SB-0823, As Passed House, June 12, 2012
SUBSTITUTE FOR
SENATE BILL NO. 823
(As amended June 12, 2012)
[A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 22e, 32, 53, 55, 56, 93, 95, 96, 133, 135, 136,
163, 165, 166, 193, 195, 196, 198, 224, 226, 227, 254, 255, 257, 303,
322, 326, 349, 352, 354, 357, 381, 409b, 413, 413a, 426d, 433, 433a,
467b, 467c, 477, 480, 551, 624, 644e, 644f, 712, 737a, and
973 (MCL 168.22e, 168.32, 168.53, 168.55, 168.56, 168.93, 168.95,
168.96, 168.133, 168.135, 168.136, 168.163, 168.165, 168.166, 168.193,
168.195, 168.196, 168.198, 168.224, 168.226, 168.227, 168.254, 168.255,
168.257, 168.303, 168.322, 168.326, 168.349, 168.352, 168.354,
168.357, 168.381, 168.409b, 168.413, 168.413a, 168.426d, 168.433,
168.433a, 168.467b, 168.467c, 168.477, 168.480, 168.551, 168.624,
168.644e, 168.644f, 168.712, 168.737a, and 168.973),
Senate Bill No. 823 (S-2) as amended June 12, 2012
section 22e as added by 1995 PA 261, sections 53,
163, 193, 224, 254, 349, 409b, 413a, 426d, 433a,
467c, 624, and 644f as amended by 1999 PA 218, sections 93 and
133 as amended by 2000 PA 491, section 165 as amended by 1994 PA
152, section 303 as added by 2003 PA 302, section 322 as amended
by 2010 PA 183, section 381 as amended by 2010 PA 184, section
413 as amended by 2009 PA 206, section 433 as amended by 2009 PA
208, section 467b as amended by 2009 PA 207, section 477 as amended by
1999 PA 219, section 551 as amended by 1990 PA 7,
section 644e as amended by 2010 PA 44, and section
737a as amended by 2006 PA 87, and by adding sections 483a, 932c, and
932e; and to repeal acts and parts of acts.]
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
[Sec. 22e. (1) The board of state canvassers shall meet to consider
and approve a statement of the purpose of a proposed constitutional
amendment or other ballot question
prepared pursuant to sections section
32. And 474. The board of state
canvassers shall give not less than 3
full business days' notice to the public of a meeting held under this
subsection. The board of state canvassers shall also give not less than 3
full business days' notice to all of the following:
(a) The legally or generally recognized sponsor of the proposed
constitutional amendment or other ballot question, if any.
(b) The legislative sponsor of the proposed constitutional
amendment or ballot question, if any.
(c) The senate majority leader.
(d) The speaker of the house of representatives.
(e) The minority leaders of the senate and the house of
representatives.
(f) A legislator who does not receive notice under subdivisions
(c), (d), or (e).
(2) The board of state canvassers shall publicly request and allow
a person described in subsection (1)(a) or (b), or a representative of
that person, to address a meeting held under this section.
Sec. 32. (1) There is hereby continued in In the office of the
secretary of state, the bureau of elections created by Act No. 65 of the
Public Acts of 1951, former 1951 PA 65 continues under the supervision of
a director of elections, to be appointed by the secretary of state under
civil service regulations. The director of elections shall be vested with
the powers and shall perform the duties of the secretary of state under
his or her supervision, with respect to the supervision and
administration of the election laws. The director of elections shall be
a nonmember secretary of the state board of canvassers.
(2) The director of elections, with the approval of the state board
of canvassers, shall prepare a statement for designation on the ballot in
not more than 100 words, exclusive of caption, of the purpose of any
proposed amendment or question , to
be submitted to the electors as
required under section 9 of article II, section 34 of article IV, or
section
1 or 2 of article 12 XII of the state constitution of 1963. The
statement shall consist of a true and impartial statement of the purpose
of the amendment or question in such language as shall create no
prejudice for or against the proposed amendment or question. The powers
and duties of the state board of canvassers and the secretary of state
with respect to the preparation of such the statement are hereby
transferred to the director of elections. The secretary of state shall
certify the statement of the purpose of any proposed amendment or
question to be submitted to the electors not later than 60 days before
the date of the election.]
1 Sec. 53. To obtain the printing of the name of a person as a
2 candidate for nomination by a political party for the office of
3 governor under a particular party heading upon the official
4 primary ballots, there shall be filed with the secretary of state
5 nominating petitions signed by a number of qualified and
6 registered electors residing in this state as determined under
7 section 544f. Nominating petitions shall be signed by at least
8 100 registered resident electors in each of at least 1/2 of the
9 congressional districts of the state. Nominating petitions shall
10 be in the form as prescribed in section 544c. Nominating Until
11 December 31, 2013, nominating petitions shall be received by the
12 secretary of state for filing in accordance with this act up to 4
13 p.m. of the twelfth Tuesday preceding before the
August primary.
14 Beginning January 1, 2014, nominating petitions shall be received
1 by the secretary of state for filing in accordance with this act
2 up to 4 p.m. of the fifteenth Tuesday before the August primary.
3 Sec. 55. If, for any reason, there is no candidate of a
4 political party for the office of governor or lieutenant
5 governor, a blank space shall be provided on each of the official
6 primary ballots which will afford that affords every elector
of
7 said the political party an opportunity to vote for a candidate
8 for such those offices by writing in the name of his or her
9 selection. or by the use of a slip or paster.
10 Sec. 56. When any If
a candidate of a political party for
11 the office of governor, after having qualified as a candidate,
12 shall die, dies after the time specified for filing in section
13 53, leaving such the
political party without a candidate for
such
14
that office, a candidate to fill the
vacancy thereby caused may
15 be selected by the state central committee of such that political
16 party, and the name of the candidate so selected shall be
17 transmitted to the county officers , required by law to print and
18 distribute ballots. The name of such the candidate
shall be
19 printed on the ballot, but if the primary ballots have been
20 printed, the county officers shall cause to be printed a
21 sufficient number of gummed labels or stickers bearing the name
22 of such candidate, which have
the ballots reprinted with the
23 candidate's name on the ballots and the reprinted ballots shall
24 be distributed to the various voting precincts in their
25 respective counties. , and the board of election inspectors of
26 each such precinct shall cause 1 of such stickers to be placed on
27 each ballot, over the name of the candidate who has died, before
1 such ballot is handed to the elector.
2 Sec. 93. In order for the name of a person as a candidate
3 for nomination by a political party for the office of United
4 States senator to appear under a particular party heading on the
5 official primary ballot, a nominating petition shall be filed
6 with the secretary of state. The nominating petition shall have
7 been signed by a number of qualified and registered electors
8 residing within this state as determined under section 544f. The
9 nominating petition shall be signed by at least 100 qualified and
10 registered electors in each of at least 1/2 of the congressional
11 districts of this state. Nominating petitions shall be in the
12 form as prescribed in section 544c. The Until December 31, 2013,
13 the nominating petition shall be filed with the secretary of
14 state no later than 4 p.m. of the twelfth Tuesday before the
15 August primary. Beginning January 1, 2014, the nominating
16 petition shall be filed with the secretary of state no later than
17 4 p.m. of the fifteenth Tuesday before the August primary.
18 Sec. 95. When any If
a candidate of a political party for
19 the office of United States senator, after having qualified as a
20 candidate, shall die, dies
after the last day for qualifying,
21 leaving such the
political party without a candidate for
the
22 office of United States senator, a candidate to fill the vacancy
23 thereby caused may be
selected by the state central committee and
24 the name of the candidate so selected shall be transmitted to
the
25 secretary of state and to the county officials required by law to
26 print and distribute ballots.
, and such The name of the
27 candidate shall be printed on the ballots, but if the ballots
1
have been printed, the county officials
shall cause to be printed
2 a sufficient number of gummed labels or stickers bearing the name
3 of the candidate, which have
the ballots reprinted with the
4 candidate's name on the ballots and the reprinted ballots shall
5 be distributed to the various voting precincts within their
6 respective counties. , and the board of election inspectors of
7 each such precinct shall cause 1 of such stickers to be placed on
8 each ballot over the name of the candidate who has died before
9 such ballot is handed to the elector.
10 Sec. 96. If for any reason there is no candidate of a
11 political party for the office of United States senator, a blank
12 space shall be provided on each of the official primary ballots
13 which will afford that
affords every elector of said the
14
political party an opportunity to vote
for a candidate for such
15
that office by writing in the name of
his or her selection. or by
16 the use of a slip or paster.
17 Sec. 133. In order for the name of a person as a candidate
18 for nomination by a political party for the office of
19 representative in congress to appear under a particular party
20 heading on the official primary ballot in the election precincts
21 of a congressional district, a nominating petition shall have
22 been signed by a number of qualified and registered electors
23 residing in the district as determined under section 544f. If
24 Until December 31, 2013, if the congressional district comprises
25 more than 1 county, the nominating petition shall be filed with
26 the secretary of state no later than 4 p.m. of the twelfth
27 Tuesday before the August primary. If Beginning January 1, 2014,
1 if the congressional district comprises more than 1 county, the
2 nominating petition shall be filed with the secretary of state no
3 later than 4 p.m. of the fifteenth Tuesday before the August
4 primary. Until December 31, 2013, if the congressional district
5 is within 1 county, the nominating petition shall be filed with
6 the county clerk of that county no later than 4 p.m. of the
7 twelfth Tuesday before the August primary. Beginning January 1,
8 2014, if the congressional district is within 1 county, the
9 nominating petition shall be filed with the county clerk of that
10 county no later than 4 p.m. of the fifteenth Tuesday before the
11 August primary. Nominating petitions shall be in the form as
12 prescribed in section 544c.
13 Sec. 135. When any If a candidate of a
political party for
14 the office of representative in congress, after having qualified
15 as a candidate, shall die, dies after the last day for
16 qualifying, leaving such the political party without
a candidate
17 for the office of representative in congress, a candidate to fill
18 the vacancy thereby caused may be selected by 3 delegates
elected
19 by a majority of the precinct delegates and nominees for state
20 representative and state senator in a state representative or
21 state senatorial district of the candidate's political party from
22 within the boundaries of the congressional district. In case said
23 If the district comprises more than 1 county, the meeting shall
24 be called and conducted by the chairman chairperson of the state
25 central committee or his or
her authorized representative. ;
the
26
The name of the candidate so selected
shall be transmitted to the
27 county officials required by law to print and distribute ballots.
1 , and such The name
of the candidate shall be printed on the
2 ballots, but if the ballots have been printed, the county
3 officials shall cause to be printed a sufficient number of gummed
4 labels or stickers bearing the name of the candidate, which have
5 the ballots reprinted with the candidate's name on the ballots
6 and the reprinted ballots shall be distributed to the various
7 voting precincts within their respective counties. The board of
8 election inspectors of each such precinct shall cause 1 of such
9 stickers to be placed on each ballot, over the name of the
10 candidate who has died, before such ballot is handed to the
11 elector.
12 Sec. 136. If for any reason there is no candidate of a
13 political party for the office of representative in congress, a
14 blank space shall be provided on each of the official primary
15 ballots which will afford that affords every elector
of said the
16
political party an opportunity to vote
for a candidate for such
17
that office by writing in the name of
his or her selection. or by
18 the use of a slip or paster.
19 Sec. 163. (1) To obtain the printing of the name of a person
20 as a candidate for nomination by a political party for the office
21 of state senator or representative under a particular party
22 heading upon the official primary ballots in the various election
23 precincts of a district, there shall be filed nominating
24 petitions signed by a number of qualified and registered electors
25 residing in the district as determined under section 544f. If the
26 district comprises more than 1 county, the nominating petitions
27 shall be filed with the secretary of state. If the district
1 comprises 1 county or less, the nominating petitions shall be
2 filed with the county clerk of that county. Nominating petitions
3 shall be in the form prescribed in section 544c. The Until
4 December 31, 2013, the secretary of state and the various county
5 clerks shall receive nominating petitions for filing in
6 accordance with this act up to 4 p.m. of the twelfth Tuesday
7 preceding before the August primary. Beginning January 1, 2014,
8 the secretary of state and the various county clerks shall
9 receive nominating petitions for filing in accordance with this
10 act up to 4 p.m. of the fifteenth Tuesday before the August
11 primary.
12 (2) In lieu of filing a nominating petition, a filing fee of
13 $100.00 may be paid to the county clerk or, for a candidate in a
14 district comprising more than 1 county, to the secretary of
15 state. Payment of the fee and certification of the name of the
16 candidate paying the fee shall be governed by the same provisions
17 as in the case of nominating petitions. The fee shall be
18 deposited in the general fund of the county and shall be refunded
19 to candidates who are nominated and to an equal number of
20 candidates who receive the next highest number of votes in the
21 primary election. If 2 or more candidates tie in having the
22 lowest number of votes allowing a refund, the sum of $100.00
23 shall be divided among them. A refund of a deposit shall not be
24 made to a candidate who withdraws as a candidate.
25 Sec. 165. (1) Except as otherwise provided in subsection
26 (2), if If a candidate of a political party for the office of
27 state senator or state representative, as applicable, after
1 having qualified as a candidate, dies after the last day for
2 qualifying as a candidate, leaving the political party without a
3 candidate for the office of state senator or state
4 representative, a candidate to fill the vacancy caused by the
5 death may be selected by 3 delegates elected by a majority of the
6 precinct delegates and nominees for state representative and
7 state senator of the candidate's political party from within the
8 senatorial or representative district. However, if the senatorial
9 or representative district comprises more than 1 county, the
10 meeting shall be called and conducted by the chairperson of the
11 state central committee or his or her authorized representative.
12 The name of the candidate selected pursuant to under this
13 subsection shall be transmitted to the county officials required
14 by law to print and distribute ballots. The county officials
15 shall print the name of the candidate selected pursuant to under
16 this section on the ballot in place of the deceased candidate, or
17 if the ballots are already printed, cause to be printed a
18 sufficient number of gummed labels or stickers bearing the name
19 of the selected candidate. The county officials shall distribute
20 the gummed labels or stickers, if any, have the ballots reprinted
21 with the candidate's name on the ballots and the reprinted
22 ballots shall be distributed to the various voting precincts
23 within their respective county. The board of election inspectors
24 or authorized representatives of the city or township election
25 commission of each precinct shall cause 1 of the gummed labels or
26 stickers to be placed on each ballot, over the name of the
27 candidate who has died, before the ballot is handed to the
1 elector.
2 (2) If an incumbent state senator or state representative
3 who has filed as a candidate for the same office in a district
4 comprising all or a part of the district that the incumbent
5 represents dies on the last day to file as a candidate under
6 section 163 or within 14 days after the last day to file as a
7 candidate, the filing deadline shall be extended and all of the
8 following requirements apply:
9 (a) Not later than 1 business day after the effective date
10 of this subsection or not later than 1 business day after the
11 date of the death of the incumbent candidate, whichever is later,
12 the secretary of the senate or the clerk of the house, as
13 applicable, shall notify the secretary of state of the death of
14 the incumbent candidate. If candidates for the vacant office are
15 required to file with the county clerk, the secretary of state
16 shall immediately notify the county clerk of the death of the
17 incumbent candidate.
18 (b) Upon receipt of the notification under subdivision (a),
19 the appropriate filing official shall remove the deceased
20 incumbent's name from the list of candidates for that office. The
21 filing official shall accept additional filings for that office
22 up to 4 p.m. of the next business day immediately after the day
23 that the filing official received the notification under
24 subdivision (a).
25 (c) Notwithstanding any other provision of this act to the
26 contrary, the following apply to candidates who file for an
27 office pursuant to this subsection:
1 (i) A
candidate who files for an office pursuant to this
2 subsection shall not be permitted to withdraw.
3 (ii) A
candidate who files for an office pursuant to this
4 subsection and who had previously filed as a candidate for
5 another office of state senator or state representative, which
6 offices are to be filled at the same election, is considered to
7 have automatically withdrawn the previous filing.
8 (3) Subsection (2) only applies until December 31, 1994.
9 Sec. 166. If for any reason the number of candidates of a
10 political party for the office of state senator or representative
11 shall be is equal to less than the total number to be nominated
12 and elected, a sufficient number of blank spaces shall be
13 provided on the primary ballots which will afford that affords
14 every elector of said the
political party an opportunity to vote
15 for as many candidates as are to be nominated and elected by
16 writing in the name or names of his or her selection. or
by the
17 use of slips or pasters.
18 Sec. 193. (1) To obtain the printing of the name of a person
19 as a candidate for nomination by a political party for an office
20 named in section 191 under a particular party heading upon the
21 official primary ballots, there shall be filed with the county
22 clerk nominating petitions signed by a number of qualified and
23 registered electors residing within the county as determined
24 under section 544f. Nominating petitions shall be in the form
25 prescribed in section 544c. The Until December 31, 2013, the
26 county clerk shall receive nominating petitions up to 4 p.m. of
27 the twelfth Tuesday preceding before the August primary.
1 Beginning January 1, 2014, the county clerk shall receive
2 nominating petitions up to 4 p.m. of the fifteenth Tuesday before
3 the August primary.
4 (2) To obtain the printing of the name of a candidate of a
5 political party under the particular party's heading upon the
6 primary election ballots in the various voting precincts of the
7 county, there may be filed by the candidate, in lieu of filing
8 nomination petitions, a filing fee of $100.00 to be paid to the
9 county clerk. Payment of the fee and certification of the
10 candidate's name paying the fee shall be governed by the same
11 provisions as in the case of nominating petitions. The fee shall
12 be deposited in the general fund of the county and shall be
13 refunded to candidates who are nominated and to an equal number
14 of candidates who receive the next highest number of votes in the
15 primary election. If 2 or more candidates tie in having the
16 lowest number of votes allowing a refund, the sum of $100.00
17 shall be divided among them. The deposits of all other defeated
18 candidates, as well as the deposits of candidates who withdraw or
19 are disqualified, shall be forfeited and the candidates shall be
20 notified of the forfeiture. Deposits forfeited under this section
21 shall be paid into and credited to the general fund of the
22 county.
23 Sec. 195. When any If a candidate of a
political party for
24 any of the following offices: Prosecuting prosecuting attorney,
25 sheriff, county clerk, county treasurer, register of deeds, drain
26 commissioner, coroner, or surveyor, as the case may be, after
27 having qualified as a candidate, shall die, dies after
the last
1 day for qualifying, leaving such the political party without
a
2 candidate for the offices named above, that office, a candidate
3 to fill the vacancy thereby caused may be selected by the
members
4 of the county committee of such the candidate's political
party,
5 and the name of the candidate so selected shall be transmitted
to
6 the county officials required by law to print and distribute
7 ballots. , and such The name of the candidate shall be printed on
8 the ballots, but if the ballots have been printed, the county
9 officials shall cause to be printed a sufficient number of gummed
10 labels or stickers bearing the name of the candidate which have
11 the ballots reprinted with the candidate's name on the ballots
12 and the reprinted ballots shall be distributed to the various
13 voting precincts within their respective counties. ,
and the
14 board of election inspectors of each such precinct shall cause 1
15 of such stickers to be placed on each ballot over the name of the
16 candidate who has died before such ballot is handed to the
17 elector.
18 Sec. 196. If for any reason the number of candidates of a
19 political party for any 1 or more of the offices named in section
20 191 of this act shall be is equal to less than the
total number
21 to be nominated by said the
political party, a blank space or
22 spaces shall be provided on each of the official primary ballots
23 which will afford that
affords every elector of said the
24 political party an opportunity to vote for as many candidates for
25 such the office as are to be nominated by said the political
26 party , by
writing in the name or names of his or her selection.
27 or by the use of slips or pasters.
1 Sec. 198. (1) When If a candidate of a
political party has
2 filed files a nominating petition or filing fee for an a county
3 office and has been nominated for the office by a political
4 party, the candidate shall is not be permitted
to withdraw unless
5 he or she has removed moved from the county or has
become
6 physically unfit.
7 (2) When If a candidate of a political party has filed files
8 a nominating petition or filing fee for township office or the
9 office of county commissioner and has been nominated for that
10 office by a political party, the candidate shall is not
be
11 permitted to withdraw unless he or she has moved from the county
12 or from the district from which he or she was nominated , or has
13 become physically unfit.
14 (3) If the person who has been nominated as the candidate of
15 a political party for township a county office or the
office of
16 county commissioner dies before the date of the election for that
17 office, the county political executive committee ,
or in the case
18 of a township office, the township political committee, of the
19 party whose candidate has died shall select, by majority vote, a
20 replacement for that person. The name of the replacement so
21 selected shall be transmitted to the election officials
22 responsible for the preparation and distribution of ballots, and
23 the name of the replacement shall be affixed to each ballot or
24 voting device in place of
the name of the original candidate.
25 (4) A vacancy shall not be filled by the a county
committees
26
executive committee except for the
above causes and as herein
27 specified.as provided
in this section.
1 (5) This prohibition shall not be construed to prohibit the
2 withdrawal of a candidate who was nominated without having filed
3 a nominating petition or filing fee and whose name has been
4 written or placed on the ballot of a political party.
5 Sec. 224. (1) To obtain the printing of the name of a person
6 as candidate for nomination by a political party for the office
7 of county auditor under a particular party heading upon the
8 official primary ballots, there shall be filed with the county
9 clerk nominating petitions signed by a number of qualified and
10 registered electors residing within the county as determined
11 under section 544f. Nominating petitions shall be in the form
12 prescribed in section 544c. The Until December 31, 2013, the
13 county clerk shall receive nominating petitions up to 4 p.m. of
14 the twelfth Tuesday preceding before the August primary.
15 Beginning January 1, 2014, the county clerk shall receive
16 nominating petitions up to 4 p.m. of the fifteenth Tuesday before
17 the August primary.
18 (2) To obtain the printing of the name of the candidate of a
19 political party under the particular party's heading upon the
20 primary election ballots in the various voting precincts of the
21 county, there may be filed by the candidate, in lieu of filing
22 nominating petitions, a filing fee of $100.00 to be paid to the
23 county clerk. Payment of the fee and certification of the name of
24 the candidate paying the fee shall be governed by the same
25 provisions as in the case of nominating petitions. The fee shall
26 be deposited in the general fund of the county and shall be
27 refunded to candidates who are nominated and to an equal number
1 of candidates who received the next highest number of votes in
2 the primary election. If 2 or more candidates tie in having the
3 lowest number of votes allowing a refund, the sum of $100.00
4 shall be divided among them. The deposits of all other defeated
5 candidates and of candidates who withdraw or are disqualified
6 shall be forfeited and the candidates shall be notified of the
7 forfeitures. Deposits forfeited under this section shall be paid
8 into and credited to the general fund of the county.
9 Sec. 226. When any If a candidate of a
political party for
10 the office of county auditor, after having qualified as a
11 candidate, shall die, dies
after the last day for qualifying,
12 leaving such the
political party without a candidate for
the
13 office of county auditor, a candidate to fill the vacancy thereby
14 caused may be selected by
the members of the county committee of
15 such the candidate's political party for the county, and the
name
16 of the candidate so selected shall be transmitted to the county
17 officials required by law to print and distribute ballots. ,
and
18 such The name of the
candidate shall be printed on the ballots,
19 but if the ballots have been printed, the county officials shall
20 cause to be printed a sufficient number of gummed labels or
21 stickers bearing the name of the candidate, which have the
22 ballots reprinted with the candidate's name on the ballots and
23 the reprinted ballots shall be distributed to the various voting
24 precincts within their respective counties. ,
and the board of
25 election inspectors of each such precinct shall cause 1 of such
26 stickers to be placed on each ballot over the name of the
27 candidate who has died before such ballot is handed to the
1 elector.
2 Sec. 227. If for any reason there is no candidate of a
3 political party for county auditor, a blank space shall be
4 provided on each of the official primary ballots which will
5 afford that affords every elector of said the political party an
6 opportunity to vote for a candidate for such the office
by
7 writing in the name of his or her selection. or
by the use of a
8 slip or paster.
9 Sec. 254. (1) To obtain the printing of the name of a person
10 as a candidate for nomination by a political party for the office
11 of county road commissioner under a particular party heading upon
12 the official primary ballots, there shall be filed with the
13 county clerk of the county nominating petitions signed by a
14 number of qualified and registered electors residing within the
15 county as determined under section 544f. Nominating petitions
16 shall be in the form prescribed in section 544c. The Until
17 December 31, 2013, the county clerk shall receive nominating
18 petitions up to 4 p.m. of the twelfth Tuesday preceding before
19 the August primary in which county road commissioners are to be
20 elected. Beginning January 1, 2014, the county clerk shall
21 receive nominating petitions up to 4 p.m. of the fifteenth
22 Tuesday before the August primary in which county road
23 commissioners are to be elected.
24 (2) To obtain the printing of the name of a candidate of a
25 political party under the particular party's heading upon the
26 primary election ballots in the various voting precincts of the
27 county, there may be filed by each candidate, in lieu of filing
1 nominating petitions, a filing fee of $100.00 to be paid to the
2 county clerk. Payment of the fee and certification of the name of
3 the candidate paying the fee shall be governed by the same
4 provisions as in the case of nominating petitions. The fee shall
5 be deposited in the general fund of the county and shall be
6 returned to all candidates who are nominated and to an equal
7 number of candidates who received the next highest number of
8 votes in the primary election. If 2 or more candidates tie in
9 having the lowest number of votes allowing a refund, the sum of
10 $100.00 shall be divided among them. The deposits of all other
11 defeated candidates, as well as the deposits of candidates who
12 withdraw or are disqualified, shall be forfeited and the
13 candidates shall be notified of the forfeitures. Deposits
14 forfeited under this section shall be paid into and credited to
15 the general fund of the county.
16 Sec. 255. When any If a candidate of a
political party for
17 the office of county road commissioner, after having qualified as
18 a candidate, shall die, dies
after the last day for qualifying,
19 leaving such the
political party without a candidate for
the
20 office of county road commissioner, a candidate to fill the
21 vacancy thereby caused may be selected by the members of the
22 county committee of such the candidate's political
party for the
23 county, and the name of the candidate so selected shall be
24 transmitted to the county officials required by law to print and
25 distribute ballots. , and such The name of the candidate shall be
26 printed on the ballots, but if the ballots have been printed, the
27 county officials shall cause to be printed a sufficient number of
1 gummed labels or stickers bearing the name of the candidate which
2 have the ballots reprinted with the candidate's name on the
3 ballots and the reprinted ballots shall be distributed to the
4 various voting precincts within their respective county. ,
and a
5 board of election inspectors of each such precinct shall cause 1
6 of such stickers to be placed on each ballot over the name of the
7 candidate who has died before such ballot is handed to the
8 elector.
9 Sec. 257. If for any reason there is no candidate of a
10 political party for county road commissioner, a blank space shall
11 be provided on each of the official primary ballots which will
12 afford that affords every elector of said the political party an
13 opportunity to vote for a candidate for such that office
by
14 writing in the name of his or her selection. or
by the use of a
15 slip or paster.
16 Sec. 303. (1) Subject Until December 31, 2013, and subject
17 to subsection (4), for an individual's name to appear on the
18 official ballot as a candidate for school board member, the
19 candidate shall file a nominating petition and the affidavit
20 required by section 558 with the school district filing official
21 not later than 4 p.m. on the twelfth Tuesday before the election
22 date. Beginning January 1, 2014, and subject to subsection (4),
23 for an individual's name to appear on the official ballot as a
24 candidate for school board member, the candidate shall file a
25 nominating petition and the affidavit required by section 558
26 with the school district filing official not later than 4 p.m. on
27 the fifteenth Tuesday before the election date. The nominating
1 petition must be signed by the following number of electors of
2 the school district:
3 (a) If the population of the school district is less than
4 10,000 according to the most recent federal census, a minimum of
5 6 and a maximum of 20.
6 (b) If the population of the school district is 10,000 or
7 more according to the most recent federal census, a minimum of 40
8 and a maximum of 100.
9 (2) The nominating petition shall be substantially in the
10 form prescribed in section 544c, except that the petition shall
11 be nonpartisan and shall include the following opening paragraph:
12 We, the undersigned, registered and qualified voters
13 of _____________________________________________________________
14 and residents of the _______________________________, the
15 (legal name of school district)
16 county of _____________________________, state of Michigan,
17 (city or township)
18 nominate __________________________________________________
19 (name of candidate)
20 _______________________________ ________________________,
21 (street address) (city or township)
22 a registered and qualified elector of the district as a member
23 of the board of education of the school district for a term
24 of ______ years, expiring ______, to be voted for at the
25 election to be held on the ______ day of ___________, ______.
26 (month) (year)
27 (3) A school elector shall not sign petitions for more
28 candidates than are to be elected.
29 (4) Instead of filing nominating petitions, a candidate for
30 school board member may pay a nonrefundable filing fee of $100.00
1 to the school district filing official. If this fee is paid by
2 the due date for a nominating petition, the payment has the same
3 effect under this section as the filing of a nominating petition.
4 (5) A nominating petition filed under this chapter is
5 subject to the examination and investigation process prescribed
6 in section 552 as to its sufficiency and the validity and
7 genuineness of the signatures on the nominating petition, and to
8 the other procedures prescribed in that section relevant to a
9 petition filed under this chapter.
10 (6) After a nominating petition is filed or filing fee is
11 paid for a candidate for school board member, the candidate is
12 not permitted to withdraw unless a written withdrawal notice,
13 signed by the candidate, is filed with the school district filing
14 official not later than 4 p.m. of the third day after the last
15 day for filing the nominating petition. If the school district
16 filing official is not a county clerk, the school district filing
17 official shall notify the county clerk of the candidates' names
18 and addresses not later than 3 days after the last day for filing
19 a withdrawal notice.
20 Sec. 322. For Until
December 31, 2013, for the name of a
21 candidate for a city office, including a ward office, to appear
22 on the official February primary election ballots for use in the
23 city, a nominating petition shall be filed with the city clerk
24 not later than 4 p.m. on the twelfth Tuesday before the February
25 primary. If Beginning
January 1, 2014, for the name of a
26 candidate for a city office, including a ward office, to appear
27 on the official February primary election ballots for use in the
1 city, a nominating petition shall be filed with the city clerk
2 not later than 4 p.m. on the fifteenth Tuesday before the
3 February primary. Until December 31, 2013, if a charter provides
4 for nomination by caucus or by filing a petition or affidavit
5 directly for the May election, the candidate filing deadline or
6 certification deadline shall be 4 p.m. on the twelfth Tuesday
7 before the May election. Beginning January 1, 2014, if a charter
8 provides for nomination by caucus or by filing a petition or
9 affidavit directly for the May election, the candidate filing
10 deadline or certification deadline shall be 4 p.m. on the
11 fifteenth Tuesday before the May election.
12 Sec. 326. When any If a candidate of a
political party for
13 any a city office, after having qualified as a candidate, shall
14 die, dies after the last day for qualifying, leaving such the
15 political party without a candidate for the office, a candidate
16 to fill the vacancy thereby caused may be selected by the
members
17 of the city county
executive committee ,
and the of the
18 candidate's political party residing in the city if 3 or more
19 members of the county executive committee of that political party
20 reside in the city. If less than 3 members of the county
21 executive committee of that political party reside in the city,
22 the county executive committee of that political party may select
23 a candidate to fill the vacancy for that office. The name of the
24 candidate so selected shall be transmitted to the city officials
25 required by law to print and distribute ballots. ,
and such The
26 name of the candidate shall be printed on the ballots, but if the
27
ballots have been printed, the city
officials shall cause to be
1 printed a sufficient number of gummed labels or stickers bearing
2 the name of the candidate, which have the ballots reprinted with
3 the candidate's name on the ballots and the reprinted ballots
4 shall be distributed to the various voting precincts within their
5
the city. , and the board of
election inspectors of each such
6 precinct shall cause 1 of such stickers to be placed on each
7 ballot over the name of the candidate who has died before such
8 ballot is handed to the elector.
9 Sec. 349. (1) To obtain the printing of the name of a person
10 as a candidate for nomination by a political party for a township
11 office under the particular party heading upon the official
12 primary ballots, there shall be filed with the township clerk
13 nominating petitions signed by a number of qualified and
14 registered electors residing within the township as determined
15 under section 544f. Nominating petitions shall be in the form
16 prescribed in section 544c. The Until December 31, 2013, the
17 township clerk shall receive nominating petitions up to 4 p.m. of
18 the twelfth Tuesday preceding before the August primary.
19 Beginning January 1, 2014, the township clerk shall receive
20 nominating petitions up to 4 p.m. of the fifteenth Tuesday before
21 the August primary.
22 (2) Within 4 days after the last day for filing nominating
23 petitions, the township clerk shall deliver to the county clerk a
24 list setting forth the name, address, and political affiliation
25 and office sought of each candidate who has qualified for a
26 position on the primary ballot.
27 Sec. 352. When any If a candidate of a
political party for
1 any a township office, after having qualified as a
candidate,
2 shall die, dies after the last day for qualifying, leaving such
3 the political party without a candidate for a township office, a
4 candidate to fill the vacancy thereby caused may be selected by
5 the members of the township county executive committee
of such
6
the candidate's political party for residing in the township ,
7 and the if 3 or more
members of the county executive committee of
8 that political party reside in the township. If less than 3
9 members of the county executive committee of that political party
10 reside in the township, the county executive committee of that
11 political party may select a candidate to fill the vacancy for
12
that office. The name of the candidate so
selected shall be
13 transmitted to the township officials required by law to print
14 and distribute ballots. , and such The name of the candidate
15 shall be printed on the ballots, but if the ballots have been
16
printed, the township officials shall cause
to be printed a
17 sufficient number of gummed labels or stickers bearing the name
18 of the candidate, which have
the ballots reprinted with the
19 candidate's name on the ballots and the reprinted ballots shall
20 be distributed to the various voting precincts within their
21 respective the township.
, and the board of election
inspectors
22 of each such precinct shall cause 1 of such stickers to be placed
23 on each ballot, over the name of the candidate who has died,
24 before such ballot is handed to the elector.
25 Sec. 354. If, for any reason, the number of candidates of a
26 political party to a township office shall be is equal
to less
27 than the total number to be nominated and elected, a sufficient
1 number of blank spaces shall be provided on the official primary
2 ballots which will afford that affords every elector
to said the
3 political party an opportunity to vote for as many candidates as
4 are to be nominated and elected by writing in the name or names
5 of his or her selection. or by the use of slips or pasters.
6 Sec. 357. When any If a candidate of a
political party,
7 after having been nominated for a township office, shall die,
8 remove dies, moves from the township, or become becomes
9 disqualified for any reason, the township board of election
10 commissioners shall provide a blank space or spaces on the
11 official ballots which will afford that affords every elector of
12 said the political party an opportunity to vote for a candidate
13 to fill the vacancy thereby caused, by writing in the name of
his
14 or her selection. or by the use of a slip or paster.
15 Sec. 381. (1) Except as provided in this section and
16 sections 383, 641, 642, and 644g, the qualifications, nomination,
17 election, appointment, term of office, and removal from office of
18 a village officer shall be as determined by the charter
19 provisions governing the village.
20 (2) If the membership of the village council of a village
21 governed by the general law village act, 1895 PA 3, MCL 61.1 to
22 74.25, is reduced to less than a quorum of 4 and a special
23 election for the purpose of filling all vacancies in the office
24 of trustee is called under section 13 of chapter II of the
25 general law village act, 1895 PA 3, MCL 62.13, temporary
26 appointments of trustees shall be made as provided in this
27 subsection. The board of county election commissioners of the
1 county in which the largest portion of the population of the
2 village is situated shall make temporary appointment of the
3 number of trustees required to constitute a quorum for the
4 transaction of business by the village council. A trustee
5 appointed under this subsection shall hold the office only until
6 the trustee's successor is elected and qualified. A trustee who
7 is temporarily appointed under this subsection shall not vote on
8 the appointment of himself or herself to an elective or
9 appointive village office.
10 (3) Notwithstanding another provision of law or charter to
11 the contrary, an appointment to an elective or appointive village
12 office made by a quorum constituted by temporary appointments
13 under this subsection expires upon the election and qualification
14 of trustees under the special election called to fill the
15 vacancies in the office of trustee.
16 (4) Filing for a village office shall be with the township
17 clerk if the township is conducting the election or if the
18 village is located in more than 1 township with the township in
19 which the largest number of the registered electors of the
20 village reside. Except Until
December 31, 2013, and except as
21 provided in subsection (5), nominating petitions for village
22 offices shall be filed with the appropriate township clerk by 4
23 p.m. on the twelfth Tuesday before the general November election.
24 Beginning January 1, 2014, and except as otherwise provided in
25 subsection (5), nominating petitions for village offices shall be
26 filed with the appropriate township clerk by 4 p.m. on the
27 fifteenth Tuesday before the general November election. After a
1 nominating petition is filed for a candidate for a village
2 office, the candidate is not permitted to withdraw unless a
3 written withdrawal notice, signed by the candidate, is filed with
4 the appropriate township clerk not later than 4 p.m. of the third
5 day after the last day for filing the nominating petition.
6 (5) If Until
December 31, 2013, if a village council
adopts
7 a resolution in compliance with section 642(7) to hold its
8 regular election at the September election, the nominating
9 petitions for village offices to be filled at the September
10 election shall be filed with the village clerk by 4 p.m. on the
11 twelfth Tuesday before the September election. Beginning January
12 1, 2014, if a village adopts a resolution in compliance with
13 section 642(7) to hold its regular election at the September
14 election, the nominating petitions for village offices to be
15 filled at the September election shall be filed with the village
16 clerk by 4 p.m. on the fifteenth Tuesday before the September
17 election. After a nominating petition is filed for a candidate
18 for a village office, the candidate is not permitted to withdraw
19 unless a written withdrawal notice, signed by the candidate, is
20 filed with the village clerk not later than 4 p.m. of the third
21 day after the last day for filing the nominating petition.
22 Sec. 409b. (1) To obtain the printing of the name of a
23 qualified person other than an incumbent judge of the court of
24 appeals as a candidate for nomination for the office of judge of
25 the court of appeals upon the official nonpartisan primary
26 ballots, there shall be filed with the secretary of state
27 nominating petitions containing the signatures, addresses, and
1 dates of signing of a number of qualified and registered electors
2 residing in the appellate court district as determined under
3 section 544f. The provisions of sections 544a and 544b apply. The
4 Until December 31, 2013, the secretary of state shall receive
5 nominating petitions up to 4 p.m. on the fourteenth Tuesday
6 preceding before the primary.
Beginning January 1, 2014, the
7 secretary of state shall receive nominating petitions up to 4
8 p.m. on the fifteenth Tuesday before the primary.
9 (2) Nominating petitions filed under this section are valid
10 only if they clearly indicate for which of the following offices
11 the candidate is filing, consistent with subsection (8):
12 (a) An unspecified existing judgeship for which the
13 incumbent judge is seeking election.
14 (b) An unspecified existing judgeship for which the
15 incumbent judge is not seeking election.
16 (c) A new judgeship.
17 (3) Nominating petitions specifying a new or existing court
18 of appeals judgeship may not be used to qualify a candidate for
19 another judicial office of the same court in the same judicial
20 district. A person who files nominating petitions for election to
21 more than 1 court of appeals judgeship shall have not more than 3
22 days following the close of filing to withdraw from all but 1
23 filing.
24 (4) In a primary and general election for 2 or more
25 judgeships where more than 1 of the categories in subsection (2)
26 could be selected, a candidate shall apply to the bureau of
27 elections for a written statement of office designation to
1 correspond to the judgeship sought by the candidate. The office
2 designation provided by the secretary of state shall be included
3 in the heading of all nominating petitions. Nominating petitions
4 containing an improper office designation are invalid.
5 (5) The secretary of state shall issue an office designation
6 of incumbent position for any judgeship for which the incumbent
7 judge is eligible to seek reelection. If an incumbent judge does
8 not file an affidavit of candidacy by the deadline, the secretary
9 of state shall notify all candidates for that office that a
10 nonincumbent position exists. All nominating petitions circulated
11 for the nonincumbent position subsequent to the deadline shall
12 bear an office designation of nonincumbent position. All
13 signatures collected prior to before the affidavit of
candidacy
14 filing deadline may be filed with the nonincumbent nominating
15 petitions.
16 (6) An incumbent judge of the court of appeals may become a
17 candidate in the primary election for the office of which he or
18 she is the incumbent by filing with the secretary of state an
19 affidavit of candidacy not less than 134 days before the date of
20 the primary election. However, before December 31, 2013, if an
21 incumbent judge of the court of appeals was appointed to fill a
22 vacancy and the judge entered upon the duties of office less than
23 137 days before the date of the primary election but before the
24 fourteenth Tuesday preceding before the primary election,
the
25 incumbent judge may file the affidavit of candidacy not more than
26 3 days after entering upon the duties of office. Beginning
27 January 1, 2014, if an incumbent judge of the court of appeals
1 was appointed to fill a vacancy and the judge entered upon the
2 duties of the office less than 137 days before the date of the
3 primary election but before the fifteenth Tuesday before the
4 primary election, the incumbent judge may file the affidavit of
5 candidacy not more than 3 days after entering upon the duties of
6 office. The affidavit of candidacy shall contain statements that
7 the affiant is an incumbent judge of the court of appeals, is
8 domiciled within the district, will not attain the age of 70 by
9 the date of election, and is a candidate for election to the
10 office of judge of the court of appeals.
11 (7) In the primary and general November election for 2 or
12 more judgeships of the court of appeals in a judicial district,
13 each of the following categories of candidates shall be listed
14 separately on the ballot, consistent with subsection (8):
15 (a) The names of candidates for the judgeship or judgeships
16 for which the incumbent is seeking election.
17 (b) The names of candidates for the judgeship or judgeships
18 for which the incumbent is not seeking election.
19 (c) The names of candidates for a newly created judgeship or
20 judgeships.
21 (8) If the death or disqualification of an incumbent judge
22 triggers the application of section 409d(2), then for the
23 purposes of subsections (2) and (7), that judgeship shall be
24 regarded as a judgeship for which the incumbent judge is not
25 seeking election. The application of this subsection includes,
26 but is not limited to, circumstances in which the governor
27 appoints an individual to fill the vacancy and that individual
1 seeks to qualify as a nominee under section 409d(2).
2 Sec. 413. (1) To obtain the printing of the name of a person
3 as a candidate for nomination for the office of judge of the
4 circuit court upon the official nonpartisan primary ballots,
5 there shall be filed with the secretary of state nominating
6 petitions containing the signatures, addresses, and dates of
7 signing of a number of qualified and registered electors residing
8 in the judicial circuit as determined under section 544f or by
9 the filing of an affidavit according to section 413a. The Until
10 December 31, 2013, the secretary of state shall receive the
11 nominating petitions up to 4 p.m. of the fourteenth Tuesday
12 before the primary. Beginning January 1, 2014, the secretary of
13 state shall receive the nominating petitions up to 4 p.m. of the
14 fifteenth Tuesday before the primary. The provisions of sections
15 544a and 544b apply.
16 (2) If a candidate for nomination for the office of judge of
17 the circuit court receives incorrect or inaccurate written
18 information from the secretary of state or the bureau of
19 elections concerning the number of nominating petition signatures
20 required under section 544f and that incorrect or inaccurate
21 written information is published or distributed by the secretary
22 of state or the bureau of elections, the candidate may bring an
23 action in a court of competent jurisdiction for equitable relief.
24 A court may grant equitable relief to a candidate under this
25 subsection if all of the following occur:
26 (a) The candidate brings the action for equitable relief
27 within 6 days after the candidate is notified by the secretary of
1 state or the bureau of elections that the candidate's nominating
2 petition contains insufficient signatures.
3 (b) The candidate files an affidavit certifying that he or
4 she contacted and received from the secretary of state or the
5 bureau of elections incorrect or inaccurate written information
6 concerning the number of nominating petition signatures required
7 under section 544f.
8 (c) The secretary of state or the bureau of elections
9 published or distributed the incorrect or inaccurate written
10 information concerning the number of nominating petition
11 signatures required under section 544f before the filing deadline
12 under subsection (1).
13 (d) The secretary of state or bureau of elections did not
14 inform the candidate at least 14 days before the filing deadline
15 under subsection (1) that incorrect or inaccurate written
16 information concerning the number of nominating petition
17 signatures required under section 544f had been published or
18 distributed.
19 (3) If a court grants equitable relief to a candidate under
20 subsection (2), the candidate shall be given the opportunity to
21 obtain additional nominating petition signatures to meet the
22 requirements under section 544f. The additional nominating
23 petition signatures obtained by a candidate shall be filed with
24 the secretary of state no later than 4 p.m. on the fifth business
25 day after the date that the court order granting equitable relief
26 is filed.
27 (4) The nominating petition signatures filed pursuant to
1 this section are subject to challenge as provided in section 552.
2 Sec. 413a. (1) Any incumbent circuit court judge may become
3 a candidate in the primary election for the office of which he or
4 she is an incumbent by filing with the secretary of state an
5 affidavit of candidacy not less than 134 days prior to the date
6 of the primary election. However, until December 31, 2013, if an
7 incumbent judge of the circuit court was appointed to fill a
8 vacancy and the judge entered upon the duties of office less than
9 137 days before the date of the primary election but before the
10 fourteenth Tuesday preceding before the primary election,
the
11 incumbent judge may file the affidavit of candidacy not more than
12 3 days after entering upon the duties of office. Beginning
13 January 1, 2014, if an incumbent judge of the circuit court was
14 appointed to fill a vacancy and the judge entered upon the duties
15 of office less than 137 days before the date of the primary
16 election but before the fifteenth Tuesday before the primary
17 election, the incumbent judge may file the affidavit of candidacy
18 not more than 3 days after entering upon the duties of office.
19 (2) The affidavit of candidacy shall contain statements that
20 the affiant is an incumbent circuit court judge for the circuit
21 in which election is sought, that he or she is domiciled within
22 the circuit, and that he or she will not attain the age of 70 by
23 the date of election, and shall contain a declaration that he or
24 she is a candidate for election to the office of circuit court
25 judge.
26 Sec. 426d. (1) To obtain the printing of the name of a
27 person on the ballot as a candidate for the office of judge of
1 the municipal court of record, there shall be filed with the city
2 clerk nominating petitions containing the signatures, addresses,
3 and dates of signing of a number of qualified and registered
4 electors residing in that city as determined under section 544f.
5 The Until December
31, 2013, the city clerk shall receive
6 nominating petitions up to 4 p.m. of the fourteenth Tuesday
7 preceding before the August primary. Beginning January 1, 2014,
8 the city clerk shall receive nominating petitions up to 4 p.m. of
9 the fifteenth Tuesday before the August primary. The provisions
10 of sections 544a and 544b apply.
11 (2) An incumbent judge of the municipal court of record may
12 become a candidate in the primary election for the office of
13 which the judge is the incumbent by filing, with the city clerk,
14 an affidavit of candidacy not less than 134 days before the date
15 of the primary election. The affidavit of candidacy shall contain
16 statements that the affiant is an incumbent judge of the
17 municipal court of record, is domiciled within the city, will not
18 attain the age of 70 by the date of election, and is a candidate
19 for election to the office of judge of the municipal court of
20 record.
21 (3) Nominating petitions filed under this section are valid
22 only if they clearly indicate for which of the following offices
23 the candidate is filing, consistent with section 426k(3):
24 (a) An unspecified existing judgeship for which the
25 incumbent judge is seeking election.
26 (b) An unspecified existing judgeship for which the
27 incumbent judge is not seeking election.
1 (c) A new judgeship.
2 (4) A person who files nominating petitions for election to
3 more than 1 municipal court of record judgeship shall have not
4 more than 3 days following the close of filing to withdraw from
5 all but 1 filing.
6 (5) In a primary and general election for 2 or more
7 judgeships where more than 1 of the categories in subsection (3)
8 could be selected, a candidate shall apply to the bureau of
9 elections for a written statement of office designation to
10 correspond to the judgeship sought by the candidate. The office
11 designation provided by the secretary of state shall be included
12 in the heading of all nominating petitions. Nominating petitions
13 containing an improper office designation are invalid.
14 (6) The secretary of state shall issue an office designation
15 of incumbent position for any judgeship for which the incumbent
16 judge is eligible to seek reelection. If an incumbent judge does
17 not file an affidavit of candidacy by the deadline, the secretary
18 of state shall notify all candidates for that office that a
19 nonincumbent position exists. All nominating petitions circulated
20 for the nonincumbent position subsequent to the deadline shall
21 bear an office designation of nonincumbent position. All
22 signatures collected prior to before the affidavit of
candidacy
23 filing deadline may be filed with the nonincumbent nominating
24 petitions.
25 Sec. 433. (1) Except as otherwise provided in this
26 subsection, to obtain the printing of the name of a person as a
27 candidate for nomination for the office of judge of probate upon
1 the official nonpartisan primary ballots, there shall be filed
2 with the county clerk of each county nominating petitions
3 containing the signatures, addresses, and dates of signing of a
4 number of qualified and registered electors residing in the
5 county as determined under section 544f or by the filing of an
6 affidavit according to section 433a. In the case of a probate
7 court district, to obtain the printing of the name of a person as
8 a candidate for nomination for the office of judge of probate
9 upon the official nonpartisan primary ballots, there shall be
10 filed with the secretary of state nominating petitions containing
11 the signatures, addresses, and dates of signing of a number of
12 qualified and registered electors residing in the probate court
13 district as determined under section 544f or by the filing of an
14 affidavit according to section 433a. The Until December 31, 2013,
15 the county clerk or, in the case of a probate court district, the
16 secretary of state shall receive nominating petitions up to 4
17 p.m. on the fourteenth Tuesday before the August primary.
18 Beginning January 1, 2014, the county clerk or, in the case of a
19 probate court district, the secretary of state shall receive
20 nominating petitions up to 4 p.m. on the fifteenth Tuesday before
21 the August primary. The provisions of sections 544a and 544b
22 apply.
23 (2) Nominating petitions filed under this section are valid
24 only if they clearly indicate for which of the following offices
25 the candidate is filing, consistent with section 435a(2):
26 (a) An unspecified existing judgeship for which the
27 incumbent judge is seeking election.
1 (b) An unspecified existing judgeship for which the
2 incumbent judge is not seeking election.
3 (c) A new judgeship.
4 (3) A person who files nominating petitions for election to
5 more than 1 probate judgeship shall have not more than 3 days
6 following the close of filing to withdraw from all but 1 filing.
7 (4) In a primary and general election for 2 or more
8 judgeships where more than 1 of the categories in subsection (2)
9 could be selected, a candidate shall apply to the bureau of
10 elections for a written statement of office designation to
11 correspond to the judgeship sought by the candidate. The office
12 designation provided by the secretary of state shall be included
13 in the heading of all nominating petitions. Nominating petitions
14 containing an improper office designation are invalid.
15 (5) The secretary of state shall issue an office designation
16 of incumbent position for any judgeship for which the incumbent
17 judge is eligible to seek reelection. If an incumbent judge does
18 not file an affidavit of candidacy by the deadline, the secretary
19 of state shall notify all candidates for that office that a
20 nonincumbent position exists. All nominating petitions circulated
21 for the nonincumbent position after the deadline shall bear an
22 office designation of nonincumbent position. All signatures
23 collected before the affidavit of candidacy filing deadline may
24 be filed with the nonincumbent nominating petitions.
25 (6) If a candidate for nomination for the office of judge of
26 probate receives incorrect or inaccurate written information from
27 the county clerk or, in the case of a probate court district, the
1 secretary of state concerning the number of nominating petition
2 signatures required under section 544f and that incorrect or
3 inaccurate written information is published or distributed by the
4 county clerk or, in the case of a probate court district, the
5 secretary of state, the candidate may bring an action in a court
6 of competent jurisdiction for equitable relief. A court may grant
7 equitable relief to a candidate under this subsection if all of
8 the following occur:
9 (a) The candidate brings the action for equitable relief
10 within 6 days after the candidate is notified by the county clerk
11 or, in the case of a probate court district, the secretary of
12 state that the candidate's nominating petition contains
13 insufficient signatures.
14 (b) The candidate files an affidavit certifying that he or
15 she contacted and received from the county clerk or, in the case
16 of a probate court district, the secretary of state incorrect or
17 inaccurate written information concerning the number of
18 nominating petition signatures required under section 544f.
19 (c) The county clerk or, in the case of a probate court
20 district, the secretary of state published or distributed the
21 incorrect or inaccurate written information concerning the number
22 of nominating petition signatures required under section 544f
23 before the filing deadline under subsection (1).
24 (d) The county clerk or, in the case of a probate court
25 district, the secretary of state did not inform the candidate at
26 least 14 days before the filing deadline under subsection (1)
27 that incorrect or inaccurate written information concerning the
1 number of nominating petition signatures required under section
2 544f had been published or distributed.
3 (7) If a court grants equitable relief to a candidate under
4 subsection (6), the candidate shall be given the opportunity to
5 obtain additional nominating petition signatures to meet the
6 requirements under section 544f. The additional nominating
7 petition signatures obtained by a candidate shall be filed with
8 the county clerk or, in the case of a probate court district, the
9 secretary of state no later than 4 p.m. on the fifth business day
10 after the date that the court order granting equitable relief is
11 filed.
12 (8) The nominating petition signatures filed pursuant to
13 this section are subject to challenge as provided in section 552.
14 Sec. 433a. (1) Any incumbent probate court judge may become
15 a candidate in the primary election for the office of which he or
16 she is an incumbent by filing with the county clerk, or in case
17 of a probate district with the secretary of state, an affidavit
18 of candidacy not less than 134 days prior to before the
date of
19 the primary election. However, until December 31, 2013, if an
20 incumbent judge of probate was appointed to fill a vacancy and
21 the judge entered upon the duties of office less than 137 days
22 before the date of the primary election but before the fourteenth
23 Tuesday preceding before
the primary election, the incumbent
24 judge may file the affidavit of candidacy not more than 3 days
25 after entering upon the duties of office. Beginning January 1,
26 2014, if an incumbent judge of probate was appointed to fill a
27 vacancy and the judge entered upon the duties of office less than
1 137 days before the date of the primary election but before the
2 fifteenth Tuesday before the primary election, the incumbent
3 judge may file the affidavit of candidacy not more than 3 days
4 after entering upon the duties of office.
5 (2) The affidavit of candidacy shall contain statements that
6 the affiant is an incumbent probate court judge of the county or
7 district of which election is sought, that he or she is domiciled
8 within the county or district, and that he or she will not attain
9 the age of 70 years by the date of election, and shall contain a
10 declaration that he or she is a candidate for election to the
11 office of probate court judge.
12 Sec. 467b. (1) To obtain the printing of the name of a
13 person as a candidate for nomination for the office of judge of
14 the district court upon the official nonpartisan primary ballots,
15 there shall be filed with the secretary of state nominating
16 petitions containing the signatures, addresses, and dates of
17 signing of a number of qualified and registered electors residing
18 in the judicial district or division as determined under section
19 544f. An incumbent district court judge may also become a
20 candidate by the filing of an affidavit in lieu of petitions
21 according to section 467c. The Until December 31, 2013, the
22 secretary of state shall receive nominating petitions up to 4
23 p.m. on the fourteenth Tuesday before the primary. Beginning
24 January 1, 2014, the secretary of state shall receive nominating
25 petitions up to 4 p.m. on the fifteenth Tuesday before the
26 primary. The provisions of sections 544a and 544b apply.
27 (2) Nominating petitions filed under this section are valid
1 only if they clearly indicate for which of the following offices
2 the candidate is filing, consistent with section 467c(4):
3 (a) An unspecified existing judgeship for which the
4 incumbent judge is seeking election.
5 (b) An unspecified existing judgeship for which the
6 incumbent judge is not seeking election.
7 (c) A new judgeship.
8 (3) A person who files nominating petitions for election to
9 more than 1 district judgeship shall have not more than 3 days
10 following the close of filing to withdraw from all but 1 filing.
11 (4) In a primary and general election for 2 or more
12 judgeships where more than 1 of the categories in subsection (2)
13 could be selected, a candidate shall apply to the bureau of
14 elections for a written statement of office designation to
15 correspond to the judgeship sought by the candidate. The office
16 designation provided by the secretary of state shall be included
17 in the heading of all nominating petitions. Nominating petitions
18 containing an improper office designation are invalid.
19 (5) The secretary of state shall issue an office designation
20 of incumbent position for any judgeship for which the incumbent
21 judge is eligible to seek reelection. If an incumbent judge does
22 not file an affidavit of candidacy by the deadline, the secretary
23 of state shall notify all candidates for that office that a
24 nonincumbent position exists. All nominating petitions circulated
25 for the nonincumbent position after the deadline shall bear an
26 office designation of nonincumbent position. All signatures
27 collected before the affidavit of candidacy filing deadline may
1 be filed with the nonincumbent nominating petitions.
2 (6) If a candidate for nomination for the office of judge of
3 the district court receives incorrect or inaccurate written
4 information from the secretary of state or the bureau of
5 elections concerning the number of nominating petition signatures
6 required under section 544f and that incorrect or inaccurate
7 written information is published or distributed by the secretary
8 of state or the bureau of elections, the candidate may bring an
9 action in a court of competent jurisdiction for equitable relief.
10 A court may grant equitable relief to a candidate under this
11 subsection if all of the following occur:
12 (a) The candidate brings the action for equitable relief
13 within 6 days after the candidate is notified by the secretary of
14 state or the bureau of elections that the candidate's nominating
15 petition contains insufficient signatures.
16 (b) The candidate files an affidavit certifying that he or
17 she contacted and received from the secretary of state or the
18 bureau of elections incorrect or inaccurate written information
19 concerning the number of nominating petition signatures required
20 under section 544f.
21 (c) The secretary of state or the bureau of elections
22 published or distributed the incorrect or inaccurate written
23 information concerning the number of nominating petition
24 signatures required under section 544f before the filing deadline
25 under subsection (1).
26 (d) The secretary of state or bureau of elections did not
27 inform the candidate at least 14 days before the filing deadline
1 under subsection (1) that incorrect or inaccurate written
2 information concerning the number of nominating petition
3 signatures required under section 544f had been published or
4 distributed.
5 (7) If a court grants equitable relief to a candidate under
6 subsection (6), the candidate shall be given the opportunity to
7 obtain additional nominating petition signatures to meet the
8 requirements under section 544f. The additional nominating
9 petition signatures obtained by a candidate shall be filed with
10 the secretary of state no later than 4 p.m. on the fifth business
11 day after the date that the court order granting equitable relief
12 is filed.
13 (8) The nominating petition signatures filed pursuant to
14 this section are subject to challenge as provided in section 552.
15 Sec. 467c. (1) An incumbent district court judge may become
16 a candidate in the primary election for the office of which he or
17 she is an incumbent by filing with the secretary of state an
18 affidavit of candidacy in lieu of nominating petitions not less
19 than 134 days prior to the date of the primary election. However,
20 until December 31, 2013, if an incumbent district court judge was
21 appointed to fill a vacancy and the judge entered upon the duties
22 of office less than 137 days before the date of the primary
23 election but before the fourteenth Tuesday preceding before the
24 primary election, the incumbent judge may file the affidavit of
25 candidacy not more than 3 days after entering upon the duties of
26 office. Beginning January 1, 2014, if an incumbent district court
27 judge was appointed to fill a vacancy and the judge entered upon
1 the duties of the office less than 137 days before the date of
2 the primary election but before the fifteenth Tuesday before the
3 primary election, the incumbent judge may file the affidavit of
4 candidacy not more than 3 days after entering upon the duties of
5 office. The affidavit of candidacy shall contain statements that
6 the affiant is an incumbent district court judge for the district
7 or election division in which election is sought, that he or she
8 is domiciled within the district or election division, and that
9 he or she will not attain the age of 70 by the date of election,
10 and a declaration that the affiant is a candidate for election to
11 the office of district court judge.
12 (2) There shall be printed upon the ballot under the name of
13 each incumbent district judge who is a candidate for nomination
14 or election to the same office the designation of that office.
15 (3) In the primary and general election for 2 or more
16 judgeships of the district court, each of the following
17 categories of candidates shall be listed separately on the
18 ballot, consistent with subsection (4):
19 (a) The names of candidates for the judgeship or judgeships
20 for which the incumbent is seeking election.
21 (b) The names of candidates for an existing judgeship or
22 judgeships for which the incumbent is not seeking election.
23 (c) The names of candidates for a newly created judgeship or
24 judgeships.
25 (4) If the death or disqualification of an incumbent judge
26 triggers the application of section 467e(2), then for the
27 purposes of subsection (3) and section 467b(2), that judgeship
Senate Bill No. 823 (S-2) as amended June 12, 2012
1 shall be regarded as a judgeship for which the incumbent judge is
2 not seeking election. The application of this subsection
3 includes, but is not limited to, circumstances in which the
4 governor appoints an individual to fill the vacancy and that
5 individual seeks to qualify as a nominee under section 467e(2).
[Sec. 477. (1) The board of state canvassers shall make an official
declaration of the sufficiency or insufficiency of a petition under this
chapter at least 2 months before the election at which the proposal is to
be submitted. If the board of state canvassers declares that the petition
is sufficient, the secretary of state shall send copies of the statement
of purpose of the proposal as approved by the board of state canvassers
under section 474 to the
several daily and weekly newspapers published in
this state, with the request that the newspapers give as wide publicity
as possible to the proposed amendment or other question. Publication of
any matter by any newspaper under this section shall be without expense
or cost to the state of Michigan.
(2) For the purposes of the second paragraph of section 9 of
article II of the state constitution of 1963, a law that is the subject
of the referendum continues to be effective until the referendum is
properly invoked, which occurs when the board of state canvassers makes
its official declaration of the sufficiency of the referendum petition.
The board of state canvassers shall complete the canvass of a referendum
petition within 60 days after the petition is filed with the secretary of
state, except that 1 15-day extension may be granted by the secretary of
state if necessary to complete the canvass.
Sec. 480. Whenever If a proposed constitutional amendment or other
special question is to be submitted to the electors of the
this state for
a popular vote, the secretary of state shall,
not less than 49 60
days
before the date of the election at which the proposed constitutional
amendment or other special question is to be
submitted, certify the same
statement of the purpose for designation on the ballot to the clerk of
each county in the this state, together with the form in which such the
constitutional amendment or other special questions shall be submitted.
printed on the ballot. The secretary of state shall also furnish the
several county clerks in the this state 2 copies of the text of each
constitutional amendment or other special question and 2 copies of each
said statement for each voting precinct in their
respective counties. The
Each county clerk shall furnish the said copies of such the statement to
the several township and city clerks in his or her county at the time
other supplies for the election are furnished. ; and each such Each
township or city clerk shall, before the opening of the polls on election
day, deliver the copies of such the text and statement to which
each
voting precinct in his or her township or city is entitled to the
board of election inspectors of said the precinct, who shall post the
same in conspicuous places in the room where such the election is held.]
6 Sec. 483a. (1) The petition sponsor of a petition proposing
7 an amendment to the constitution or to initiate legislation shall
8 file the petition or an amended petition with the secretary of
9 state.
10 (2) The petition sponsor of a petition proposing an
11 amendment to the constitution or to initiate legislation shall
12 not circulate a petition or an amended petition for signatures
13 until the petition or amended petition is filed with the
14 secretary of state as required in subsection (1).
15 (3) The secretary of state shall make the most recent
16 submission of the petition language filed under subsection (1)
17 available to the public on an internet website maintained by the
18 department of state.
19 (4) This section takes effect January 1, 2013.
20 Sec. 551. The Until
December 31, 2013, the secretary of
21 state and the various county, township, and city clerks shall
22 receive nominating petitions or filing fees filed in accordance
23 with the provisions of under
this act up to 4 p.m., eastern
24 standard time, of the twelfth Tuesday preceding before the
August
25 primary. Beginning January 1, 2014, the secretary of state and
26 the various county, township, and city clerks shall receive
27 nominating petitions or filing fees filed under this act up to 4
Senate Bill No. 823 (S-2) as amended June 12, 2012
1 p.m., eastern standard time, of the fifteenth Tuesday before the
2 August primary. The provisions of this section do not apply to a
3 city that does not nominate its officers under the provisions of
4 this act.
5 [
6
7
8
9
10
11
12
13
14
15
16
17
18
19 ]
20 Sec. 624. (1) A person holding a public office in this state
21 or a municipal subdivision of this state may become a candidate
22 for delegate to the county or district conventions.
23 (2) A candidate for delegate to the county or district
24 conventions of a political party shall be a qualified and
25 registered elector residing within, as well as having his or her
26 actual bona fide residence within, the election precinct for
27 which he or she desires to become a candidate on the filing
1 deadline. A Until
December 31, 2013, a candidate shall
file an
2 affidavit of identity as prescribed in section 558(1) with the
3 county clerk of the county or the clerk of the city or township
4 in which the candidate resides. A Beginning January 1, 2014, a
5 candidate shall file an affidavit of identity as prescribed in
6 section 558(1) with the county clerk of the county in which the
7 candidate resides. Until December 31, 2013, a clerk shall receive
8 affidavits of identity under this section up to 4 p.m. on the
9 twelfth Tuesday preceding before the time designated
for holding
10 a primary election in the county. Within Beginning January 1,
11 2014, a county clerk shall receive affidavits of identity under
12 this section up to 4 p.m. on the thirteenth Tuesday before the
13 time designated for holding a primary election in the county.
14 Until December 31, 2013, within 4 days after the last day for
15 filing affidavits of identity under this section, the city or
16 township clerk shall forward to the county clerk the affidavit of
17 identity of each candidate who has qualified for a position on
18 the primary ballot. All duly elected and certified delegates
19 shall be seated at the county or district county conventions. A
20 person violating this section is guilty of a misdemeanor.
21 (3) If a written complaint is made to the county clerk with
22 respect to the registration or bona fide residence, or both, of a
23 candidate, the county clerk shall check with the township or city
24 clerk of the township or city in which the candidate is
25 registered or residing, or both. The township or city clerk shall
26 report back to the county clerk within 48 hours as to the
27 registration or bona fide residence, or both, of the candidate.
1 If the township or city clerk's report shows that the candidate
2 is not a registered elector or a bona fide resident of the
3 election precinct of the township or city for which the petition
4 shows the candidate is a resident, the county clerk shall remove
5 the name of the candidate from the ballot. A complaint received
6 by the county clerk after the ballots have been released for
7 printing and before the primary election shall not be acted upon.
8 Sec. 644e. Except as provided in section 642, an officer
9 required to be elected at the odd year general election shall be
10 nominated at the odd year primary election. If Until December 31,
11 2013, if a charter provides for nomination by caucus or by filing
12 a petition or affidavit directly for the general election, the
13 candidate filing deadline or certification deadline shall be 4
14 p.m. on the twelfth Tuesday before the odd year general election.
15 If Beginning January
1, 2014, if a charter provides for
16 nomination by caucus or by filing a petition or affidavit
17 directly for the general election, the candidate filing deadline
18 or certification deadline shall be 4 p.m. on the fifteenth
19 Tuesday before the odd year general election. Until December 31,
20 2013, if a charter provides for the election at the primary of a
21 candidate who receives more than 50% of the votes cast for that
22 office, the candidate filing deadline or certification deadline
23 shall be 4 p.m. on the twelfth Tuesday before the primary.
24 Beginning January 1, 2014, if a charter provides for the election
25 at the primary of a candidate who receives more than 50% of the
26 votes cast for that office, the candidate filing deadline or
27 certification deadline shall be 4 p.m. on the fifteenth Tuesday
1 before the primary.
2 Sec. 644f. (1) Except Until December 31, 2013, and except as
3 provided in section 644e, nominating petitions for offices to be
4 filled at the odd year general election shall be filed by 4 p.m.
5 on the twelfth Tuesday prior to before the odd year primary
6 election. Beginning January 1, 2014, and except as provided in
7 section 644e, nominating petitions for offices to be filled at
8 the odd year general election shall be filed by 4 p.m. on the
9 fifteenth Tuesday before the odd year primary election. The place
10 of filing and the number of signatures shall be the same as is
11 now required by law for such offices.
12 (2) If a nonpartisan petition requirement is not contained
13 in law or charter, the minimum number of signatures shall be the
14 amount as provided for in section 544f.
15 (3) If, upon the expiration of the time for filing
16 nonpartisan petitions, not more than twice the number of
17 candidates as there are persons to be elected to that office have
18 filed, the primary for that office shall not be held and those
19 persons filing valid petitions shall be declared the nominees for
20 the offices, unless a city charter provides otherwise for city
21 offices.
22 Sec. 712. In case If
the name of any candidate regularly
23 certified to said the
board of election commissioners shall
have
24 been is omitted from such the ballots,
or in case if it is found
25 that a mistake has been made in the printing of the name of any
26 candidate on said the
ballot, said the board
of election
27 commissioners shall furnish pasters containing the name of such
1 candidate and the same shall be placed upon the ballots in the
2 same manner as provided in the case of a candidate selected to
3 fill a vacancy.have
the ballots reprinted with the candidate's
4 name on the ballots.
5 Sec. 737a. (1) Except as otherwise provided in this section,
6 the board of election inspectors shall not count a write-in vote
7 for a person unless that person has filed a declaration of intent
8 to be a write-in candidate as provided in this section. The
9 write-in candidate shall file the declaration of intent to be a
10 write-in candidate with the filing official for that elective
11 office on or before 4 p.m. on the second Friday immediately
12 before the election. The secretary of state, immediately after
13 the 4 p.m. filing deadline under this subsection, shall prepare
14 and have delivered a list of all persons who have filed a
15 declaration of intent to be a write-in candidate under this
16 subsection, if any, to the appropriate county clerks. A filing
17 official other than the secretary of state who receives a
18 declaration of intent to be a write-in candidate or list of
19 persons who filed a declaration of intent from another filing
20 official under this subsection shall prepare and have delivered a
21 list of all persons who have filed a declaration of intent to be
22 a write-in candidate to the board of election inspectors in the
23 appropriate precincts before the close of the polls on election
24 day.
25 (2) If a candidate whose name is printed on the official
26 ballot for the election dies or is otherwise disqualified on or
27 after the Wednesday 4
p.m. on the second Friday immediately
1 before the election, the requirement of filing a declaration of
2 intent to be a write-in candidate under subsection (1) does not
3 apply to a write-in candidate. If a death or disqualification has
4 occurred as described in this subsection, the board of election
5 inspectors shall count all write-in votes for write-in candidates
6 for the office sought by the deceased or disqualified candidate.
7 (3) Subsections (1) and (2) do not apply to a write-in
8 candidate for precinct delegate. The board of election inspectors
9 shall not count a write-in vote for a write-in candidate for
10 precinct delegate unless that candidate has filed a declaration
11 of intent to be a write-in candidate as provided in this
12 subsection. A write-in candidate for precinct delegate shall file
13 a declaration of intent to be a write-in candidate with the
14 appropriate city or township clerk for that precinct on or before
15 4 p.m. on the Friday immediately before the election or with the
16 board of election inspectors in the appropriate precinct before
17 the close of the polls on election day. A city or township clerk
18 who receives a declaration of intent to be a write-in candidate
19 from a write-in candidate for precinct delegate under this
20 subsection shall prepare and have delivered a list of all persons
21 who have filed a declaration of intent to be a write-in candidate
22 to the board of election inspectors in the appropriate precincts
23 before the close of the polls on election day.
24 (4) The secretary of state shall prescribe forms for the
25 declaration of intent to be a write-in candidate. Clerks shall
26 maintain a supply of declaration of intent to be a write-in
27 candidate forms in the clerk's office and make the forms
Senate Bill No. 823 (S-2) as amended June 12, 2012
1 available in the polling places during the August primary for
2 this purpose. The declaration of intent to be a write-in
3 candidate form shall include all of the following information:
4 (a) The name of the person intending to be a write-in
5 candidate.
6 (b) The elective office that the person seeks as a write-in
7 candidate.
8 (c) The residence address of the person seeking elective
9 office as a write-in candidate.
10 (d) Other information the secretary of state considers
11 appropriate.
12 [
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Senate Bill No. 823 (S-2) as amended June 12, 2012
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Senate Bill No. 823 (S-2) as amended June 12, 2012
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Senate Bill No. 823 (S-2) as amended June 12, 2012
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Senate Bill No. 823 (S-2) as amended June 12, 2012
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Senate Bill No. 823 (S-2) as amended June 12, 2012
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27 ]
Senate Bill No. 823 (S-2) as amended June 12, 2012
1 ]
2 Sec. 932c. (1) A person shall not provide compensation to
3 another person for registering individuals to vote that is based
4 upon any of the following:
5 (a) The total number of individuals a person registers to
6 vote.
7 (b) The total number of individuals a person registers to
8 vote in a particular political party.
9 (2) A person who violates this section is guilty of a felony
10 punishable by imprisonment for not more than 5 years or a fine of
11 not more than $1,000.00, or both.
12 Sec. 932e. (1) A person shall not intentionally misrepresent
13 by word or act in a polling place on election day that he or she
14 is an election official if that person is not an election
15 official.
16 (2) A person who violates this section is guilty of a
17 felony.
18 Sec. 973. (1) Party candidates shall be nominated as
19 follows: In case
20
(a) If the vacancy to be filled be
is in a state office or
21 that in the office of United States senator, the state central
22 committee of each political party shall nominate a candidate
23 therefor; in case such for
that office.
24
(b) If the vacancy be is in
a county office or in a district
25 office within an electoral district of 1 county, the county
26 executive committee of each political party shall nominate a
27 candidate therefor; in case such for that office.
1
(c) If the vacancy be is in
a district office within an
2 electoral district less than 1 county and 3 or more members of
3 the county executive committee of a political party reside in the
4 electoral district, the members of the county executive committee
5 of each that political party residing in such the electoral
6 district shall nominate the candidate therefor; if the office to
7 be filled be for that
office. If the vacancy is in a district
8 office within an electoral district less than 1 county and less
9 than 3 members of the county executive committee of a political
10 party reside in the electoral district, the county executive
11 committee of that political party shall nominate a candidate for
12 that office.
13 (d) If the vacancy is in a district office having an
14 electoral district in more than 1 county, the members of the
15 several county executive committees of each political party
16 residing in those parts of such the counties which that are
in
17 such the district shall nominate a candidate for the that office.
18 ; and if such
19
(e) If the vacancy be is in
a ward or township office and 3
20 or more members of the county executive committee of a political
21 party reside in the ward or township, the members of the county
22
executive committee of each that political
party thereof residing
23
in the ward or township shall nominate
a candidate for such that
24 office. If the vacancy is in a ward or township office and less
25 than 3 members of the county executive committee of a political
26 party reside in the ward or township, the county executive
27 committee of that political party shall nominate a candidate for
Senate Bill No.823 as amended February 8, 2012
as amended June 12, 2012
1 that office.
2
(2) All nominations by such a committee
under subsection (1)
3 shall be certified to the officer with whom the recall petitions
4 were filed within 15 days after the calling of the special
5 election.
6 [Enacting section 1. Sections 343a, 474, 649, and 707 of the
7 Michigan election law, 1954 PA 116, MCL 168.343a, 168.474, 168.649,
and 168.707, are repealed.
<<Enacting section 2. This amendatory act takes effect August 16,
2012.]>>