SB-0624, As Passed Senate, August 22, 2007
June 27, 2007, Introduced by Senators McMANUS, BROWN, HARDIMAN and BISHOP and referred to the Committee on Campaign and Election Oversight.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 613a, 614a, 615a, 624g, 641, and 759a (MCL
168.613a, 168.614a, 168.615a, 168.624g, 168.641, and 168.759a),
section 613a as amended by 2003 PA 13, sections 614a and 615a as
amended by 1999 PA 72, section 624g as amended by 1990 PA 7,
section 641 as amended by 2005 PA 71, and section 759a as amended
by 2006 PA 605, and by adding sections 615c and 759c; and to repeal
acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
613a. (1) Except in 2004 when no statewide presidential
primary
shall be conducted as
otherwise provided in subsection (2)
Senate Bill No. 624 as amended August 22, 2007
or (3), a statewide presidential primary election shall be
conducted under this act on <<January 15, 2008.
on
the fourth Tuesday in February in each presidential
election
year.>>
(2) The chairpersons of the participating political parties
may change the date of the statewide presidential primary election
as provided in this subsection. In order to change the date of the
statewide presidential primary election, each participating
political party chairperson shall file an affidavit with the
secretary of state no later than 4 p.m. on September 15 of the year
before the presidential election year recommending the same date on
which the statewide presidential primary election shall be
conducted. The recommended date shall fall on a Tuesday and shall
be no earlier than the second Tuesday in January and no later than
the fourth Tuesday in February of the presidential election year.
The statewide presidential primary election date shall not be
changed unless each participating political party chairperson
recommends the same date.
(3) The chairpersons of the participating political parties
may agree to cancel the statewide presidential primary election as
provided in this subsection. In order to cancel the statewide
presidential primary election, each participating political party
chairperson shall file an affidavit with the secretary of state no
later than 4 p.m. on September 15 of the year before the
presidential election year recommending the cancellation of the
statewide presidential primary election. The statewide presidential
primary election shall not be canceled unless each participating
political party chairperson agrees to cancel the election.
(4) (2)
A political party that received 5%
or less than 25% of
the
total vote cast nationwide in
this state for the office of
president in the last presidential election shall not participate
in the statewide presidential primary election.
(5) (3)
Except as otherwise provided in subsection (6) and
sections 614a, 615a, 615c, 616a, 624g, and 879a, the statewide
presidential primary election shall be conducted under the
provisions of this act that govern the conduct of general primary
elections.
(6) The delegate selection process after the statewide
presidential primary election shall be held in compliance with the
state and national political party rules, regulations, policies,
and procedures of each participating political party. Each
participating political party shall be the sole and exclusive
arbiter of the applicability and interpretation of its state and
national rules, regulations, policies, and procedures. Nothing in
this section shall be applied in a manner that diminishes or
impairs the state and federal constitutional rights of a
participating political party or gives this state, its political
subdivisions and agencies, or its courts jurisdiction or authority
over the applicability or interpretation of a participating
political party's state or national rules, regulations, policies,
and procedures.
Sec.
614a. (1) Not later than 4
p.m. of the second Friday in
November
of the year before the presidential election, the
secretary
of state shall issue a list of the individuals generally
advocated
by the national news media to be potential presidential
candidates
for each party's nomination by the political parties for
which
a presidential primary election will be held under section
613a.
(1) (2)
Not later than 4 p.m. of the Tuesday following the
second
Friday in November of the year before the presidential
election
on the fourth Tuesday in
September of the year before the
presidential primary, the state chairperson of each political party
for which a presidential primary election will be held under
section 613a shall file with the secretary of state a list of
individuals whom they consider to be potential presidential
candidates for that political party.
(2) (3)
After the issuance of the list under subsection (1)
and
after receipt of the names
from the state chairperson of each
political
party under subsection (2) (1), the secretary of state
shall notify each potential presidential candidate on the lists of
the provisions of this act relating to the statewide presidential
primary election.
Sec. 615a. (1) Except as otherwise provided in this section,
the secretary of state shall cause the name of a presidential
candidate notified by the secretary of state under section 614a to
be printed on the presidential primary ballot under the appropriate
political party heading. A presidential candidate notified by the
secretary of state under section 614a may file an affidavit with
the secretary of state indicating his or her party preference if
different than the party preference contained in the secretary of
state notification and the secretary of state shall cause that
presidential candidate's name to be printed under the appropriate
party heading on the presidential primary ballot. A presidential
candidate notified by the secretary of state under section 614a may
file an affidavit with the secretary of state indicating that he or
she does not wish to have his or her name printed on the
presidential primary ballot and the secretary of state shall not
have that presidential candidate's name printed on the presidential
primary ballot. A presidential candidate shall file an affidavit
described in this subsection with the secretary of state no later
than
4 p.m. on the second Friday in December of the year before the
presidential
election year fourth Tuesday
in October of the year
before the presidential primary or the affidavit is considered
void.
(2) The name of an individual who is not listed as a potential
presidential candidate under section 614a shall be printed on the
ballot for the presidential primary under the appropriate political
party heading if he or she files a nominating petition with the
secretary
of state no later than 4 p.m. on the second Friday in
December
of the year before the presidential election year twelfth
Tuesday before the statewide presidential primary election. The
nominating petition shall contain valid signatures of registered
and qualified electors equal to not less than 1/2 of 1% of the
total votes cast in the state at the previous presidential election
for the presidential candidate of the political party for which the
individual is seeking this nomination. However, the total number of
signatures required on a nominating petition under this subsection
shall not exceed 1,000 times the total number of congressional
districts in this state. A signature on a nominating petition is
not
valid if obtained before October 1 August 15 of the year before
the presidential election year in which the individual seeks
nomination. To be valid, a nominating petition must conform to the
requirements of this act regarding nominating petitions, but only
to the extent that those requirements do not conflict with the
requirements of this subsection.
(3) The names of the presidential candidates under each
political party heading shall be rotated on the ballot by precinct.
The ballot shall contain a space for an elector to vote
uncommitted.
Sec. 615c. (1) In order to vote at a statewide presidential
primary election, an elector shall indicate, in a manner prescribed
by the secretary of state, in which political party primary he or
she wishes to vote.
(2) An elector shall not be challenged at a statewide
presidential primary election based solely upon which political
party's primary the elector chooses to vote in.
(3) The secretary of state shall develop a procedure for city
and township clerks to use when keeping a separate record at a
statewide presidential primary election that contains the printed
name, address, and qualified voter file number of each elector and
the political party primary in which that elector chooses to vote.
(4) Except as otherwise provided in this section, the
information acquired or in the possession of a public body
indicating in which political party primary an elector chose to
vote during a statewide presidential primary election is
confidential, exempt from disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not
be disclosed to any person for any reason.
(5) To ensure compliance with the state and national political
party rules of each participating political party, the records
described in subsection (3) shall be provided to the chairperson of
each participating political party as set forth in subsection (6).
(6) Within 70 days after the presidential primary election,
the secretary of state shall provide to the chairperson of each
participating political party a file of the records of each
participating political party developed under subsection (3). The
secretary of state may set a schedule for county, city, and
township clerks to submit data or documents required under
subsection (3). The secretary of state and county, city, and
township clerks shall destroy the information indicating which
presidential primary ballot each elector requested as recorded in
subsection (3) immediately after the expiration of the 22-month
federal election records retention period.
(7) Except as provided in subsection (8), a participating
political party shall not use the information created under
subsection (3) indicating which presidential primary ballot each
elector requested for any purpose, including a commercial purpose,
and shall not release the information to any other person,
organization, or vendor.
(8) A participating political party may only use the
information created under subsection (3) to support candidates and
ballot proposals endorsed by the political party. A participating
political party may release the information created under
subsection (3) to another person, organization, or vendor for the
purpose of supporting that political party's endorsed candidates
and ballot proposals. This subsection does not permit a
participating political party to use the information related to
voters in another political party to support or oppose candidates
or ballot questions.
(9) A participating political party that releases the
information created under subsection (3) to another person,
organization, or vendor shall enter into a contract with the
person, organization, or vendor and the contract shall do all of
the following:
(a) State the information use restrictions.
(b) Specify how and when the information will be used.
(c) Prohibit the use for any other purpose.
(d) Prohibit the retention of the information.
(10) A participating political party shall retain a contract
entered into under subsection (9) for 6 years.
(11) Any person who uses the information indicating which
presidential primary ballot an elector requested for a purpose not
specified in this section is guilty of a misdemeanor punishable by
a fine of $1,000.00 for each voter record that is improperly used
or imprisonment for not more than 93 days, or both.
Sec. 624g. (1) The state shall reimburse each county, city,
and township for the cost of conducting a presidential primary
election. The reimbursement shall not exceed the verified account
of actual costs of the election.
(2) Payment shall be made upon presentation and approval of a
verified account of actual costs to the department of treasury,
local government audit division, after the department of treasury
and the secretary of state agree as to what constitutes valid costs
of conducting an election. Reimbursable costs do not include
salaries of permanent local officials; the cost of reusable
supplies and equipment; or costs attributable to local special
elections held in conjunction with the presidential primary
election. The state shall disapprove costs not in compliance with
this section.
(3)
The state shall also compensate each city and township for
the
processing of voter identification cards required for the sole
purpose
of changing or adding an elector's designation of a
political
party preference or no political party preference.
Compensation
shall not be paid to a city or township for the
processing
of voter identification cards required for original
voter
registration applications or voter registration applications
changing
an elector's address. The secretary of state shall
equitably
distribute funds appropriated to implement this
subsection
upon receipt of an annual verified account of actual
costs
from each city and township stating the number of voter
identification
cards processed as specified by this subsection.
(3) (4)
The legislature shall appropriate from the general
fund
of the this state an amount necessary to implement this
section.
(4) (5)
To qualify for reimbursement, a county, city, or
township shall submit its verified account of actual costs no later
than 90 days after the date of the presidential primary election.
(5) (6)
Not later than 90 days after the state receives a
verified account of actual costs, the state shall pay or disapprove
the verified account.
Sec. 641. (1) Except as otherwise provided in this section and
sections 642 and 642a, beginning January 1, 2005, an election held
under this act shall be held on 1 of the following regular election
dates:
(a) The February regular election date, which is the fourth
Tuesday in February.
(b) The May regular election date, which is the first Tuesday
after the first Monday in May.
(c) The August regular election date, which is the first
Tuesday after the first Monday in August.
(d) The November regular election date, which is the first
Tuesday after the first Monday in November.
(2) If an elective office is listed by name in section 643,
requiring the election for that office to be held at the general
election, and if candidates for the office are nominated at a
primary election, the primary election shall be held on the August
regular election date.
(3) Except as otherwise provided in this subsection and
subsection (4), a special election shall be held on a regular
election date. A special election called by the governor under
section 145, 178, 632, 633, or 634 to fill a vacancy or called by
the legislature to submit a proposed constitutional amendment as
authorized in section 1 of article XII of the state constitution of
1963 may, but is not required to be, held on a regular election
date.
(4) A school district may call a special election to submit a
ballot question to borrow money, increase a millage, or establish a
bond if an initiative petition is filed with the county clerk. The
petition shall be signed by a number of qualified and registered
electors of the district equal to not less than 10% of the electors
voting in the last gubernatorial election in that district or 3,000
signatures, whichever number is lesser. Section 488 applies to a
petition to call a special election for a school district under
this section. In addition to the requirements set forth in section
488, the proposed date of the special election shall appear beneath
the petition heading, and the petition shall clearly state the
amount of the millage increase or the amount of the loan or bond
sought and the purpose for the millage increase or the purpose for
the loan or bond. The petition shall be filed with the county clerk
by 4 p.m. of the twelfth Tuesday before the proposed date of the
special election. The petition signatures shall be obtained within
60 days before the filing of the petition. Any signatures obtained
more than 60 days before the filing of the petition are not valid.
If the special election called by the school district is not
scheduled to be held on a regular election date as provided in
subsection (1), the special election shall be held on a Tuesday. A
special election called by a school district under this subsection
shall not be held within 30 days before or 35 days after a regular
election date as provided in subsection (1). A school district may
only call 1 special election pursuant to this subsection in each
calendar year.
(5) The secretary of state shall make a report to the house
and senate committees that consider election issues by December 1,
2006. The secretary of state shall report about the special
elections held under this subsection, including, but not limited
to, all of the following:
(a) The number of times a special election has been held.
(b) Which school districts have held special elections.
(c) Information about the success rate of the ballot question
submitted at the special elections.
(d) Information about voter turnout, including the percentage
and number of registered voters who voted in each special election.
(6) The February regular election date as provided in
subsection (1) shall be replaced in each presidential election year
by the statewide presidential primary election date established
under section 613a if the statewide presidential primary election
occurs between the second Tuesday in January and the third Tuesday
in February of the presidential election year.
(7) (6)
The secretary of state shall direct and supervise the
consolidation of all elections held under this act.
(8) (7)
This section shall be known and may be cited as the
"Hammerstrom election consolidation law".
Sec. 759a. (1) A member of the armed services or an overseas
voter who is not registered, but possessed the qualifications of an
elector under section 492, may apply for registration by using the
federal postcard application. The department of state, bureau of
elections, is responsible for disseminating information on the
procedures for registering and voting to absent armed services and
overseas voters.
(2) Each of the following persons who is a qualified elector
of a city, village, or township in this state and who is not a
registered voter may apply for an absent voter ballot:
(a) A civilian employee of the armed services outside of the
United States.
(b) A member of the armed services outside of the United
States.
(c) A citizen of the United States temporarily residing
outside the territorial limits of the United States.
(d) A citizen of the United States residing in the District of
Columbia.
(e) A spouse or dependent of a person described in
subdivisions (a) through (d) who is a citizen of the United States
and who is accompanying that person, even though the spouse or
dependent is not a qualified elector of a city, village, or
township of this state, if that spouse or dependent is not a
qualified and registered elector anywhere else in the United
States.
(3) Upon receipt of an application under this section that
complies with this act, a city, village, or township clerk shall
forward to the applicant the absent voter ballots requested, the
forms necessary for registration, and instructions for completing
the forms. If the ballots are not yet available at the time of
receipt of the application, the clerk shall immediately forward to
the applicant the registration forms and instructions, and forward
the ballots as soon as they are available. If the ballots and
registration forms are received before the close of the polls on
election day and if the registration complies with the requirements
of this act, the absent voter ballots shall be delivered to the
proper election board to be voted. If the registration does not
comply with the requirements of this act, the clerk shall retain
the absent voter ballots until the expiration of the time that the
voted ballots must be kept and shall then destroy the ballots
without opening the envelope. The clerk may retain registration
forms completed under this section in a separate file. The address
in this state shown on a registration form is the residence of the
registrant.
(4) The size of a precinct shall not be determined by
registration forms completed under this section.
(5) A member of the armed services or an overseas voter, as
described in subsection (2), who registers to vote by federal
postcard application under subsection (1), and who applies to vote
as an absent voter by federal postcard application is eligible to
vote as an absent voter in any local or state election, including
any school election, occurring in the calendar year in which the
federal postcard application is received by the city, village, or
township clerk, but not in an election for which the application is
received by the clerk after 2 p.m. of the Saturday before the
election. A city or township clerk receiving a federal postcard
application shall transmit to a village clerk and school district
election coordinator, where applicable, the necessary information
to enable the village clerk and school district election
coordinator to forward an absent voter ballot for each applicable
election in that calendar year to the qualified elector submitting
the federal postcard application. A village clerk receiving a
federal postcard application shall transmit to a city or township
clerk, where applicable, the necessary information to enable the
city or township clerk to forward an absent voter ballot for each
applicable election in that calendar year to the qualified elector
submitting the federal postcard application. If the local elections
official rejects a registration or absent voter ballot application
submitted on a federal postcard application by an absent armed
services or overseas voter, the election official shall notify the
armed services or overseas voter of the rejection.
(6) For a presidential primary election to be held under
section 613a, the secretary of state shall do all of the following:
(a) Prescribe procedures for contacting an elector who is
registered or who registers under this section to ascertain his or
her party ballot selection for the presidential primary election.
(b) Prescribe procedures to ensure confidentiality of an
elector's party ballot selection ascertained under this section.
(7) (6)
Under the uniformed and overseas
citizens absentee
voting act, 42 USC 1973ff to 1973ff-6, the state director of
elections shall approve a ballot form and registration procedures
for electors in the armed services and electors outside the United
States, including the spouses and dependents accompanying those
electors.
(8) (7)
As used in this section,
"armed services" means any of
the following:
(a) The United States army, navy, air force, marine corps, or
coast guard.
(b) The United States merchant marine.
(c) A reserve component of an armed service listed in
subdivision (a) or (b).
(d) The Michigan national guard as defined in section 105 of
the Michigan military act, 1967 PA 150, MCL 32.505.
Sec. 759c. For a presidential primary election to be held
under section 613a, the secretary of state shall do all of the
following:
(a) Revise the absent voter ballot application form described
in section 759 or provide a separate form to require that a
presidential primary elector indicate a party ballot selection.
(b) Prescribe procedures to ensure confidentiality of an
elector's party ballot selection.
Enacting section 1. Sections 562b, 618, 619, and 620a of the
Michigan election law, 1954 PA 116, MCL 168.562b, 168.618, 168.619,
and 168.620a, are repealed.