SENATE BILL No. 23

 

 

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.