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. 6925

December 6, 1996

ELECTIONS:

Signature requirements for nominating petitions in charter townships

CHARTER TOWNSHIPS:

Signature requirements for nominating petitions in charter townships

The signature requirements for nominating petitions in charter townships are governed by section 4 of the Charter Township Act, 1947 PA 359.

Honorable Curtis Hertel

State Representative

The Capitol

Lansing, MI

You have asked whether the signature requirements for nominating petitions in charter townships are governed by section 4 of the Charter Township Act, 1947 PA 359, or in section 349 of the Michigan Election Law, 1954 PA 116.

The Legislature has authorized the creation of charter townships by means of the Charter Township Act, 1947 PA 359, MCL 42.1 et seq; MSA 5.46(1) et seq. The Charter Township Act "constitutes the charter of the township" incorporated under it. 1 OAG, 1955, No 2018, pp 144, 145 (March 30, 1955).

Section 4 of the Charter Township Act, 1947 PA 359, has, since its inception in 1947, required that nominating petitions for township offices have signatures equal to certain percentages of the number of votes cast for township supervisor in the most recent township election for supervisor. Section 4 now provides, in pertinent part, as follows:

To obtain the printing of the name of a candidate of a political party for a township office under the particular party heading on the official primary election ballot of the township, there shall be filed with the township clerk of the township up to 4 p.m. of the twelfth Tuesday before the day designated for holding the primary election, nomination petitions bearing the signatures of a number of registered and qualified voters of the township equal to not less than 1% or more than 4% of the total number of votes cast for the office of supervisor in the township in the last election in which a supervisor was elected. [Emphasis added.]

In 1954 the Legislature enacted the current Michigan Election Law, 1954 PA 116, MCL 168.1 et seq; MSA 6.1001 et seq. Chapter XVI of the Michigan Election Law deals with township offices. There is no separate chapter of the Michigan Election Law for charter township offices. Within Chapter XVI of the Michigan Election Law, section 349 originally required that nominating petitions for township offices have signatures equal to certain percentages of the qualified and registered electors in the township. Section 349, as last amended by 1990 PA 7, now provides, in this regard, as follows:

To obtain the printing of the name of a person as a candidate for nomination by a political party for a township office under the particular party heading upon the official primary ballots, there shall be filed with the township clerk nominating petitions signed by a number of qualified and registered electors residing within the township equal to not less than 1% or more than 4% of the number of votes cast by the party in the township for secretary of state at the last general November election in which a secretary of state was elected, but in no case less than 5 signatures. [Emphasis added.]

Thus, the signature requirements for township nominating petitions in section 349 of the Michigan Election Law are now expressed in terms of certain percentages of the votes cast in the township in the most recent election for Secretary of State.

When the Legislature enacted the current Michigan Election Law, 1954 PA 116, in 1954, the same Legislature also amended the Charter Township Act, 1947 PA 359, section 4, by means of 1954 PA 169, to make minor changes. Since the same Legislature enacted both provisions, it is presumed that the Legislature had full knowledge of the provisions of both acts. Reichert v Peoples State Bank for Savings, 265 Mich 668, 672; 252 NW 484 (1934). The Legislature had ample opportunity to craft both sections at issue to make it clear that the requirements of section 349 of the Michigan Election Law now applied to signatures on nominating petitions in charter townships. However, it did not. Rather, it left the express provisions dealing with nominating petitions in charter townships in section 4 of the Charter Township Act. The language in section 349 of the Michigan Election Law deals generally with the signature requirements for nominating petitions in township elections. The language in section 4 of the Charter Township Act deals specifically with the signature requirements for nominating petitions in charter township elections. It is a well settled rule of statutory construction that, where two statutes conflict, the specific statute prevails over the general. Estabrook v Lincoln Nat'l Life Ins Co, 172 Mich App 450, 454; 432 NW2d 733 (1988).

This conclusion is supported by the decision of the Michigan Court of Appeals in Van Horn v China Twp Clerk, 195 Mich App 610, 612; 491 NW2d 268 (1992), lv den 442 Mich 898; 502 NW2d 46 (1993). In that case, the court applied the provisions of the Charter Township Act, 1947 PA 359, section 3a(4), rather than the provisions of the Michigan Election Law, 1954 PA 116, section 544c(9), in dealing with the validity of petitions for a referendum on the question of incorporating a charter township. The court held that compliance with the Charter Township Act rather than the Michigan Election Law "is sufficient."

Contrary to the suggestion in the opinion request, neither Const 1963, art 4, s 24, nor art 4, s 25, are implicated by this question. In Const 1963, art 4, s 24, the people have provided that "[n]o law shall embrace more than one object, which shall be expressed in its title."

The purpose of Const 1963, art 4, s 24, is to give legislators and the public notice of the subject matter of an act by reference to its title. The provision is construed reasonably rather than in a narrow or technical manner. If a provision of the act is germane to the purpose of the act declared in its title, then there is no violation of Const 1963, art 4, s 24. City of Livonia v Dep't of Social Services, 423 Mich 466, 496-497; 378 NW2d 402 (1985); Builders Square v Dep't of Agriculture, 176 Mich App, 494, 497-498; 440 NW2d 639, lv den 433 Mich 912 (1989).

Here, the title of the Charter Township Act provides:

AN ACT to authorize the incorporation of charter townships; to provide a municipal charter therefor; and to prescribe the powers and functions thereof.

The statutory section here in question, dealing with the signature requirements for nominating petitions in charter townships, is clearly germane to a statute that is the charter for charter townships.

In Const 1963, art 4, s 25, the people have provided, with regard to the amendment of statutes, as follows:

No law shall be revised, altered or amended by reference to its title only. The section or sections of the act altered or amended shall be re-enacted and published at length.

Here the Charter Township Act was passed in 1947 before the enactment of the Michigan Election Law, 1954 PA 116. Thus, Const 1963, art 4, s 25, has no application to section 4 of 1947 PA 359. Further, the 1964 amendment to section 4 of 1947 PA 359, in 1964 PA 163, making the primary elections in charter townships subject to the Michigan Election Law, 1954 PA 116, has no effect on the validity of the portion of section 4 of the Charter Township Act here at issue.

It is my opinion, therefore, that the signature requirements for nominating petitions in charter townships are governed by section 4 of the Charter Township Act, 1947 PA 359.

Frank J. Kelley

Attorney General