SENATE BILL No. 21

 

 

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.