Sec. 404.
(1) The governor shall appoint a successor to fill the vacancy in the office of justice of the supreme court. The person appointed by the governor shall be considered an incumbent for purposes of this act and shall hold office until 12 noon of January 1 following the next general election, at which a successor is elected and qualified.
(2) At the next general November election held at least 105 days after the vacancy occurs, a person nominated under section 392 shall be elected to fill that office. The person elected shall hold the office for the remainder of the unexpired term.
(3) A candidate receiving the highest number of votes for that office who has subscribed to the oath as provided in section 1 of article XI of the state constitution is considered to be elected and qualified even though a vacancy occurs before the time he or she has entered upon the duties of his or her office.
History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 1955, Act 271, Imd. Eff. June 30, 1955 ;-- Am. 1963, 2nd Ex. Sess., Act 61, Imd. Eff. Dec. 27, 1963 ;-- Am. 1970, Act 10, Imd. Eff. Mar. 31, 1970 ;-- Am. 1999, Act 218, Eff. Mar. 10, 2000 Popular Name: Election Code
Structure Michigan Compiled Laws
Chapter 168 - Michigan Election Law
Act 116 of 1954 - Michigan Election Law (168.1 - 168.992)
116-1954-XVIII - Chapter XVIII Justices of the Supreme Court (168.391...168.406)
Section 168.391 - Office of Justice of Supreme Court; Eligibility.
Section 168.392 - Candidates for Justice of Supreme Court; Nomination at Fall State Convention.
Section 168.394 - Candidates for Justice of Supreme Court; Withdrawal; Notice.
Section 168.396 - Supreme Court Justices; Election.
Section 168.397 - Supreme Court Justices; Certificate of Determination by Board of State Canvassers.
Section 168.398 - Supreme Court Justices; Certificate of Election.
Section 168.399 - Supreme Court Justices; Term of Office.
Section 168.400 - Supreme Court Justices; Oath of Office, Deposit.
Section 168.401 - Supreme Court Justices; Resignation, Notice.
Section 168.402 - Supreme Court Justices; Vacancy, Creation.
Section 168.404 - Office of Supreme Court Justice; Vacancy; Appointment; Election.
Section 168.405 - Supreme Court Justices; Election, Recount of Votes.
Section 168.406 - Supreme Court Justices; Not Subject to Recall.