Is a local ordinance valid if it...
A local ordinance is invalid if it actually conflicts with state law. A conflict exists when the ordinance permits what state law forbids,...
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Does a Deputy Clerk have to be a Resident of the Township?
Elected officials must be residents of the township in which they are seeking office. MCL 168.342 provides that “[a] person is not eligible to a township office unless the person is a registered and qualified elector of the township in which election is sought by the filing deadline.” But, there is no statutory authority that directly addresses the qualifications for appointed officials such as deputy township clerks. Pursuant to MCL 41.69, the deputy clerk serves at the pleasure of the township clerk making the appointment and does not have a vote on the township board. Because a deputy cannot vote, state law does not require that a deputy clerk have the same qualifications as an elected official. Accordingly, a deputy clerk is not required to be a township resident. There are townships that use deputy positions for transitioning elected positions. In such cases, it may be wise to verify whether the deputy is or will become a resident of the township.
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