SB-0021, As Passed Senate, March 4, 2009
SUBSTITUTE FOR
SENATE BILL NO. 21
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 413 (MCL 168.413), as amended by 1999 PA 218.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 413. (1) To obtain the printing of the name of a person
as a candidate for nomination for the office of judge of the
circuit court upon the official nonpartisan primary ballots, there
shall be filed with the secretary of state nominating petitions
containing the signatures, addresses, and dates of signing of a
number of qualified and registered electors residing in the
judicial circuit as determined under section 544f or by the filing
of an affidavit according to section 413a. The secretary of state
shall receive the nominating petitions up to 4 p.m. of the
fourteenth
Tuesday preceding before the primary. The provisions of
sections 544a and 544b apply.
(2) If a candidate for nomination for the office of judge of
the circuit court receives incorrect or inaccurate written
information from the secretary of state or the bureau of elections
concerning the number of nominating petition signatures required
under section 544f and that incorrect or inaccurate written
information is published or distributed by the secretary of state
or the bureau of elections, the candidate may bring an action in a
court of competent jurisdiction for equitable relief. A court may
grant equitable relief to a candidate under this subsection if all
of the following occur:
(a) The candidate brings the action for equitable relief
within 6 days after the candidate is notified by the secretary of
state or the bureau of elections that the candidate's nominating
petition contains insufficient signatures.
(b) The candidate files an affidavit certifying that he or she
contacted and received from the secretary of state or the bureau of
elections incorrect or inaccurate written information concerning
the number of nominating petition signatures required under section
544f.
(c) The secretary of state or the bureau of elections
published or distributed the incorrect or inaccurate written
information concerning the number of nominating petition signatures
required under section 544f before the filing deadline under
subsection (1).
(d) The secretary of state or bureau of elections did not
inform the candidate at least 14 days before the filing deadline
Senate Bill No. 21 as amended March 4, 2009
under subsection (1) that incorrect or inaccurate written
information concerning the number of nominating petition signatures
required under section 544f had been published or distributed.
(3) If a court grants equitable relief to a candidate under
subsection (2), the candidate shall be given the opportunity to
obtain additional nominating petition signatures to meet the
requirements under section 544f. The additional nominating petition
signatures obtained by a candidate shall be filed with the
secretary of state no later than 4 p.m. on the fifth business day
after the date that the court order granting equitable relief is
filed. <<
(4) The nominating petition signatures filed pursuant to this
section are subject to challenge as provided in section 552.>>