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If an elected official is resigning before the term has ended, is the township required to post the vacancy?

June 2019

No. There are no general posting requirements for vacancies created by the resignation of township elected officials under the Michigan Election Law Act (“Act”) and Michigan case law. Municipalities may, however, adopt their own posting requirements under their governing documents or policies and procedures. Though the Act does not contain a general posting requirement, it explains when a vacancy occurs and who shall make an appointment to fill a vacancy when one arises.  The Act explains that vacancies arise upon the resignation of elected township officials. Under the Act, a township office becomes vacant upon the resignation of an elected official. MCL 168.368. “[I]if a vacancy occurs in an elective or appointive township office, the vacancy shall be filled by appointment by the township board, and the person appointed shall hold the office for the remainder of the unexpired term.” MCL 168.370. MCL 168.370a further provides whether fulfilment of the office requires a general election to determine the successor for the remainder of the unexpired term.

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