HOUSE BILL No. 5437


     February 23, 2000, Introduced by Reps. Baird, Schauer, Callahan, Switalski, LaForge, Bovin and Jacobs and referred to the
Committee on Constitutional Law and Ethics.


        A bill to amend 1954 PA 116, entitled

   "Michigan election law,"

   by amending sections 198, 345, 348, 349, 352, 354, 355, 357, 358,

   362, 534, 535, 561, 570a, 582, 686a, 694, 719, and 973 (MCL

   168.198, 168.345, 168.348, 168.349, 168.352, 168.354, 168.355,

   168.357, 168.358, 168.362, 168.534, 168.535, 168.561, 168.570a,

   168.582, 168.686a, 168.694, 168.719, and 168.973), section 349 as

   amended by 1996 PA 583, section 358 as amended by 1990 PA 7,

   section 362 as amended by 1980 PA 112, sections 534 and 686a as

   amended by 1988 PA 116, and section 582 as amended by 1980 PA

   160.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
           Sec. 198.  (1)  When  EXCEPT AS OTHERWISE PROVIDED IN THIS

 2
      SECTION, IF a candidate of a political party has filed a

 3
      nominating petition or filing fee for an office and has been


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      nominated for the office by a political party, the candidate

 2
      shall not be permitted to withdraw unless he  has removed  OR SHE

 3
      MOVES from the county or  has become  BECOMES physically unfit.

 4
           (2)  When  IF a candidate of a political party has filed a

 5
      nominating petition or filing fee for  township office or  the

 6
      office of county commissioner and has been nominated for that

 7
      office by a political party, the candidate shall not be permitted

 8
      to withdraw unless he  has moved  OR SHE MOVES from the county or

 9
      from the district from which he OR SHE was nominated, or  has

10
      become  BECOMES physically unfit.

11
           (3) If the person who has been nominated as the candidate of

12
      a political party for  township office or  the office of county

13
      commissioner dies before the date of the election for that

14
      office, the county political committee  , or in the case of a

15
      township office, the township political committee,  of the party

16
      whose candidate has died shall select, by majority vote, a

17
      replacement for that person.  The name of the replacement  so 

18
      selected shall be transmitted to the election officials responsi-

19
      ble for the preparation and distribution of ballots, and the name

20
      of the replacement shall be affixed to each ballot or voting

21
      device in place of the name of the original candidate.

22
           (4) A vacancy shall not be filled by the county committees

23
      except for the  above  causes and  as herein  IN THE MANNER
   spec-

24
      ified IN THIS SECTION.

25
           (5) This  prohibition shall  SECTION DOES not  be construed

26
      to  prohibit the withdrawal of a candidate who was nominated

27
      without  having filed  FILING a nominating petition or filing fee



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      and whose name has been written or placed on the ballot of a

 2
      political party.

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           Sec. 345.  (1)  A  SUBJECT TO SUBSECTION (2), A primary of

 4
      all political parties shall be held in every organized township

 5
      of this state on the Tuesday succeeding the first Monday in

 6
      August preceding every general November election, at which time

 7
      the qualified and registered electors of each political party may

 8
      vote for party candidates for township offices.

 9
           (2) THIS SUBSECTION APPLIES IF THE TOWNSHIP HAS PROVIDED FOR

10
      THE NOMINATION OF CANDIDATES FOR TOWNSHIP OFFICES AT A NONPARTI-

11
      SAN PRIMARY AS PROVIDED IN SECTION 4 OF THE CHARTER TOWNSHIP ACT,

12
      1947 PA 359, MCL 42.4.  A NONPARTISAN PRIMARY SHALL BE HELD IN

13
      THE TOWNSHIP ON THE TUESDAY AFTER THE FIRST MONDAY IN AUGUST PRE-

14
      CEDING THE GENERAL NOVEMBER ELECTION, AT WHICH TIME THE QUALIFIED

15
      AND REGISTERED ELECTORS OF THE TOWNSHIP MAY VOTE FOR CANDIDATES

16
      FOR TOWNSHIP OFFICES.

17
           Sec. 348.  The township board, not less than 40 days  prior

18
      to the  BEFORE holding  of  the primary  herein
    provided for IN

19
      SECTION 345, shall issue a call for  such  THE primary designat-

20
      ing the time and place  thereof  and shall give notice of the

21
       same  PRIMARY by publishing a copy of  such  THE call in
    some 

22
      A newspaper of general circulation in the township, and if

23
       deemed  CONSIDERED advisable by the township board by the post-

24
      ing IN CONSPICUOUS PLACES of  the  A number of notices  that
    AS

25
      DETERMINED BY the board.  shall designate in conspicuous places.

26
      In townships having  IN A TOWNSHIP THAT HAS less than 200

27
      registered voters, the township board may provide that for



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       elections  AN ELECTION at which  no  A township question
   is NOT

 2
      to be submitted, notices of the election shall be by posting, as

 3
       herein  provided  in lieu  IN THIS SECTION, INSTEAD of by

 4
      publishing.  The time of holding such primary in townships shall

 5
      be on the third Monday in February preceding each biennial spring

 6
      election. 

 7
           Sec. 349.  (1)  To  SUBJECT TO SUBSECTION (2), TO obtain the

 8
      printing of the name of a person as a candidate for nomination by

 9
      a political party for a township office under the particular

10
      party heading upon the official primary ballots, there shall be

11
      filed with the township clerk nominating petitions signed by a

12
      number of qualified and registered electors residing within the

13
      township equal to not less than 1% or more than 2% of the number

14
      of votes cast by the party in the township for secretary of state

15
      at the last general November election in which a secretary of

16
      state was elected, but in no case less than 5 signatures.

17
      Nominating petitions shall be in the form prescribed in section

18
      544c.

19
           (2) THIS SUBSECTION APPLIES IF THE TOWNSHIP HAS PROVIDED FOR

20
      THE NOMINATION OF CANDIDATES FOR TOWNSHIP OFFICES AT A NONPARTI-

21
      SAN PRIMARY AS PROVIDED IN SECTION 4 OF THE CHARTER TOWNSHIP ACT,

22
      1947 PA 359, MCL 42.4.  TO OBTAIN THE PRINTING OF THE NAME OF A

23
      PERSON AS A CANDIDATE FOR NOMINATION FOR A TOWNSHIP OFFICE UPON

24
      THE OFFICIAL NONPARTISAN PRIMARY BALLOTS, THERE SHALL BE FILED

25
      WITH THE TOWNSHIP CLERK NOMINATING PETITIONS SIGNED BY A NUMBER

26
      OF QUALIFIED AND REGISTERED ELECTORS RESIDING WITHIN THE TOWNSHIP

27
      EQUAL TO NOT LESS THAN 1% OR MORE THAN 2% OF THE NUMBER OF VOTES



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      CAST IN THE TOWNSHIP FOR THE OFFICE OF SUPERVISOR AT THE LAST

 2
      GENERAL NOVEMBER ELECTION IN WHICH A SUPERVISOR WAS ELECTED, BUT

 3
      IN NO CASE LESS THAN 5 SIGNATURES.  NOMINATING PETITIONS SHALL BE

 4
      IN THE FORM PRESCRIBED IN SECTION 544A.

 5
           (3) The township clerk shall receive nominating petitions up

 6
      to 4 p.m. of the twelfth Tuesday preceding the August primary.

 7
       (2)  Within 4 days after the last day for filing nominating

 8
      petitions, the township clerk shall deliver to the county clerk a

 9
      list setting forth the name, address,  and political affiliation 

10
      and office sought of each candidate who has qualified for a posi-

11
      tion on the primary ballot.  IN THE CASE OF A PARTISAN PRIMARY

12
      UNDER SUBSECTION (1), THE CLERK SHALL INCLUDE THE POLITICAL

13
      AFFILIATION OF EACH CANDIDATE WHO HAS QUALIFIED FOR A POSITION ON

14
      THE PRIMARY BALLOT.

15
           Sec. 352.  (1)  When any  IF A candidate of a political

16
      party for  any  A township office, after having qualified as a

17
      candidate,  shall die  DIES, after the last day for qualifying,

18
      leaving  such  THE party without a candidate for a township

19
      office, a candidate to fill the vacancy  thereby caused  may be

20
      selected by the members of the township committee of  such  THE

21
      candidate's political party for the township, and the name of the

22
      candidate  so  selected shall be transmitted to the township

23
      officials required by law to print and distribute ballots.  , and

24
      such  UPON RECEIPT OF THE NAME OF A REPLACEMENT CANDIDATE, THE

25
      township officials shall cause to be printed a sufficient number

26
      of gummed labels or stickers bearing the name of the candidate  ,

27
      which shall be distributed  AND SHALL DISTRIBUTE THE LABELS OR



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      STICKERS to the various voting precincts within their respective

 2
      township.  , and the  THE board of election inspectors of each

 3
       such  precinct shall cause 1 of  such  THE LABELS OR
   stickers to

 4
      be placed on each ballot  ,  over the name of the candidate who

 5
      has died  ,  before  such  THE ballot is handed to the
   elector.

 6
           (2) THIS SECTION DOES NOT APPLY TO A TOWNSHIP THAT HAS PRO-

 7
      VIDED FOR THE NOMINATION OF CANDIDATES FOR TOWNSHIP OFFICES AT A

 8
      NONPARTISAN PRIMARY AS PROVIDED IN SECTION 4 OF THE CHARTER TOWN-

 9
      SHIP ACT, 1947 PA 359, MCL 42.4.

10
           Sec. 354.  (1) If, for any reason, the number of candidates

11
      of a political party to a township office  shall be  IS equal to

12
      less than the total number to be nominated and elected, a suffi-

13
      cient number of blank spaces shall be provided on the official

14
      primary ballots  which  THAT will afford every elector  to said
   

15
      OF THE party an opportunity to vote for as many candidates  as 

16
      THAT are to be nominated and elected by writing in the name or

17
      names of his or her selection or by the use of slips or pasters.

18
           (2) THIS SECTION DOES NOT APPLY TO A TOWNSHIP THAT HAS PRO-

19
      VIDED FOR THE NOMINATION OF CANDIDATES FOR TOWNSHIP OFFICES AT A

20
      NONPARTISAN PRIMARY AS PROVIDED IN SECTION 4 OF THE CHARTER TOWN-

21
      SHIP ACT, 1947 PA 359, MCL 42.4.

22
           Sec. 355.  The  FOR A PARTISAN PRIMARY HELD UNDER

23
      SECTION 345(1), THE candidate or candidates of each political

24
      party to a township office receiving the greatest number of votes

25
      cast for candidates  of said  FOR THAT office, as set forth in

26
      the report of the township board of canvassers, based on the

27
      returns from the various election precincts, or as determined by



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      the board of county canvassers as the result of a recount, shall

 2
      be declared the nominee or nominees of that political party for

 3
       said  THAT office at the next  ensuing  GENERAL November

 4
      election.

 5
           (2) FOR A NONPARTISAN PRIMARY HELD UNDER SECTION 345(2), THE

 6
      NUMBER OF CANDIDATES EQUAL TO TWICE THE NUMBER OF PERSONS TO BE

 7
      ELECTED WHO RECEIVE THE GREATEST NUMBER OF VOTES CAST FOR CANDI-

 8
      DATES FOR THAT OFFICE, AS SET FORTH IN THE REPORT OF THE TOWNSHIP

 9
      BOARD OF CANVASSERS, BASED UPON THE RETURNS FROM THE VARIOUS

10
      ELECTION PRECINCTS, OR AS DETERMINED BY THE BOARD OF COUNTY CAN-

11
      VASSERS AS THE RESULT OF A RECOUNT, SHALL BE DECLARED THE NOMI-

12
      NEES FOR THAT OFFICE AT THE NEXT GENERAL NOVEMBER ELECTION.  THIS

13
      SUBSECTION DOES NOT APPLY IF A PRIMARY IS NOT HELD PURSUANT TO

14
      SECTION 540.

15
           (3) The township board of canvassers shall certify  such

16
      nomination or  THE nominations to the township clerk within 48

17
      hours after the closing of the polls.  Within 4 days following

18
      the primary, the township clerk shall deliver to the county clerk

19
      a list setting forth the names, addresses,  political

20
      affiliation  and office sought of all candidates nominated at the

21
      primary.  IN THE CASE OF A PARTISAN PRIMARY UNDER SUBSECTION (1),

22
      THE CLERK SHALL INCLUDE THE POLITICAL AFFILIATION OF EACH CANDI-

23
      DATE NOMINATED AT THE PRIMARY.

24
           Sec. 357.  When any  IF A candidate,  of a political

25
      party,  after having been nominated for a township office,  shall

26
      die, remove  DIES, MOVES from the township, or  become 
   BECOMES

27
      disqualified for any reason, the township board of election



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      commissioners shall provide a blank space or spaces on the

 2
      official ballots  which  THAT will afford every elector of  said

 3
      party  THE TOWNSHIP an opportunity to vote for a candidate to

 4
      fill the vacancy,  thereby caused,  by writing in the name of his

 5
      or her selection or by the use of a slip or paster.

 6
           Sec. 358.  (1) In every township, there shall be a general

 7
      November election in each even-numbered year for the election of

 8
      officers and the submission of propositions, as provided by law.

 9
      At the 1980 general November election, there shall be elected by

10
      ballot  a  ALL OF THE FOLLOWING TOWNSHIP OFFICERS:

11
           (A) A supervisor.  ; a 

12
           (B) A clerk.  ; a 

13
           (C) A treasurer.  ; 2 

14
           (D) TWO trustees.  ; not 

15
           (E) NOT more than 4 constables.  ; and, if 

16
           (F) IF authorized by law and after a township takes the

17
      actions provided in section 11 of  Act No. 164 of the Public Acts

18
      of 1877, as amended, being section 397.211 of the Michigan

19
      Compiled Laws  1877 PA 164, MCL 397.211, 6 free public library

20
      directors.  ; and, after 

21
           (G) IF a township takes the actions provided in section 1 of

22
       Act No. 271 of the Public Acts of 1931, as amended, being sec-

23
      tion 41.441 of the Michigan Compiled Laws  FORMER 1931 PA 271 OR

24
      SECTION 6 OF 1905 PA 157, MCL 41.426, 6 park commission members.

25
           (2) Except as otherwise provided in this subsection, the

26
      order of offices on the township portion of the ballots shall be

27
      the same as the order in which the officers are listed in  this 



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      subsection (1).  Free public library directors  THE FOLLOWING

 2
      OFFICES shall be listed on the nonpartisan portion of the ballot:

 3
       . 

 4
           (A) FREE PUBLIC LIBRARY DIRECTORS.

 5
           (B) TOWNSHIP OFFICERS IF THE TOWNSHIP HAS PROVIDED FOR THE

 6
      NOMINATION OF CANDIDATES FOR TOWNSHIP OFFICES AT A NONPARTISAN

 7
      PRIMARY AS PROVIDED IN SECTION 4 OF THE CHARTER TOWNSHIP ACT,

 8
      1947 PA 359, MCL 42.4.

 9
           (3)  (2)  Subject to the limitation in subsection (1), the

10
      number of constables to be elected at the 1992 general November

11
      election and each general November election at which township

12
      offices are regularly to be elected after 1992 shall be deter-

13
      mined by the township board by resolution not less than 6 months

14
      before the township primary election preceding the general

15
      NOVEMBER election.  The resolution that specifies the number of

16
      constables to be elected applies in that township until a subse-

17
      quent resolution is adopted altering that number.  If a determi-

18
      nation as to the number of constables to be elected is not made

19
      by the township board by the deadline under this subsection for

20
      the 1992 general election, the number of constables to be elected

21
      shall be the same number that was elected in that township in the

22
      1988 general November election until a resolution is adopted to

23
      provide for the election of a different number of constables.

24
           (4)  (3)  In a township having a population of 5,000 or

25
      more, or having 3,000 or more qualified and registered electors

26
      as shown by the registration records at the close of registration

27
      for the last preceding general November election, there may be



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      elected 4 trustees.  In other townships there shall be 2

 2
      trustees.  A township shall not elect 4 trustees unless the elec-

 3
      tion of additional trustees is approved by the voters at a gen-

 4
      eral election or by a majority of the voters attending at an

 5
      annual meeting.  The township board of a township having a popu-

 6
      lation of 5,000 or more, or having 3,000 or more qualified and

 7
      registered electors, shall cause the question of electing addi-

 8
      tional trustees to be voted on at the first general November

 9
      election or annual meeting following the township's qualifying

10
      for additional trustees.  If a majority of the electors voting on

11
      the question vote in favor of electing 4 trustees, the township

12
      shall thereafter elect 4 trustees.  If a majority of the electors

13
      voting on the question do not vote in favor of electing 4 trust-

14
      ees, the township board may resubmit the question at a subsequent

15
      general November election or annual meeting or the question shall

16
      be submitted at the first general November election or annual

17
      meeting held not less than 84 days following the submission of a

18
      petition containing the signatures of not less than 10% of the

19
      registered and qualified electors of the township, as shown by

20
      the registration records at the close of registration for the

21
      last general November election, asking that the question be

22
      submitted.

23
           (5)  (4)  At the first general November election in a town-

24
      ship held not less than 4 months after the provisions of this

25
      section relative to additional trustees are adopted by a town-

26
      ship, there shall be elected the number of trustees necessary to

27
      make a total of 4 trustees.  If the additional trustees are



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      elected at a general November election that is not a regular

 2
      township election, the additional trustees shall hold office only

 3
      until a successor is elected at the next regular township elec-

 4
      tion and qualifies for office.

 5
           (6)  (5)  This section does not prohibit townships electing

 6
      4 trustees as of September 13, 1958 from continuing to do so.

 7
           (7) THIS SUBSECTION APPLIES TO A TOWNSHIP THAT BY ITS

 8
      CHARTER PROVIDES FOR STAGGERED ELECTIVE TERMS OF ITS BOARD MEM-

 9
      BERS AS PROVIDED IN SECTION 5 OF THE CHARTER TOWNSHIP ACT, 1947

10
      PA 359, MCL 42.5.  ONE-HALF OF THE TRUSTEES WHO HAVE THE HIGHEST

11
      NUMBER OF VOTES CAST AT THE FIRST GENERAL NOVEMBER ELECTION AFTER

12
      THE ADOPTION OF THE CHARTER PROVISION PROVIDING FOR STAGGERED

13
      ELECTIVE TERMS SHALL HOLD OFFICE FOR 4-YEAR TERMS.  THE REMAINING

14
      TRUSTEES WHO HAVE THE NEXT HIGHEST NUMBER OF VOTES CAST AT THAT

15
      ELECTION SHALL HOLD OFFICE FOR 2-YEAR TERMS.

16
           Sec. 362.  (1)  The term of office of township trustees

17
      elected in 1978 shall be 2 years.  The term of office of  all
    AN

18
      ELECTIVE township  officers listed in section 358 shall be 4

19
      years beginning in the 1980 general election, and in all subse-

20
      quent elections at which township officials are elected.  All

21
      township officers' terms shall commence  OFFICER IS 4 YEARS,

22
      EXCEPT AS OTHERWISE PROVIDED IN SECTION 358(7).  AN ELECTIVE

23
      TOWNSHIP OFFICER'S TERM COMMENCES at 12 noon on THE November 20

24
       next  following  their  THE OFFICER'S election and
    they  THE

25
      OFFICER shall qualify before assuming the duties of  their 

26
      office.  Each ELECTIVE township officer shall hold office until a

27
      successor is elected and qualified, but not beyond January 1



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      following the election.  Failure of an  elected  ELECTIVE

 2
      township  official  OFFICER to qualify by January 1 following the

 3
       official's  OFFICER'S election  shall create  CREATES a
   vacancy

 4
       which  THAT shall be filled as provided in section 370.  All
   

 5
      AN elective township  officers  OFFICER, other than  those 
   ONE

 6
      listed in section 358, shall be elected at the GENERAL November

 7
      election immediately preceding the expiration of  their  THE term

 8
      OF OFFICE and shall commence the duties of  their  office on

 9
      November 20 but not before  they qualify  THE OFFICER QUALIFIES

10
      following  their  election.

11
           (2) A township officer elected in the general NOVEMBER elec-

12
      tion shall remain in office for the full term if the officer

13
      failed to take the oath of office within the time prescribed by

14
      law and was subsequently appointed by the township board to the

15
      office for which the officer ran.

16
           Sec. 534.  A  general  primary of all political parties

17
      except as provided in sections 532 and 685 shall be held in every

18
      election precinct in this state on the Tuesday after the first

19
      Monday in August before every general November election, at which

20
      time the qualified and registered voters of each political party

21
      may vote for party candidates for the office of governor, United

22
      States senator, representative in congress, state senator, repre-

23
      sentative in the legislature, county executive, prosecuting

24
      attorney, sheriff, county clerk, county treasurer, register of

25
      deeds, county auditor, drain commissioner, public works commis-

26
      sioner, county road commissioner, county mine inspector,

27
      surveyor, and, IF APPLICABLE UNDER SECTION 345(1), candidates for



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      office in townships.  A nomination for an office shall be made

 2
      only if the official is to be elected at the next succeeding gen-

 3
      eral November election.

 4
           Sec. 535.  A  general  primary shall be held in every elec-

 5
      tion precinct in this state on the Tuesday  succeeding  AFTER the

 6
      first Monday in August  preceding  BEFORE every general November

 7
      election, at which time the qualified and registered voters may

 8
      vote for nonpartisan candidates for the office of judge of the

 9
      court of appeals, judge of the circuit court, judge of probate,

10
       and for  circuit court commissioner, AND, IF APPLICABLE UNDER

11
      SECTION 345(2), CANDIDATES FOR OFFICE IN TOWNSHIPS, in the years

12
      in which  such  THE officers are to be elected.

13
           Sec. 561.  (1) The ballots prepared by the board of election

14
      commissioners in each county for use by the electors of a politi-

15
      cal party at a primary election shall include the names of all

16
       candidates  OF THE FOLLOWING:

17
           (A) CANDIDATES of the political party for the office of gov-

18
      ernor, United States senator, and district offices.  , and, in 

19
           (B) IN each county, the names of all candidates of the

20
      political party for county offices.  , and in 

21
           (C) IF APPLICABLE UNDER SECTION 345(1), IN each township the

22
      names of all candidates of the political party for township

23
      offices.

24
           (2) If, in a district comprised of not more than 1 county, 2

25
      or more candidates, including candidates for nonpartisan offices,

26
      for the same office have the same or similar surnames, a

27
      candidate may file a written request with the board of county



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      election commissioners for a clarifying designation.  The request

 2
      shall be filed not later than 3 days after the last date for

 3
      filing nominating petitions.  Not later than 3 days after the

 4
      filing of the request, the board of county election commissioners

 5
      shall determine whether a similarity exists and whether a clari-

 6
      fying designation should be granted.  In a district comprised of

 7
      more than 1 county, the board of state canvassers shall make a

 8
      like determination for a clarifying designation upon the written

 9
      request of a candidate who files nominating petitions with the

10
      secretary of state.  The request shall be filed with the state

11
      board of canvassers not later than 5 days after the last date for

12
      filing nominating petitions.  The board of state canvassers shall

13
      make its determination at the same time it makes a declaration of

14
      the sufficiency or insufficiency of nominating petitions in com-

15
      pliance with section 552.

16
           (3) In each instance UNDER SUBSECTION (2), the determining

17
      board shall notify the requester and the other candidate affected

18
      of its determination by first class mail sent within 24 hours

19
      after the final date for the determination.  A candidate who is

20
      dissatisfied with the determination of the board of county elec-

21
      tion commissioners may file an appeal in the circuit court  of 

22
      FOR the county where the board is located, and a candidate who is

23
      dissatisfied with the determination of the board of state can-

24
      vassers may file an appeal in the circuit court  of  FOR Ingham

25
      county, within 7 days after the final date for determination by

26
      the board.  , and the  THE court shall hear the matter de novo.

27
       In case of  IF THE CANDIDATES HAVE the same surnames or IF THERE



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      IS a final determination by the board, or by the court before the

 2
      latest date on which the board can arrange for printing of the

 3
      ballots,  of the existence of similarity  THAT A SIMILARITY IN

 4
      NAME EXISTS, the board shall print the occupation or residence of

 5
      each of the candidates on the ballot or ballot labels under their

 6
      respective names.  The term "occupation"  shall be construed to

 7
      include  INCLUDES political office, even though it is not the

 8
      candidate's principal occupation, but  shall  DOES not include

 9
      reference to a previous position or occupation.

10
           (4) The name of a candidate shall be printed showing the

11
      given name or abbreviation or initials of the given name of the

12
      candidate, and, in the case of a married woman, shall not be

13
      printed showing the husband's given name.

14
           (5) The board of state canvassers shall prepare and issue

15
      guidelines to insure fairness and uniformity in the granting of

16
      designations, and may prepare and issue guidelines relating to

17
      what constitutes same or similar surnames.  The board of state

18
      canvassers and the boards of county election commissioners shall

19
      follow the guidelines issued.

20
           Sec. 570a.  (1) The official primary ballot shall include

21
      candidates for township offices.  Township 

22
           (2) IF APPLICABLE UNDER SECTION 345(1), TOWNSHIP offices and

23
      candidates shall follow state and county offices and candidates.

24
       Parties  ONLY A PARTY qualified to appear on the primary ballot

25
      for state and county offices  and no others are  IS qualified to

26
      appear and have the names of  their  ITS candidates printed on

27
      the township portion of the primary ballot.  Parties  ONLY A



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 1
      PARTY qualified to nominate candidates for state and county

 2
      offices under  the provisions of  section 685  and no others are
   

 3
      IS qualified to nominate candidates for township offices at the

 4
      county caucuses provided in section 686a.

 5
           (3) IF APPLICABLE UNDER SECTION 345(2), TOWNSHIP OFFICES AND

 6
      CANDIDATES SHALL BE INCLUDED ON THE NONPARTISAN PRIMARY BALLOT.

 7
      THE TOWNSHIP BALLOT MAY BE SEPARATE FROM THE JUDICIAL BALLOT.

 8
           (4)  All references in the election law  A REFERENCE IN THIS

 9
      ACT to a February primary  shall be deemed  IS CONSIDERED to be

10
       references  A REFERENCE to the primary provided by  the election

11
      law  THIS ACT to be held in August  prior to  BEFORE the
   general

12
      November election.  and all references  A REFERENCE to an April

13
      election  shall be deemed  IS CONSIDERED to be  references 
   A

14
      REFERENCE to the general November election.

15
           Sec. 582.  (1) A person who is voted for on a party ballot

16
      for a state, district, township, county, city, or ward office or

17
      for the office of United States senator or representative in

18
       Congress  CONGRESS whose name is not printed on the ballot and

19
      who has not filed a nominating petition for the office voted for,

20
      shall not be considered nominated as the candidate of the party

21
      for the office, nor be certified as a nominee unless the person

22
      receives a total vote equal to not less than .15 of 1% of the

23
      total population, as reflected by the last official federal

24
      census, of the district for which nomination is sought, but not

25
      less than 10 votes for the office, or a total vote equal to 5% of

26
      the greatest number of votes cast by the party for any office at

27
      the primary in the state, congressional, or other district,



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 1
      township, county, city, or ward, for a candidate or for all

 2
      candidates for nomination for an office for which only 1 person

 3
      is to be nominated, whichever is greater.  However, for an office

 4
      to which more than 1 candidate is to be elected, the 5% limita-

 5
      tion shall be based upon the greatest number of votes cast at the

 6
      primary for any candidate for the same office.

 7
           (2) THIS SECTION DOES NOT APPLY TO A TOWNSHIP THAT HAS PRO-

 8
      VIDED FOR THE NOMINATION OF CANDIDATES FOR TOWNSHIP OFFICES AT A

 9
      NONPARTISAN PRIMARY AS PROVIDED IN SECTION 4 OF THE CHARTER TOWN-

10
      SHIP ACT, 1947 PA 359, MCL 42.4.

11
           Sec. 686a.  (1) The nomination of candidates for political

12
      parties entitled to a position on the ballot  which  THAT failed

13
      to have at least 1 candidate who polled at least 5% of the total

14
      vote cast for all candidates for secretary of state at the last

15
      preceding election at which a secretary of state was elected

16
      shall be made as provided in section 532.  County caucuses and

17
      state conventions shall be held not later than the August

18
      primary.

19
           (2) County caucuses may nominate candidates for the office

20
      of representative in congress, state senator, and state represen-

21
      tative if the offices represent districts contained wholly within

22
      the county,  and  for all county  and township  offices,
   AND, IF

23
      APPLICABLE UNDER SECTION 345(1), TOWNSHIP OFFICES.  The names,

24
      mailing addresses, and office to which nominated of all candi-

25
      dates  so  nominated shall be certified by the  chairman 

26
      CHAIRPERSON and secretary of the caucus to the county clerk

27
      within 24 hours after the conclusion of the caucus.  Accompanying



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 1
      the certification shall be an affidavit of identity for each

 2
      candidate named in the certificate as provided in section 558 and

 3
      a separate written notice of acceptance of nomination signed by

 4
      each candidate named on the certificate.  The form of the certif-

 5
      icate of acceptance shall be prescribed by the secretary of

 6
      state.  The names of candidates  so  certified shall be printed

 7
      on the ballot for that election.  The name of a candidate shall

 8
      not be printed on the ballot unless the notice of acceptance and

 9
      the affidavit of identity accompanies the certificate.

10
      Candidates nominated and certified shall not be permitted to

11
      withdraw.

12
           (3) The county caucus may also select the number of dele-

13
      gates to the state convention to which the county is entitled and

14
      shall select its own officers and name its own county committee.

15
           (4) The state convention shall be held at the time and place

16
      indicated in the call.  The convention shall consist of delegates

17
      selected by the county caucuses.  The convention may fill vacan-

18
      cies in a delegation from qualified electors of that county

19
      present at the convention.  The convention may nominate candi-

20
      dates for all state offices.  District candidates may be nomi-

21
      nated at district caucuses held in conjunction with the state

22
      convention attended by qualified delegates of the district.  If

23
      delegates of a district are not present, a district caucus shall

24
      not be held for that district and candidates shall not be nomi-

25
      nated for that district.  The names, mailing addresses, and

26
      offices to which nominated of the candidates nominated for state

27
      or district offices, within 24 hours after the conclusion of the



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 1
      convention, shall be certified by the  chairman  CHAIRPERSON and

 2
      secretary of the state convention to the secretary of state.

 3
      Accompanying the certification shall be an affidavit of identity

 4
      for each candidate named in the certificate as provided in sec-

 5
      tion 558 and a separate written notice of acceptance of nomina-

 6
      tion signed by each candidate named on the certificate.  The form

 7
      of the certificate of acceptance shall be prescribed by the sec-

 8
      retary of state.  The names of candidates certified shall be

 9
      printed on the ballot for the forthcoming election.  The name of

10
      a candidate shall not be printed on the ballot unless the notice

11
      of acceptance and the affidavit of identity accompanies the

12
      certificate.  Candidates  so  nominated and certified shall not

13
      be permitted to withdraw.

14
           Sec. 694.  (1)  All the provisions of  EXCEPT AS OTHERWISE

15
      PROVIDED IN SUBSECTION (2), sections 691, 692, 693, and 695  of

16
      this act shall also  apply to all city, village, and township

17
      elections held in this state under  the provisions of  this act,

18
      except that the notice  herein  required to be given by a

19
      candidate,  shall,  in THE case of a city, village, or township

20
      office, SHALL be given by  him  THE CANDIDATE to the proper city,

21
      village, or township board of election commissioners within 2

22
      days after his OR HER name has been  so  certified as nominated

23
      by 2 or more political parties for the same office.

24
           (2) THIS SECTION DOES NOT APPLY TO A TOWNSHIP THAT HAS PRO-

25
      VIDED FOR THE NOMINATION OF CANDIDATES FOR TOWNSHIP OFFICES AT A

26
      NONPARTISAN PRIMARY AS PROVIDED IN SECTION 4 OF THE CHARTER

27
      TOWNSHIP ACT, 1947 PA 359, MCL 42.4.



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 1
           Sec. 719.  (1) The election commission of each city,

 2
      township, and village shall perform  such  THE SAME duties rela-

 3
      tive to the preparation, printing, and delivery of ballots as

 4
       are  required by law of the boards of election commissioners of

 5
      counties.  Like duties and privileges as are enjoined and

 6
      granted by this act upon and to the various committees of the

 7
      different political organizations are hereby prescribed for

 8
      city, 

 9
           (2) CITY, village, or township committees in matters per-

10
      taining to  any  A city, village, or township election,  except

11
      that  SHALL PERFORM THE SAME DUTIES AND HAVE THE SAME PRIVILEGES

12
      AS THE VARIOUS COMMITTEES OF THE DIFFERENT POLITICAL ORGANIZA-

13
      TIONS PERFORM UNDER THIS ACT.  HOWEVER, it  shall  IS not  be
   

14
      necessary for a city, township, or village committee of a politi-

15
      cal party or organization to furnish a vignette or heading for

16
      the ballots other than to designate the name of the party or

17
      political organization  which  THAT they represent.  THIS SUBSEC-

18
      TION DOES NOT APPLY TO A TOWNSHIP THAT HAS PROVIDED FOR THE NOMI-

19
      NATION OF CANDIDATES FOR TOWNSHIP OFFICES AT A NONPARTISAN PRI-

20
      MARY AS PROVIDED IN SECTION 4 OF THE CHARTER TOWNSHIP ACT, 1947

21
      PA 359, MCL 42.4.

   22      (3) In cities, villages, and townships, the names of candi-

23
      dates for city, township, or village offices  , as the case may

24
      be,  shall be given by the committees of the various political

25
      organizations to the board of election commissioners of  such 

26
      THE city, village, or township not less than 18 days before each

27
      election.  ,  but  HOWEVER, it  shall  IS not  be
    necessary for



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 1
       any  A party committee to give to the board of election

 2
      commissioners the name of  any  A candidate nominated at an offi-

 3
      cial primary election.

 4
           (4) The proof of the ballot shall be open to public inspec-

 5
      tion at the office of the township, city, or village clerk  , 

 6
      not less than 15 days before  such  THE election.

 7
           Sec. 973.  (1) Party candidates FOR AN ELECTION UNDER

 8
      SECTION 971 shall be nominated as follows:  In case 

 9
           (A) IF the vacancy to be filled  be  IS in a state office or

10
      that of United States senator, the state central committee of

11
      each political party shall nominate a candidate.  therefor; in

12
      case such 

13
           (B) IF THE vacancy  be  IS in a county office or in a dis-

14
      trict office within an electoral district of 1 county, the county

15
      committee of each political party shall nominate a candidate.

16
       therefor; in case such 

17
           (C) IF THE vacancy  be  IS in a district office within an

18
      electoral district THAT IS less than 1 county, the members of the

19
      county committee of each political party residing in  such  THE

20
      electoral district shall nominate  the  A candidate.  therefor;

21
      if 

22
           (D) IF the office to be filled  be  IS a district office

23
       having  THAT HAS an electoral district in more than 1 county,

24
      the members of the several county committees of each political

25
      party residing in those parts of  such  THE counties  which
    THAT

26
      are in  such  THE district shall nominate a candidate for the

27
      office.  ; and if such 



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 1
           (E) IF THE vacancy  be  IS in a ward or township office, the

 2
      committee of each political party  thereof  OF THE WARD OR

 3
      TOWNSHIP shall nominate a candidate for  such  THE office.   All

 4
      nominations by such  THIS SUBDIVISION DOES NOT APPLY TO A TOWN-

 5
      SHIP THAT HAS PROVIDED FOR THE NOMINATION OF CANDIDATES FOR TOWN-

 6
      SHIP OFFICES AT A NONPARTISAN PRIMARY AS PROVIDED IN SECTION 4 OF

 7
      THE CHARTER TOWNSHIP ACT, 1947 PA 359, MCL 42.4.

 8
           (2) A NOMINATION BY A committee shall be certified to the

 9
      officer with whom the recall petitions were filed within 15 days

10
      after the calling of the special election.

11
           Enacting section 1.  This amendatory act does not take

12
      effect unless Senate Bill No. ___ or House Bill No. 5436 (request

13
      no. 00685'99) of the 90th Legislature is enacted into law.































   00685'99 a          Final page.                          KKR