February 24, 2010, Introduced by Senator McMANUS and referred to the Committee on Campaign and Election Oversight.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 3, 52, 53, 92, 93, 132, 133, 162, 163, 192,
193, 223, 224, 253, 254, 322, 345, 349, 370, 409a, 412, 426a, 426c,
426d, 432, 433, 467a, 534, 535, 551, 559, 570a, 591, 592, 598, 611,
623a, 641, 642, 686a, 713, 714, 737a, and 821 (MCL 168.3, 168.52,
168.53, 168.92, 168.93, 168.132, 168.133, 168.162, 168.163,
168.192, 168.193, 168.223, 168.224, 168.253, 168.254, 168.322,
168.345, 168.349, 168.370, 168.409a, 168.412, 168.426a, 168.426c,
168.426d, 168.432, 168.433, 168.467a, 168.534, 168.535, 168.551,
168.559, 168.570a, 168.591, 168.592, 168.598, 168.611, 168.623a,
168.641, 168.642, 168.686a, 168.713, 168.714, 168.737a, and
168.821), sections 3, 322, and 821 as amended by 2003 PA 302,
sections 53, 163, 193, 224, 254, 349, 426d, and 433 as amended by
1999 PA 218, sections 93 and 133 as amended by 2000 PA 491,
sections 370 and 641 as amended by 2005 PA 71, section 467a as
amended by 1981 PA 4, sections 534, 592, 598, and 623a as amended
by 1988 PA 116, sections 551, 713, and 714 as amended by 1990 PA 7,
section 591 as amended by 1990 PA 109, section 611 as amended by
1996 PA 583, section 642 as amended by 2004 PA 292, section 686a as
amended by 1999 PA 216, and section 737a as amended by 2006 PA 87.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. As used in this act:
(a) "Locked and sealed" is defined in section 14.
(b) "Major political party" is defined in section 16.
(c) "Metal seal" or "seal" is defined in section 14a.
(d) "Name that was formally changed" means a name changed by a
proceeding under chapter XI of the probate code of 1939, 1939 PA
288, MCL 711.1 to 711.3, or former 1915 PA 314, or through a
similar, statutorily sanctioned procedure under the law of another
state or country.
(e) "Odd year general election" means the election held on the
November regular election date in an odd numbered year.
(f) "Odd year primary election" means the election held on the
August
May regular
election date in an odd numbered year.
(g) "Primary" or "primary election" is defined in section 7.
(h) "Qualified elector" is defined in section 10.
(i) "Qualified voter file" is defined in section 509m.
(j) "Regular election" means an election held on a regular
election date to elect an individual to, or nominate an individual
for, elective office in the regular course of the terms of that
elective office.
(k) "Regular election date" means 1 of the dates established
as a regular election date in section 641.
(l) "Residence" is defined in section 11.
Sec. 52. A general primary election of all political parties
shall be held in every election precinct in this state on the first
Tuesday
succeeding after the first Monday in August preceding May
before every general November election in which a governor is to be
elected, at which time the qualified and registered electors of
each political party shall vote for party candidates for the office
of
governor. This section shall does
not apply to parties required
to nominate candidates at caucuses or conventions.
Sec. 53. To obtain the printing of the name of a person as a
candidate for nomination by a political party for the office of
governor under a particular party heading upon the official primary
ballots, there shall be filed with the secretary of state
nominating petitions signed by a number of qualified and registered
electors residing in this state as determined under section 544f.
Nominating petitions shall be signed by at least 100 registered
resident electors in each of at least 1/2 of the congressional
districts
of the this state. Nominating petitions shall be in the
form as prescribed in section 544c. Nominating petitions shall be
received
by filed with the secretary of state for filing in
accordance
with this act up to no later
than 4 p.m. of the twelfth
Tuesday
preceding before the August May primary.
Sec. 92. A general primary election of all political parties
shall be held in every election precinct in this state on the first
Tuesday
succeeding after the first Monday in August preceding May
before every general November election, at which time the qualified
and registered electors of each political party may vote for a
party
candidate for the office of United
States senator , to be
filled
at said the general
November election. :
Provided, That this
This
section shall does not
apply to parties required to nominate
candidates
at caucuses or conventions. : Provided further, That no
However, a nomination for the office of United States senator shall
not
be made unless such the official
is to be elected at the next
succeeding general November election.
Sec. 93. In order for the name of a person as a candidate for
nomination by a political party for the office of United States
senator to appear under a particular party heading on the official
primary ballot, a nominating petition shall be filed with the
secretary of state. The nominating petition shall have been signed
by a number of qualified and registered electors residing within
this state as determined under section 544f. The nominating
petition shall be signed by at least 100 qualified and registered
electors in each of at least 1/2 of the congressional districts of
this state. Nominating petitions shall be in the form as prescribed
in section 544c. The nominating petition shall be filed with the
secretary of state no later than 4 p.m. of the twelfth Tuesday
before
the August May primary.
Sec. 132. A general primary election of all political parties
shall be held in every election precinct in this state on the first
Tuesday
succeeding after the first Monday in August preceding May
before every general November election, at which time the qualified
and registered electors of each political party within every
congressional district shall vote for party candidates for the
office
of representative in congress to be filled at said the
general
November election. :
Provided, That this This section shall
does not apply to parties required to nominate candidates at
caucuses or conventions.
Sec. 133. In order for the name of a person as a candidate for
nomination by a political party for the office of representative in
congress to appear under a particular party heading on the official
primary ballot in the election precincts of a congressional
district, a nominating petition shall have been signed by a number
of qualified and registered electors residing in the district as
determined under section 544f. If the congressional district
comprises more than 1 county, the nominating petition shall be
filed with the secretary of state no later than 4 p.m. of the
twelfth
Tuesday before the August May primary.
If the congressional
district is within 1 county, the nominating petition shall be filed
with the county clerk of that county no later than 4 p.m. of the
twelfth
Tuesday before the August May primary.
Nominating petitions
shall be in the form as prescribed in section 544c.
Sec. 162. A general primary election of all political parties
shall be held in every election precinct in this state on the first
Tuesday
succeeding after the first Monday in August preceding May
before every general November election, at which time the qualified
and registered electors of each political party within every
senatorial district and every representative district shall vote
for party candidates for the offices of state senator and
representative,
to be filled at the general November election. :
Provided,
That this This section shall does not apply to parties
required to nominate candidates at caucuses or conventions.
Sec. 163. (1) To obtain the printing of the name of a person
as a candidate for nomination by a political party for the office
of state senator or representative under a particular party heading
upon the official primary ballots in the various election precincts
of a district, there shall be filed nominating petitions signed by
a number of qualified and registered electors residing in the
district as determined under section 544f. If the district
comprises more than 1 county, the nominating petitions shall be
filed with the secretary of state. If the district comprises 1
county or less, the nominating petitions shall be filed with the
county clerk of that county. Nominating petitions shall be in the
form prescribed in section 544c. The secretary of state and the
various county clerks shall receive nominating petitions for filing
in
accordance with under this act up to 4
p.m. of the twelfth
Tuesday
preceding before the August May primary.
(2) In lieu of filing a nominating petition, a filing fee of
$100.00 may be paid to the county clerk or, for a candidate in a
district comprising more than 1 county, to the secretary of state.
Payment of the fee and certification of the name of the candidate
paying the fee shall be governed by the same provisions as in the
case of nominating petitions. The fee shall be deposited in the
general fund of the county and shall be refunded to candidates who
are nominated and to an equal number of candidates who receive the
next highest number of votes in the primary election. If 2 or more
candidates tie in having the lowest number of votes allowing a
refund, the sum of $100.00 shall be divided among them. A refund of
a deposit shall not be made to a candidate who withdraws as a
candidate.
Sec. 192. A general primary election of all political parties
shall be held in every county of this state on the first Tuesday
succeeding
after the first Monday in August preceding May
before
the general November election at which the officers named in
section
191 of this act are to be elected, at which time the
qualified and registered electors of each political party may vote
for
party candidates for the offices. This section shall does not
apply to parties required to nominate candidates at caucuses or
conventions.
Sec. 193. (1) To obtain the printing of the name of a person
as a candidate for nomination by a political party for an office
named in section 191 under a particular party heading upon the
official primary ballots, there shall be filed with the county
clerk nominating petitions signed by a number of qualified and
registered electors residing within the county as determined under
section 544f. Nominating petitions shall be in the form prescribed
in section 544c. The county clerk shall receive nominating
petitions
up to 4 p.m. of the twelfth Tuesday preceding before the
August
May primary.
(2) To obtain the printing of the name of a candidate of a
political party under the particular party's heading upon the
primary election ballots in the various voting precincts of the
county, there may be filed by the candidate, in lieu of filing
nomination petitions, a filing fee of $100.00 to be paid to the
county clerk. Payment of the fee and certification of the
candidate's name paying the fee shall be governed by the same
provisions as in the case of nominating petitions. The fee shall be
deposited in the general fund of the county and shall be refunded
to candidates who are nominated and to an equal number of
candidates who receive the next highest number of votes in the
primary election. If 2 or more candidates tie in having the lowest
number of votes allowing a refund, the sum of $100.00 shall be
divided among them. The deposits of all other defeated candidates,
as well as the deposits of candidates who withdraw or are
disqualified, shall be forfeited and the candidates shall be
notified of the forfeiture. Deposits forfeited under this section
shall be paid into and credited to the general fund of the county.
Sec. 223. A primary of all political parties shall be held on
the
first Tuesday succeeding after the
first Monday in August
preceding
May before the
general November election in the year 1956
2012
and every fourth year thereafter after 2012, at which time the
qualified and registered electors of each political party may vote
for party candidates for nomination for the office of county
auditor. A primary of all political parties shall be held on the
third
Monday in February preceding before
the general April
election
in the year 1957 and every fourth year thereafter after
1957, and in the year 1959 and every fourth year thereafter
after
1959, at which time the qualified and registered electors of each
political party may vote for party candidates for nomination for
the
office of county auditor. : Provided, That this This
section
shall
does not apply to parties required to nominate candidates
at
conventions.
Sec. 224. (1) To obtain the printing of the name of a person
as candidate for nomination by a political party for the office of
county auditor under a particular party heading upon the official
primary ballots, there shall be filed with the county clerk
nominating petitions signed by a number of qualified and registered
electors residing within the county as determined under section
544f. Nominating petitions shall be in the form prescribed in
section 544c. The county clerk shall receive nominating petitions
up
to 4 p.m. of the twelfth Tuesday preceding before the August May
primary.
(2) To obtain the printing of the name of the candidate of a
political party under the particular party's heading upon the
primary election ballots in the various voting precincts of the
county, there may be filed by the candidate, in lieu of filing
nominating petitions, a filing fee of $100.00 to be paid to the
county clerk. Payment of the fee and certification of the name of
the candidate paying the fee shall be governed by the same
provisions as in the case of nominating petitions. The fee shall be
deposited in the general fund of the county and shall be refunded
to candidates who are nominated and to an equal number of
candidates who received the next highest number of votes in the
primary election. If 2 or more candidates tie in having the lowest
number of votes allowing a refund, the sum of $100.00 shall be
divided among them. The deposits of all other defeated candidates
and of candidates who withdraw or are disqualified shall be
forfeited and the candidates shall be notified of the forfeitures.
Deposits forfeited under this section shall be paid into and
credited to the general fund of the county.
Sec. 253. A general primary election of all political parties
shall
be held on the first Tuesday succeeding after the
first
Monday
in August preceding May before every
general November
election in which county road commissioners are elected, at which
time the qualified and registered electors of each political party
may vote for party candidates for the office of county road
commissioner.
Sec. 254. (1) To obtain the printing of the name of a person
as a candidate for nomination by a political party for the office
of county road commissioner under a particular party heading upon
the official primary ballots, there shall be filed with the county
clerk of the county nominating petitions signed by a number of
qualified and registered electors residing within the county as
determined under section 544f. Nominating petitions shall be in the
form prescribed in section 544c. The county clerk shall receive
nominating
petitions up to 4 p.m. of the twelfth Tuesday preceding
before
the August May
primary in which county road
commissioners
are to be elected.
(2) To obtain the printing of the name of a candidate of a
political party under the particular party's heading upon the
primary election ballots in the various voting precincts of the
county, there may be filed by each candidate, in lieu of filing
nominating petitions, a filing fee of $100.00 to be paid to the
county clerk. Payment of the fee and certification of the name of
the candidate paying the fee shall be governed by the same
provisions as in the case of nominating petitions. The fee shall be
deposited in the general fund of the county and shall be returned
to all candidates who are nominated and to an equal number of
candidates who received the next highest number of votes in the
primary election. If 2 or more candidates tie in having the lowest
number of votes allowing a refund, the sum of $100.00 shall be
divided among them. The deposits of all other defeated candidates,
as well as the deposits of candidates who withdraw or are
disqualified, shall be forfeited and the candidates shall be
notified of the forfeitures. Deposits forfeited under this section
shall be paid into and credited to the general fund of the county.
Sec. 322. For the name of a candidate of a political party for
a city office, including a ward office, to appear under the
particular party heading on the official primary election ballots
for use in the city, a nominating petition shall be filed with the
city clerk not later than 4 p.m. on the twelfth Tuesday before the
August
May primary,
or not later than 4 p.m. on the twelfth Tuesday
before the September primary election for a city that holds a
September primary election. A nominating petition shall be signed
by a number of qualified and registered electors of the political
party who reside in the city or ward as determined under section
544f. This section does not apply to a city if the city charter
provides for a different method of nominating candidates for public
office. The form of the petition shall be as provided in section
544c.
Sec. 345. A primary of all political parties shall be held in
every organized township of this state on the first Tuesday
succeeding
after the first Monday in August preceding May
before
every general November election, at which time the qualified and
registered electors of each political party may vote for party
candidates for township offices.
Sec. 349. (1) To obtain the printing of the name of a person
as a candidate for nomination by a political party for a township
office under the particular party heading upon the official primary
ballots, there shall be filed with the township clerk nominating
petitions signed by a number of qualified and registered electors
residing within the township as determined under section 544f.
Nominating petitions shall be in the form prescribed in section
544c. The township clerk shall receive nominating petitions up to 4
p.m.
of the twelfth Tuesday preceding before the August May
primary.
(2) Within 4 days after the last day for filing nominating
petitions, the township clerk shall deliver to the county clerk a
list
setting forth the name, address, and political affiliation,
and office sought of each candidate who has qualified for a
position on the primary ballot.
Sec. 370. (1) Except as provided in subsection (2), if a
vacancy occurs in an elective or appointive township office, the
vacancy shall be filled by appointment by the township board, and
the person appointed shall hold the office for the remainder of the
unexpired term.
(2) If 1 or more vacancies occur in an elective township
office that cause the number of members serving on the township
board to be less than the minimum number of board members that is
required to constitute a quorum for the transaction of business by
the board, the board of county election commissioners shall make
temporary appointment of the number of members required to
constitute a quorum for the transaction of business by the township
board. An official appointed under this subsection shall hold the
office only until the official's successor is elected or appointed
and qualified. An official who is temporarily appointed under this
subsection shall not vote on the appointment of himself or herself
to an elective or appointive township office.
(3) If a township official submits a written resignation from
an elective township office, for circumstances other than a
resignation related to a recall election, that specifies a date and
time when the resignation is effective, the township board, within
30 days before that effective date and time, may appoint a person
to fill the vacancy at the effective date and time of the
resignation. The resigning official shall not vote on the
appointment.
(4) Except as provided in subsection (5), if the township
board does not make an appointment under subsection (3), or if a
vacancy occurs in an elective township office and the vacancy is
not filled by the township board or the board of county election
commissioners within 45 days after the beginning of the vacancy,
the county clerk of the county in which the township is located
shall call a special election within 5 calendar days to fill the
vacancy. Not later than 4 p.m. on the fifteenth calendar day after
the county clerk calls a special election pursuant to this section,
the township party committee for each political party in the
township shall submit a nominee to fill the vacancy. The special
election shall be held on the next regular election date that is
not less than 60 days after the deadline for submitting nominees
under this section or 70 days after the deadline for submitting
nominees under this section if the next regular election date is
the
even year August May primary
or the general November election.
Notice of the special election shall be given in the same manner
required by section 653a. A special election called under this
section does not affect the rights of a qualified elector to
register for any other election. A person elected to fill a vacancy
shall serve for the remainder of the unexpired term.
(5) Subsection (4) does not apply to the office of township
constable. If a vacancy occurs in the office of township constable,
the township board shall determine if and when the vacancy shall be
filled by appointment. If the township board does not fill the
vacancy by appointment, the office of township constable shall
remain vacant until the next general or special election in which
township offices are filled.
Sec. 409a. A general nonpartisan primary election shall be
held in every appellate court district of this state on the first
Tuesday
succeeding after the first Monday in August preceding May
before every general November election in which judges of the court
of appeals are to be elected, at which time the qualified and
registered electors may vote for nonpartisan candidates for the
office
of judge of the court of appeals.
: Provided, however, That
However, if, upon expiration of the time for filing petitions for
the
primary election of said judge of the court of appeals in any
appellate
court district, it shall appear appears
that there are
not to exceed twice the number of candidates as there are persons
to be elected, then the secretary of state shall certify to the
county
board or boards of election commissioners the names of such
the candidates for court of appeals judge whose nominating
petitions,
filing fee, or affidavit of candidacy have has
been
properly
filed, and such the candidates shall be the nominees for
judge
of the court of appeals and shall be so certified. As to such
the office of judge of the court of appeals, there shall be no
primary election and this office shall be omitted from the judicial
primary ballot.
Sec. 412. A general nonpartisan primary election shall be held
in
every county of this state on the first
Tuesday succeeding after
the
first Monday in August prior to May before the
general election
at which judges of the circuit court are elected, at which time the
qualified and registered electors may vote for nonpartisan
candidates for the office of judge of the circuit court. If, upon
the expiration of the time for filing petitions or incumbency
affidavits
of candidacy for the primary election of said judge of
the
circuit court in any judicial circuit, it shall appear appears
that there are not to exceed twice the number of candidates as
there are persons to be elected, then the secretary of state shall
certify
to the county board of election commissioners the name of
such
candidate names of the
candidates for circuit court judge
whose
petitions or affidavits have been properly filed, and such
candidate
those candidates shall be the nominee nominees for
the
judge
of the circuit court and shall be so certified. As to such
the office of judge of the circuit court, there shall be no primary
election and this office shall be omitted from the judicial primary
ballot.
Sec.
426a. In every a city having that has a
municipal court
of record having general criminal jurisdiction over felonies and
having
that has
a population of 1,000,000 or more, candidates
for
the office of a judge of the municipal court shall be nominated at
the
August May primary
for state offices and elected at the general
election in even years.
Sec. 426c. A general nonpartisan primary election shall be
held
in every municipality city described
in section 426a, on the
first
Tuesday succeeding after the
first Monday in August preceding
May before any general November election, at which judges of the
municipal
courts of record therein in
the city are
to be elected;
at which time the qualified and registered voters may vote for
nonpartisan
candidates for the office of judge of such the
municipal court of record. If, upon the expiration of the time for
filing petitions, for the primary election of the municipal judge
or judges in any municipality, there are not to exceed twice the
number of candidates than persons to be elected, then the city
clerk shall certify through the city board of canvassers the names
of the candidates for judge of the municipal court of record whose
petitions have been properly filed, who shall be the nominees for
judges of the municipal court of record and shall be so certified.
As to the office of municipal court of record, there shall be no
primary
election , for and this
office and it shall be omitted from
the official primary ballot.
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 May 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 the deadline shall bear
an office designation of nonincumbent position. All signatures
collected prior to the affidavit of candidacy filing deadline may
be filed with the nonincumbent nominating petitions.
Sec. 432. A general nonpartisan primary election shall be held
in
every county of this state on the first
Tuesday succeeding after
the
first Monday in August preceding May before every general
November election at which judges of probate are to be elected, at
which time the qualified and registered electors may vote for
nonpartisan candidates for the office of judge of probate. If upon
the expiration of the time for filing petitions or incumbency
affidavits
of candidacy for the primary election of said probate
judges
in any county it shall appear appears
that there are not to
exceed twice the number of candidates as there are persons to be
elected, then the county clerk shall certify to the county board of
election
commissioners the name of such candidate names of the
candidates for probate judge whose petitions have been properly
filed
and such candidate the
candidates shall be the nominee
nominees for the judge of probate and shall be so certified. As to
such
the office
of judge of probate, there shall be no
primary
election and this office shall be omitted from the judicial primary
ballot.
Sec. 433. (1) To obtain the printing of the name of a person
as a candidate for nomination for the office of judge of probate
upon the official nonpartisan primary ballots, there shall be filed
with the county clerk of each county nominating petitions
containing the signatures, addresses, and dates of signing of a
number of qualified and registered electors residing in the county
as determined under section 544f or by the filing of an affidavit
according to section 433a. The county clerk shall receive
nominating petitions up to 4 p.m. on the fourteenth Tuesday
preceding
before the August May primary. The provisions of sections
544a and 544b apply.
(2) 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 435a(2):
(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.
(3) A person who files nominating petitions for election to
more than 1 probate judgeship shall have not more than 3 days
following the close of filing to withdraw from all but 1 filing.
(4) In a primary and general election for 2 or more judgeships
where more than 1 of the categories in subsection (2) 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.
(5) 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 the deadline shall bear
an office designation of nonincumbent position. All signatures
collected prior to the affidavit of candidacy filing deadline may
be filed with the nonincumbent nominating petitions.
Sec. 467a. Except as provided in section 467n, a general
nonpartisan primary election shall be held in every district and
election
division of this state on the first
Tuesday succeeding
after
the first Monday in August prior to May
before the general
election at which judges of the district court are elected, at
which time the qualified and registered electors may vote for
nonpartisan candidates for judge of the district court. If, upon
the expiration of the time for filing petitions of candidacy for
the primary election of the judge of the district court in any
district or election division, it appears that there are not to
exceed twice the number of candidates as there are persons to be
elected, the secretary of state shall certify to the county board
of
election commissioners the name names
of those candidates for
district court judge whose petitions or affidavits of candidacy
have been properly filed and those candidates shall be the nominees
for the judge of the district court and shall be so certified. As
to
that the office
of judge of the district court, there
shall not
be a primary election and this office shall be omitted from the
judicial primary ballot.
Sec. 534. A general primary of all political parties, except
as provided in sections 532 and 685, shall be held in every
election precinct in this state on the first Tuesday after the
first
Monday in August May before
every general November election,
at which time the qualified and registered voters of each political
party may vote for party candidates for the office of governor,
United States senator, representative in congress, state senator,
representative in the legislature, county executive, prosecuting
attorney, sheriff, county clerk, county treasurer, register of
deeds, county auditor, drain commissioner, public works
commissioner, county road commissioner, county mine inspector,
surveyor, and candidates for office in townships. A nomination for
an office shall be made only if the official is to be elected at
the next succeeding general November election.
Sec. 535. A general primary shall be held in every election
precinct
in this state on the first Tuesday succeeding after the
first
Monday in August preceding May before every
general November
election, at which time the qualified and registered voters may
vote for nonpartisan candidates for the office of judge of the
court of appeals, judge of the circuit court, judge of probate and
for
circuit court commissioner in the years in which such those
officers are to be elected.
Sec. 551. The secretary of state and the various county,
township, and city clerks shall receive nominating petitions or
filing
fees filed in accordance with the provisions of under this
act up to 4 p.m., eastern standard time, of the twelfth Tuesday
preceding
before the August May primary. The provisions of this
This
section do does not
apply to a city that does not nominate its
officers under the provisions of this act.
Sec.
559. It shall be the duty of the The board of election
commissioners
of each county in this state to shall
prepare and
furnish the necessary official primary election ballots, except for
city
offices, which that may be required for use by the electors of
any
political party at the August May primary.
Sec. 570a. (1) The official primary ballot shall include
candidates for township offices. Township offices and candidates
shall follow state and county offices and candidates. Parties
qualified to appear on the primary ballot for state and county
offices and no others are qualified to appear and have the names of
their candidates printed on the township portion of the primary
ballot. Parties qualified to nominate candidates for state and
county offices under the provisions of section 685 and no others
are qualified to nominate candidates for township offices at the
county caucuses provided in section 686a.
(2) All references in the election law to a February primary
shall
be deemed considered to be references to the primary provided
by
the election law to be held in August prior to May
before the
general November election, and all references to an April election
shall
be deemed considered to be references to the general November
election.
Sec. 591. Except as provided in section 532, the state
convention of all political parties for the nomination of
candidates for state offices in the even numbered years shall
commence not less than 60 days before the general November
election. The date, time, and location of the state convention
shall be designated by the state central committees of the various
political parties in their call for a state convention. The calls
shall
be issued at least 60 days before the August primaries May
primary.
Sec. 592. (1) Except as provided in section 532, the county
conventions of all political parties for the election of delegates
to a state convention for the nomination of state officers in the
even numbered years shall be held not less than 8 days nor more
than
25 days after the August primaries May primary.
(2) All county conventions of a political party shall be held
on
the same day throughout the this
state. The date shall be
designated by the state central committee of a political party in
its call for the state convention. The place and hour of meeting of
a county convention shall be designated in the call issued by the
county committee of the political party in the county, which call
shall
be issued not less than 45 days before the August primaries
May primary. The number of delegates to the state convention to
which the political party in the county is entitled shall be chosen
at the county convention.
(3)
In all counties having or which may hereafter have a
county that has 2 or more congressional districts or parts of
congressional districts within the boundaries of the county, the
congressional districts or a part of a congressional district
within the counties shall each be considered a county within the
provisions of this section for the holding of the county
conventions provided for in this section, and shall be in place of
the county convention. The nominee for congress of the
congressional district in the preceding primary election, the
county chairperson, and the county secretary of the several
political parties shall constitute a committee in each
congressional district to name the temporary chairperson of the
first district convention held under this act. Thereafter, the
district chairperson shall act as temporary chairperson. The
convention shall organize the same as county conventions and shall
elect delegates to the state convention. The chairperson and
secretary of the convention shall certify to the state central
committee the names and addresses of the delegates elected, and,
when certified, those delegates shall become the delegates from the
district to the state convention.
Sec. 598. (1) The state central committee of each political
party
shall, at least 60 days before the August May primary,
forward by mail to the chairperson of each county committee of the
political party a copy of the call for the fall state convention of
the political party, showing the number of delegates to which each
county is entitled in the state convention of the political party.
The state central committee shall apportion the delegates to the
several counties in proportion to the number of votes cast for the
candidate of the party for secretary of state in each county,
respectively, at the last preceding November general election.
(2) In addition to the number of delegates allocated to each
county under subsection (1), the state central committees shall
allocate an additional number of delegates equal to the number of
incumbent legislators nominated by their party and residing in the
county.
Sec. 611. (1) In the year 1956, and each fourth year after
1956, delegates of each political party who were elected to the
last prior fall county convention shall reconvene in a county
convention. The county conventions, when so convened, shall elect
delegates to a state convention. The number of delegates elected
shall be the same as the number elected to the last prior spring
state convention. The county conventions shall be held at least 90
days
prior to before the time set for the holding of the national
convention of its political party. All county conventions shall be
held on the same day and time. The time and place shall be fixed by
the state central committee. A state convention composed of
delegates elected by the respective county conventions shall be
held in the year 1956, and each fourth year after 1956, at least 60
days before the holding of the national convention of its political
party.
(2) As used in this section:
(a) "Delegates of each political party who were elected to the
last prior fall county convention" means precinct delegates elected
at
the last prior August May primary
election, persons nominated as
candidates for county offices and state legislative offices who are
delegates at large to county conventions under section 599(5), and
delegates elected under section 622 or 624d to fill a precinct
delegate vacancy for the balance of an unexpired term.
(b) "Persons nominated as candidates for county offices and
state legislative offices who are delegates at large to county
conventions under section 599(5)" means incumbent county officials,
incumbent state legislators, and unsuccessful candidates for county
offices and state legislative offices who are candidates at the
last prior regular or special election held for the respective
office.
(3) Delegates to a state convention shall include only those
delegates elected at a county convention.
Sec. 623a. (1) On or before April 1 in even numbered years,
the chairperson of the county committee or district committee of a
congressional district or a part of a congressional district
considered a county under section 592 of each political party shall
forward by mail or otherwise deliver to the board of election
commissioners in that county a certificate showing the number of
delegates to the county convention to which each precinct of the
county is entitled. The chairperson of the state central committee
of a political party shall notify the chairperson of the county
committee or district committee of a congressional district or a
part of a congressional district considered a county under section
592 of that political party no later than March 1 in even numbered
years that the certificate required by this subsection is to be
delivered to the board of election commissioners on or before April
1 of that year.
(2) If the chairperson fails to forward the certificate
required by subsection (1) by the day specified, the board of
election commissioners shall immediately determine the number of
delegates to the county convention that each precinct should elect
for the implementation of this act.
(3) The allotment of delegates to all precincts in the state
shall be made to insure, as near as is practicable, equal
apportionment based upon the total vote cast for the candidate of
each political party for either president of the United States or
secretary of state at the last general November election when
elections for those offices were held, whichever is later. However,
each precinct shall have at least 1 delegate.
(4) The apportionment shall be based on the precincts as they
exist
180 days before the August May primary
election in even
numbered years.
(5) As many delegates in each precinct as a political party is
entitled to according to the certificate authorized by the
chairperson of the county committee or the board of election
commissioners
shall be elected at the August May primary
in even
numbered years by direct vote of the registered electors of each
political party in the county.
Sec. 641. (1) Except as otherwise provided in this section and
sections
642 and 642a, beginning January
1, 2005, an election held
under this act shall be held on 1 of the following regular election
dates:
(a) The February regular election date, which is the fourth
Tuesday in February.
(b) The May regular election date, which is the first Tuesday
after the first Monday in May.
(c) The August regular election date, which is the first
Tuesday after the first Monday in August.
(d) The November regular election date, which is the first
Tuesday after the first Monday in November.
(2) If an elective office is listed by name in section 643,
requiring the election for that office to be held at the general
election, and if candidates for the office are nominated at a
primary
election, the primary election shall be held on the August
May regular election date.
(3) Except as otherwise provided in this subsection and
subsection (4), a special election shall be held on a regular
election date. A special election called by the governor under
section 145, 178, 632, 633, or 634 to fill a vacancy or called by
the legislature to submit a proposed constitutional amendment as
authorized in section 1 of article XII of the state constitution of
1963 may, but is not required to be, held on a regular election
date.
(4) A school district may call a special election to submit a
ballot question to borrow money, increase a millage, or establish a
bond if an initiative petition is filed with the county clerk. The
petition shall be signed by a number of qualified and registered
electors of the district equal to not less than 10% of the electors
voting in the last gubernatorial election in that district or 3,000
signatures, whichever number is lesser. Section 488 applies to a
petition to call a special election for a school district under
this section. In addition to the requirements set forth in section
488, the proposed date of the special election shall appear beneath
the petition heading, and the petition shall clearly state the
amount of the millage increase or the amount of the loan or bond
sought and the purpose for the millage increase or the purpose for
the loan or bond. The petition shall be filed with the county clerk
by 4 p.m. of the twelfth Tuesday before the proposed date of the
special election. The petition signatures shall be obtained within
60 days before the filing of the petition. Any signatures obtained
more than 60 days before the filing of the petition are not valid.
If the special election called by the school district is not
scheduled to be held on a regular election date as provided in
subsection (1), the special election shall be held on a Tuesday. A
special election called by a school district under this subsection
shall not be held within 30 days before or 35 days after a regular
election date as provided in subsection (1). A school district may
only call 1 special election pursuant to this subsection in each
calendar year.
(5)
The secretary of state shall make a report to the house
and
senate committees that consider election issues by December 1,
2006.
The secretary of state shall report about the special
elections
held under this subsection, including, but not limited
to,
all of the following:
(a)
The number of times a special election has been held.
(b)
Which school districts have held special elections.
(c)
Information about the success rate of the ballot question
submitted
at the special elections.
(d)
Information about voter turnout, including the percentage
and
number of registered voters who voted in each special election.
(5) (6)
The secretary of state shall direct
and supervise the
consolidation of all elections held under this act.
(6) (7)
This section shall be known and may
be cited as the
"Hammerstrom election consolidation law".
Sec. 642. (1) Except as otherwise provided in this section and
section 642a, on the effective date of this act, a city shall hold
its regular election or regular primary election as follows:
(a) A city shall hold its regular election for a city office
at the odd year general election.
(b) A city shall hold its regular election primary at the odd
year primary election.
(c) A city that holds its regular election for a city office
annually or in the even year on the November regular election date
shall continue holding elections on that schedule.
(d) A city that holds its regular election primary for a city
office annually or in the even year on the August regular primary
election
date shall continue holding primary elections on that
schedule
hold its regular election
primary for a city office
annually or in the even year on the May regular primary election
date.
(2) If, on September 1, 2004, a city holds its regular
election at other than a regular November election date, the city
council may choose to hold the regular election on the May regular
election date by adopting a resolution in compliance with this
section. Except as provided in section 642a, if a city council
adopts the resolution in compliance with this section to hold its
regular election on the May regular election date, after December
31, 2004, the city's regular election is on the May regular
election date. If a city's regular election is held on the May
regular election date, the city's regular election primary shall be
held on the February regular election date immediately before its
regular election.
(3) If, on September 1, 2004, a city holds its regular
election annually or in the even year on the November regular
election date, the city council may choose to hold the regular
election at the odd year general election by adopting a resolution
in compliance with this section. Except as provided in section
642a, if a city council adopts the resolution in compliance with
this section to hold its regular election at the odd year general
election, after December 31, 2004, the city's regular election is
at the odd year election. If a city's regular election is held at
the odd year general election, the city's regular election primary
shall be held at the odd year primary election.
(4) If, on September 1, 2004, a city holds its regular
election annually on the November regular election date, the city
council may choose to hold the regular election at the even year
general election by adopting a resolution in compliance with this
section. Except as provided in section 642a, if a city council
adopts the resolution in compliance with this section to hold its
regular election at the even year general election, after December
31, 2004, the city's regular election is at the even year election.
If a city's regular election is held at the even year general
election, the city's regular election primary shall be held at the
even year primary election.
(5) If, on September 1, 2004, a city holds its regular
election primary at the September primary election, the city
council may choose to continue holding its regular election primary
at the September primary election by adopting a resolution in
compliance
with this section. Except as provided in section 642a(2)
642a, if a city council adopts the resolution in compliance with
this section to hold its regular election primary at the September
primary election, after December 31, 2004, the city's regular
election primary is at the September primary election.
(6) Except as otherwise provided in this section and section
642a, on September 1, 2004, a village shall hold its regular
election as follows:
(a) A village shall hold its regular election for a village
office at the general election and the appropriate township clerk
shall conduct the election.
(b) A village shall not hold a regular primary election.
(7) A village council may make a 1-time choice to hold the
regular election at the September primary election by adopting a
resolution in compliance with this section. Except as provided in
section 642a, if a village council adopts the resolution in
compliance with this section to hold its regular election at the
September primary election, after December 31, 2004, the village's
regular election is at the September primary election and the
village clerk shall conduct the election. The resolution may
provide for the terms of office and for staggered terms. If a
village's regular or special election is held in conjunction with
another election conducted by a township, the village shall pay the
township a proportionate share of the election expenses. If a
village's regular or special election is not held in conjunction
with another election conducted by a township, the village shall
pay the township 100% of the actual costs of conducting the
village's regular or special election. The township shall make
voting equipment available to a village if the village conducts an
election. If the village is located in more than 1 township, the
township with the largest number of village electors shall furnish
the voting equipment.
(8) Except as otherwise provided in this section and section
642a, on September 1, 2004, a school district shall hold its
regular election for the office of school board member at the odd
year general election.
(9) If, on September 1, 2004, a school district holds its
regular election at other than the odd year general election, the
school district's school board may choose to hold its regular
election on 1 of the following by adopting a resolution in
compliance with this section:
(a) The odd year May regular election date.
(b) The November regular election date in both even and odd
years.
(c) The May regular election date in both even and odd years.
(10) A resolution permitted under this section or section 642a
is valid only if a city council, village council, or school board
adopts the resolution in compliance with all of the following:
(a) The resolution is adopted before 1 of the following:
(i) If the resolution is permitted under subsection (2), (3),
(4), (5), (7), or (9) of this section, January 1, 2005.
(ii) If the resolution is permitted under section 642a(1), (2),
or (3), January 1 of the year in which the change in the date of
the election takes effect.
(b) Before adopting the resolution, the council or school
board holds at least 1 public hearing on the resolution. The public
hearing may be held on the same day and immediately before
considering the adoption of the resolution.
(c) The council or school board gives notice of each public
hearing on the resolution in a manner designed to reach the largest
number of the jurisdiction's qualified electors in a timely
fashion, and the notice states at least the following, as
applicable:
(i) That the hearing is being held on the issue of whether to
schedule the city's regular election on the May regular election
date and that, if the resolution is not adopted, the city's regular
election will be held at the odd year general election.
(ii) That the hearing is being held on the issue of whether to
schedule the city's regular election primary at the September
primary election and that, if the resolution is not adopted, the
city's regular election primary will be held on the odd year
primary election.
(iii) That the hearing is being held on the issue of whether to
schedule the village's regular election at the September primary
election and that, if the resolution is not adopted, the village's
regular election will be held at the general election.
(iv) That the hearing is being held on the issue of whether to
schedule the school district's regular election at other than the
odd year general election and that, if the resolution is not
adopted, the school district's regular election will be held at the
odd year general election. The notice shall specifically state the
regular election date permitted under subsection (8) on which the
school board is proposing that the school district's regular
election be held.
(v) That the hearing is being held on the issue of whether to
schedule the school district's regular election at the odd year
general election and that, if the resolution is not adopted, the
school district's regular election will continue to be held on the
date on which it is currently being held.
(d) The council or school board votes on the resolution and,
on a record roll call vote, a majority of the council's or school
board's members, elected or appointed, and serving, adopt the
resolution.
(e) The council or school board files the resolution with the
secretary of state.
(11)
This section takes effect September
1, 2004.
Sec. 686a. (1) If a political party entitled to a position on
the ballot failed to have at least 1 candidate who polled at least
5% of the total vote cast for all candidates for secretary of state
at the last preceding election at which a secretary of state was
elected, candidates for that political party shall be nominated as
provided in section 532. County caucuses and state conventions for
such
these political parties shall be held not later than the
August
May primary.
(2) County caucuses may nominate candidates for the office of
representative in congress, state senator, and state representative
if the offices represent districts contained wholly within the
county, and for all county and township offices. Not more than 1
business day after the conclusion of the caucus, the names and
mailing addresses of all candidates so nominated and the offices
for which they were nominated shall be certified by the chairperson
and secretary of the caucus to the county clerk. The certification
shall be accompanied by an affidavit of identity for each candidate
named in the certificate as provided in section 558 and a separate
written certificate of acceptance of nomination signed by each
candidate named on the certificate. The form of the certificate of
acceptance shall be prescribed by the secretary of state. If a
candidate is so certified with the accompanying affidavit of
identity and certificate of acceptance, the name of the candidate
shall be printed on the ballot for that election. Candidates
nominated and certified shall not be permitted to withdraw.
(3) The county caucus may also select the number of delegates
to the state convention to which the county is entitled and shall
select its own officers and name its own county committee.
(4) The state convention shall be held at the time and place
indicated in the call. The convention shall consist of delegates
selected by the county caucuses. The convention may fill vacancies
in a delegation from qualified electors of that county present at
the convention. The convention may nominate candidates for all
state offices. District candidates may be nominated at district
caucuses held in conjunction with the state convention attended by
qualified delegates of the district. If delegates of a district are
not present, a district caucus shall not be held for that district
and candidates shall not be nominated for that district. Not more
than 1 business day after the conclusion of the convention, the
names and mailing addresses of the candidates nominated for state
or district offices shall be certified by the chairperson and
secretary of the state convention to the secretary of state. The
certification shall be accompanied by an affidavit of identity for
each candidate named in the certificate as provided in section 558
and a separate written certificate of acceptance of nomination
signed by each candidate named on the certificate. The form of the
certificate of acceptance shall be prescribed by the secretary of
state. The names of candidates so certified with accompanying
affidavit of identity and certificate of acceptance shall be
printed on the ballot for the forthcoming election. Candidates so
nominated and certified shall not be permitted to withdraw.
Sec. 713. The county board of election commissioners shall
cause the ballots required for any regular or special election or
official primary election in the county, wrapped and tied as
required by this act, to be delivered to the county clerk at the
earliest possible time after the approval of the proof of the
ballots, and absent voter ballots shall be delivered to the county
clerk at least 47 days before the general November election and the
preceding
August May primary
and at least 22 days before any other
election or primary election. All other ballots and election
supplies shall be delivered to the county clerk at least 12 days
before any election or primary election.
Sec. 714. (1) The county clerk of each county, at the earliest
possible time and at least 45 days before the general November
election
and the preceding August May primary,
and at least 20 days
before any other election or primary election in the county, shall
cause to be delivered to the clerk of each township and city in the
county the absent voter ballots for each precinct.
(2) The county clerk of each county shall cause to be
delivered ballots, other than absent voter ballots, and election
supplies to the clerk of each township and city in the county at
least 10 days before any election or primary election.
(3) The county clerk shall take receipt from each township and
city clerk for all ballots and supplies delivered to that clerk.
Sec. 737a. (1) Except as otherwise provided in this section,
the board of election inspectors shall not count a write-in vote
for a person unless that person has filed a declaration of intent
to be a write-in candidate as provided in this section. The write-
in candidate shall file the declaration of intent to be a write-in
candidate with the filing official for that elective office on or
before 4 p.m. on the second Friday immediately before the election.
The secretary of state, immediately after the 4 p.m. filing
deadline under this subsection, shall prepare and have delivered a
list of all persons who have filed a declaration of intent to be a
write-in candidate under this subsection, if any, to the
appropriate county clerks. A filing official other than the
secretary of state who receives a declaration of intent to be a
write-in candidate or list of persons who filed a declaration of
intent from another filing official under this subsection shall
prepare and have delivered a list of all persons who have filed a
declaration of intent to be a write-in candidate to the board of
election inspectors in the appropriate precincts before the close
of the polls on election day.
(2) If a candidate whose name is printed on the official
ballot for the election dies or is otherwise disqualified on or
after the Wednesday immediately before the election, the
requirement of filing a declaration of intent to be a write-in
candidate under subsection (1) does not apply to a write-in
candidate. If a death or disqualification has occurred as described
in this subsection, the board of election inspectors shall count
all write-in votes for write-in candidates for the office sought by
the deceased or disqualified candidate.
(3) Subsections (1) and (2) do not apply to a write-in
candidate for precinct delegate. The board of election inspectors
shall not count a write-in vote for a write-in candidate for
precinct delegate unless that candidate has filed a declaration of
intent to be a write-in candidate as provided in this subsection. A
write-in candidate for precinct delegate shall file a declaration
of intent to be a write-in candidate with the appropriate city or
township clerk for that precinct on or before 4 p.m. on the Friday
immediately before the election or with the board of election
inspectors in the appropriate precinct before the close of the
polls on election day. A city or township clerk who receives a
declaration of intent to be a write-in candidate from a write-in
candidate for precinct delegate under this subsection shall prepare
and have delivered a list of all persons who have filed a
declaration of intent to be a write-in candidate to the board of
election inspectors in the appropriate precincts before the close
of the polls on election day.
(4) The secretary of state shall prescribe forms for the
declaration of intent to be a write-in candidate. Clerks shall
maintain a supply of declaration of intent to be a write-in
candidate forms in the clerk's office and make the forms available
in
the polling places during the August May primary for this
purpose. The declaration of intent to be a write-in candidate form
shall include all of the following information:
(a) The name of the person intending to be a write-in
candidate.
(b) The elective office that the person seeks as a write-in
candidate.
(c) The residence address of the person seeking elective
office as a write-in candidate.
(d) Other information the secretary of state considers
appropriate.
Sec. 821. (1) The board of county canvassers shall meet at the
office of the county clerk at 1 p.m. on the day after the day of a
general
election, August May primary,
or presidential primary
election in the county. Except as provided in subsection (2), for
other elections the board shall meet within 5 days following the
election.
(2) If, at an election held on the May regular election date,
a ballot question appears on the ballot concerning authorized
millage that is subject to a millage reduction as provided in
section 34d of the general property tax act, 1893 PA 206, MCL
211.34d, the board of county canvassers shall meet to canvass and
certify the results of the vote on that proposition after May 31
and before June 15 following the election.