How To Run For County Commissioner
Article Four, Section six of the Michigan Constitution, every bit amended by Proposal 2018-2, creates the Independent Citizens Redistricting Commission ("the Committee"). Section (six)(1) defines the eligibility requirements for Michigan citizens to serve on the Commission. The Section of State has received questions about the eligibility requirements in Section (vi)(ane). In response, the Department produced this guide to help Michigan citizens understand whether they are eligible to serve on the Commission. It includes the constitutional language for each category of individuals who are ineligible, forth with explanations of the ramble language based upon common agreement of the terms and how those terms are used in other parts of Michigan law. If you have a question about eligibility that is not answered or clarified below, please email your question to Redistricting@Michigan.gov for farther explanation.
Michigan Constitution Article 4, Section 6(i) in part reads as follows:
(1) … Each commissioner shall:
(a) Be registered and eligible to vote in the Country of Michigan;
(b) Not currently be or in the past 6 years accept been any of the post-obit:
(i) A alleged candidate for partisan federal, country, or local office;
(2) An elected official to partisan federal, land, or local role;
(three) An officer or member of the governing body of a national, state, or local party;
(iv) A paid consultant or employee of a federal, country, or local elected official or political candidate, of a federal, state, or local political candidate'south campaign, or of a political activity commission;
(v) An employee of the legislature;
(six) Whatever person who is registered as a lobbyist agent with the Michigan agency of elections, or any employee of such person; or
(vii) An unclassified state employee who is exempt from classification in state ceremonious service pursuant to article XI, section 5, except for employees of courts of record, employees of the state institutions of higher education, and persons in the armed services of the state;
(c) Not be a parent, stepparent, child, stepchild, or spouse of any private disqualified under office (1)(b) of this section; or
(d) Not exist otherwise disqualified for appointed or elected office by this constitution.
Subsection I
What the Constitution says:
"Each Commissioner shall: … not currently be or in the past 6 years have been … a declared candidate for partisan federal, state, or local part." MI Const Art 4 §6(i)(b)(i).
Guidance:
A "declared candidate for partisan federal, state, or local office" is whatever individual who does one of the following:
(a) files a fee, an affidavit of incumbency, or a nominating petition for an constituent function;
(b) is nominated as a candidate for constituent office by a party caucus or convention and whose nomination is certified to the appropriate filing official;
(c) receives a contribution, makes an expenditure, or gives consent for another person to receive a contribution or make an expenditure with a view to bringing nearly the individual's nomination or ballot to an elective part, whether or not the specific elective role for which the individual will seek nomination or ballot is known at the time the contribution is received or the expenditure is made;
(d) is an officeholder who is the subject field of a recall vote;
(e) holds an elective office, unless the officeholder is constitutionally or legally barred from seeking reelection or fails to file for reelection to that function by the applicable filing deadline.
Explanation:
Michigan's Constitution does not explicitly ascertain "alleged candidate for a partisan elected office at the federal, state, or local level." However, like terminology is defined in the Michigan Campaign Finance Act. The definitions in the Act do not command what the Constitution ways, merely they are helpful in understanding this terminology.
The Michigan Campaign Finance Act'south definition of "candidate" in MCL 169.203(1) requires a candidate accept an affirmative pace in order to exist recognized equally a "candidate" for legal purposes (east.g. filing a fee, obtaining a party'due south nomination, receiving a contribution, etc.). These tangible steps amount to a declaration of the person'south intention to get a candidate.
Oftentimes Asked Questions:
Is a current or old candidate for school board eligible to serve on the Commission?
Yes. Considering the office of school lath is not-partisan, electric current or former candidates for school board are eligible to serve on the Commission. Other nonpartisan offices include Supreme Court Justices, Judges of the Court of Appeals, Circuit Court, Probate Court, Probate District Court, District Court, or Municipal Court; local and intermediate school commune Board Members; community college Board of Trustees; library trustees; and other elected officials in cities that elect officers on a nonpartisan footing.
Is a current or former candidate for mayor or city council member eligible to serve on the Commission?
Yes. A current or former candidate for mayor or metropolis quango in a city that elects officials on a non-partisan basis is eligible to serve on the Committee.
Is a former candidate for gauge eligible to serve on the Commission?
Yeah. Considering judicial officers are not-partisan, a current or former candidate for judge is eligible to serve on the Commission.
Is a current or former candidate for precinct consul eligible to serve on the Commission?
No. Because the office of precinct delegate is a partisan local office, a candidate for precinct delegate at any time since Baronial fifteen, 2014 is not eligible to serve on the Commission.
Subsection II
What the Constitution says:
"Each Commissioner shall: … not currently be or in the past 6 years have been … an elected official to partisan federal, state, or local function." MI Const Fine art iv §6(1)(b)(ii).
Guidance:
An "elected official to partisan federal, state, or local office" is anyone elected to a partisan public office or appointed to fill a vacancy in a partisan public office. MCL 169.205(iv).
Explanation:
Michigan's Constitution does non explicitly ascertain "elected official to partisan federal, state, or local role." However, similar terminology is defined in the Michigan Campaign Finance Act. The definitions in the Deed do non control what the Constitution ways, but they are helpful in understanding this terminology. Under the Michigan Campaign Finance Act, the phrase "elective office" is divers as a public office filled past an election, or anyone appointed to fill up a vacancy in a partisan public part that is usually elected. See MCL 169.205(four).
Oft Asked Questions:
Is a current or former school board member eligible to serve on the Committee?
Yes. Because the office of school board is non-partisan, current or quondam schoolhouse board member are eligible to serve on the Committee. Other nonpartisan offices include local and intermediate school district Lath Members; community college Board of Trustees; library trustees; and other elected officials in cities that elect officers on a nonpartisan basis.
Is a current or former mayor or city council member eligible to serve on the Commission?
Yes. A electric current or former mayor or city council member in a metropolis that elects officials on a non-partisan basis is eligible to serve on the Commission.
Is a retired judge eligible to serve on the Committee?
Yes, if they take been retired for at least i year. Come across Article half dozen, Section 21 of the Michigan Constitution equally discussed in Department D below and incorporated by Article iv, Section 6(1)(D) of the Michigan Constitution.
Is a sitting gauge eligible to serve on the Commission?
No. While judicial offices are nonpartisan, Michigan's Constitution prohibits a sitting estimate from serving in another elective office while on the bench or for a year after their service ends. See Article 6, Department 21 of the Michigan Constitution as discussed in Section D beneath and incorporated by Article 4, Department 6(1)(D) of the Michigan Constitution.
Is a current or former precinct delegate eligible to serve on the Commission?
No. Considering the part of precinct delegate is a partisan local office, a precinct delegate at any time since August 15, 2014 is not eligible to serve on the Commission.
Subsection III
What the Constitution says:
"Each Commissioner shall: … not currently be or in the past 6 years take been … an officer or member of the governing body of a national, state, or local political political party." MI Const Art iv §six(1)(b)(3).
Guidance:
A "member of the governing trunk of a national, state, or local political party" may refer to whatever private who is a fellow member of a political political party'southward national committee, land "Central Committee," local "Canton Committee," or Congressional District Committee.
An "officer … of a national, land, or local political political party" may refer to the respective committees' chair, vice chair(s), secretarial assistant, and treasurer every bit well as any additional officer positions that may exist for a specific political party.
Explanation:
Michigan Election Law describes governing bodies of political parties and is appropriately helpful in understanding what these terms mean. Michigan Election Police requires political parties to have a "County Committee" at the local level in MCL 168.599(4) and to have a "Central Committee" at the state level in MCL 168.597. Given their divers leadership roles, these committees, as well equally a political party's national committee, seem to fall within the meaning of a "governing torso."
Subsection Four
What the Constitution says:
"Each Commissioner shall: … not currently exist or in the by 6 years have been … a paid consultant or employee of a federal, state, or local elected official or political candidate, of a federal, state, or local political candidate's campaign, or of a political activity committee." MI Const Art 4 §vi(1)(b)(four).
Guidance:
An "employee" refers to an individual who works for another person or for a company for wages or a salary.
A "paid consultant" refers to an private who is paid to give professional person advice or services, perhaps equally an independent contractor.
Explanation:
Michigan'southward Constitution does not further define "paid consultant or employee of a federal, state, or local elected official or political candidate, of a federal, country, or local political candidate's campaign, or of a political action committee." The guidance provided above is the common meaning of the words as defined in the Merriam-Webster dictionary.
Frequently Asked Questions:
If I currently or in the past volunteered on a entrada for or confronting an elected official, political candidate, entrada, or political activity committee, am I eligible to serve on the Commission?
Yes. Because volunteers are not paid for their services, serving equally a volunteer on any political campaign does non disqualify you lot from serving on the commission.
Is a paid consultant or employee of a not-partisan elected official, non-partisan political candidate or non-partisan local political candidate's entrada eligible to serve on the Commission?
No. Someone who has served as a paid consultant or employee of a non-partisan official, a non-partisan political candidate, or a not-partisan local candidate'south campaign at any time since August 15, 2014 is non eligible to serve on the Committee. The disqualification in this provision applies to all employees and paid consultants who were paid in substitution for piece of work by partisan or nonpartisan elected officials, candidates, or local political candidate'southward campaigns. This includes paid consultants and employees of non-partisan elected officials such as school board members, judges, mayors, and city council members, also equally paid consultants and employees of candidates for non-partisan offices such as school board, gauge, mayor, and metropolis quango.
Subsection V
What the Constitution says:
"Each Commissioner shall: … not currently be or in the past 6 years have been … an employee of the Legislature." MI Const Fine art four §vi(i)(b)(v).
Guidance:
An "employee of the Legislature" may refer to an individual who works for the Legislature for wages or a bacon.
Caption:
Michigan'southward Constitution does non define the term "employee." The guidance provided above is the meaning of the word "employee" as divers in the Merriam-Webster lexicon.
Frequently Asked Questions:
Is a volunteer or unpaid intern working in the Legislature eligible to serve on the Committee?
Yep. Considering volunteers and unpaid interns do not piece of work for wages or a salary, they practise not fall within the dictionary definition of employees, they are eligible to serve on the Commission.
Are employees of a legislative committee, department, and body that operates in the Legislature eligible to serve on the Commission?
No. Any employee of a committee, department, or body that operates in the Legislature who is or was employed at whatever time since August 15, 2014 is non eligible to serve on the Commission. This limitation applies to all House and Senate Committees, Articulation Committees, as well as all departments and bodies that operate in the Legislature, including merely not limited to the Clerk of the House, the House Financial Agency, the House Republican Policy Office, the House Democratic Staff, the Secretary of the Senate, the Senate Fiscal Agency, the Criminal Justice Policy Committee, the Michigan Police Revision Commission, the Joint Committee on Administrative Rules, the Legislative Corrections Ombudsman, the Legislative Service Bureau, the Michigan Commission on Uniform State Laws, the Michigan Veterans' Facility Ombudsman, and the State Drug Treatment Court Informational Committee.
Subsection Six
What the Constitution says:
"Each Commissioner shall: … not currently be or in the past 6 years have been … any person who is registered as a lobbyist agent with the Michigan Agency of Elections, or whatever employee of such person." MI Const Art four §6(one)(b)(6).
Guidance:
A "person who is registered as a lobbyist agent with the Michigan Bureau of Elections" refers to an private who has registered with the Michigan Agency of Elections as a "lobbyist agent."
"Whatever employee of such person" refers to whatever individual who works for a registered lobbyist agent, in any capacity, for wages or a bacon.
Explanation:
Michigan Constitution'southward reference to an private's "registration every bit a lobbyist agent with the Michigan Bureau of Elections" identifies who may exist considered a "lobbyist agent."
The Constitutional provision does not define the term "employee." The guidance regarding "employee" in the to a higher place sections is the significant of the word "employee" as defined in the Merriam-Webster dictionary. The Constitution does not specify that the person's employment must exist related to lobbying in gild for the exclusion to utilize. It refers to "whatever employee of such person" and thus is broadly defined for purposes of this provision.
Oft Asked Questions:
How do I know if my employer is or has been "registered as a lobbyist agent with the Michigan Bureau of Elections" at any fourth dimension since Baronial 15, 2014?
Delight see this website: https://miboecfr.nictusa.com/cgi-bin/cfr/lobby_srch.cgi.
What is a "lobbyist agent"?
"Lobbyist agent" is defined in the Michigan Lobbying Act as: an individual who receives bounty or reimbursement of actual expenses, or both, in a combined amount in excess of $625 in whatever 12-calendar month flow for lobbying. Lobbyist agents are required to register with the Michigan Agency of Elections. The registration process is described in the Michigan Lobbying Act at MCL 4.417(2).
Subsection VII
What the Constitution says:
"Each Commissioner shall: … not currently exist or in the past half-dozen years take been … an unclassified state employee who is exempt from classification in land ceremonious service pursuant to Article Eleven, Section 5, except for employees of courts of tape, employees of the country institutions of higher instruction, and persons in the armed services of the state." MI Const Art 4 §six(1)(b)(vii).
Guidance:
An "unclassified state employee" is a designation for certain individuals employed in state government.
Article Eleven, Section 5 of the state constitution defines which positions autumn within the classified civil service, and it excludes the following positions every bit unclassified state employees: "[those positions in the state] filled past popular election, heads of principal departments, members of boards and commissions, the main executive officer of boards and commissions heading chief departments, … employees of the legislature, … eight exempt positions in the office of the governor, and within each master department, when requested by the department head, ii other exempt positions, one of which shall be policy-making. The civil service commission may exempt three boosted positions of a policy-making nature within each principal department."
Section D
What the Constitution says:
"Each Commissioner shall: … not be otherwise disqualified for appointed or elected office by this Constitution." MI Const Art four §half-dozen(i)(D).
Guidance:
"Otherwise disqualified for appointed or elected office past this Constitution" refers to the post-obit provisions of the Michigan Constitution:
-
"[The auditor full general] shall exist ineligible for engagement or ballot to any other public office in this state from which compensation is derived while serving equally accountant general and for two years following the termination of his service." MI Const Fine art 4 §53.
-
"Any justice or judge of a courtroom of tape shall be ineligible to exist nominated for or elected to an elective office other than a judicial part during the menstruation of his service and for one yr thereafter. MI Const Art 6 §21.
-
"A person is ineligible for election or engagement to any state or local elective office of this land and ineligible to agree a position in public employment in this state that is policy-making or that has discretionary authority over public assets if, within the immediately preceding 20 years, the person was convicted of a felony involving dishonesty, deceit, fraud, or a breach of the public trust and the conviction was related to the person'southward official capacity while the person was holding any elective office or position of employment in local, country, or federal government. This requirement is in addition to any other qualification required under this constitution or by law." MI Const Art 11 §viii.
Source: https://www.michigan.gov/micrc/public-comment/commissioner-eligibility-guidelines
0 Response to "How To Run For County Commissioner"
Post a Comment