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2014 Michigan Attorney General Reports and Opinions 1 (2014)

handle is hein.sag/sagmi0137 and id is 1 raw text is: STATE OF MICHIGAN

BILL SCHUETTE, ATTORNEY GENERAL
ELECTIONS:                                  Filling vacancy on elected board of county road
commissioners.
MICHIGAN ELECTION LAW:
COUNTY ROAD LAW:
COUNTY ROAD COMMISSIONERS:
Under section 269, MCL 168.269, of the Michigan Election Law, MCL 168.1 et seq., an individual
appointed to fill a vacancy on an elected board of county road commissioners holds office for the remainder
of the unexpired term, unless the vacancy occurred more than 182 days before the next November general
election, if that election is not the November general election at which a successor in office would be elected
if no vacancy occurred. In that case, the appointee holds office only until the appointee or another candidate
is elected and qualified to serve for the remainder of the unexpired term at the next November general
election
Opinion No. 7275
March 7, 2014
The Honorable Kevin Cotter
State Representative
The Capitol
Lansing, MI 48909
You ask whether a person appointed to fill a vacancy in the office of elected county
road commissioner holds that office until the expiration of that term as provided for in
the County Road Law, MCL 224.1 et seq., or instead must be elected to fill the balance of
the term in the next general election as provided for in the Michigan Election Law, MCL
168.1 et seq.
Information obtained in conjunction with your request reveals that the relevant
county road commissioner was elected to a six-year term at the November 2, 2010,
general election. This individual resigned from office in March 2013, a little over two
years into the term. Another individual was then appointed by the board of county

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