Bill Text: MI HB4011 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Elections; candidates; precinct delegates; revise period of time to file as write-in candidate. Amends sec. 737a of 1954 PA 116 (MCL 168.737a).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-01-27 - Printed Bill Filed 01/23/2009 [HB4011 Detail]
Download: Michigan-2009-HB4011-Introduced.html
HOUSE BILL No. 4011
January 22, 2009, Introduced by Rep. Liss and referred to the Committee on Ethics and Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 737a (MCL 168.737a), as amended by 2006 PA 87.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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.
(3) (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 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.
