House Introduced Bill 5218

HOUSE BILL No. 5218


     December 10, 1999, Introduced by Rep. Richner and referred to the Committee on Family and Civil Law.


        A bill to amend 1954 PA 116, entitled

   "Michigan election law,"

   by amending sections 409a, 409b, 409d, 409e, 409f, 412, 413,

   413a, 415, 416, 417, 424a, 432, 433, 433a, 435, 435a, 436, 437,

   467a, 467b, 467c, 467e, 467f, and 467g (MCL 168.409a, 168.409b,

   168.409d, 168.409e, 168.409f, 168.412, 168.413, 168.413a,

   168.415, 168.416, 168.417, 168.424a, 168.432, 168.433, 168.433a,

   168.435, 168.435a, 168.436, 168.437, 168.467a, 168.467b,

   168.467c, 168.467e, 168.467f, and 168.467g), sections 409d, 409e,

   415, 416, 424a, 435, 435a, 436, 467c, 467e, and 467f as amended

   by 1990 PA 32, sections 409b, 413, 433, and 467b as amended by

   1996 PA 583, and section 467a as amended by 1981 PA 4; and to

   repeal acts and parts of acts.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:




   02121'99 **                                              CAS
                                                 2

 1
           Sec. 409a.  (1)  A  EXCEPT AS PROVIDED IN SUBSECTION (2), A

 2
      general nonpartisan primary election shall be held in every

 3
      appellate court district of this state on the Tuesday

 4
       succeeding  AFTER the first Monday in August  preceding 
   BEFORE

 5
      every general November election in which judges of the court of

 6
      appeals are to be elected  , at which time  FOR the qualified and

 7
      registered electors  may  TO vote for nonpartisan candidates for

 8
       the office of  judge of the court of appeals.  :  Provided, how-

 9
      ever, That if, upon expiration of the time 

10
           (2) IF, AFTER THE DEADLINE for filing petitions for the pri-

11
      mary election  of said  FOR judge of the court of appeals in

12
       any  AN appellate court district,  it shall appear that 
   there

13
      are not  to exceed twice the number of candidates as there are

14
      persons to be elected  AT LEAST 3 CANDIDATES FOR EACH POSITION

15
      NUMBER, then the FOLLOWING SHALL OCCUR:

16
           (A) THE secretary of state shall certify to the county board

17
      or boards of election commissioners the names of  such  THE can-

18
      didates for EACH POSITION NUMBER FOR court of appeals judge whose

19
      nominating petitions, filing fee, or affidavit of candidacy

20
       have  HAS been properly filed.  , and such 

21
           (B) THOSE candidates shall be the nominees for judge of the

22
      court of appeals FOR THAT POSITION NUMBER and shall be  so  cer-

23
      tified AS THE CANDIDATES FOR THAT POSITION NUMBER.  As to such

24
      office there shall be no primary election and this office 

25
           (C) THERE SHALL NOT BE A PRIMARY ELECTION FOR THAT SPECIFIED

26
      POSITION NUMBER AND THE POSITION NUMBER shall be omitted from the

27
      judicial primary ballot.



   02121'99 **
                                   3

 1
           Sec. 409b.  (1)  To obtain the printing of IN ORDER FOR the

 2
      name of a qualified person other than an incumbent judge of the

 3
      court of appeals TO APPEAR as a candidate for nomination for the

 4
      office of judge of the court of appeals  upon  ON the official

 5
      nonpartisan primary  ballots, there  BALLOT, A NOMINATING

 6
      PETITION shall be filed with the secretary of state. THE nominat-

 7
      ing  petitions containing  PETITION SHALL CONTAIN the signatures,

 8
      addresses, and dates of signing of a number of qualified and reg-

 9
      istered electors residing in the appellate court district equal

10
      to not less than 1/2 of 1% or more than 2% of the total number of

11
      votes cast in that appellate court district for secretary of

12
      state at the last general November election in which a secretary

13
      of state was elected.  The provisions of sections 544a and 544b

14
      apply.  The  secretary of state shall receive  nominating peti-

15
      tions  up to  SHALL BE FILED WITH THE SECRETARY OF STATE NO LATER

16
      THAN 4 p.m. on the twelfth Tuesday  preceding  BEFORE the

17
      primary.

18
           (2) Nominating petitions filed under this section are valid

19
      only if they clearly indicate  for which of the following

20
      offices  THE JUDICIAL OFFICE AND POSITION NUMBER FOR WHICH the

21
      candidate is filing.  , consistent with subsection (6):  EACH

22
      JUDICIAL OFFICE SHALL BE DESIGNATED WITH A POSITION NUMBER.  ONCE

23
      A POSITION NUMBER IS DESIGNATED FOR A JUDICIAL OFFICE, THAT JUDI-

24
      CIAL OFFICE SHALL MAINTAIN THE SAME POSITION NUMBER DESIGNATION

25
      REGARDLESS OF A CHANGE IN THE INDIVIDUAL HOLDING THE JUDICIAL

26
      OFFICE.  THE POSITION NUMBER IS DESIGNATED WHETHER OR NOT THERE





   02121'99 **
                                   4

 1
      IS AN INCUMBENT IN THE JUDICIAL OFFICE SEEKING ELECTION AND IS

 2
      DETERMINED AS FOLLOWS:

 3
            (a) An unspecified existing judgeship for which the incum-

 4
      bent judge is seeking election.

 5
           (b) An unspecified existing judgeship for which the incum-

 6
      bent judge is not seeking election.

 7
           (c) A new judgeship. 

 8
           (A) BEGINNING WITH ELECTIONS AFTER JANUARY 1, 2000, THE

 9
      FIRST JUDICIAL OFFICE SCHEDULED TO BE FILLED BY ELECTION IS DES-

10
      IGNATED POSITION NUMBER 1, THE NEXT IS DESIGNATED POSITION NUMBER

11
      2, AND THE REMAINING JUDICIAL OFFICES SHALL BE DESIGNATED IN THE

12
      SAME MANNER.

13
           (B) IF MORE THAN 1 JUDICIAL OFFICE IS SCHEDULED TO BE FILLED

14
      AT THE SAME ELECTION, THE OFFICE HELD BY THE JUDGE WITH THE LARG-

15
      EST NUMBER OF YEARS OF CONTINUOUS SERVICE IS DESIGNATED WITH THE

16
      LOWEST POSITION NUMBER.

17
           (C) IF 2 OR MORE JUDICIAL OFFICES ARE SCHEDULED TO BE FILLED

18
      AT THE SAME ELECTION AND THE INCUMBENTS HAVE THE SAME NUMBER OF

19
      YEARS OF CONTINUOUS SERVICE, THE OFFICE HELD BY THE JUDGE WITH

20
      THE LAST NAME WITH THE LOWEST ALPHABETICAL LETTER SHALL BE DESIG-

21
      NATED WITH THE LOWEST POSITION NUMBER.

22
           (3)  Nominating petitions  A NOMINATING PETITION, AFFIDAVIT

23
      OF INCUMBENCY, FILING FEE, BALLOT, OR OTHER ELECTION-RELATED FORM

24
      OR DOCUMENT SHALL LIST THE DESIGNATED POSITION NUMBER OF THE

25
      JUDICIAL OFFICE FOR WHICH THE CANDIDATE IS SEEKING ELECTION.  A

26
      NOMINATING PETITION specifying a  new or existing  POSITION

27
      NUMBER FOR A court of appeals judgeship may not be used to



   02121'99 **
                                   5

 1
      qualify a candidate for another  judicial office of  POSITION

 2
      NUMBER FOR the same court in the same judicial district.  A NOMI-

 3
      NATING PETITION THAT DOES NOT CONTAIN THE POSITION NUMBER DESIG-

 4
      NATION IS INVALID. A person who files for election to more than 1

 5
      court of appeals  judgeship shall have  POSITION NUMBER HAS not

 6
      more than 3 days following the close of filing to withdraw from

 7
      all but 1 filing.

 8
           (4) An incumbent judge of the court of appeals may become a

 9
      candidate in the primary election for the office AND POSITION

10
      NUMBER of which he or she is the incumbent by filing with the

11
      secretary of state an affidavit of candidacy not less than 120

12
      days before the date of the primary election.  The affidavit of

13
      candidacy shall contain statements that the affiant is an incum-

14
      bent judge of the court of appeals, is domiciled within the dis-

15
      trict, will not attain the age of 70 by the date of election, and

16
      is a candidate for election to the office AND SPECIFIED POSITION

17
      NUMBER of judge of the court of appeals.

18
           (5) In the primary and general November election for 2 or

19
      more  judgeships  JUDICIAL OFFICES of the court of appeals in a

20
      judicial district, each  of the following categories of

21
      candidates  JUDICIAL OFFICE SHALL BE DESIGNATED WITH A POSITION

22
      NUMBER AND THE POSITION NUMBER ALONG WITH THE CANDIDATES' NAMES

23
      FOR THE SPECIFIED POSITION NUMBER shall be listed separately on

24
      the ballot.  , consistent with subsection (6):  IN THE PRIMARY OR

25
      GENERAL ELECTION FOR A JUDGE OF THE COURT OF APPEALS, AN INCUM-

26
      BENT JUDGE WHO IS A CANDIDATE SHALL HAVE PRINTED UPON THE BALLOT

27
      UNDER THE NAME OF THE CANDIDATE THE DESIGNATION OF THAT OFFICE.



   02121'99 **
                                   6

 1
            (a) The names of candidates for the judgeship or judgeships

 2
      for which the incumbent is seeking election.

 3
           (b) The names of candidates for the judgeship or judgeships

 4
      for which the incumbent is not seeking election.

 5
           (c) The names of candidates for a newly created judgeship or

 6
      judgeships.

 7
           (6) If the death or disqualification of an incumbent judge

 8
      triggers the application of section 409d(2), then for the pur-

 9
      poses of subsections (2) and (5), that judgeship shall be

10
      regarded as a judgeship for which the incumbent judge is not

11
      seeking election.  The application of this subsection includes,

12
      but is not limited to, circumstances in which the governor

13
      appoints an individual to fill the vacancy and that individual

14
      seeks to qualify as a nominee under section 409d(2). 

15
           Sec. 409d.  (1)  In  FOR each SPECIFIED POSITION NUMBER IN

16
      AN appellate court district, the 2 candidates for  office of 

17
      judge of the court of appeals receiving the largest number of

18
      votes at  any  A primary election,  to a number equal to twice

19
      the number of persons to be elected as set forth in the report of

20
      the board of state canvassers,  based on the returns from the

21
      various boards of county canvassers and election precincts, or as

22
      determined by the board of state canvassers as the result of a

23
      recount, shall be declared the nominees for the office at the

24
      next general November election.  The board of state canvassers

25
      shall certify the nomination to the county election commissions.

26
           (2) If, after the deadline for filing nominating petitions

27
      under section 409b, there are  fewer  LESS THAN 2 candidates for



   02121'99 **
                                   7

 1
      nomination or nominees for the  office  SPECIFIED POSITION NUMBER

 2
      of judge of the court of appeals  than there are persons to be

 3
      elected at the general November election  because of the death or

 4
      disqualification of a candidate more than 65 days before the gen-

 5
      eral November election, then a person, whether or not an incum-

 6
      bent, may qualify as  a  THE nominee for that  office 
   POSITION

 7
      NUMBER at the general November election by filing nominating

 8
      petitions as required by section 409b.  However, the filing shall

 9
      be made before 4 p.m. on the twenty-first day following the death

10
      or disqualification of the candidate or 4 p.m. on the sixtieth

11
      day  preceding  BEFORE the general November election, whichever

12
      is earlier, and the minimum number of signatures required is

13
      1,000 or 1/2 the minimum number required under section 409b,

14
      whichever is less.

15
           (3) The secretary of state shall certify the nomination of

16
      each person who qualifies as a nominee under subsection (2) to

17
      the board of election commissioners of each county in the appel-

18
      late court district for the general November election.

19
           Sec. 409e.  (1) Except as otherwise provided in this sec-

20
      tion, a judge or judges of the court of appeals shall be elected

21
      in each appellate court district at the general November election

22
      in which judges of the court of appeals are to be elected.  as

23
      provided by law. 

24
           (2) If there  are fewer nominees for the office of  IS NOT

25
      AT LEAST 1 NOMINEE FOR A SPECIFIED POSITION FOR judge of the

26
      court of appeals  than there are persons  to be elected at the

27
      general November election because of the death or



   02121'99 **
                                   8

 1
      disqualification of a nominee less than 66 days before the

 2
      general November election, then a person shall not be elected at

 3
      that general November election  to any office  FOR THE SPECIFIED

 4
      POSITION NUMBER of judge of the court of appeals.  for which

 5
      there is no nominee. 

 6
           (3) The term of office for judge of the court of appeals

 7
      shall be 6 years,  commencing  BEGINNING at 12 noon on January 1

 8
       next following  AFTER his or her election and  shall continue
   

 9
      CONTINUING until a successor is elected and qualified.

10
           Sec. 409f.  The board of state canvassers shall determine

11
      which candidate  or candidates for the office of  FOR A SPECIFIED

12
      POSITION NUMBER FOR judge of the court of appeals in each dis-

13
      trict received the greatest number of votes and shall declare

14
       such  THAT candidate  or candidates  duly elected.  The
   board

15
      shall  forthwith  IMMEDIATELY make and subscribe on its statement

16
      of returns a certificate of  such  THE determination and deliver

17
      it to the secretary of state.  AN ELECTION RESULT CERTIFICATION

18
      SHALL INCLUDE THE NAME OF THE INDIVIDUAL ELECTED, THE JUDICIAL

19
      OFFICE, AND THE POSITION NUMBER.

20
           Sec. 412.  (1)  A  EXCEPT AS PROVIDED IN SUBSECTION (2), A

21
      general nonpartisan primary election shall be held in every

22
      county of this state on the Tuesday  succeeding  AFTER the first

23
      Monday in August  prior to  BEFORE the general election at which

24
      judges of the circuit court are elected  , at which time  FOR the

25
      qualified and registered electors  may  TO vote for nonpartisan

26
      candidates for  the office of  CIRCUIT COURT judge.  of the

27
      circuit court.  If, upon the expiration of the time 



   02121'99 **
                                   9

 1
           (2) IF, AFTER THE DEADLINE for filing petitions or

 2
      incumbency affidavits of candidacy for the primary election  of

 3
      said judge of the circuit court in any  FOR CIRCUIT COURT JUDGE

 4
      IN A judicial circuit,  it shall appear that  there are not  to

 5
      exceed twice the number of candidates as there are persons to be

 6
      elected, then the  AT LEAST 3 CANDIDATES FOR EACH POSITION

 7
      NUMBER, THEN THE FOLLOWING SHALL OCCUR:

 8
           (A) THE secretary of state shall certify to the county board

 9
      of election commissioners the  name of such candidate  NAMES OF

10
      THE CANDIDATES FOR EACH POSITION NUMBER for circuit court judge

11
      whose petitions or affidavits have been properly filed.  , and

12
      such candidate 

13
           (B) THOSE CANDIDATES shall be the  nominee  NOMINEES for

14
       the  judge of the circuit court FOR THAT POSITION NUMBER and

15
      shall be  so  certified AS THE CANDIDATES FOR THE POSITION

16
      NUMBER.  As to such office, there 

17
           (C) THERE shall be no primary election  and this office  FOR

18
      THAT SPECIFIED POSITION NUMBER AND THE POSITION NUMBER shall be

19
      omitted from the judicial primary ballot.

20
           Sec. 413.  To obtain the printing of  EXCEPT AS OTHERWISE

21
      PROVIDED IN SECTION 413A, IN ORDER FOR the name of a person TO

22
      APPEAR as a candidate for nomination for  the office of  CIRCUIT

23
      COURT judge  of the circuit court upon  ON the official nonparti-

24
      san primary  ballots, there  BALLOT, A NOMINATING PETITION shall

25
      be filed with the secretary of state. THE nominating  petitions

26
      containing  PETITION SHALL CONTAIN the signatures, addresses, and

27
      dates of signing of a number of qualified and registered electors



   02121'99 **
                                  10

 1
      residing in the judicial circuit, equal to not less than 1% or

 2
      more than 2% of the total number of votes cast in that judicial

 3
      district for secretary of state at the last general November

 4
      election in which a secretary of state was elected.  or by the

 5
      filing of an affidavit according to section 413a.  The secretary

 6
      of state shall receive the nominating petitions up to  THE NOMI-

 7
      NATING PETITION SHALL BE FILED WITH THE SECRETARY OF STATE NO

 8
      LATER THAN 4 p.m. of the twelfth Tuesday  preceding  BEFORE the

 9
      primary.  The provisions of sections 544a and 544b apply.

10
           Sec. 413a.  Any  AN incumbent circuit court judge may

11
      become a candidate in the primary election for the office AND

12
      POSITION NUMBER of which he OR SHE is an incumbent by filing with

13
      the secretary of state an affidavit of candidacy not less than

14
      120 days  prior to  BEFORE the date of the primary election.  The

15
      affidavit of candidacy shall contain statements that the affiant

16
      is an incumbent circuit court judge for the circuit in which

17
      election is sought, that he OR SHE is domiciled within the cir-

18
      cuit, AND that he OR SHE will not attain the age of 70 by the

19
      date of election, and a declaration that he OR SHE is a candidate

20
      for election to the office AND SPECIFIED POSITION NUMBER of cir-

21
      cuit court judge.

22
           Sec. 415.  (1) The 2 candidates for  the office of  A SPECI-

23
      FIED POSITION NUMBER FOR CIRCUIT COURT judge  of the circuit

24
      court  receiving the largest number of votes at  any  A
   primary

25
      election,  to a number equal to twice the number of persons to be

26
      elected as set forth in the report of the board of state

27
      canvassers,  based on the returns from the various county boards



   02121'99 **
                                  11

 1
      of canvassers and election precincts or as determined by the

 2
      board of state canvassers as the result of a recount, shall be

 3
      declared the nominees for the office at the next general

 4
      election.  The board of state canvassers shall certify the nomi-

 5
      nation to the county election commissions.

 6
           (2) If, after the deadline for filing nominating petitions

 7
      under section 413, there are  fewer  LESS THAN 2 candidates for

 8
      nomination  or nominees  for the  office of  SPECIFIED
   POSITION

 9
      NUMBER OF CIRCUIT COURT judge  of the circuit court than there

10
      are persons  to be elected at the general November election

11
      because of the death or disqualification of a candidate more than

12
      65 days before the general November election, then a person,

13
      whether or not an incumbent, may qualify as a nominee for that

14
       office  POSITION NUMBER at the general November election by

15
      filing nominating petitions as required by section 413.  However,

16
      the filing shall be made before 4 p.m. on the twenty-first day

17
      following the death or disqualification of the candidate or 4

18
      p.m. on the sixtieth day  preceding  BEFORE the general November

19
      election, whichever is earlier, and the minimum number of signa-

20
      tures required is 1,000 or 1/2 the minimum number required under

21
      section 413, whichever is less.

22
           (3) The secretary of state shall certify the nomination of

23
      each person who qualifies as a nominee under subsection (2) to

24
      the board of election commissioners specified by section 687 for

25
      the general November election.

26
           Sec. 416.  (1) Except as otherwise provided in this section,

27
      a judge or judges of the circuit court shall be elected in each



   02121'99 **
                                  12

 1
      judicial circuit at the general election in which judges of the

 2
      circuit court are to be elected.  as provided by law. 

 3
           (2) If there  are fewer nominees for the office of  IS NOT

 4
      AT LEAST 1 CANDIDATE FOR A SPECIFIED POSITION NUMBER FOR CIRCUIT

 5
      COURT judge  of the circuit court than there are persons  to be

 6
      elected at the general November election because of the death or

 7
      disqualification of a nominee less than 66 days before the gen-

 8
      eral November election, then a person shall not be elected at

 9
      that general November election  to any office of  FOR THE SPECI-

10
      FIED POSITION NUMBER OF CIRCUIT COURT judge.  of the circuit

11
      court for which there is no nominee. 

12
           Sec. 417.  The board of state canvassers shall determine

13
      which candidate  or candidates  for  the office of  A
   SPECIFIED

14
      POSITION NUMBER FOR CIRCUIT COURT judge  of the circuit court 

15
      received the greatest number of votes and shall declare  such 

16
      THAT candidate  or candidates  duly elected.  The  said 
   board

17
      shall  forthwith  make IMMEDIATELY and subscribe on its statement

18
      of returns a certificate of  such  THE determination and deliver

19
       the same  IT to the secretary of state.  AN ELECTION RESULT CER-

20
      TIFICATION SHALL INCLUDE THE NAME OF THE INDIVIDUAL ELECTED, THE

21
      JUDICIAL OFFICE, AND THE POSITION NUMBER.

22
           Sec. 424a.  (1) In the primary and general election for 2

23
      or more judgeships of the circuit court, each of the following

24
      categories of candidates shall be listed separately on the

25
      ballot, consistent with subsection (3):

26
           (a) The names of candidates for the judgeship or judgeships

27
      for which the incumbent is seeking election.



   02121'99 **
                                  13

 1
           (b) The names of candidates for an existing judgeship or

 2
      judgeships for which the incumbent is not seeking election.

 3
           (c) The names of candidates for a newly created judgeship or

 4
      judgeships.

 5
           (2) Nominating petitions filed under section 413 are valid

 6
      only if they clearly indicate for which of the following offices

 7
      the candidate is filing, consistent with subsection (3):

 8
           (a) An unspecified existing judgeship for which the incum-

 9
      bent judge is not seeking election.

10
           (b) A new judgeship.

11
           (c) An unspecified existing judgeship for which the incum-

12
      bent judge is seeking election.

13
           (3) If the death or disqualification of an incumbent judge

14
      triggers the application of section 415(2), then for the purposes

15
      of subsections (1) and (2), that judgeship shall be regarded as a

16
      judgeship for which the incumbent judge is not seeking election.

17
      The application of this subsection includes, but is not limited

18
      to, circumstances in which the governor appoints an individual to

19
      fill the vacancy and that individual seeks to qualify as a nomi-

20
      nee under section 415(2). 

21
           (1) NOMINATING PETITIONS FILED UNDER SECTION 413 ARE VALID

22
      ONLY IF THEY CLEARLY INDICATE THE JUDICIAL OFFICE AND POSITION

23
      NUMBER FOR WHICH THE CANDIDATE IS FILING, CONSISTENT WITH

24
      SUBSECTION (3).  EACH JUDICIAL OFFICE SHALL BE DESIGNATED WITH A

25
      POSITION NUMBER.  ONCE A POSITION NUMBER IS DESIGNATED FOR A

26
      JUDICIAL OFFICE, THAT JUDICIAL OFFICE SHALL MAINTAIN THE SAME

27
      POSITION NUMBER DESIGNATION REGARDLESS OF A CHANGE IN THE



   02121'99 **
                                  14

 1
      INDIVIDUAL HOLDING THE JUDICIAL OFFICE.  THE POSITION NUMBER IS

 2
      DESIGNATED WHETHER OR NOT THERE IS AN INCUMBENT IN THE JUDICIAL

 3
      OFFICE SEEKING ELECTION AND IS DETERMINED AS FOLLOWS:

 4
           (A) BEGINNING WITH ELECTIONS AFTER JANUARY 1, 2000, THE

 5
      FIRST JUDICIAL OFFICE SCHEDULED TO BE FILLED BY ELECTION IS DES-

 6
      IGNATED POSITION NUMBER 1, THE NEXT IS DESIGNATED POSITION NUMBER

 7
      2, AND THE REMAINING JUDICIAL OFFICES SHALL BE DESIGNATED IN THE

 8
      SAME MANNER.

 9
           (B) IF MORE THAN 1 JUDICIAL OFFICE IS SCHEDULED TO BE FILLED

10
      AT THE SAME ELECTION, THE OFFICE HELD BY THE JUDGE WITH THE LARG-

11
      EST NUMBER OF YEARS OF CONTINUOUS SERVICE IS DESIGNATED WITH THE

12
      LOWEST POSITION NUMBER.

13
           (C) IF 2 OR MORE JUDICIAL OFFICES ARE SCHEDULED TO BE FILLED

14
      AT THE SAME ELECTION AND THE INCUMBENTS HAVE THE SAME NUMBER OF

15
      YEARS OF CONTINUOUS SERVICE, THE OFFICE HELD BY THE JUDGE WITH

16
      THE LAST NAME WITH THE LOWEST ALPHABETICAL LETTER SHALL BE DESIG-

17
      NATED WITH THE LOWEST POSITION NUMBER.

18
           (2) IN THE PRIMARY AND GENERAL ELECTION FOR 2 OR MORE JUDI-

19
      CIAL OFFICES OF THE CIRCUIT COURT, EACH JUDICIAL OFFICE SHALL BE

20
      DESIGNATED WITH A POSITION NUMBER AND THE POSITION NUMBER ALONG

21
      WITH THE CANDIDATES' NAMES FOR THE SPECIFIED NUMBER SHALL BE

22
      LISTED SEPARATELY ON THE BALLOT.  IN THE PRIMARY OR GENERAL ELEC-

23
      TION FOR A CIRCUIT COURT JUDGE, AN INCUMBENT JUDGE WHO IS A CAN-

24
      DIDATE SHALL HAVE PRINTED UPON THE BALLOT UNDER THE NAME OF THE

25
      CANDIDATE THE DESIGNATION OF THAT OFFICE.

26
           (3)  (4)  A person who files for election to more than 1

27
      circuit  judgeship  POSITION NUMBER shall have not more than 3



   02121'99 **
                                  15

 1
      days following the close of filing to withdraw from all but 1

 2
      filing.

 3
           Sec. 432.  (1)  A  EXCEPT AS PROVIDED IN SUBSECTION (2), A

 4
      general nonpartisan primary election shall be held in every

 5
      county of this state on the Tuesday  succeeding  AFTER the first

 6
      Monday in August  preceding  BEFORE every general November elec-

 7
      tion at which judges of probate are to be elected  , at which

 8
      time  FOR the qualified and registered electors  may  TO
   vote for

 9
      nonpartisan candidates for  the office  PROBATE COURT judge.  of

10
      probate.  If upon the expiration of the time 

11
           (2) IF, AFTER THE DEADLINE for filing petitions or incum-

12
      bency affidavits of candidacy for the primary election  of said 

13
      FOR probate judges in  any  A county,  it shall appear that
   

14
      there are not  to exceed twice the number of  AT LEAST 3 candi-

15
      dates  as there are persons to be elected  FOR EACH POSITION

16
      NUMBER, then the FOLLOWING SHALL OCCUR:

17
           (A) THE county clerk shall certify to the county board of

18
      election commissioners the name of  such candidate  THE CANDI-

19
      DATES FOR EACH POSITION NUMBER for probate judge whose petitions

20
      have been properly filed.  and such candidate 

21
           (B) THOSE CANDIDATES shall be the  nominee  NOMINEES for the

22
      judge of probate and shall be  so  certified AS THE CANDIDATES

23
      FOR THAT POSITION NUMBER.  As to such office, there 

24
           (C) THERE shall be no primary election and  this office  THE

25
      POSITION NUMBER shall be omitted from the judicial primary

26
      ballot.





   02121'99 **
                                  16

 1
           Sec. 433.  (1)  To obtain the printing of  EXCEPT AS

 2
      OTHERWISE PROVIDED IN SECTION 433A, IN ORDER FOR the name of a

 3
      person TO APPEAR as a candidate for nomination for  the office of

 4
      judge of  probate  upon  COURT JUDGE ON the official
   nonpartisan

 5
      primary  ballots, there  BALLOT, A NOMINATING PETITION shall be

 6
      filed with the county clerk.  of each county nominating petitions

 7
      containing  THE NOMINATING PETITION SHALL CONTAIN the signatures,

 8
      addresses, and dates of signing of a number of qualified and reg-

 9
      istered electors residing in the county, equal to not less than

10
      1% or more than 2% of the total number of votes cast in that

11
      county for secretary of state at the last general November elec-

12
      tion in which a secretary of state was elected.  or by the filing

13
      of an affidavit according to section 433a.  The county clerk

14
      shall receive nominating petitions up to  THE NOMINATING PETITION

15
      SHALL BE FILED WITH THE COUNTY CLERK NO LATER THAN 4 p.m. on the

16
      twelfth Tuesday  preceding  BEFORE the August primary.  The pro-

17
      visions of sections 544a and 544b apply.

18
           (2) Nominating petitions filed under this section are valid

19
      only if they clearly indicate  for which of the following

20
      offices  THE JUDICIAL OFFICE AND POSITION NUMBER FOR WHICH the

21
      candidate is filing, consistent with section 435a(2). EACH JUDI-

22
      CIAL OFFICE SHALL BE DESIGNATED WITH A POSITION NUMBER.  ONCE A

23
      POSITION NUMBER IS DESIGNATED FOR A JUDICIAL OFFICE, THAT JUDI-

24
      CIAL OFFICE SHALL MAINTAIN THE SAME POSITION NUMBER DESIGNATION

25
      REGARDLESS OF A CHANGE IN THE INDIVIDUAL HOLDING THE JUDICIAL

26
      OFFICE.  THE POSITION NUMBER IS DESIGNATED WHETHER OR NOT THERE





   02121'99 **
                                  17

 1
      IS AN INCUMBENT IN THE JUDICIAL OFFICE SEEKING ELECTION AND IS

 2
      DETERMINED AS FOLLOWS:

 3
            (a) An unspecified existing judgeship for which the incum-

 4
      bent judge is seeking election.

 5
           (b) An unspecified existing judgeship for which the incum-

 6
      bent judge is not seeking election.

 7
           (c) A new judgeship. 

 8
           (A) BEGINNING WITH ELECTIONS AFTER JANUARY 1, 2000, THE

 9
      FIRST JUDICIAL OFFICE SCHEDULED TO BE FILLED BY ELECTION IS DES-

10
      IGNATED POSITION NUMBER 1, THE NEXT IS DESIGNATED POSITION NUMBER

11
      2, AND THE REMAINING JUDICIAL OFFICES SHALL BE DESIGNATED IN THE

12
      SAME MANNER.

13
           (B) IF MORE THAN 1 JUDICIAL OFFICE IS SCHEDULED TO BE FILLED

14
      AT THE SAME ELECTION, THE OFFICE HELD BY THE JUDGE WITH THE LARG-

15
      EST NUMBER OF YEARS OF CONTINUOUS SERVICE IS DESIGNATED WITH THE

16
      LOWEST POSITION NUMBER.

17
           (C) IF 2 OR MORE JUDICIAL OFFICES ARE SCHEDULED TO BE FILLED

18
      AT THE SAME ELECTION AND THE INCUMBENTS HAVE THE SAME NUMBER OF

19
      YEARS OF CONTINUOUS SERVICE, THE OFFICE HELD BY THE JUDGE WITH

20
      THE LAST NAME WITH THE LOWEST ALPHABETICAL LETTER SHALL BE DESIG-

21
      NATED WITH THE LOWEST POSITION NUMBER.

22
           (3) A person who files for election to more than 1 probate

23
       judgeship  POSITION NUMBER shall have not more than 3 days fol-

24
      lowing the close of filing to withdraw from all but 1 filing.

25
           Sec. 433a.  Any  AN incumbent probate court judge may

26
      become a candidate in the primary election for the office AND

27
      POSITION NUMBER of which he OR SHE is an incumbent by filing with



   02121'99 **
                                  18

 1
      the county clerk, or in case of a probate district with the

 2
      secretary of state, an affidavit of candidacy not less than 120

 3
      days  prior to  BEFORE the date of the primary election.  The

 4
      affidavit of candidacy shall contain statements that the affiant

 5
      is an incumbent probate court judge of the county or district of

 6
      which election is sought, that he OR SHE is domiciled within the

 7
      county or district, AND that he OR SHE will not attain the age of

 8
      70 years by the date of election, and a declaration that he OR

 9
      SHE is a candidate for election to the office AND SPECIFIED POSI-

10
      TION NUMBER of probate court judge.

11
           Sec. 435.  (1) The 2 candidates for  the office of judge of

12
      probate  A SPECIFIED POSITION NUMBER FOR PROBATE COURT JUDGE

13
      receiving the largest number of votes at  any  A primary elec-

14
      tion,  to a number equal to twice the number of places to be

15
      filled as set forth in the report of the board of county

16
      canvassers,  based on the returns from the various election pre-

17
      cincts or as determined by the board of county canvassers as the

18
      result of a recount, shall be declared the nominees for the

19
      office at the next November election.  The board of county can-

20
      vassers shall certify the nominations to the county election

21
      commission.

22
           (2) If, after the deadline for filing nominating petitions

23
      under section 433, there are  fewer  LESS THAN 2 candidates for

24
      nomination or nominees for the  office of judge of probate than

25
      there are persons  SPECIFIED POSITION NUMBER OF PROBATE COURT

26
      JUDGE to be elected because of the death or disqualification of a

27
      candidate more than 65 days before the general November election,



   02121'99 **
                                  19

 1
      then a person, whether or not an incumbent, may qualify as a

 2
      nominee for that  office  POSITION NUMBER at the general November

 3
      election by filing nominating petitions with the county clerk or,

 4
      in case of a probate district, with the secretary of state  in

 5
      the manner  AS required by section 433.  However, the filing

 6
      shall be made before 4 p.m. on the twenty-first day following the

 7
      death or disqualification of the candidate or 4 p.m. on the six-

 8
      tieth day  preceding  BEFORE the general November election,

 9
      whichever is earlier, and the minimum number of signatures

10
      required is 1,000 or 1/2 the minimum number required under sec-

11
      tion 433, whichever is less.

12
           (3) The county clerk or, in case of a probate district, the

13
      secretary of state shall certify the nomination of each person

14
      who qualifies as a nominee under subsection (2) to the board of

15
      election commissioners specified by section 687 for the general

16
      November election.

17
           Sec. 435a.  (1)  In the primary and general election for 2

18
      or more probate  judgeships, each of the following categories of

19
      candidates  JUDICIAL OFFICES, EACH JUDICIAL OFFICE SHALL BE DES-

20
      IGNATED WITH A POSITION NUMBER AND THE POSITION NUMBER ALONG WITH

21
      THE CANDIDATES' NAMES FOR THE SPECIFIED POSITION NUMBER shall be

22
      listed separately on the ballot.  , consistent with

23
      subsection (2):  IN THE PRIMARY OR GENERAL ELECTION FOR A JUDGE

24
      OF PROBATE, AN INCUMBENT JUDGE WHO IS A CANDIDATE SHALL HAVE

25
      PRINTED UPON THE BALLOT UNDER THE NAME OF THE CANDIDATE THE DES-

26
      IGNATION OF THAT OFFICE.





   02121'99 **
                                  20

 1
            (a) The names of candidates for the judgeship or judgeships

 2
      for which the incumbent is seeking election.

 3
           (b) The names of candidates for an existing judgeship or

 4
      judgeships for which the incumbent is not seeking election.

 5
           (c) The names of candidates for a newly created judgeship or

 6
      judgeships.

 7
           (2) If the death or disqualification of an incumbent judge

 8
      triggers the application of section 435(2), then for the purposes

 9
      of subsection (1) and section 433(2), that judgeship shall be

10
      regarded as a judgeship for which the incumbent judge is not

11
      seeking election.  The application of this subsection includes,

12
      but is not limited to, circumstances in which the governor

13
      appoints an individual to fill the vacancy and that individual

14
      seeks to qualify as a nominee under section 435(2).

15
           (3) In the primary or general election for a judge of pro-

16
      bate, any incumbent judge who is a candidate shall have printed

17
      upon the ballot under the name of the candidate the designation

18
      of that office. 

19
           Sec. 436.  (1) Except as otherwise provided in this section,

20
      a judge or judges of probate shall be elected in each probate

21
      court district  created pursuant to law  and each county at the

22
      general November election in which judges of probate are to be

23
      elected.  as provided by law.  Each probate court district

24
       created pursuant to law  and each county shall have that number

25
      of judges of probate as provided by law.

26
           (2) If there  are fewer nominees for the office of judge of

27
      probate than there are persons to be elected  IS NOT AT LEAST 1



   02121'99 **
                                  21

 1
      NOMINEE FOR A SPECIFIED POSITION NUMBER FOR PROBATE COURT JUDGE

 2
      because of the death or disqualification of a nominee less than

 3
      66 days before the general November election, then a person shall

 4
      not be elected at that general November election  to any office

 5
      of  FOR THE SPECIFIED POSITION NUMBER FOR PROBATE COURT judge.

 6
       of probate for which there is no nominee. 

 7
           Sec. 437.  The board of county canvassers shall determine

 8
      which candidate  or candidates for the office of judge of

 9
      probate  FOR A SPECIFIED POSITION NUMBER FOR PROBATE COURT JUDGE

10
      received the greatest number of votes and shall declare  such 

11
      THAT candidate  or candidates  duly elected.  The  said 
   board

12
      shall  forthwith  IMMEDIATELY make and subscribe on its statement

13
      of returns a certificate of  such  THE determination and deliver

14
       the same  IT to the county clerk.  AN ELECTION RESULT CERTIFICA-

15
      TION SHALL INCLUDE THE NAME OF THE INDIVIDUAL ELECTED, THE JUDI-

16
      CIAL OFFICE, AND THE POSITION NUMBER.

17
           Sec. 467a.  (1) Except as provided in  section 467n 

18
      SUBSECTION (2), a general nonpartisan primary election shall be

19
      held in every district and election division of this state on the

20
      Tuesday  succeeding  AFTER the first Monday in August  prior to
   

21
      BEFORE the general election at which judges of the district court

22
      are elected  , at which time  FOR the qualified and registered

23
      electors  may  TO vote for nonpartisan candidates for DISTRICT

24
      COURT judge.  of the district court.  If upon the expiration of

25
      the time 

26
           (2) IF, AFTER THE DEADLINE for filing petitions of candidacy

27
      for the primary election of the judge of the district court in



   02121'99 **
                                  22

 1
       any  A district or election division,  it appears that there are

 2
      not to exceed twice the number of candidates as there are persons

 3
      to be elected  THERE ARE NOT AT LEAST 3 CANDIDATES FOR EACH POSI-

 4
      TION NUMBER, the FOLLOWING SHALL OCCUR:

 5
           (A) THE secretary of state shall certify to the county board

 6
      of election commissioners the  name  NAMES of those candidates

 7
      for EACH POSITION NUMBER FOR district court judge whose petitions

 8
      or affidavits of candidacy have been properly filed.  and those 

 9
           (B) THOSE candidates shall be the nominees for  the 

10
      DISTRICT COURT judge  of the district court  FOR THAT POSITION

11
      NUMBER and shall be  so  certified AS THE CANDIDATES FOR THAT

12
      POSITION NUMBER.  As to that office, there 

13
           (C) THERE shall not be a primary election and  this office 

14
      THE POSITION NUMBER shall be omitted from the judicial primary

15
      ballot.

16
           Sec. 467b.  (1)  To obtain the printing of  EXCEPT AS OTHER-

17
      WISE PROVIDED IN SECTION 467C, IN ORDER FOR the name of a person

18
      TO APPEAR as a candidate for nomination for  the office of judge

19
      of the  district court  upon  JUDGE ON the official
   nonpartisan

20
      primary  ballots, there  BALLOT, A NOMINATING PETITION shall be

21
      filed with the secretary of state.  THE nominating  petitions

22
      containing  PETITION SHALL CONTAIN the signatures, addresses, and

23
      dates of signing of a number of qualified and registered electors

24
      residing in the judicial district or division, equal to not less

25
      than 1/2 of 1% or more than 2% of the total number of votes cast

26
      in that judicial district or division for secretary of state at

27
      the last general November election in which a secretary of state



   02121'99 **
                                  23

 1
      was elected.  An incumbent district court judge may also become

 2
      a candidate by the filing of an affidavit in lieu of petitions

 3
      according to section 467c.  The  secretary of state shall

 4
      receive  nominating petitions  up to  SHALL BE FILED WITH
   THE

 5
      SECRETARY OF STATE NO LATER THAN 4 p.m. on the twelfth Tuesday

 6
       preceding  BEFORE the primary.  The provisions of sections 544a

 7
      and 544b apply.

 8
           (2) Nominating petitions filed under this section are valid

 9
      only if they clearly indicate  for which of the following

10
      offices  THE JUDICIAL OFFICE AND POSITION NUMBER FOR WHICH the

11
      candidate is filing.  , consistent with section 467c(4):  EACH

12
      JUDICIAL OFFICE SHALL BE DESIGNATED WITH A POSITION NUMBER.  ONCE

13
      A POSITION NUMBER IS DESIGNATED FOR A JUDICIAL OFFICE, THAT JUDI-

14
      CIAL OFFICE SHALL MAINTAIN THE SAME POSITION NUMBER DESIGNATION

15
      REGARDLESS OF A CHANGE IN THE INDIVIDUAL HOLDING THE JUDICIAL

16
      OFFICE.  THE POSITION NUMBER IS DESIGNATED WHETHER OR NOT THERE

17
      IS AN INCUMBENT IN THE JUDICIAL OFFICE SEEKING ELECTION AND IS

18
      DETERMINED AS FOLLOWS:

19
            (a) An unspecified existing judgeship for which the incum-

20
      bent judge is seeking election.

21
           (b) An unspecified existing judgeship for which the incum-

22
      bent judge is not seeking election.

23
           (c) A new judgeship. 

24
           (A) BEGINNING WITH ELECTIONS AFTER JANUARY 1, 2000, THE

25
      FIRST JUDICIAL OFFICE SCHEDULED TO BE FILLED BY ELECTION IS DES-

26
      IGNATED POSITION NUMBER 1, THE NEXT IS DESIGNATED POSITION NUMBER





   02121'99 **
                                  24

 1
      2, AND THE REMAINING JUDICIAL OFFICES SHALL BE DESIGNATED IN THE

 2
      SAME MANNER.

 3
           (B) IF MORE THAN 1 JUDICIAL OFFICE IS SCHEDULED TO BE FILLED

 4
      AT THE SAME ELECTION, THE OFFICE HELD BY THE JUDGE WITH THE LARG-

 5
      EST NUMBER OF YEARS OF CONTINUOUS SERVICE IS DESIGNATED WITH THE

 6
      LOWEST POSITION NUMBER.

 7
           (C) IF 2 OR MORE JUDICIAL OFFICES ARE SCHEDULED TO BE FILLED

 8
      AT THE SAME ELECTION AND THE INCUMBENTS HAVE THE SAME NUMBER OF

 9
      YEARS OF CONTINUOUS SERVICE, THE OFFICE HELD BY THE JUDGE WITH

10
      THE LAST NAME WITH THE LOWEST ALPHABETICAL LETTER SHALL BE DESIG-

11
      NATED WITH THE LOWEST POSITION NUMBER.

12
           (3) A person who files for election to more than 1 district

13
       judgeship  POSITION NUMBER shall have not more than 3 days fol-

14
      lowing the close of filing to withdraw from all but 1 filing.

15
           Sec. 467c.  (1) An incumbent district court judge may become

16
      a candidate in the primary election for the office AND POSITION

17
      NUMBER of which he or she is an incumbent by filing with the sec-

18
      retary of state an affidavit of candidacy  in lieu  INSTEAD of

19
      nominating petitions not less than 120 days  prior to  BEFORE the

20
      date of the primary election.  The affidavit of candidacy shall

21
      contain statements that the affiant is an incumbent district

22
      court judge for the district or election division in which elec-

23
      tion is sought, that he or she is domiciled within the district

24
      or election division, and that he or she will not attain the age

25
      of 70 by the date of election, and a declaration that the affiant

26
      is a candidate for election to the office AND SPECIFIED POSITION

27
      NUMBER of district court judge.



   02121'99 **
                                  25

 1
            (2) There shall be printed upon the ballot under the name

 2
      of each incumbent district judge who is a candidate for nomina-

 3
      tion or election to the same office the designation of that

 4
      office. 

 5
           (2)  (3)  In the primary and general election for 2 or more

 6
       judgeships of the  district court JUDICIAL OFFICES, each  of the

 7
      following categories of candidates  JUDICIAL OFFICE SHALL BE DES-

 8
      IGNATED WITH A POSITION NUMBER AND THE POSITION NUMBER ALONG WITH

 9
      THE CANDIDATES' NAMES FOR THE SPECIFIED POSITION NUMBER shall be

10
      listed separately on the ballot.  , consistent with subsection

11
      (4):  IN THE PRIMARY OR GENERAL ELECTION FOR A DISTRICT COURT

12
      JUDGE, AN INCUMBENT JUDGE WHO IS A CANDIDATE SHALL HAVE PRINTED

13
      UPON THE BALLOT UNDER THE NAME OF THE CANDIDATE THE DESIGNATION

14
      OF THAT OFFICE.

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 an existing judgeship or

18
      judgeships for which the incumbent is not seeking election.

19
           (c) The names of candidates for a newly created judgeship or

20
      judgeships.

21
           (4) If the death or disqualification of an incumbent judge

22
      triggers the application of section 467e(2), then for the pur-

23
      poses of subsection (3) and section 467b(2), that judgeship shall

24
      be 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





   02121'99 **
                                  26

 1
      appoints an individual to fill the vacancy and that individual

 2
      seeks to qualify as a nominee under section 467e(2). 

 3
           Sec. 467e.  (1) The 2 candidates for  the office of judge of

 4
      the district court  A SPECIFIED POSITION NUMBER FOR DISTRICT

 5
      COURT JUDGE receiving the largest number of votes at  any  A pri-

 6
      mary election,  to a number equal to twice the number of persons

 7
      to be elected as set forth in the report of the board of state

 8
      canvassers,  based on the returns from the various county boards

 9
      of canvassers and election precincts or as determined by the

10
      board as the result of a recount, shall be declared the nominees

11
      for the office at the next general November election.  The board

12
      of state canvassers shall certify the nomination to the county

13
      election commissions.

14
           (2) If, after the deadline for filing nominating petitions

15
      under section 467b, there are  fewer candidates for nomination or

16
      nominees for the office of judge of the district court than there

17
      are persons to be elected  LESS THAN 2 CANDIDATES FOR THE SPECI-

18
      FIED POSITION NUMBER FOR DISTRICT COURT JUDGE because of the

19
      death or disqualification of a candidate more than 65 days before

20
      the general November election, then a person, whether or not an

21
      incumbent, may qualify as a nominee for that  office  POSITION

22
      NUMBER at the general November election by filing nominating

23
      petitions as required by section 467b.  However, the filing shall

24
      be made before 4 p.m. on the twenty-first day following the death

25
      or disqualification of the candidate or 4 p.m. on the sixtieth

26
      day  preceding  BEFORE the general November election, whichever

27
      is earlier, and the minimum number of signatures required is



   02121'99 **
                                  27

 1
      1,000 or 1/2 the minimum number required under section 467b,

 2
      whichever is less.

 3
           (3) The secretary of state shall certify the nomination of

 4
      each person who qualifies as a nominee under subsection (2) to

 5
      the board of election commissioners specified by section 687 for

 6
      the general November election.

 7
           Sec. 467f.  (1) Except as otherwise provided in this sec-

 8
      tion, judges of the district court shall be elected in each judi-

 9
      cial district and election division of a judicial district at the

10
      general election to fill vacancies in office as of the following

11
      January 1.

12
           (2) If there  are fewer nominees for the office of judge of

13
      the district court than there are persons  IS NOT AT LEAST 1 CAN-

14
      DIDATE FOR A SPECIFIED POSITION NUMBER FOR DISTRICT COURT JUDGE

15
      to be elected because of the death or disqualification of a nomi-

16
      nee less than 66 days before the general November election, then

17
      a person shall not be elected at that general November election

18
       to any office of judge of the district court for which there is

19
      no nominee  FOR THE SPECIFIED POSITION NUMBER OF DISTRICT COURT

20
      JUDGE.

21
           Sec. 467g.  The board of state canvassers shall determine

22
      which candidate  or candidates for the office of judge of the

23
      district court  FOR A SPECIFIED POSITION NUMBER FOR DISTRICT

24
      COURT JUDGE received the greatest number of votes and shall

25
      declare  such  THAT candidate  or candidates  duly elected. 
   The

26
      board shall  forthwith  IMMEDIATELY make and subscribe on its

27
      statement of returns a certificate of  such  THE determination



   02121'99 **
                                  28

 1
      and deliver it to the secretary of state.  AN ELECTION RESULT

 2
      CERTIFICATION SHALL INCLUDE THE NAME OF THE INDIVIDUAL ELECTED,

 3
      THE JUDICIAL OFFICE, AND THE POSITION NUMBER.

 4
           Enacting section 1.  Sections 325, 416a to 416d, 426a to

 5
      426n, 467n, and 467p of the Michigan election law, 1954 PA 116,

 6
      MCL 168.325, 168.416a to 168.416d, 168.426a to 168.426n,

 7
      168.467n, and 168.467p, are repealed.










































   02121'99 **          Final page.                         CAS