HB-4522,As Passed House,May 21, 2003

SUBSTITUTE FOR

HOUSE BILL NO. 4522

                                                                             A bill to amend 1954 PA 116, entitled                                             

"Michigan election law,"                                                    

by amending sections 826, 845, and 933 (MCL 168.826, 168.845, and           

168.933), as amended by 1999 PA 217, and by adding section 848.             

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 826.  (1) Except as otherwise provided in this                         

2   subsection, the board of county canvassers shall determine and              

3   declare the result of the election for county and local officers,           

4   and for all county and local ballot questions.  If a city or                

5   township has more than 5 precincts, the board of city or township           

6   canvassers shall canvass votes for city or township officers and            

7   ballot questions.  If a state senatorial or representative                  

8   district is located solely within 1 county, the board of county             

9   canvassers shall determine and declare the result of the election           

10  for that office.  Upon making the determination under this                  

1   subsection, the board of county canvassers shall prepare a                  

2   certificate of determination and deliver the properly certified             

3   certificate of determination to the county clerk.  If the                   

4   determination relates to a state senatorial or representative               

5   district located solely within 1 county, the board of county                

6   canvassers shall also deliver the properly certified certificate            

7   of determination to the board of state canvassers.                          

8       (2) Upon receipt of a properly certified certificate of                     

9   determination from a board of county canvassers  pursuant to

10  under subsection (1), the county clerk shall file the certificate           

11  in his or her office.  The county clerk may  cause have a                  

12  statement of the total county or district votes cast for the                

13  various candidates and the total vote cast for and against the              

14  various ballot questions at the election to be published in at              

15  least 1 newspaper printed or circulated in that county.  The                

16  county clerk shall immediately execute and deliver to the persons           

17  declared elected, a properly certified certificate of election.             

18  (3) Each elected candidate who has been issued a certificate                

19  of election under subsection (2) shall file an affidavit with the           

20  county clerk.  All of the following apply to the affidavit:                 

21      (a) The affidavit shall certify that, as of the date of the                 

22  affidavit, all statements, reports, late filing fees, and fines             

23  required of the candidate or any candidate committee organized to           

24  support the candidate's election under the Michigan campaign                

25  finance act, 1976 PA 388, MCL 169.201 to 169.282, have been filed           

26  or paid.                                                                    

27      (b) The affidavit shall be filed with the county clerk before               

1   the elected candidate assumes office.                                       

2       (c) The affidavit shall be on a form prescribed by the                      

3   secretary of state and shall include a statement that the                   

4   candidate acknowledges that making a false statement in the                 

5   affidavit is perjury punishable by a fine of up to $1,000.00 or             

6   imprisonment for up to 5 years, or both.                                    

7       (d) An affidavit is not required of any candidate whose                     

8   candidate committee did not receive or expend more than $1,000.00           

9   during the election cycle.                                                  

10      (e) Failure to file the affidavit if required is a                          

11  misdemeanor punishable by a fine of up to $500.00 or imprisonment           

12  for up to 93 days, or both.  Making a false statement in the                

13  affidavit is perjury punishable by a fine of up to $1,000.00 or             

14  imprisonment for up to 5 years, or both.

15      Sec. 845.   (1)  The members of the board of state                          

16  canvassers shall certify as to the correctness of the statement             

17  provided for in section 844 and subscribe their names to the                

18  statement.  The members of the board of state canvassers shall              

19  determine which persons have been duly elected to each office and           

20  which constitutional amendments and propositions, if any, have              

21  been approved or rejected.  The board shall certify the                     

22  determinations and deliver the statement and certificate of                 

23  determinations to the secretary of state.  The secretary of state           

24  shall file and preserve the statement and certificate of                    

25  determinations in his or her office and shall immediately execute           

26  and deliver a certificate of election to each person elected.  If           

27  the secretary of state  has received notice prior to receives              

1   notice before the certificate of determinations  being is issued           

2   that the person to whom the certificate of election is to be                

3   issued died, withdrew from the district, was declared legally               

4   incapacitated by a court having jurisdiction, or submitted to the           

5   secretary of state an affidavit declaring that person's intention           

6   to refuse the certificate of election, then the secretary of                

7   state shall not issue a certificate of election and the office              

8   shall be declared vacant as of the commencement of the term of              

9   office to which that person would otherwise have been elected.              

10  The secretary of state shall also publish any amendment to the              

11  constitution  which has been that is approved and ratified with            

12  the laws enacted by the legislature at its next succeeding                  

13  session.                                                                    

14  (2) Each elected candidate who has been issued a certificate                

15  of election under subsection (1) shall file an affidavit with the           

16  secretary of state.  All of the following apply to the                      

17  affidavit:                                                                  

18      (a) The affidavit shall certify that, as of the date of the                 

19  affidavit, all statements, reports, late filing fees, and fines             

20  required of the person or any candidate committee organized to              

21  support the person's election under the Michigan campaign finance           

22  act, 1976 PA 388, MCL 169.201 to 169.282, have been filed or                

23  paid.                                                                       

24      (b) The affidavit shall be filed with the secretary of state                

25  before the elected person assumes office.                                   

26      (c) The affidavit shall be on a form prescribed by the                      

27  secretary of state and shall include a statement that the elected           

1   person acknowledges that making a false statement in the                    

2   affidavit is perjury punishable by a fine of up to $1,000.00 or             

3   imprisonment for up to 5 years, or both.                                    

4       (d) An affidavit is not required of any elected person whose                

5   candidate committee did not receive or expend more than $1,000.00           

6   during the election cycle.                                                  

7       (e) Failure to file the affidavit if required is a                          

8   misdemeanor punishable by a fine of up to $500.00 or imprisonment           

9   for up to 93 days, or both.  Making a false statement in the                

10  affidavit is perjury punishable by a fine of up to $1,000.00 or             

11  imprisonment for up to 5 years, or both.

12  Sec. 848.  (1) Each elected candidate subject to the                        

13  Michigan campaign finance act, 1976 PA 388, MCL 169.201 to                  

14  169.282, and whose candidate committee received or expended more            

15  than $1,000.00 during the election cycle shall file a                       

16  postelection statement with the filing official designated to               

17  receive the elected candidate's candidate committee campaign                

18  statements under section 36 of the Michigan campaign finance act,           

19  1976 PA 388, MCL 169.236.  All of the following apply to a                  

20  postelection statement required by this section:                            

21      (a) The postelection statement must be on a form prescribed                 

22  by the secretary of state.                                                  

23      (b) The elected candidate shall file the postelection                       

24  statement before the elected candidate assumes office.                      

25      (c) The postelection statement shall include an attestation                 

26  signed by the elected candidate that, as of the date of the                 

27  postelection statement, all statements, reports, late filing                

1   fees, and fines required of the candidate or a candidate                    

2   committee organized to support the candidate's election under the           

3   Michigan campaign finance act, 1976 PA 388, MCL 169.201 to                  

4   169.282, have been filed or paid.                                           

5       (d) The postelection statement shall include an attestation                 

6   signed by the elected candidate acknowledging that making a false           

7   statement in a postelection statement is punishable by a fine of            

8   not more than $1,000.00 or imprisonment for not more than 5                 

9   years, or both.                                                             

10      (2) Failure to file a postelection statement as required by                 

11  subsection (1) is a misdemeanor punishable by a fine of not more            

12  than $500.00 or imprisonment for not more than 93 days, or both.            

13      (3) Making a false statement in a postelection statement                    

14  required under subsection (1) is perjury, punishable as provided            

15  in section 936.

16      Sec. 933.  A person who makes a false affidavit or swears                   

17  falsely while under oath under section  826(3) 848 or for the              

18  purpose of securing registration, for the purpose of voting at an           

19  election, or for the purpose of qualifying as a candidate for               

20  elective office under section 558 is guilty of perjury.