New Michigan Laws Change When Newly Elected Municipal Officials Take Office

Michigan recently enacted a package of four public acts changing when newly elected local government officials take office following elections held after December 31, 2024. The legislation applies to cities, general law villages, townships, and home rule villages, and is intended to ensure that newly elected officials do not assume office before election results have been certified.

The four acts are Public Act 17 of 2026, which applies to home rule cities; Public Act 18 of 2026, which applies to general law villages; Public Act 19 of 2026, which applies to townships; and Public Act 20 of 2026, which applies to home rule villages.

For home rule cities, Public Act 17 amends the Home Rule City Act by adding a new section governing when elected city officers may begin their terms. For city officers, a term may not commence earlier than noon on the first day of the month following the officer’s election. If a city charter currently provides for an earlier commencement date, the statute now controls.

For general law villages, Public Act 18 amends the General Law Village Act. The term of office for a village president, clerk, treasurer, or trustee elected at the village’s regular election now begins on December 1 after the officer’s election and qualification. The act also updates the timing for the council’s annual appointment of a president pro tempore, which must occur on December 1 of each year, or as soon after that date as possible.

For townships, Public Act 19 amends Michigan Election Law. Under prior law, township officers generally began their terms at noon on November 20 following the election. Now, the term begins at noon on December 1 following the township officer’s election. Township officers must still qualify before assuming the duties of office, and failure to qualify by January 1 following the election creates a vacancy to be filled as provided by statute.

For home rule villages, Public Act 20 amends the Home Rule Village Act by adding a new section addressing the commencement of terms for elected village officers. For village officers, a term may not begin earlier than noon on December 1 following the officer’s election, notwithstanding any contrary charter provision.

The acts also address individuals elected to fill vacancies. Under the applicable provisions, an individual elected to fill a vacancy may not take the oath of office until the election results have been certified by the appropriate board of canvassers. This certification requirement applies notwithstanding contrary charter, ordinance, or resolution provisions, as applicable.

As a practical matter, municipalities should review their local governing documents and post-election procedures before the next election cycle. Charters, ordinances, policies, oath procedures, vacancy procedures, and transition calendars should be examined for any provision or practice that assumes an earlier commencement date or permits an individual elected to fill a vacancy to take the oath before certification.

Clerks, managers, township boards, village councils, and city officials should also coordinate in advance so that newly elected officials are seated only after the applicable statutory requirements have been satisfied.

If you have questions about these new laws or would like assistance reviewing or updating your local government’s charter, ordinances, policies, or post-election procedures, Mika Meyers is here to help. Please contact a member of our Local Government Practice Group for assistance.