Overview

Michigan has a bicameral legislature, consisting of a Senate and a House of Representatives. The state constitution dictates the size of both bodies — the Senate must consist of 38 members and the House of Representatives must consist of 110 members. MCLS Const. Art. V, §§ 2, 3.

The state legislature plays a limited role in election administration and oversight. As the body vested with legislative power, the state has the ability to pass election-related legislation, including legislation affecting the canvassing and certification processes. MCLS Const. Art. V, § 1. The Senate also provides advice and consent on members of the State Board of Canvassers appointed by the Governor. Mich. Comp. Laws Serv. § 168.22.

Democrats currently control both houses of the legislature. The Senate Majority Leader is Winnie Brinks and the Minority Leader is Aric Nesbitt. The Speaker of the House is Joseph Tate, the Majority Leader is Abraham Aiyash, and the Minority Leader is Matt Hall. The next election for all members of the Senate will be November 2026, and the next election for all members of the House of Representatives will be November 2024.

Election-Related Duties

The key duties of the state legislature are:

1. Passing legislation related to elections, including laws affecting canvassing and certification. MCLS Const. Art. V, § 1.
2. Providing advice and consent on members of the State Board of Canvassers appointed by the Governor. Mich. Comp. Laws Serv. § 168.22.

Selection and Vacancy Information

• **Elected: ****Members of the state legislature are elected. Senators are elected every four years in the same election as the Governor. MCLS Const. Art. IV, § 2. Representatives are elected every two years. MCLS Const. Art. IV, § 3.
• Tiebreaking:** 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: Senators serve four-year terms concurrent with the Governor. MCLS Const. Art. IV, § 2. Representatives serve two-year terms. MCLS Const. Art. IV, § 3. Members of the state legislature may not serve more than a combined total of 12 years, including full and partial terms. MCLS Const. Art. IV, § 54.
• Next Election: All 38 Senate seats are up for election in November 2026. Elections for all 110 seats in the House of Representatives will take place in November 2024.
• Qualifications and Restrictions: A member of the state legislature must be a citizen of the U.S., at least 21 years of age, and qualified to vote in the district the member represents. MCLS Const. Art. IV, § 7. In addition, a member must not have been convicted of subversion or a felony involving breach of trust within the preceding 20 years. MCLS Const. Art. IV, § 7. While holding office, a member may not hold any state or federal employment, except as a notary public or member of the armed forces reserve. MCLS Const. Art. IV, § 8. Members may not be interested directly or indirectly in any contract with the state that will cause a “substantial” conflict of interest. MCLS Const. Art. IV, § 10.
• Vacancy: **In the case of a vacancy in the state legislature, the Governor orders a special election to fill the seat. MCLS Const. Art. V, § 13.