The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)



STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL


Opinion No. 5387

November 7, 1978

TOWNSHIPS:

Residents of a village within a township holding offices of township supervisor or township treasurer

VILLAGES:

Residents of a village within a township holding offices of township supervisor or township treasurer

A resident of a village within the boundaries of a township may hold the office of township supervisor or township treasurer.

Honorable Joseph Forbes

State Representative

Sixty-seventh District

The Capitol

Lansing, Michigan

You have requested my opinion upon the following question:

'Can a resident of a village within a township hold the office of township supervisor or township treasurer.'

The answer to your question is controlled by Lanphear v Antwerp Township, 50 Mich App 641, 644-646; 214 NW2d 66 (1973). In that case, three of the four members of the township board present and voting on a zoning ordinance affecting property in the unincorporated area of the township were residents of incorporated villages within the township. The Court concluded that a township office may be held by a qualified township elector from any part of the township, whether incorporated or unincorporated:

'MCLA 41.102; MSA 5.151 gives '[e]ach inhabitant of any township, having the qualifications of an elector, a right to vote on all matters and questions before any township meeting.' A qualified elector need only be a resident of the township for 30 days, and meet other Michigan constitutional requirements to vote. MCLA 168.10; MSA 6.1010; Const 1963, art 2, Sec. 1. MCLA 41.70; MSA 5.62 describes the membership of the township board, and provides that the township board shall consist of officers elected generally from the entire township. MCLA 168.342; MSA 6.1342 states that only qualified electors of the township are eligible to be elected to the township board. . . .'

'. . . Moreover, the township board, . . . could conceivably be made up entirely of residents of unincorporated portions of the township, since nothing prevents qualified electors from any part of the township from running for any township office. Simply because three of the four members of the township board, which authorized the change of the zoning ordinance in issue here, perchance happened to live in the incorporated areas of the township did not deprive plaintiffs of any of their constitutional or statutory rights.' [Emphasis the Court's]

It is therefore my opinion that a resident of a village within the boundaries of a township may hold the office of township supervisor or township treasurer.

Frank J. Kelley

Attorney General