April 28, 2010, Introduced by Senators CROPSEY, McMANUS, KUIPERS and BISHOP and referred to the Committee on Campaign and Election Oversight.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 395 (MCL 168.395).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
395. Whenever a candidate of a political party, after
having
been nominated to the office of justice of the supreme court
or
having filed an affidavit according to section 392a, shall die,
withdraw,
remove from the state, or become disqualified for any
reason,
the state central committee of any party which is thereby
left
without a candidate nominated or indorsed by that party shall
meet
forthwith and, by a majority vote of the members thereof,
shall
select a candidate to fill the vacancy thereby caused. The
name
of the candidate so selected shall be immediately certified by
the
chairman and the secretary of said committee to the secretary
of
state and to the board of election commissioners for each
county,
whose duty it is to prepare the official ballots, and said
board
shall cause to be printed or placed upon said ballots, in the
proper
place, the name of the candidate so selected to fill the
vacancy.
(1) The candidates for the office of justice of the supreme
court receiving the largest number of votes at any primary
election, to a number equal to twice the number of persons to be
elected as set forth in the report of the board of state
canvassers, based on the returns from the various county boards of
canvassers and election precincts or as determined by the board of
state canvassers as the result of a recount, shall be declared the
nominees for the office at the next general election. The board of
state canvassers shall certify the nomination to the county
election commissions.
(2) If, after the deadline for filing nominating petitions
under section 392, there are fewer candidates for nomination or
nominees for the office of justice of the supreme court than there
are persons to be elected at the general November election because
of the death or disqualification of a candidate more than 65 days
before the general November election, then a person, whether or not
an incumbent, may qualify as a nominee for that office at the
general November election by filing nominating petitions as
required by section 392. However, the filing shall be made before 4
p.m. on the twenty-first day following the death or
disqualification of the candidate or 4 p.m. on the sixtieth day
preceding the general November election, whichever is earlier, and
the minimum number of signatures required is 1/2 the minimum number
required under section 392.
(3) The secretary of state shall certify the nomination of
each person who qualifies as a nominee under subsection (2) to the
board of election commissioners specified by section 687 for the
general November election.
(4) Except as otherwise provided in subsection (5), a justice
or justices of the supreme court shall be elected at the general
election in which justices of the supreme court are to be elected
as provided by law.
(5) If there are fewer nominees for the office of justice of
the supreme court than there are persons to be elected at the
general November election because of the death or disqualification
of a nominee less than 66 days before the general November
election, then a person shall not be elected at that general
November election to any office of justice of the supreme court for
which there is no nominee.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No. 1296.
(b) Senate Bill No. 1297.
(c) Senate Bill No. 1298.
(d) Senate Bill No. 1300.