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.
Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Friday, September 4, 2026 Page 119 of 479 Courtesy of legislature.mi.gov
(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.§ 168.404Office of supreme court justice; vacancy; appointment; election
en · 1,176 chars · active
Primary source. The text above is the canonical statute body as it appears in this revision of the atlas. Verify against the official gazette before quoting in litigation or formal advice. Spot an error? Suggest a correction.