February 12, 2008, Introduced by Senator JANSEN and referred to the Committee on Campaign and Election Oversight.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 480 and 544c (MCL 168.480 and 168.544c),
section 544c as amended by 2002 PA 431; and to repeal acts and
parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 480. Whenever If a proposed constitutional
amendment or
2 other special question is to be submitted to the electors of the
3
this state for a popular vote,
the secretary of state shall, not
4 less than 49 60 days before the date of the election at which the
5 proposed constitutional amendment or other special question is to
1
be submitted, certify the same to the
clerk of each county in the
2
this state, together with the form in
which such the
3 constitutional amendment or other special questions shall be
4 submitted. The secretary of state shall also furnish the several
5 county clerks in the this
state 2 copies of the text of each
6 constitutional amendment or other special question and 2 copies
7 of each said statement for each voting precinct in their
8 respective counties. The Each county clerk shall
furnish the said
9 copies of such the
statement to the several township
and city
10 clerks in his or her county at the time other supplies for the
11 election are furnished. ; and each such Each township or city
12 clerk shall, before the opening of the polls on election day,
13 deliver the copies of such the text and statement to
which each
14 voting precinct in his or her township or city is entitled to the
15 board of election inspectors of said the precinct,
who shall post
16 the same in conspicuous places in the room where such the
17 election is held.
18 Sec. 544c. (1) A nominating petition shall be 8-1/2 inches
19 by 14 inches in size. On a nominating petition, the words
20 "nominating petition" shall be printed in 24-point boldface type.
21 "We, the undersigned," et cetera shall be printed in 8-point
22 type. "Warning" and language in the warning shall be printed in
23 12-point boldface type. The balance of the petition shall be
24 printed in 8-point type. The name, address, and party affiliation
25 of the candidate and the office for which petitions are signed
26 shall be printed in type not larger than 24-point. The petition
27 shall be in the following form:
|
1 |
NOMINATING PETITION |
|
2 |
(PARTISAN) |
|
3 |
We, the undersigned, registered and qualified voters |
|
4 |
of the city or township of .................. in the county |
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5 |
(strike 1) |
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6 |
of ................... and state of Michigan, nominate, |
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7 |
........................................................... , |
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8 |
(Name of Candidate) |
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9 |
........................................................... , |
|
10 |
(Street Address or Rural Route) (City or Township) |
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11 |
as a candidate of the ................... party for the |
|
12 |
office of .......................... , |
|
13 |
........................................................... , |
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14 |
(District, if any) |
|
15 |
to be voted for at the primary election to be held on |
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16 |
the ............ day of ............. , 20 ........ . |
|
17 |
WARNING |
18 A person who knowingly signs more petitions for the same
19 office than there are persons to be elected to the office or
20 signs a name other than his or her own is violating the
21 provisions of the Michigan election law.
|
22 |
________________________________________________________________ |
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23 |
Printed Street Address |
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24 |
Name and or Date of Signing |
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25 |
Signature Rural Route Zip Code Mo. Day Year |
|
26 |
1. ____________________________________________________________ |
|
27 |
2. ____________________________________________________________ |
|
28 |
3. ____________________________________________________________ |
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29 |
4. ____________________________________________________________ |
|
30 |
numbered lines as above |
|
31 |
CERTIFICATE OF CIRCULATOR |
1 The undersigned circulator of the above petition asserts
2 that he or she is qualified to circulate this petition and that
3 each signature on the petition was signed in his or her presence;
4 and that, to his or her best knowledge and belief, each signature
5 is the genuine signature of the person purporting to sign the
6 petition, the person signing the petition was at the time of
7 signing a qualified registered elector of the city or township
8 listed in the heading of the petition, and the elector was
9 qualified to sign the petition.
10 Circulator-Do not sign or date certificate until after
11 circulating petition.
|
12 |
|
__________________________________________________ |
|
13 |
|
(Printed Name and Signature of Circulator) (Date) |
|
14 |
|
__________________________________________________ |
|
15 |
|
(City or Township Where Registered) |
|
16 |
|
|
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17 |
|
|
|
18 |
|
|
|
19 |
|
__________________________________________________ |
|
20 |
|
(Complete Residence Address) (Street and Number |
|
21 |
|
or Rural Route) |
|
22 |
|
__________________________________________________ |
|
23 |
|
(Zip Code) |
24 Warning-A circulator knowingly making a false statement in
25 the above certificate, a person not a circulator who signs as a
26 circulator, or a person who signs a name other than his or her
27 own as circulator is guilty of a misdemeanor.
28 (2) The petition shall be in a form providing a space for
29 the circulator and each elector who signs the petition to print
1 his or her name. The secretary of state shall prescribe the
2 location of the space for the printed name. The failure of the
3 circulator or an elector who signs the petition to print his or
4 her name, to print his or her name in the location prescribed by
5 the secretary of state, or to enter a zip code or his or her
6 correct zip code does not affect the validity of the signature of
7 the circulator or the elector who signs the petition. A printed
8 name located in the space prescribed for printed names does not
9 constitute the signature of the circulator or elector.
10 (3) At the time of circulation, the circulator of a petition
11 shall be a registered elector of this state. At the time of
12 executing the certificate of circulator, the circulator shall be
13 registered in the city or township indicated in the certificate
14 of circulator on the petition. However, the circulator of a
15 petition under section 482 need only be qualified to be a
16 registered elector of this state at the time of circulation and
17 at the time of executing the certificate of circulator.
18 (4) The circulator of a petition shall sign and date the
19 certificate of circulator before the petition is filed. A
20 circulator shall not obtain electors' signatures after the
21 circulator has signed and dated the certificate of circulator. A
22 filing official shall not count electors' signatures that were
23 obtained after the date the circulator signed the certificate or
24 that are contained in a petition that the circulator did not sign
25 and date.
26 (5) Except as provided in section 544d, a petition sheet
27 shall not be circulated in more than 1 city or township and each
1 signer of a petition sheet shall be a registered elector of the
2 city or township indicated in the heading of the petition sheet.
3 The invalidity of 1 or more signatures on a petition does not
4 affect the validity of the remainder of the signatures on the
5 petition.
6 (6) An individual shall not sign more nominating petitions
7 for the same office than there are persons to be elected to the
8 office. An individual who violates this subsection is guilty of a
9 misdemeanor.
10 (7) An individual shall not do any of the following:
11 (a) Sign a petition with a name other than his or her own.
12 (b) Make a false statement in a certificate on a petition.
13 (c) If not a circulator, sign a petition as a circulator.
14 (d) Sign a name as circulator other than his or her own.
15 (8) An individual who violates subsection (7) is guilty of a
16 misdemeanor punishable by a fine of not more than $500.00 or
17 imprisonment for not more than 93 days, or both.
18 (9) If after a canvass and a hearing on a petition under
19 section 476 or 552 the board of state canvassers determines that
20 an individual has knowingly and intentionally failed to comply
21 with subsection (7), the board of state canvassers may impose 1
22 or more of the following sanctions:
23 (a) Disqualify obviously fraudulent signatures on a petition
24 form on which the violation of subsection (7) occurred, without
25 checking the signatures against local registration records.
26 (b) Disqualify from the ballot a candidate who committed,
27 aided or abetted, or knowingly allowed the violation of
1 subsection (7) on a petition to nominate that candidate.
2 (10) If an individual violates subsection (7) and the
3 affected petition sheet is filed, each of the following who knew
4 of the violation of subsection (7) before the filing of the
5 affected petition sheet and who failed to report the violation to
6 the secretary of state, the filing official, if different, the
7 attorney general, a law enforcement officer, or the county
8 prosecuting attorney is guilty of a misdemeanor, punishable by a
9 fine of not more than $500.00 or imprisonment for not more than 1
10 year, or both:
11 (a) The circulator of the petition, if different than the
12 individual who violated subsection (7).
13 (b) If the petition is a nominating petition, the candidate
14 whose nomination is sought.
15 (c) If the petition is a petition for a ballot question or
16 recall, the organization or other person sponsoring the petition
17 drive.
18 (11) If after a canvass and a hearing on a petition under
19 section 476 or 552 the board of state canvassers determines that
20 an individual has violated subsection (10), the board of state
21 canvassers may impose 1 or more of the following sanctions:
22 (a) Impose on the organization or other person sponsoring
23 the petition drive an administrative fine of not more than
24 $5,000.00.
25 (b) Charge the organization or other person sponsoring the
26 petition drive for the costs of canvassing a petition form on
27 which a violation of subsection (7) occurred.
1 (c) Disqualify an organization or other person described in
2 subdivision (a) from collecting signatures on a petition for a
3 period of not more than 4 years.
4 (d) Disqualify obviously fraudulent signatures on a petition
5 form on which a violation of subsection (7) occurred without
6 checking the signatures against local registration records.
7 (e) Disqualify from the ballot a candidate who committed,
8 aided or abetted, or knowingly allowed a violation of subsection
9 (7) on a petition to nominate that candidate.
10 (12) If an individual refuses to comply with a subpoena of
11 the board of state canvassers in an investigation of an alleged
12 violation of subsection (7) or (10), the board may hold the
13 canvass of the petitions in abeyance until the individual
14 complies.
15 (13) A person who aids or abets another in an act that is
16 prohibited by this section is guilty of that act.
17 (14) The provisions of this section except as otherwise
18 expressly provided apply to all petitions circulated under
19 authority of the election law.
20 Enacting section 1. Sections 649 and 707 of the Michigan
21 election law, 1954 PA 116, MCL 168.649 and 168.707, are repealed.