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. 6908

July 18, 1996

ELECTIONS:

The effect of a felony conviction before becoming a candidate for county clerk

COUNTIES:

The effect of a felony conviction before becoming a candidate for county clerk

A person's felony conviction before becoming a candidate for county clerk does not prohibit the person from assuming and performing the duties of that office.

Honorable Dianne Byrum

State Senator

The Capitol

Lansing, Michigan

You have asked if a person's felony conviction before becoming a candidate for county clerk prohibits the person from assuming and performing the duties of that office.

Michigan election law pertaining to county officials is devoid of any provision rendering a person ineligible from being a candidate, or being elected, or holding office by reason of a felony conviction before becoming a candidate. See Chapter X of the Michigan Election Law, MCL 168.191 et seq; MSA 6.1191 et seq. A prior felony conviction does not bar a county clerk from performing any of the clerk's statutory duties under the statutory provisions dealing with that office. See, MCL 50.61 et seq; MSA 5.831 et seq.

There are other Michigan statutes relating to county officials that address the issue of a candidate for public office who is convicted of a felony during the candidacy and an office holder who is convicted of a felony during the term of office. In both situations, the convicted person becomes ineligible to hold public office. See, MCL 168.938; MSA 6.1938, MCL 201.3; MSA 6.693, MCL 750.118; MSA 28.313.

It is a well-established rule of legislative construction that the expression of one thing implies the exclusion of other similar things not expressed. Taylor v Michigan Public Utilities Comm, 217 Mich 400, 402-403; 186 NW 485 (1922); Sebewaing Industries Inc v Village of Sebewaing, 337 Mich 530, 548; 60 NW2d 444 (1953). Therefore, it is clear that the Legislature only intended a felony conviction to affect eligibility for public office if the conviction occurs during candidacy or while in office but not if it occurs before becoming a candidate. See, OAG, 1955-1956, No 2393, p 708 (December 2, 1955), which concluded that a person with a prior felony conviction could later serve as an elected city clerk.

In United States v Dahms, 938 F2d 131, 134 (CA 9, 1991), the court considered whether, under Michigan law, a person who has served his sentence for committing a felony has his civil rights restored. The court held that, under Michigan law, once incarceration has ended the right to vote and to hold public office are restored automatically.

It is my opinion, therefore, that a person's felony conviction before becoming a candidate for county clerk does not prohibit the person from assuming and performing the duties of that office.

Frank J. Kelley

Attorney General