STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6387

September 17, 1986

ELECTIONS:

Form of notice of last day of registration for annual school election

SCHOOLS AND SCHOOL DISTRICTS:

Ballot proposal at annual election--form of notice of last day of registration

The board of education of a fourth class school district registering its school electors may, but is not required to, publish the substance of a ballot proposal to be voted upon at the annual election in the notice of last day for registration of school electors for such election.

Honorable Claude A. Trim

State Representative

The Capitol

Lansing, Michigan

You have requested my opinion on the following question:

This question was addressed in a letter opinion to Representative Donald H. Gilmer, dated April 21, 1978, which concluded that the special election notice provisions of the Michigan Election Law, MCL 168.498 and 168.653; MSA 6.1498 and 6.1653, do not apply to annual elections of fourth and third class school districts conducted under part 13 of the School Code of 1976, MCL 380.1051-380.1071; MSA 15.41051-15.41071.

The Michigan Election Law, MCL 168.498; MSA 6.1498, requires that a ballot proposal be published in a notice of close of registration for a special election for the purpose of voting upon a proposal. The Michigan Election Law, MCL 168.6; MSA 6.1006, defines a special election as:

The Michigan Election Law does not define the term "regular election" but does define the term "election" in MCL 168.2; MSA 6.1002, as "any election ... at which the electors ... choose or nominate by ballot public officials or decide any public question lawfully submitted to them."

In the context of the Michigan Election Law, "regular election" clearly means an election scheduled by law on a periodic basis. The School Code of 1976, MCL 380.151; MSA 15.4151, provides that the annual election for a fourth class school district shall be held each year on the second Monday in June, unless the board of education determines it should be held in conjunction with a city election under MCL 168.644k; MSA 6.1644(11). This annual election is a "regular election" within the meaning of the Michigan Election Law. The School Code of 1976 clearly differentiates between annual and special elections. MCL 380.152; MSA 15.4152, authorizes a board of education to call a special election and requires the notice of election to state any question to be voted on. In contrast, MCL 380.154; MSA 15.4154, requires the notice of annual election to state a question to be voted on only when the question has been requested to be submitted by a petition of at least five percent of the electors. The special election notice provision of MCL 168.498; MSA 6.1498, thus, does not apply to an annual election of a fourth class school district.

It is my opinion, therefore, that a board of education of a fourth class school district registering its electors may, but is not required to, publish the substance of a ballot proposal to be voted upon at the annual election in the notice of last day for registration of school electors for such election. If the Legislature wishes to require a board of education of a fourth class school district to publish the substance of a ballot proposal to be voted upon at the annual election in the notice of last day for registration of school electors for such election, it may do so by enacting appropriate amendatory legislation.

Frank J. Kelley

Attorney General