Michigan Advisory Opinions February 12, 1980: AGO 5650 (February 12, 1980)

AGO 5650.

You have requested my opinion on the authority of a township to levy up to one mill for the establishment and maintenance of a free public library, pursuant to 1877 PA 164, Sec. 10; MCLA 397.210; MSA 15.1670. 1877 PA 164, Sec. 10, supra, permits township electors to authorize the levy of a tax not to exceed one mill for a library at a 'regular annual election.' You inquire whether the proposition to levy a library tax under 1877 PA 164, Sec. 10, supra, may be voted upon at the time of a (1) primary election; (2) a special election; and (3) at the presidential primary election.

The Michigan election law, 1954 PA 116, Sec. 358a; MCLA 168.358a; MSA 6.1358(1) states:

'The township board of any township may call a special election to be held in such township for the purpose of submitting any proposition or propositions to the electors thereof. No such special election shall be held within 60 days prior or subsequent to any regular township or state primary or general election. Like notice of such special election shall be given as is now required of regular elections held under this act.'

1954 PA 116, supra, Sec. 635; MCLA 168.635; MSA 6.1635 provides:

'It shall be lawful to call a special election for the submission of any proposition on any regular or special primary day.'

2 OAG, 1955-1956, No 2729, pp 494, 495 (August 21, 1956) addressed the question whether 1954 PA 116, Secs. 358a and 635, supra, (fn1) precluded holding a special township election to vote on propositions on a regular primary election day. In construing 1954 PA 116, Secs. 358a and 635, supra, OAG, No 2729, supra, concluded that 'a township may call a special election to vote upon propositions upon the day of the regular township election, the day of any regular or special primary election, the date of any state general election, and upon such other days that do not fall within the period of sixty days preceding and sixty days following any regular township election, regular or special primary election and state general election.'

Therefore, it is my opinion that where a township calls a special election to vote on the proposition to authorize the levy of a library tax under 1877 PA 164, Sec. 10, supra, the proposition may be voted upon at the time of (1) a primary election, and (2) at a special election, so long as the election is not held within sixty days prior or subsequent to any regular township election, regular or special primary, or state general election.

The third situation you pose inquiries as to whether the proposition may be voted upon at the time the statewide presidential primary held each presidential election year as authorized by 1954 PA 116, Secs. 613-620, added by 1972 PA 60; MCLA 168.613-168.620; MSA 6 .1613-6.1620.

Pursuant to 1954 PA 116, Sec. 613, supra, delegates to county conventions are elected at the presidential primary election. 1954 PA 116, supra, Sec. 7; MCLA 168.7; MSA 6.1007, in pertinent part, defines 'primary election' as 'the election by ballot of delegates to political conventions.' Thus, the statewide presidential primary election may be considered a 'state primary' under 1954 PA 116, Sec. 358a, supra. See also OAG, 1961-1962, No 3606, pp 105, 108 (May 4, 1961).

It is, therefore, my opinion that a township may call a special election for the purpose of voting upon the proposition of a library tax under 1877 PA 164, Sec. 10, supra, and such special election may be held on the same day as a presidential primary election.

Frank J. Kelley

Attorney General

1. These sections have not been amended since OAG, 2927, supra, was issued.