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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. 6056 April 16, 1982 PUBLIC OFFICES AND OFFICERS: Term of person appointed to fill vacancy in office of township supervisor TOWNSHIPS: Term of person appointed to fill vacancy in office of township supervisor A person appointed to fill a vacancy occurring in September of 1981 in the office of township supervisor caused by death of the supervisor elected to a term expiring in November of 1984 serves a term only until a successor is elected at the general election to be held in November of 1982 and qualifies for the office. Honorable Lewis N. Dodak State Representative The Capitol Lansing, Michigan You have requested my opinion on a question which may be phrased as follows: Does a person appointed to fill the office of township supervisor serve the remainder of the term ending in 1984 or until the next general election in November, 1982? You have indicated that the vacancy in question was created upon the death in September of 1981 of a township supervisor who had been elected to office in November of 1980. The resulting vacancy was filled in October, 1981. The Michigan Election Law, 1954 PA 116, as amended; MCLA 168.1 et seq; MSA 6.1001 et seq, Sec. 362, provides that the term of office of the township supervisor shall be 4 years beginning with the 1980 general election. In 1954 PA 116, supra, Sec. 370(1), as amended, the Legislature has, in part, provided: '(1) Whenever a vacancy shall occur in any elective or appointive township office, except as specified in this act, it shall be filled by appointment by the township board, and the person appointed shall hold the office for the remainder of the unexpired term. . . .' (Emphasis supplied.) However, 1954 PA 116, supra, as amended, Sec. 370a, as added by 1968 PA 156, provides: 'Notwithstanding the provisions of section 370, when a vacancy occurs in any elective or appointive township office and it is filled by appointment by the township board and the next general election is to be held more than 150 days after the vacancy occurs, and it is not the general election at which a successor in office would be elected if there had been no vacancy, the person appointed shall hold office only until a successor is elected at such general election, held more than 150 days after the vacancy occurs, in the manner provided by law and qualifies for office. Such successor shall hold the office for the remainder of the unexpired term.' In the instant case the term of office would have expired on November 19, 1984, pursuant to the provisions of 1954 PA 116, Sec. 362, supra. Further, it is clear that the general election in November, 1982 will take place more than 150 days after the vacancy occurred and it is not the general election at which a successor would have been elected had there been no vacancy. It is my opinion, therefore, that the individual appointed to fill the vacancy in the office of township supervisor created in September, 1981 by the death of the officer elected in November, 1980, holds that office only until a successor is elected at the general election to be held in November of 1982 and qualifies for the office. Frank J. Kelley Attorney General
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