HOUSE BILL No. 6276

 

June 24, 2008, Introduced by Rep. Wojno and referred to the Committee on Ethics and Elections.

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending section 737a (MCL 168.737a), as amended by 2006 PA 87.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 737a. (1) Except as otherwise provided in this section,

 

the board of election inspectors shall not count a write-in vote

 

for a person unless that person has filed a declaration of intent

 

to be a write-in candidate as provided in this section. The write-

 

in candidate shall file the declaration of intent to be a write-in

 

candidate with the filing official for that elective office on or

 

before 4 p.m. on the second Friday immediately before the election.

 

The secretary of state, immediately after the 4 p.m. filing

 

deadline under this subsection, shall prepare and have delivered a

 


list of all persons who have filed a declaration of intent to be a

 

write-in candidate under this subsection, if any, to the

 

appropriate county clerks. A filing official other than the

 

secretary of state who receives a declaration of intent to be a

 

write-in candidate or list of persons who filed a declaration of

 

intent from another filing official under this subsection shall

 

prepare and have delivered a list of all persons who have filed a

 

declaration of intent to be a write-in candidate to the board of

 

election inspectors in the appropriate precincts before the close

 

of the polls on election day.

 

     (2) If a candidate whose name is printed on the official

 

ballot for the election dies or is otherwise disqualified on or

 

after the Wednesday immediately before the election, the

 

requirement of filing a declaration of intent to be a write-in

 

candidate under subsection (1) does not apply to a write-in

 

candidate. If a death or disqualification has occurred as described

 

in this subsection, the board of election inspectors shall count

 

all write-in votes for write-in candidates for the office sought by

 

the deceased or disqualified candidate.

 

     (3) Subsections (1) and (2) do not apply to a write-in

 

candidate for precinct delegate. The board of election inspectors

 

shall not count a write-in vote for a write-in candidate for

 

precinct delegate unless that candidate has filed a declaration of

 

intent to be a write-in candidate as provided in this subsection. A

 

write-in candidate for precinct delegate shall file a declaration

 

of intent to be a write-in candidate with the appropriate city or

 

township clerk for that precinct on or before 4 p.m. on the Friday

 


immediately before the election or with the board of election

 

inspectors in the appropriate precinct before the close of the

 

polls on election day. A city or township clerk who receives a

 

declaration of intent to be a write-in candidate from a write-in

 

candidate for precinct delegate under this subsection shall prepare

 

and have delivered a list of all persons who have filed a

 

declaration of intent to be a write-in candidate to the board of

 

election inspectors in the appropriate precincts before the close

 

of the polls on election day.

 

     (3) (4) The secretary of state shall prescribe forms for the

 

declaration of intent to be a write-in candidate. Clerks shall

 

maintain a supply of declaration of intent to be a write-in

 

candidate forms in the clerk's office and make the forms available

 

in the polling places during the August primary for this purpose.

 

The declaration of intent to be a write-in candidate form shall

 

include all of the following information:

 

     (a) The name of the person intending to be a write-in

 

candidate.

 

     (b) The elective office that the person seeks as a write-in

 

candidate.

 

     (c) The residence address of the person seeking elective

 

office as a write-in candidate.

 

     (d) Other information the secretary of state considers

 

appropriate.