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 433 (MCL 168.433), as amended by 1999 PA 218.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 433. (1) To obtain the printing of the name of a person
as a candidate for nomination for the office of judge of probate
upon the official nonpartisan primary ballots, there shall be filed
with the county clerk of each county nominating petitions
containing the signatures, addresses, and dates of signing of a
number of qualified and registered electors residing in the county
as determined under section 544f or by the filing of an affidavit
according to section 433a. The county clerk shall receive
nominating petitions up to 4 p.m. on the fourteenth Tuesday
preceding
before the August primary. The provisions of sections
544a and 544b apply.
(2) Nominating petitions filed under this section are valid
only if they clearly indicate for which of the following offices
the candidate is filing, consistent with section 435a(2):
(a) An unspecified existing judgeship for which the incumbent
judge is seeking election.
(b) An unspecified existing judgeship for which the incumbent
judge is not seeking election.
(c) A new judgeship.
(3) A person who files nominating petitions for election to
more than 1 probate judgeship shall have not more than 3 days
following the close of filing to withdraw from all but 1 filing.
(4) In a primary and general election for 2 or more judgeships
where more than 1 of the categories in subsection (2) could be
selected, a candidate shall apply to the bureau of elections for a
written statement of office designation to correspond to the
judgeship sought by the candidate. The office designation provided
by the secretary of state shall be included in the heading of all
nominating petitions. Nominating petitions containing an improper
office designation are invalid.
(5) The secretary of state shall issue an office designation
of incumbent position for any judgeship for which the incumbent
judge is eligible to seek reelection. If an incumbent judge does
not file an affidavit of candidacy by the deadline, the secretary
of state shall notify all candidates for that office that a
nonincumbent position exists. All nominating petitions circulated
for
the nonincumbent position subsequent to after the deadline
shall bear an office designation of nonincumbent position. All
signatures
collected prior to before the affidavit of candidacy
filing deadline may be filed with the nonincumbent nominating
petitions.
(6) If a candidate for nomination for the office of judge of
probate 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.
(7) If a court grants equitable relief to a candidate under
subsection (6), 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 county
clerk no later than 4 p.m. on the fifth business day after the date
of the court order granting equitable relief.