January 27, 2009, Introduced by Senator STAMAS and referred to the Committee on Judiciary.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 426d (MCL 168.426d), as amended by 1999 PA 218.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 426d. (1) To obtain the printing of the name of a person
on the ballot as a candidate for the office of judge of the
municipal court of record, there shall be filed with the city clerk
nominating petitions containing the signatures, addresses, and
dates of signing of a number of qualified and registered electors
residing in that city as determined under section 544f. The city
clerk shall receive nominating petitions up to 4 p.m. of the
fourteenth
Tuesday preceding before the August primary. The
provisions of sections 544a and 544b apply.
(2) An incumbent judge of the municipal court of record may
become a candidate in the primary election for the office of which
the judge is the incumbent by filing, with the city clerk, an
affidavit of candidacy not less than 134 days before the date of
the primary election. The affidavit of candidacy shall contain
statements that the affiant is an incumbent judge of the municipal
court of record, is domiciled within the city, will not attain the
age of 70 by the date of election, and is a candidate for election
to the office of judge of the municipal court of record.
(3) Nominating petitions filed under this section are valid
only if they clearly indicate for which of the following offices
the candidate is filing, consistent with section 426k(3):
(a) An unspecified existing judgeship for which the incumbent
judge is seeking election.
(b) An unspecified existing judgeship for which the incumbent
judge is not seeking election.
(c) A new judgeship.
(4) A person who files nominating petitions for election to
more than 1 municipal court of record judgeship shall have not more
than 3 days following the close of filing to withdraw from all but
1 filing.
(5) In a primary and general election for 2 or more judgeships
where more than 1 of the categories in subsection (3) could be
selected, a candidate shall apply to the bureau of elections for a
written statement of office designation to correspond to the
judgeship sought by the candidate. The office designation provided
by the secretary of state shall be included in the heading of all
nominating petitions. Nominating petitions containing an improper
office designation are invalid.
(6) The secretary of state shall issue an office designation
of incumbent position for any judgeship for which the incumbent
judge is eligible to seek reelection. If an incumbent judge does
not file an affidavit of candidacy by the deadline, the secretary
of state shall notify all candidates for that office that a
nonincumbent position exists. All nominating petitions circulated
for
the nonincumbent position subsequent to after the deadline
shall bear an office designation of nonincumbent position. All
signatures
collected prior to before the affidavit of candidacy
filing deadline may be filed with the nonincumbent nominating
petitions.
(7) If a candidate for nomination for the office of judge of
the municipal court of record receives incorrect or inaccurate
information from the secretary of state, the bureau of elections,
or a local election official concerning the number of nominating
petition signatures required under section 544f, the candidate may
bring an action in a court of competent jurisdiction for equitable
relief. A court may grant equitable relief to a candidate under
this subsection if all of the following occur:
(a) The number of valid nominating petition signatures
submitted by the candidate before the filing deadline under
subsection (1) is within 20% of the minimum number of nominating
petition signatures actually required under section 544f.
(b) The candidate files an affidavit certifying that he or she
contacted and received from the secretary of state, the bureau of
elections, or a local election official incorrect or inaccurate
information concerning the number of nominating petition signatures
required under section 544f.
(8) If a court grants equitable relief to a candidate under
subsection (7), the candidate shall be given the opportunity to
obtain additional nominating petition signatures to meet the
requirements under section 544f. The additional nominating petition
signatures obtained by a candidate shall be filed with the city
clerk no later than 4 p.m. on the fifth business day after the date
of the court order granting equitable relief.