HOUSE BILL No. 6232


     November 5, 1998, Introduced by Rep. Rhead and referred to the Committee on Local Government.


        A bill to amend 1954 PA 116, entitled

   "Michigan election law,"

   by amending section 737a (MCL 168.737a), as added by 1996

   PA 461.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 737a.  (1) Except as otherwise provided in this sec-

 2    tion, the board of election inspectors shall not count a write-in

 3    vote for any person unless that person has filed a declaration of

 4    intent to be a write-in candidate as provided in this section.

 5    THE BOARD OF ELECTION INSPECTORS SHALL NOT COUNT A WRITE-IN VOTE

 6    FOR A PERSON WHO FILES A DECLARATION OF INTENT TO BE A WRITE-IN

 7    CANDIDATE UNDER THIS SECTION IN VIOLATION OF EITHER SUBDIVISION

 8    (A) OR (B). The write-in candidate shall file the declaration of

 9    intent to be a write-in candidate with the filing official for

10    that elective office on or before 4 p.m. on the Friday


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 1    immediately preceding the election.  A PERSON SHALL NOT FILE A

 2    DECLARATION OF INTENT TO BE A WRITE-IN CANDIDATE UNDER THIS SEC-

 3    TION IF EITHER OF THE FOLLOWING CIRCUMSTANCES EXISTS:

 4         (A) THE PERSON HAS ALREADY FILED A DECLARATION OF INTENT TO

 5    BE A WRITE-IN CANDIDATE UNDER THIS SECTION FOR ANOTHER ELECTIVE

 6    OFFICE.

 7         (B) THE PERSON'S NAME APPEARS ON THE BALLOT AS A CANDIDATE

 8    FOR ANY OTHER ELECTIVE OFFICE.

 9         (2) The secretary of state, immediately after the

10    4 p.m. filing deadline under this subsection, shall prepare and

11    cause to be delivered a list of all persons who have filed a dec-

12    laration of intent to be a write-in candidate pursuant to  this 

13    subsection (1), if any, to the appropriate county clerks.  A

14    filing official other than the secretary of state who receives a

15    declaration of intent to be a write-in candidate or list of per-

16    sons who filed a declaration of intent from another filing offi-

17    cial pursuant to  this  subsection (1) shall prepare and cause to

18    be delivered a list of all persons who have filed a declaration

19    of intent to be a write-in candidate pursuant to  this  subsec-

20    tion (1) to the board of election inspectors in the appropriate

21    precincts before the close of the polls on election day.

22         (3)  (2)  If a candidate whose name is printed on the offi-

23    cial ballot for the election dies or is otherwise disqualified on

24    or after the Wednesday immediately preceding the election, the

25    requirement of filing a declaration of intent to be a write-in

26    candidate under subsection (1) does not apply to a write-in

27    candidate.  If a death or disqualification has occurred as



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 1    described in this subsection, the board of election inspectors

 2    shall count all write-in votes for write-in candidates for the

 3    office sought by the deceased or disqualified candidate.

 4         (4)  (3)  Subsections (1),  and  (2), AND (3) do not apply

 5    to a write-in candidate for precinct delegate.  The board of

 6    election inspectors shall not count a write-in vote for a

 7    write-in candidate for precinct delegate unless that candidate

 8    has filed a declaration of intent to be a write-in candidate as

 9    provided in this subsection.  A write-in candidate for precinct

10    delegate shall file a declaration of intent to be a write-in can-

11    didate with the appropriate city or township clerk for that pre-

12    cinct on or before 4 p.m. on the Friday immediately preceding the

13    election or with the board of election inspectors in the appro-

14    priate precinct before the close of the polls on election day.  A

15    city or township clerk who receives a declaration of intent to be

16    a write-in candidate from a write-in candidate for precinct dele-

17    gate pursuant to this subsection shall prepare and cause to be

18    delivered a list of all persons who have filed a declaration of

19    intent to be a write-in candidate pursuant to this subsection to

20    the board of election inspectors in the appropriate precincts

21    before the close of the polls on election day.

22         (5)  (4)  The secretary of state shall prescribe forms for

23    the declaration of intent to be a write-in candidate.  Clerks

24    shall maintain a supply of declaration of intent to be a write-in

25    candidate forms in the clerk's office and make the forms avail-

26    able in the polling places during the August primary for this





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 1    purpose.  The declaration of intent to be a write-in candidate

 2    form shall include all of the following information:

 3         (a) The name of the person intending to be a write-in

 4    candidate.

 5         (b) The elective office that the person seeks as a write-in

 6    candidate.

 7         (c) The residence address of the person seeking elective

 8    office as a write-in candidate.

 9         (D) A STATEMENT CERTIFYING THAT THE PERSON INTENDING TO BE A

10    WRITE-IN CANDIDATE HAS NOT FILED A DECLARATION OF INTENT TO BE A

11    WRITE-IN CANDIDATE FOR ANOTHER ELECTIVE OFFICE AND THAT HIS OR

12    HER NAME DOES NOT APPEAR ON THE BALLOT AS A CANDIDATE FOR ANY

13    OTHER ELECTIVE OFFICE.

14         (E)  (d)  Any other information the secretary of state con-

15    siders appropriate.



























   06803'98          Final page.                            KKR