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.>>