Overview

Each city and township in Michigan has a Clerk. City Clerks are either elected or appointed, depending on city charter, and Township Clerks are elected. Mich. Comp. Laws Serv. §§ 85.1, 168.358. City and Township Clerks hold a number of election-related duties, including maintaining the voter registration records for their jurisdictions, and administering all federal, state, county, city, township, and village elections. “Structure of Elections” at 8.

In addition, City and Township Clerks supervise election inspectors employed within their jurisdiction. “Appointing and Training Election Inspectors” at 6*.* Clerks can issue directions to election inspectors, require election inspectors to take action or refrain from action, and dismiss election inspectors who fail to follow directions. “Appointing and Training Election Inspectors” at 6. Clerks can also replace dismissed election inspectors if deemed necessary. “Appointing and Training Election Inspectors” at 6.

City and Township Clerks are also responsible for determining whether a person who voted by provisional ballot is eligible to vote and whether the provisional ballot should be tabulated. Mich. Comp. Laws Serv. § 168.813(1). Once tabulated, and within seven days of an election, the City and Township Clerks transmit the results of the provisional ballots to the Board of County Canvassers. Mich. Comp. Laws Serv. § 168.813(2). The City and Township Clerks also transmit to the County Clerk a provisional ballot report for each precinct. Mich. Comp. Laws Serv. § 168.813(3).

Election-Related Duties

The key duties of the City and Township Clerks are:

1. Supervising election inspectors, including giving directions, dismissing election inspectors who fail to follow directions, and replacing dismissed election inspectors. “Appointing and Training Election Inspectors” at 6.
2. Determining whether a provisional ballot is eligible to be counted. Mich. Comp. Laws Serv. § 168.813(1).
3. Transmitting the results of the tabulated provisional ballots to the Board of County Canvassers and provisional ballot reports to the County Clerk. Mich. Comp. Laws Serv. § 168.813(2), (3).
4. Providing Absent Voter Counting Boards or precincts with all of the supplies to process absent voter ballots and providing election inspectors at Absent Voter Counting Boards with instructions. “Absent Voter EOM” at 2.

Selection and Vacancy Information

• Elected or Appointed:**
  • City Clerks are generally elected by the voters of the city. Mich. Comp. Laws Serv. § 85.1. However, cities in their charters may decide to appoint the City Clerk instead. See, e.g., 2022 Battle Creek City Charter § 5.4 *(*in which the City Clerk is appointed by the City Manager); 2018 Flint City Charter § 3-40 (in which the City Clerk is appointed by the Mayor).
  • Township Clerks are elected at the November general election. Mich. Comp. Laws Serv. § 168.358.
• Tie-breaking: In the case of a tie, the Board of Canvassers in the county in which the election was held determines a winner by lot. Mich. Comp. Laws Serv. § 168.851.
• Term of Office:
  • A City Clerk’s term of office is one year from the second Monday in April of the year when elected and until a successor is elected. Mich. Comp. Laws Serv. § 85.6.
  • A Township Clerk’s term of office is four years, commencing at noon on November 20 following the election and until a successor is elected. Mich. Comp. Laws Serv. § 168.362.
• Qualifications:
  • A City Clerk must be a qualified voter of the city and may not be a defaulter to the city. Mich. Comp. Laws Serv. § 85.9.
  • A Township Clerk must be a registered and qualified voter of the township in which election is sought by the filing deadline. Mich. Comp. Laws Serv. § 168.342.
• Vacancy:
  • In the case of a vacancy in the office of City Clerk, the Council may fill the vacancy by appointment or call a special election, whichever the Council deems in the “best interest” of the city. Mich. Comp. Laws Serv. § 85.17.
  • In the case of a vacancy in an elective city office, the Council may fill the vacancy by appointment or call a special election – whichever the Council deems in the “best interest” of the city. Mich. Comp. Laws Serv. § 85.17.