By Matt Nordfjord/firm of Cohl, Stoker and Toskey, P.C.
With the commencement of a new term of office on Jan. 1, 2025, comes the responsibility for county boards to elect a chairperson and a vice chairperson. This process is governed by Michigan Compiled Laws (MCL) 46.3.
Notably, this process is unchanged following the amendment of MCL 46.410(1) and addition of MCL 46.410(2) by 2021 PA 122, which made the terms of County Commissioners 4 years commencing with the term of office following the November 2024 election. This change to a 4-year term had no effect on the provisions in MCL 46.3(4) regarding the timing of the elections and permissible length of term for a county board of commissioners’ chairperson and vice chairperson.
The county board of commissioners is required to elect 1 of its members as chairperson and 1 of its members as vice chairperson, per MCL 46.3(4).
The chairperson shall be elected each odd-numbered year for a 2-year term, unless the board provides by resolution or board rule that the chairperson shall be elected annually, for a 1-year term. The vice chairperson is required to be elected annually for a 1-year term.
The election of a chairperson and vice chairperson must occur at the first meeting of the county board of commissioners in a year in which a chair or vice chair is to be elected. The term of a chairperson and vice chairperson begins upon their election.
The board does not have the option of electing a vice chairperson for a 2-year term. Rather, the election of the vice chairperson must occur annually at the first meeting of the board, regardless of whether the election of the board chairperson occurs annually. The number of votes required for the election of a chairperson and vice chairperson is determined by a majority vote of the county board members elected and serving, per MCL 46.3(2).
A unique aspect of an election for a board chairperson (but not the vice chairperson) is that state law allows for a secret ballot. (See MCL 46.3a.) The law does not mandate a secret ballot, but it allows for one in this specific circumstance. If the board of commissioners chooses to conduct the election of the board chairperson by secret ballot, a majority vote is required to authorize this mechanism.
Matt Nordfjord is a shareholder and managing member with the law firm of Cohl, Stoker & Toskey, P.C.