SENATE BILL No. 1012

 

 

May 16, 2018, Introduced by Senator ROBERTSON and referred to the Committee on Elections and Government Reform.

 

 

      A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 736b, 736c, 736d, 736e, 951a, and 952 (MCL

 

168.736b, 168.736c, 168.736d, 168.736e, 168.951a, and 168.952),

 

sections 736b, 736d, and 736e as added by 2012 PA 128, section

 

736c as amended by 2015 PA 268, and section 951a as added and

 

section 952 as amended by 2012 PA 417.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 736b. Each ballot secrecy sleeve used at a primary

 

 2  election shall must either contain the following ballot marking

 

 3  instructions printed on the front of the ballot secrecy sleeve or

 

 4  shall must have a clear plastic pocket on the front of the ballot

 


 1  secrecy sleeve that contains a printed copy of the following

 

 2  ballot marking instructions:

 

 

3

                         PRIMARY ELECTION

4

TO VOTE: Completely darken the oval opposite each choice as shown:

5

[insert graphic here].

6

                             -- OR --

7

TO VOTE: Complete the arrow Completely darken the box opposite

8

each choice as shown: [insert graphic here].

9

IMPORTANT: To mark your ballot, use only a black or blue ink pen.

10

DO NOT USE ANY OTHER INK COLOR!

11

PARTISAN SECTION: There are two may be multiple party sections

12

on the ballot. : Republican Party and Democratic party. Select

13

the party section of your choice. YOU MAY VOTE IN ONE PARTY

14

SECTION ONLY; YOU CANNOT "SPLIT YOUR TICKET." IF YOU VOTE IN

15

MORE THAN ONE PARTY SECTION, YOUR PARTISAN BALLOT WILL BE

16

REJECTED.

17

DO NOT vote for more candidates than indicated under each office

18

title.

19

WRITE-IN CANDIDATES: To vote for a candidate whose name is not

20

printed on the ballot, write or place the name of that candidate

21

in the blank space provided and (completely darken the oval) or

22

(complete the arrow). completely darken the voting target area.

23

Do not cast a write-in vote for a candidate whose name is

24

already printed on the ballot for that office.

25

CHECK BOTH SIDES OF BALLOT: This ballot has two sides. Be certain

26

to check the reverse side of the ballot.

27

WHEN YOU HAVE COMPLETED VOTING: Place the ballot in the secrecy

28

sleeve so that votes cannot be seen and the numbered stub is

29

visible. Return the ballot to the election official stationed at

30

the tabulator. (If voting by absentee ballot, follow the


1

instructions provided by the clerk for returning the ballot.)

2

NOTE: If you make a mistake, return your ballot to the election

3

official and obtain a new ballot. Do not attempt to erase  or

4

correct any marks made in error.

 

 

 5        Sec. 736c. Each ballot secrecy sleeve used at a general

 

 6  election shall must either contain the following ballot marking

 

 7  instructions printed on the front of the ballot secrecy sleeve or

 

 8  shall must have a clear plastic pocket on the front of the ballot

 

 9  secrecy sleeve that contains a printed copy of the following

 

10  ballot marking instructions:

 

 

11

                         GENERAL ELECTION

12

TO VOTE: Completely darken the oval opposite each choice as shown:

13

[insert graphic here].

14

                             -- OR --

15

TO VOTE: Complete the arrow Completely darken the box opposite

16

each choice as shown: [insert graphic here].

17

IMPORTANT: To mark your ballot, use only a black or blue ink pen.

18

DO NOT USE ANY OTHER INK COLOR!

19

PARTISAN SECTION: To vote the partisan section of the ballot, you

20

may cast a "mixed ticket."

21

Mixed Ticket: Vote for the individual candidates of your choice

22

in each office.

23

NONPARTISAN and PROPOSAL SECTIONS of the ballot (if any) must be

24

voted separately.

25

DO NOT vote for more candidates than indicated under each office

26

title.

27

WRITE-IN CANDIDATES: To vote for a candidate whose name is not

28

printed on the ballot, write or place the name of that candidate


1

in the blank space provided and (completely darken the oval) or

2

(complete the arrow). completely darken the voting target area.

3

Do not cast a write-in vote for a candidate whose name is

4

already printed on the ballot for that office.

5

CHECK BOTH SIDES OF BALLOT: This ballot has two sides. Be certain

6

to check the reverse side of the ballot.

7

WHEN YOU HAVE COMPLETED VOTING: Place the ballot in the secrecy

8

sleeve so that votes cannot be seen and the numbered stub is

9

visible. Return the ballot to the election official stationed at

10

the tabulator. (If voting by absentee ballot, follow the

11

instructions provided by the clerk for returning the ballot.)

12

NOTE: If you make a mistake, return your ballot to the election

13

official and obtain a new ballot. Do not attempt to erase or

14

correct any marks made in error.

 

 

15        Sec. 736d. Each ballot secrecy sleeve used at a nonpartisan

 

16  election shall must either contain the following ballot marking

 

17  instructions printed on the front of the ballot secrecy sleeve or

 

18  shall must have a clear plastic pocket on the front of the ballot

 

19  secrecy sleeve that contains a printed copy of the following

 

20  ballot marking instructions:

 

 

21

                       NONPARTISAN ELECTION

22

TO VOTE: Completely darken the oval opposite each choice as shown:

23

[insert graphic here].

24

                             -- OR --

25

TO VOTE: Complete the arrow Completely darken the box opposite

26

each choice as shown: [insert graphic here].

27

IMPORTANT: To mark your ballot, use only a black or blue ink pen.

28

DO NOT USE ANY OTHER INK COLOR!


1

DO NOT vote for more candidates than indicated under each office

2

title.

3

WRITE-IN CANDIDATES: To vote for a candidate whose name is not

4

printed on the ballot, write or place the name of that candidate in

5

the blank space provided and (completely darken the oval) or

6

(complete the arrow). completely darken the voting target area.

7

Do not cast a write-in vote for a candidate whose name is

8

already printed on the ballot for that office.

9

CHECK BOTH SIDES OF BALLOT: This ballot has two sides. Be certain

10

to check the reverse side of the ballot.

11

WHEN YOU HAVE COMPLETED VOTING: Place the ballot in the secrecy

12

sleeve so that votes cannot be seen and the numbered stub is

13

visible. Return the ballot to the election official stationed at

14

the tabulator. (If voting by absentee ballot, follow the

15

instructions provided by the clerk for returning the ballot.)

16

NOTE: If you make a mistake, return your ballot to the election

17

official and obtain a new ballot. Do not attempt to erase or

18

correct any marks made in error.

 

 

19        Sec. 736e. Each ballot secrecy sleeve used at a special

 

20  election shall must either contain the following ballot marking

 

21  instructions printed on the front of the ballot secrecy sleeve or

 

22  shall must have a clear plastic pocket on the front of the ballot

 

23  secrecy sleeve that contains a printed copy of the following

 

24  ballot marking instructions:

 

 

25

                         SPECIAL ELECTION

26

TO VOTE: Completely darken the oval opposite each choice as shown:

27

[insert graphic here].

28

                             -- OR --


1

TO VOTE: Complete the arrow Completely darken the box opposite

2

each choice as shown: [insert graphic here].

3

IMPORTANT: To mark your ballot, use only a black or blue ink pen.

4

DO NOT USE ANY OTHER INK COLOR!

5

CHECK BOTH SIDES OF BALLOT: This ballot has two sides. Be certain

6

to check the reverse side of the ballot.

7

WHEN YOU HAVE COMPLETED VOTING: Place the ballot in the secrecy

8

sleeve so that votes cannot be seen and the numbered stub is

9

visible. Return the ballot to the election official stationed at

10

the tabulator. (If voting by absentee ballot, follow the

11

instructions provided by the clerk for returning the ballot.)

12

NOTE: If you make a mistake, return your ballot to the election

13

official and obtain a new ballot. Do not attempt to erase  or

14

correct any marks made in error.

 

 

15        Sec. 951a. (1) A petition for the recall of an officer

 

16  listed in section 959 shall must meet all of the following

 

17  requirements:

 

18        (a) Comply with section 544c(1) and (2).

 

19        (b) Be printed.

 

20        (c) State factually and clearly each reason for the recall.

 

21  Each reason for the recall shall must be based upon the officer's

 

22  conduct during his or her current term of office. The reason for

 

23  the recall may be typewritten. If any reason for the recall is

 

24  based on the officer's conduct in connection with specific

 

25  legislation, the reason for the recall shall must not

 

26  misrepresent the content of the specific legislation.

 

27        (d) Contain a certificate of the circulator. The certificate

 

28  of the circulator may be printed on the reverse side of the

 


 1  petition.

 

 2        (e) Be in a form prescribed by the secretary of state.

 

 3        (2) Before being circulated, a petition for the recall of an

 

 4  officer under subsection (1) shall must be submitted to the board

 

 5  of state canvassers.

 

 6        (3) The board of state canvassers, not less than 10 days or

 

 7  more than 20 days after submission to it of a petition for the

 

 8  recall of an officer under subsection (1), shall meet and shall

 

 9  determine by an affirmative vote of 3 of the members serving on

 

10  the board of state canvassers whether each reason for the recall

 

11  stated in the petition is factual and of sufficient clarity to

 

12  enable the officer whose recall is sought and the electors to

 

13  identify the course of conduct that is the basis for the recall.

 

14  If any reason for the recall is not factual or of sufficient

 

15  clarity, the entire recall petition shall must be rejected.

 

16  Failure of the board of state canvassers to meet as required by

 

17  this subsection shall constitute constitutes a determination that

 

18  each reason for the recall stated in the petition is factual and

 

19  of sufficient clarity to enable the officer whose recall is being

 

20  sought and the electors to identify the course of conduct that is

 

21  the basis for the recall.

 

22        (4) The board of state canvassers, not later than 24 hours 3

 

23  business days after receipt of a petition for the recall of an

 

24  officer as provided under subsection (2), shall notify the

 

25  officer whose recall is sought of each reason stated in the

 

26  recall petition and of the date of the meeting of the board of

 

27  state canvassers to consider whether each reason is factual and

 


 1  of sufficient clarity.

 

 2        (5) The officer whose recall is sought and the sponsors of

 

 3  the recall petition may appear at the meeting and present

 

 4  arguments on whether each reason is factual and of sufficient

 

 5  clarity.

 

 6        (6) The determination by the board of state canvassers may

 

 7  be appealed by the officer whose recall is sought or by the

 

 8  sponsors of the recall petition drive to the Michigan court of

 

 9  appeals. The appeal shall must be filed not more than 10 days

 

10  after the determination of the board of state canvassers. If a

 

11  determination of the board of state canvassers is appealed to the

 

12  Michigan court of appeals, the recall petition is not valid for

 

13  circulation and shall must not be circulated until a

 

14  determination of whether each reason is factual and of sufficient

 

15  clarity is made by the Michigan court of appeals or until 40 days

 

16  after the date of the appeal, whichever is sooner.

 

17        (7) A petition is not valid for circulation if at any time

 

18  the Michigan court of appeals determines that each reason on the

 

19  recall petition is not factual and of sufficient clarity.

 

20        (8) A recall petition is valid for 180 days after either of

 

21  the following, whichever occurs later:

 

22        (a) The date of determination of whether each reason is

 

23  factual and of sufficient clarity by the board of state

 

24  canvassers.

 

25        (b) The sooner of the following:

 

26        (i) The date of determination of whether each reason is

 

27  factual and of sufficient clarity by the Michigan court of

 


 1  appeals.

 

 2        (ii) Subject to subsection (7), 40 days after the date of the

 

 3  appeal under subsection (6).

 

 4        (9) A recall petition that is filed after the 180-day period

 

 5  described in subsection (8) is not valid and shall must not be

 

 6  accepted by the filing official under section 961. This

 

 7  subsection does not prohibit a person from resubmitting a recall

 

 8  petition for a determination of sufficient clarity and

 

 9  factualness under this section.

 

10        Sec. 952. (1) A petition for the recall of an officer listed

 

11  in section 960 shall must meet all of the following requirements:

 

12        (a) Comply with section 544c(1) and (2).

 

13        (b) Be printed.

 

14        (c) State factually and clearly each reason for the recall.

 

15  Each reason for the recall shall must be based upon the officer's

 

16  conduct during his or her current term of office. The reason for

 

17  the recall may be typewritten.

 

18        (d) Contain a certificate of the circulator. The certificate

 

19  of the circulator may be printed on the reverse side of the

 

20  petition.

 

21        (e) Be in a form prescribed by the secretary of state.

 

22        (2) Before being circulated, a petition for the recall of an

 

23  officer under subsection (1) shall must be submitted to the board

 

24  of county election commissioners of the county in which the

 

25  officer whose recall is sought resides.

 

26        (3) The board of county election commissioners, not less

 

27  than 10 days or more than 20 days after submission to it of a

 


 1  petition for the recall of an officer under subsection (1), shall

 

 2  meet and shall determine whether each reason for the recall

 

 3  stated in the petition is factual and of sufficient clarity to

 

 4  enable the officer whose recall is sought and the electors to

 

 5  identify the course of conduct that is the basis for the recall.

 

 6  If any reason for the recall is not factual or of sufficient

 

 7  clarity, the entire recall petition shall must be rejected.

 

 8  Failure of the board of county election commissioners to meet as

 

 9  required by this subsection shall constitute constitutes a

 

10  determination that each reason for the recall stated in the

 

11  petition is factual and of sufficient clarity to enable the

 

12  officer whose recall is being sought and the electors to identify

 

13  the course of conduct that is the basis for the recall.

 

14        (4) The board of county election commissioners, not later

 

15  than 24 hours 3 business days after receipt of a petition for the

 

16  recall of an officer as provided under subsection (2), shall

 

17  notify the officer whose recall is sought of each reason stated

 

18  in the recall petition and of the date of the meeting of the

 

19  board of county election commissioners to consider whether each

 

20  reason is factual and of sufficient clarity.

 

21        (5) The officer whose recall is sought and the sponsors of

 

22  the recall petition may appear at the meeting and present

 

23  arguments on whether each reason is factual and of sufficient

 

24  clarity.

 

25        (6) The determination by the board of county election

 

26  commissioners may be appealed by the officer whose recall is

 

27  sought or by the sponsors of the recall petition drive to the

 


 1  circuit court in the county. The appeal shall must be filed not

 

 2  more than 10 days after the determination of the board of county

 

 3  election commissioners. If a determination of the board of county

 

 4  election commissioners is appealed to the circuit court in the

 

 5  county, the recall petition is not valid for circulation and

 

 6  shall must not be circulated until a determination of whether

 

 7  each reason is factual and of sufficient clarity is made by the

 

 8  circuit court or until 40 days after the date of the appeal,

 

 9  whichever is sooner.

 

10        (7) A petition is not valid for circulation if at any time a

 

11  circuit court determines that each reason on the recall petition

 

12  is not factual and of sufficient clarity.

 

13        (8) A recall petition is valid for 180 days after either of

 

14  the following, whichever occurs later:

 

15        (a) The date of determination of whether each reason is

 

16  factual and of sufficient clarity by the board of county election

 

17  commissioners.

 

18        (b) The sooner of the following:

 

19        (i) The date of determination of whether each reason is

 

20  factual and of sufficient clarity by the circuit court.

 

21        (ii) Subject to subsection (7), 40 days after the date of the

 

22  appeal under subsection (6).

 

23        (9) A recall petition that is filed after the 180-day period

 

24  described in subsection (8) is not valid and shall must not be

 

25  accepted by the filing official under section 961. This

 

26  subsection does not prohibit a person from resubmitting a recall

 

27  petition for a determination of sufficient clarity and

 


 1  factualness under this section.