January 27, 2009, Introduced by Senator STAMAS and referred to the Committee on Judiciary.
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 information from
the secretary of state, the bureau of elections, or a local
election official concerning the number of nominating petition
signatures required under section 544f, 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 number of valid nominating petition signatures
submitted by the candidate before the filing deadline under
subsection (1) is within 20% of the minimum number of nominating
petition signatures actually required under section 544f.
(b) The candidate files an affidavit certifying that he or she
contacted and received from the secretary of state, the bureau of
elections, or a local election official incorrect or inaccurate
information concerning the number of nominating petition signatures
required under section 544f.
(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 of the court order granting equitable relief.