September 14, 2004, Introduced by Senators CASSIS, BIRKHOLZ, TOY and JACOBS and referred to the Committee on Government Operations.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 71, 161, 191, 281, 321, 342, 381, 391, 409,
411, 426b, 431, and 467 (MCL 168.71, 168.161, 168.191, 168.281,
168.321, 168.342, 168.381, 168.391, 168.409, 168.411, 168.426b,
168.431, and 168.467), sections 71, 161, 191, 281, 342, 391, 409,
411, 426b, 431, and 467 as amended by 1999 PA 218, section 321 as
amended by 2003 PA 302, and section 381 as amended by 2004 PA
290.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 71. (1) A
person shall is not be eligible to for
2 the offices of secretary of state or attorney general if the
3 person is not a registered and qualified elector of this state
4 by not less than 30 days before the date the
person is
5 nominated for the office.
1 (2) A person who has been convicted of a violation of section
2 12a(1) of 1941 PA 370,
MCL 38.412a, shall is not be eligible
3 to for the offices of secretary of state or
attorney general
4 for a period of 20 years after conviction.
5 Sec. 161. (1) A
person shall is not be eligible to
6 for the office of state senator or representative unless the
7 person is a citizen of the United States and, by not less than 30
8 days before the filing deadline, a registered and qualified
9 elector of the district
he or she represents, by the filing
10 deadline, as provided in section 7 of article 4 IV
of the
11 state constitution of 1963.
12 (2) A person who has been convicted of a violation of section
13 12a(1) of 1941 PA 370,
MCL 38.412a, shall is not be eligible
14 to for the office of state senator or
representative for a
15 period of 20 years after conviction.
16 Sec. 191. (1) A
person shall is not be eligible to
17 for the office of county clerk, county treasurer, register of
18 deeds, prosecuting attorney, sheriff, drain commissioner,
19 surveyor, or coroner if the person is not a registered and
20 qualified elector of the
county in which election is sought by
21 not less than 30 days before the filing deadline.
22 (2) A person who has been convicted of a violation of section
23 12a(1) of 1941 PA 370,
MCL 38.412a, shall is not be eligible
24 to for any of the offices enumerated in this
section for a
25 period of 20 years after conviction.
26 Sec. 281. (1) A
person shall is not be eligible to
27 for membership on the state board of education, the board of
1 regents of the university of Michigan, the board of trustees of
2 Michigan state university, or the board of governors of Wayne
3 state university if the person is not a registered and qualified
4 elector of this state on
not less than 30 days before the date
5 the person is nominated for the office.
6 (2) A person who has been convicted of a violation of section
7 12a(1) of 1941 PA 370,
MCL 38.412a, shall is not be eligible
8 to for membership on any of the boards enumerated
in this
9 section for a period of 20 years after conviction.
10 Sec. 321. (1) Except as provided in this subsection,
11 subsection (3), and sections 327, 641, 642, 642a, and 644g, the
12 qualifications, nomination, election, appointment, term of
13 office, and removal from office of a city officer shall be in
14 accordance with the charter provisions governing the city. In
15 addition to the charter provisions, a person is not eligible for
16 a city office if the person is not a registered and qualified
17 elector of the city in which election is sought not less than 30
18 days before the filing deadline or date of appointment to the
19 office.
20 (2) Within 3 days after the last day on which a candidate for
21 a city office may withdraw, the city clerk shall deliver to the
22 county clerk of the county in which the city is located a list
23 setting forth the name and address of each candidate for a city
24 office.
25 (3) If the membership of the legislative body of a city
26 governed by the home rule city act, 1909 PA 279, MCL 117.1 to
27 117.38, is reduced to less than a quorum, unless another method
1 of appointing members of the legislative body is provided by the
2 city charter, members of the legislative body are appointed as
3 provided in this subsection. The board of county election
4 commissioners of the county in which the largest portion of the
5 population of the city resides shall appoint the number of
6 members of the legislative body required to constitute a quorum
7 for the transaction of business by the legislative body. A
8 member of the legislative body appointed under this subsection
9 shall hold the office only until the member's successor is
10 elected and qualified. The successor shall be elected at a
11 special or regular election on the next regular election date
12 that is not less than 60 days after the appointment is made. The
13 successor shall serve for the balance of the unexpired term. A
14 member who is appointed under this subsection shall not vote on
15 the appointment of himself or herself to an elective or
16 appointive city office.
17 (4) Notwithstanding another provision of law or charter to
18 the contrary, an appointment to an elective or appointive city
19 office made by a quorum constituted by appointments under this
20 section expires upon the election and qualification of a
21 sufficient number of members of the legislative body so that the
22 elected members constitute a quorum.
23 Sec. 342. (1) A
person shall is not be eligible to
24 for a township office unless the person is a registered and
25 qualified elector of the township in which election is sought
26 by not less than 30 days before the filing
deadline. A person
27 shall is not be eligible for membership on
the board of
1 review unless, in addition to the qualifications for eligibility
2 to a township office, the person is a landowner and taxpayer in
3 the township.
4 (2) A person who has been convicted of a violation of section
5 12a(1) of 1941 PA 370,
MCL 38.412a, shall is not be eligible
6 for election or appointment to an elective or appointive township
7 office for a period of 20 years after conviction.
8 Sec. 381. (1) Except as provided in subsection (2) and
9 sections 383, 641, 642, and 644g, the qualifications, nomination,
10 election, appointment, term of office, and removal from office of
11 a village officer shall be as determined by the charter
12 provisions governing the village. In addition to the charter
13 provisions, a person is not eligible for a village office if the
14 person is not a registered and qualified elector of the village
15 in which election is sought not less than 30 days before the
16 filing deadline or date of appointment to the office.
17 (2) If the membership of the village council of a village
18 governed by the general law village act, 1895 PA 3, MCL 61.1 to
19 74.25, is reduced to less than a quorum of 4 and a special
20 election for the purpose of filling all vacancies in the office
21 of trustee is called under section 13 of chapter II of the
22 general law village act, 1895 PA 3, MCL 62.13, temporary
23 appointments of trustees shall be made as provided in this
24 subsection. The board of county election commissioners of the
25 county in which the largest portion of the population of the
26 village is situated shall make temporary appointment of the
27 number of trustees required to constitute a quorum for the
1 transaction of business by the village council. A trustee
2 appointed under this subsection shall hold the office only until
3 the trustee's successor is elected and qualified. A trustee who
4 is temporarily appointed under this subsection shall not vote on
5 the appointment of himself or herself to an elective or
6 appointive village office.
7 (3) Notwithstanding another provision of law or charter to
8 the contrary, an appointment to an elective or appointive village
9 office made by a quorum constituted by temporary appointments
10 under this subsection expires upon the election and qualification
11 of trustees under the special election called to fill the
12 vacancies in the office of trustee.
13 Sec. 391. (1) A
person shall is not be eligible to
14 for the office of justice of the supreme court unless the person
15 is a registered and
qualified elector of this state by not less
16 than 30 days before the filing deadline or the date the person
17 files the affidavit of candidacy, is licensed to practice law in
18 this state, and at the time of election or appointment is less
19 than 70 years of age.
20 (2) A person who has been convicted of a violation of section
21 12a(1) of 1941 PA 370,
MCL 38.412a, shall is not be eligible
22 for election or appointment to the office of justice of the
23 supreme court for a period of 20 years after conviction.
24 Sec. 409. (1) A
person shall is not be eligible for the
25 office of judge of the court of appeals unless the person is a
26 registered and qualified elector of the appellate court district
27 in which election is
sought by not less than 30 days before the
1 filing deadline or the date the person files the affidavit of
2 candidacy, is licensed to practice law in this state, and, at the
3 time of election or appointment, is less than 70 years of age.
4 (2) A person who has been convicted of a violation of section
5 12a(1) of 1941 PA 370,
MCL 38.412a, shall is not be eligible
6 for election or appointment to the office of judge of the court
7 of appeals for a period of 20 years after conviction.
8 Sec. 411. (1) A
person shall is not be eligible to
9 for the office of judge of the circuit court unless the person is
10 a registered and qualified elector of the judicial circuit in
11 which election is sought by
not less than 30 days before the
12 filing deadline or the date the person files the affidavit of
13 candidacy, as provided in
section 11 22 of article VI of the
14 state constitution of 1963, is licensed to practice law in this
15 state, and, at the time of election, is less than 70 years of
16 age.
17 (2) A person who has been convicted of a violation of section
18 12a(1) of 1941 PA 370,
MCL 38.412a, shall is not be eligible
19 for election or appointment to the office of judge of the circuit
20 court for a period of 20 years after conviction.
21 Sec. 426b. (1) A
person shall is not be eligible to
22 for the office of judge of a municipal court of record as
23 described in section 426a unless the person is a registered and
24 qualified elector of the municipality in which election is sought
25 by not less than 30 days before the filing
deadline or the date
26 the person files the affidavit of candidacy, is licensed to
27 practice law in this state, and, at the time of election, is less
1 than 70 years of age.
2 (2) A person who has been convicted of a violation of section
3 12a(1) of 1941 PA 370,
MCL 38.412a, shall is not be eligible
4 for election or appointment to the office of judge of a municipal
5 court of record as described in section 426a for a period of 20
6 years after conviction.
7 Sec. 431. (1) A
person shall is not be eligible to
8 for the office of judge of probate unless the person is a
9 registered and qualified elector of the county in which election
10 is sought by not less than 30 days before the filing deadline or
11 the date the person files the affidavit of candidacy, as provided
12 in section 16 22
of article VI of the state constitution of
13 1963, is licensed to practice law in this state except as
14 provided in section 7 of the schedule and temporary provisions of
15 the state constitution of 1963, and, at the time of election, is
16 less than 70 years of age.
17 (2) A person who has been convicted of a violation of section
18 12a(1) of 1941 PA 370,
MCL 38.412a, shall is not be eligible
19 for election or appointment to the office of judge of probate for
20 a period of 20 years after conviction.
21 Sec. 467. (1) A
person shall is not be eligible for the
22 office of judge of the district court unless the person is a
23 registered and qualified elector of the judicial district and
24 election division in
which election is sought by not less than
25 30 days before the filing deadline or the date the person files
26 the affidavit of candidacy, is licensed to practice law in this
27 state, and, at the time of election or appointment, is less than
1 70 years of age.
2 (2) A person who has been convicted of a violation of section
3 12a(1) of 1941 PA 370,
MCL 38.412a, shall is not be eligible
4 for election or appointment to the office of judge of the
5 district court for a period of 20 years after conviction.