HOUSE BILL NO. 6166

September 03, 2020, Introduced by Rep. Chirkun and referred to the Committee on Judiciary.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 391, 392a, 409, 411, 431, 433a, and 467 (MCL 168.391, 168.392a, 168.409, 168.411, 168.431, 168.433a, and 168.467), sections 391, 409, 411, 431, 433a, and 467 as amended by 2018 PA 120.

the people of the state of michigan enact:

Sec. 391. A person An individual is not eligible to the office of justice of the supreme court unless the person individual is a registered and qualified elector of this state by the filing deadline or the date the person files the affidavit of candidacy, and the individual is licensed to practice law in this state, and at the time of election or appointment is less than 70 75 years of age.

Sec. 392a. (1) Any An incumbent justice of the supreme court may become a candidate for re-election reelection as a justice of the supreme court by filing with the secretary of state an affidavit of candidacy not less than 180 days prior to before the expiration of his or her term of office.

(2) The affidavit of candidacy shall must contain statements that the affiant is an incumbent supreme court justice, that he or she is domiciled within the state, that he will not have attained the age of 70 75 years prior to the date of election and must contain a declaration that he or she is a candidate for election to the office of supreme court justice.

Sec. 409. A person An individual is not eligible for the office of judge of the court of appeals unless the person individual is a registered and qualified elector of the appellate court district in which election is sought by the filing deadline or the date the person individual files the affidavit of candidacy, and the individual is licensed to practice law in this state, and, at the time of election or appointment, is less than 70 75 years of age.

Sec. 411. A person An individual is not eligible to the office of judge of the circuit court unless the person individual is a registered and qualified elector of the judicial circuit in which election is sought by the filing deadline or the date the person individual files the affidavit of candidacy, as provided in section 11 of article VI of the state constitution of 1963, and the individual is licensed to practice law in this state, and, at the time of election, is less than 70 75 years of age.

Sec. 431. A person An individual is not eligible to the office of judge of probate unless the person individual is a registered and qualified elector of the county in which election is sought by the filing deadline or the date the person individual files the affidavit of candidacy, as provided in section 16 of article VI of the state constitution of 1963, and the individual is licensed to practice law in this state except as provided in section 7 of the schedule and temporary provisions of the state constitution of 1963, and, at the time of election, is less than 70 75 years of age.

Sec. 433a. (1) Any An incumbent probate court judge may become a candidate in the primary election for the office of which he or she is an incumbent by filing with the county clerk, or in case of a probate district with the secretary of state, an affidavit of candidacy not less than 134 days before the date of the primary election. However, if an incumbent judge of probate was appointed to fill a vacancy and the judge entered upon the duties of office less than 137 days before the date of the primary election but before the fifteenth Tuesday before the primary election, the incumbent judge may file the affidavit of candidacy not more than 3 days after entering upon the duties of office.

(2) The affidavit of candidacy must contain statements that the affiant is an incumbent probate court judge of the county or district of which election is sought, that he or she is domiciled within the county or district, and that he or she will not attain the age of 70 75 years by the date of election, and must contain a declaration that he or she is a candidate for election to the office of probate court judge.

Sec. 467. A person An individual is not eligible for the office of judge of the district court unless the person individual is a registered and qualified elector of the judicial district and election division in which election is sought by the filing deadline or the date the person individual files the affidavit of candidacy, and the individual is licensed to practice law in this state, and, at the time of election or appointment, is less than 70 75 years of age.

Enacting section 1. This amendatory act does not take effect unless Senate Joint Resolution ____ or House Joint Resolution U (request no. 02850'19) of the 100th Legislature becomes a part of the state constitution of 1963 as provided in section 1 of article XII of the state constitution of 1963.