who have removed herefrom. The legislature shall not permit voting by any person who meets the voting residence requirements of the state to which he has removed. |
History: Const. 1963, Art. II, §3, Eff. Jan. 1, 1964.
Section 4
| Text of Section 4:
Place and Manner of Elections The legislature shall enact laws to regulate the time, place and manner of all nominations and elections, except as otherwise provided in this constitution or in the constitution and laws of the United States. The legislature shall enact laws to preserve the purity of elections, to preserve the secrecy of the ballot, to guard against abuses of the elective franchise, and to provide for a system of voter registration and absentee voting. No law shall be enacted which permits a candidate in any partisan primary or partisan election to have a ballot designation except when required for identification of candidates for the same office who have the same or similar surnames. |
History: Const. 1963, Art. II, §4, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. III, §§1, 8.
Section 5
| Text of Section 5:
Time of Elections Except for special elections to fill vacancies, or as otherwise provided in this constitution, all elections for national, state, county and township offices shall be held on the first Tuesday after the first Monday in November in each even-numbered year or on such other date as members of the congress of the United States are regularly elected. |
History: Const. 1963, Art. II, §5, Eff. Jan. 1, 1964.
Section 6
| Text of Section 6:
Voters on Tax Limit Increases or Bond Issues Whenever any question is required to be submitted by a political subdivision to the electors for the increase of the ad valorem tax rate limitation imposed by Section 6 of Article IX for a period of more than five years, or for the issue of bonds, only electors in, and who have property assessed for any ad valorem taxes in, any part of the district or territory to be affected by the result of such election or electors who are the lawful husbands or wives of such persons shall be entitled to vote thereon. All electors in the district or territory affected may vote on all other questions. |
History: Const. 1963, Art. II, §6, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. III, §4.
Section 7
| Text of Section 7:
Boards of Canvassers A board of state canvassers of four members shall be established by law. No candidate for an office to be canvassed nor any inspector of elections shall be eligible to serve as a member of a board of canvassers. A majority of any board of canvassers shall not be composed of members of the same political party. |
History: Const. 1963, Art. II, §7, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. III, §9. Transfer of powers: See §16.128.
Section 8
| Text of Section 8:
Recalls Laws shall be enacted to provide for the recall of all elective officers except judges of courts of record upon petition of electors equal in number to 25 percent of the number of persons voting in the last preceding election for the office of governor in the electoral district of the officer sought to be recalled. The sufficiency of any statement of reasons or grounds procedurally required shall be a political rather than a judicial question. |
History: Const. 1963, Art. II, §8, Eff. Jan. 1, 1964. Former Constitution: See Const. 1908, Art. III, §8.
Section 9
History: Const. 1963, Art. II, §9, Eff. Jan. 1, 1964. Constitutionality: A law proposed by initiative petition which is enacted by the Legislature without change or amendment within forty days of its reception takes effect ninety days after the end of the session in which it was enacted unless two-thirds of the members of each house of the Legislature vote to give it immediate effect. Frey v. Department of Management and Budget, 429 Mich. 315, 414 N.W.2d 873 (1987). Former Constitution: See Const. 1908, Art. V, §1.
Section 10
| Text of Section 10:
Limitations on Terms of Office of Members of the United States House of Representatives and United States Senate from Michigan No person shall be elected to office as representative in the United States House of Representatives more than three times during any twelve year period. No person shall be elected to office as senator in the United States Senate more than two times during any twenty-four year period. Any person appointed or elected to fill a vacancy in the United States House of Representatives or the United States Senate for a period greater than one half of a term of such office, shall be considered to have been elected to serve one time in that office for purposes of this section. This limitation on the number of times a person shall be elected to office shall apply to terms of office beginning on or after January 1, 1993. The people of Michigan hereby state their support for the aforementioned term limits for members of the United States House of Representatives and United States Senate and instruct their public officials to use their best efforts to attain such a limit nationwide. The people of Michigan declare that the provisions of this section shall be deemed severable from the remainder of this amendment and that their intention is that federal officials elected from Michigan will continue voluntarily to observe the wishes of the people as stated in this section, in the event any provision of this section is held invalid. This section shall be self-executing. Legislation may be enacted to facilitate operation of this section, but no law shall limit or restrict the application of this section. If any part of this section is held to be invalid or unconstitutional, the remaining parts of this section shall not be affected but will remain in full force and effect. |
History: Add. Init. approved Nov. 3, 1992, Eff. Dec. 19, 1992.
External links
- Michigan Constitution(see page 16)
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