Page:The school law of Michigan.djvu/46

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40
SCHOOL LAW


CHAPTER V.

SCHOOL OFFICERS.

In Primary Districts.

At the first meeting in each newly organized school district there is elected a moderator for a term of three years, a director for a term of two years, and an assessor for a term of one year. By arranging in this way, the term of office of one expires each year and the length of each term is three years.

HOW ELECTED. All school officers must be chosen by ballot to be legally elected. This provision is mandatory and must be observed (75 Mich. 143). All ballots cast under statutory requirements are formal and final. There can be no such thing as an informal ballot. If on a first ballot a person receives a majority of all the votes cast, there is an election and the vote can not be repeated (78 Mich. 635). Officers who were chosen unanimously (viva voce) at a regularly called meeting, and who have qualified and are acting, are officers de facto and the public interest demands that they shall not be disturbed (75 Mich. 143).

PLURALITY VOTE DOES NOT ELECT. School officers cannot be elected by a bare plurality vote. In electing officers the district acts in its corporate capacity, and no corporate action can be had without the concurrence of the majority (Atty. Gen., July 18, 1877).

TRANSACTIONS OF BUSINESS.

The moderator, director, and assessor shall constitute the district board. Meetings of the board may be called by any member thereof, by serving on the other members a written notice of the time and