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. 6877

October 25, 1995

INCOMPATIBILITY:

County sheriff and township supervisor

ELECTIONS:

County sheriff and township supervisor

A person may not simultaneously run for or hold the offices of township supervisor and county sheriff.

Honorable John Llewellyn

State Representative

The Capitol

Lansing, Michigan

You have asked if a person may simultaneously run for or hold the positions of township supervisor and county sheriff. According to the information you have provided, a township supervisor has announced that he plans to run for reelection as township supervisor while also running for the position of county sheriff in the 1996 election.

Const 1963, art 7, Sec. 4, creates the position of county sheriff, reading, in pertinent part, as follows:

There shall be elected for four-year terms in each organized county a sheriff, a county clerk, a county treasurer, a register of deeds and a prosecuting attorney, whose duties and powers shall be provided by law.

Const 1963, art 7, Sec. 6, states that the county sheriff "shall not hold any other office except in civil defense." Thus, if the person in question assumes the office of county sheriff, he is ineligible for any other public office except one in civil defense.

Const 1963, art 7, Sec. 18, creates the office of township supervisor, stating that:

In each organized township there shall be elected for terms of not less than two nor more than four years as prescribed by law a supervisor, a clerk, a treasurer and not to exceed four trustees, whose legislative and administrative powers and duties shall be provided by law.

Further duties and functions of the office of township supervisor are set forth in RS 1846, c 16, MCL 41.1a et seq; MSA 5.1(1) et seq. The township supervisor is a voting member of the township board. OAG, 1981-1982, No 6054, p 617 (April 14, 1982). Since the position of township supervisor is a public office, Const 1963, art 7, Sec. 6, prohibits a county sheriff from serving simultaneously as a township supervisor.

In addition, the person in question cannot be a candidate for both offices simultaneously. Section 558(2) of the Michigan Election Law, 1954 PA 116, MCL 168.558(2); MSA 6.1558(2), reads as follows:

If petitions or filing fees are filed by or in behalf of a candidate for more than 1 office, either national, state, county, city, village, township, or school district, the terms of which run concurrently or overlap, the candidate so filing, or in behalf of whom petitions or fees were so filed, shall select the 1 office to which his or her candidacy is restricted within 3 days after the last day for the filing of petitions or filing fees unless the petitions or filing fees are filed for 2 offices that are combined or for offices that are not incompatible. Failure to make the selection disqualifies a candidate with respect to any office for which petitions or fees were so filed and the name of the candidate shall not be printed upon the ballot for those offices. A vote cast for that candidate at the primary or general election ensuing shall not be counted and shall be void. [Emphasis added.]

Thus, section 558(2) of the Michigan Election Law contemplates that an individual may run for more than one office if the offices are compatible. OAG, 1991-1992, No 6739, p 195, 196 (November 16, 1992); OAG, 1985-1986, No 6355, p 262, 264 (April 18, 1986). Since the offices of county sheriff and township supervisor are incompatible under Const 1963, art 7, Sec. 6, a person may not run for both offices at the same time.

It is my opinion, therefore, that a person may not simultaneously run for or hold the offices of township supervisor and county sheriff.

Frank J. Kelley

Attorney General