Michigan Advisory Opinions December 14, 1979: AGO 5607 (December 14, 1979)

AGO 5607.

My opinion has been requested regarding the election at which a vacancy in one of the regional board seats of the Detroit Board of Education occurring in June, 1978, must be held. The request indicates that the vacancy occurred at a time which made it impossible to place the vacancy on the primary ballot for August, 1978.

My response requires consideration of the odd year election law, 1954 PA 116, Secs. 644a-6441, as added by 1970 PA 239; MCLA 168.644a-1; MSA 6.1644a-1 as it relates to a first class school district regional board membership under the School Code of 1976, 1976 PA 451, Sec. 412; MCLA 380.412; MSA 15.4412.

Section 412(6) of the School Code of 1976, MCLA 380.412(6); MSA 15.4412(6), requires:

'The number of members of each regional board shall be maintained at 5. A vacancy shall be filled from among registered school electors of the region by the remaining board members of the region by a majority vote of those serving. If a person is appointed to fill a vacancy for which the unexpired term is more than 1 year and 8 months, that person shall serve until January 1 following the next general election. At that next general election the vacancy shall be filled for the unexpired term. A vacancy shall not be filled later than 60 days prior to a primary election at which regional board members are to be nominated.' (emphasis added)

The term 'general election' has been defined to be the election held in even numbered years in November. 1954 PA 116, supra, Sec. 5; MCLA 168.5; MSA 6.1005, Kuhn v Department of Treasury, 15 Mich App 364; 166 NW2d 697 (1968), modified on other grounds, 384 Mich 378; 183 NW2d 796 (1971).

1954 PA 116, Sec. 644a, supra, states:

'An election to be known as the 'odd year general election' shall be held on the Tuesday succeeding the first Monday in November in every odd numbered year.'

An examination of the odd year election law, as defined by 1954 PA 116, Sec. 644a, supra, indicates that the term 'general election' is not synonymous with the term 'odd year general election.' Thus, 1976 PA 451, Sec. 412(6), supra, indicates that the vacancy shall be filled at the 'general election' held the first Tuesday after the first Monday in November in an even numbered year.

It is, therefore, my opinion that a vacancy in the office of regional board member occurring in June, 1978 at a time when it was impossible to hold a primary election to fill the vacancy in August, 1978, shall be filled at the general election in November, 1980.

Frank J. Kelley

Attorney General