Our Feed

We are involved in our communities, our profession, and our clients' associations and activities.

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

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.

Recent Articles & Announcements

  1. What notice requirements apply t...

    There are various statutes that allow townships to fund improvements (e.g., road projects, fire protection services, among others) by specia...

    Read More
  2. 2024 United States Supreme Court...

    The United States Supreme Court issued a unanimous decision on March 15, 2024, in Lindke v Freed, ___US___, 2024 U.S. LEXIS 1214 (2024). Thi...

    Read More
  3. Understanding Approvals with Con...

    In this month’s E-Letter we will discuss land use approvals with conditions, including the basics, when imposing conditions on land use ap...

    Read More
Talk to an Attorney
Request a Consultation

At Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.