Michigan Advisory Opinions June 23, 1988: AGO 6526 (June 23, 1988)

AGO 6526.

You have requested my opinion on whether the Michigan Election Law requiring the names of candidates appearing on paper ballots to be rotated on a precinct basis applies to elections for the office of member of a board of education of a school district.

The Michigan Election Law, 1954 PA 116, Sec. 569a, as added by 1985 PA 24, MCL 168.569a; MSA 6.1569(1), provides in part:

"(1) In all primary elections, if there are more names under the heading of an office than there are candidates to be nominated and the same office appears in more than 1 precinct, the names shall be rotated in the following manner: In printing each set of ballots for the several election precincts, the relative positions of the different names printed in each division shall be changed as many times as there are candidates in that division and as reasonably as possible a candidate's name shall not appear at the top of the ballot more times than any other candidate's name in that division. The names shall first be arranged alphabetically according to surnames on each ballot used in the precinct. In the next precinct, the names shall appear in the same order on each ballot, except that the name appearing first under each office in the preceding precinct shall be last. The names shall be changed in that manner in every precinct of the city, village, township, or county.

"....

(3) Notwithstanding provisions of law or charter to the contrary, this section shall apply to nonpartisan general elections and to municipal elections."

By its plain terms, Act 116, Sec. 569a, requires the rotation of names of candidates by precinct applies to both primary and nonpartisan general elections and to municipal elections.

The election of members of a board of education of a school district is required by the School Code of 1976, 1976 PA 451, MCL 380.1 et seq; MSA 15.4001 et seq. The procedures for the election of members of a board of education are set forth in two parts of Article 2 of the School Code of 1976. Article 2, Part 12, entitled "SCHOOL ELECTIONS: NONREGISTRATION SCHOOL DISTRICTS" contains provisions for the conduct of school elections in nonregistration school districts. Section 1008 of Article 2, Part 12, MCL 380.1008(1); MSA 15.41008(1), provides:

"In printing ballots for the election of school board members, the following procedure will be used for transposing or alternating the positions of the names of the candidates on the school election ballots where necessary. An alteration or transposition of names shall not take place unless more candidate names are presented than there are positions to be elected. The ballot shall contain the names of the candidates arranged in alphabetical order according to surnames. In printing the ballots for the precincts, the relative positions of the candidate names printed in each division shall be changed as many times as there are candidates in the division having the most names. As nearly as possible, an equal number of ballots shall be printed for each change. In making position changes, the printers shall take a line of type at the head of each office division and place it at the bottom of the division and move the column so that the name which was second before is first after the change. The separate piles resulting from this printing shall then be stacked together so that each ballot has the names in a different relative position."

In the School Code of 1976, Article 2, Part 13, entitled "SCHOOL ELECTIONS: REGISTRATION SCHOOL DISTRICTS," the Legislature has set forth the election procedures for registration school districts. Section 1067 of Article 2, Part 13, MCL 380.1067; MSA 15.41067, provides:

"The secretary of the board shall prepare and have an official ballot printed which shall contain a separate area for each term of office.

"The ballot shall be substantially in the form provided in Act No. 116 of the Public Acts of 1954, as amended, with the names of candidates who are duly nominated for each term of office. Ballots shall be printed in the manner prescribed in section 1008." (Emphasis added.)

By virtue of Sec. 1071 of Article 2, Part 13, MCL 380.1071; MSA 15.41071, school elections in registration school districts are to comply with the Michigan Election Law "so far as it is applicable and not inconsistent with provisions of this act relating to elections,...." There is no similar provision in Article 2, Part 12 of the School Code of 1976 making school elections in nonregistration school districts subject to the Michigan Election Law in any respect.

School electors of registration school districts are permitted to vote in all school elections within the district only if they are registered electors. Article 2, Part 13, Sec. 1052, MCL 380.1052; MSA 15.41052. The School Code of 1976 does not require school electors to be registered in order to vote for candidates for the office of member of a board of education of a nonregistration school district.

By explicit mandate of the Legislature, the printing of paper ballots for the office of member of a board of education of a school district is controlled by the School Code of 1976, Article 2, Part 12, Sec. 1008, both for nonregistration and registration school districts. The rotation of candidates' names by precinct provisions of the Michigan Election Law, Sec. 569a, do not apply to the election of members of a board of education of a school district.

If the procedures for printing of such ballots in registration school districts are to follow the rotation of names of candidates by precinct set forth in the Michigan Election Law, the School Code of 1976, Article 2, Part 12, Sec. 1008, and Article 2, Part 13, Sec. 1067, must be appropriately amended.

It is my opinion, therefore, that the names of candidates for office of member of the board of education of a school district must be rotated on printed ballots in school district elections in accordance with the School Code of 1976, Sec. 1008, MCL 380.1008; MSA 15.41008.

Frank J. Kelley

Attorney General