Number of Constables

How do you determine how many constables are elected in your township?
Under MCL 168.358, the number of constables elected in a township is determined by township board resolution at least six months prior to the township primary election preceding the general election. The resolution must specify the number of constables to be elected, from zero to four. A township may adopt a resolution to elect zero constables. The resolution determining the number of constables to be elected continues in effect until a different resolution is adopted. However, unlike other township elected offices, if a constable vacancy occurs, the township board may determine if the vacancy will be filled.

For the 2008 township election, the board must adopt the resolution at least six months prior to the primary election in 2008. To be on the safe side, do it before February 1, 2008. However, in townships that are considering increasing the number of constables, the board may wish to adopt its resolution earlier to allow interested persons to file candidate petitions prior to May 13, 2008, and qualify for the ballot.

MCL 168.358 Election of township officers and submission of propositions; general November election. (EXCERPT)
“Sec. 358. ... (3) Subject to the limitation in subsection (1), the number of constables to be elected at the 1992 general November election and each general November election at which township offices are regularly to be elected after 1992 shall be determined by the township board by resolution not less than 6 months before the township primary election preceding the general November election. The resolution that specifies the number of constables to be elected applies in that township until a subsequent resolution is adopted altering that number. If a determination as to the number of constables to be elected is not made by the township board by the deadline under this subsection for the 1992 general election, the number of constables to be elected shall be the same number that was elected in that township in the 1988 general November election until a resolution is adopted to provide for the election of a different number of constables.”

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SAMPLE NUMBER OF CONSTABLES RESOLUTION

WHEREAS, the office of Constable is (whatever the township wants to say about why it wants or doesn’t want constables); and

WHEREAS, MCL 168.358(3) authorizes the township board to determine the number of constables to be elected at least six (6) months prior to the primary election;

NOW, THEREFORE, BE IT RESOLVED that the Township of ____________ does hereby resolve to elect _____(insert appropriate number: 0, 1, 2, 3, 4) constables, and that a copy of this resolution be transmitted to the ____________ County Clerk within three (3) days.

The foregoing resolution offered by ______________.

Seconded by _________________.

Roll Call as follows: . . .
Adopted.

Prepared by MTA Member Information Services Staff, June 2005