HOUSE BILL No. 6356


     September 24, 2002, Introduced by Reps. Durhal, Schermesser, Lipsey, Clark, Clarke, Kolb, Jacobs, Zelenko, Bogardus, Hansen,
Wojno, Spade, Anderson, Sheltrown, Hale, Plakas, Phillips, Bernero, Dennis, Bovin, Rich Brown, Adamini, Daniels, Rivet, Murphy,
Stallworth, Whitmer, McConico, Garza, Minore, Jamnick, Quarles, Gieleghem, Williams, Basham, O'Neil, Neumann, Pestka, Lockwood,
Woodward, Waters, Reeves, Hardman and Lemmons and referred to the Committee on Redistricting and Elections.


        A bill to amend 1954 PA 116, entitled

   "Michigan election law,"

   by amending sections 178 and 634 (MCL 168.178 and 168.634), sec-

   tion 178 as amended by 1980 PA 261 and section 634 as amended by

   1996 PA 583.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 178.  The governor  may  SHALL call a special election

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        as provided in section 634 in  any  A senatorial or representa-

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        tive district of  the  THIS state  when  IF the right of office

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        of a person elected state senator or representative  shall cease

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        CEASES before the commencement of the term of service for which

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        the state senator or representative was elected.   , or whenever

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        THE GOVERNOR SHALL CALL A SPECIAL ELECTION OR DIRECT THAT THE

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        VACANCY BE FILLED AT THE NEXT ELECTION AS PROVIDED IN SECTION 634

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        IN A SENATORIAL OR REPRESENTATIVE DISTRICT OF THIS STATE IF a


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        vacancy occurs in the office of state senator or representative

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        after the term of service has begun for which the state senator

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        or representative was elected.

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             Sec. 634.  (1)  Except as otherwise provided in this sec-

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        tion, when  IF a vacancy occurs in the office of senator or rep-

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        resentative in the state legislature 76 DAYS OR MORE BEFORE THE

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        NEXT AUGUST PRIMARY ELECTION IN WHICH NOMINEES OF POLITICAL PAR-

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        TIES FOR THAT OFFICE ARE SELECTED, the governor,  may  NO LATER

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        THAN 7 DAYS AFTER THE DATE THE VACANCY OCCURS, SHALL call a spe-

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        cial PRIMARY AND SPECIAL GENERAL election in that senatorial or

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        representative district.  or direct that the vacancy be filled at

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        the next general election.  EXCEPT AS OTHERWISE PROVIDED IN THIS

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        SUBSECTION, THE SPECIAL PRIMARY SHALL BE HELD NO LATER THAN 52

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        DAYS AFTER THE DATE THE VACANCY OCCURS AND THE SPECIAL GENERAL

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        ELECTION SHALL BE HELD NO LATER THAN 95 DAYS AFTER THE DATE THE

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        VACANCY OCCURS.  IF A DEADLINE ESTABLISHED IN THIS SUBSECTION

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        FALLS WITHIN 30 DAYS OF A PRIMARY, GENERAL, OR SPECIAL ELECTION

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        PREVIOUSLY SCHEDULED IN THE REPRESENTATIVE OR SENATORIAL DIS-

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        TRICT, THE SPECIAL PRIMARY OR SPECIAL GENERAL ELECTION CALLED

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        UNDER THIS SUBSECTION MAY BE HELD IN CONJUNCTION WITH THE PREVI-

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        OUSLY SCHEDULED PRIMARY, GENERAL, OR SPECIAL ELECTION.  HOWEVER,

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        THE DEADLINE FOR A SPECIAL GENERAL ELECTION UNDER THIS SUBSECTION

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        SHALL NOT BE EXTENDED MORE THAN 30 DAYS.

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             (2) If  the  A vacancy occurs  after the primary election

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        and  IN THE OFFICE OF SENATOR OR REPRESENTATIVE IN THE STATE LEG-

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        ISLATURE DURING THE PERIOD BEGINNING ON THE SEVENTY-FIFTH DAY

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        before AND ENDING ON THE FIFTEENTH DAY BEFORE the  following



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        general  NEXT AUGUST PRIMARY election IN WHICH NOMINEES OF

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        POLITICAL PARTIES FOR THAT OFFICE ARE SELECTED, the governor

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         may  SHALL direct that the vacancy be filled at that AUGUST

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        PRIMARY election.

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             (3) IF A VACANCY OCCURS IN THE OFFICE OF SENATOR OR REPRE-

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        SENTATIVE IN THE STATE LEGISLATURE DURING THE PERIOD BEGINNING ON

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        THE FOURTEENTH DAY BEFORE THE NEXT AUGUST PRIMARY ELECTION IN

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        WHICH NOMINEES OF POLITICAL PARTIES FOR THAT OFFICE ARE SELECTED

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        AND ENDING ON THE FIFTEENTH DAY BEFORE THE NEXT GENERAL NOVEMBER

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        ELECTION IN WHICH THE OFFICE IS FILLED, THE GOVERNOR SHALL DIRECT

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        THAT THE VACANCY BE FILLED AT THAT GENERAL NOVEMBER ELECTION.

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             (4) If the governor directs that  the  A vacancy be filled

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         at the following general election  AS PRESCRIBED IN SUBSECTION

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        (2) OR (3), THE GOVERNOR SHALL DIRECT the executive committee of

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        the county committee of each political party, if the county com-

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        prises 1 or more  representative  districts, or, if the district

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        is comprised of more than 1 county, then the executive committee

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        of the county committee of  the respective  EACH political

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         parties  PARTY of each county in the district,  may  TO select,

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        by a majority vote, a candidate for that office.  , and  THE

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        EXECUTIVE COMMITTEE shall certify the name of the candidate, IF

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        ANY, to the county board of election commissioners of the county

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        or counties comprising  that representative  THE district  within

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        21 days after the vacancy occurs and at least 10 days before the

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        general election.  Upon certification, the candidate certified

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        shall be the nominee of that party at that general election to

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        fill the vacancy for the unexpired term with the same force and



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        effect as if the person was nominated at a primary election as

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        otherwise provided in this act.  If the ballots for that election

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        have already been printed before the certification, then the

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        board of election commissioners shall cause the names of the can-

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        didates to be printed on a separate ballot, which ballot shall be

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        counted, canvassed, and returned as other ballots cast at that

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        election.  (3)  NOT LATER THAN THE FIFTH DAY BEFORE THE AUGUST

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        PRIMARY OR GENERAL NOVEMBER ELECTION, AS APPLICABLE. If  the gov-

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        ernor directs that  the vacancy  be  IS filled at the next AUGUST

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        PRIMARY OR general NOVEMBER election AS PROVIDED IN SUBSECTION

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        (2) OR (3), the secretary of state shall give notice of that

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         decision  FACT similar to the notice provided for in section

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        651.































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