Bill Text: MI HB4177 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Elections; ballots; requirement of political party vignettes being printed on election ballots; remove. Amends secs. 283, 560a, 570, 685, 696 & 719 of 1954 PA 116 (MCL 168.283 et seq.) & repeals secs. 684 & 775 of 1954 PA 116 (MCL 168.684 & 168.775).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-08-16 - Assigned Pa 113'17 With Immediate Effect [HB4177 Detail]
Download: Michigan-2017-HB4177-Introduced.html
HOUSE BILL No. 4177
February 8, 2017, Introduced by Reps. Vaupel and Canfield and referred to the Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 283, 560a, 570, 685, 696, and 719 (MCL
168.283, 168.560a, 168.570, 168.685, 168.696, and 168.719), section
283 as amended by 2004 PA 92, section 570 as amended by 1985 PA
160, section 685 as amended by 2002 PA 399, and section 696 as
amended by 2002 PA 163; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 283. Not more than 24 hours after the conclusion of the
2 fall state convention, the state central committee of each
3 political party shall canvass the proceedings of the convention and
4 determine the nominees of the convention for membership on the
5 state board of education, the board of regents of the university
6 University of Michigan, the
board of trustees of Michigan state
1 university, State
University, and the board of governors
of Wayne
2 state university. State
University. Not more than 1 business
day
3 after the conclusion of the state convention, the chairperson and
4 secretary of the state central committee shall forward by
5 registered or certified mail to
the secretary of state a copy of
6 the vignette adopted by the state central committee and a
7 typewritten or printed list of the names and residence, including
8 the street address if known, of the candidates nominated at the
9 convention for the offices specified in this section. The secretary
10 of state shall forward a copy of a list received under this section
11 to the board of election commissioners of each county, in care of
12 the county clerk at the county seat.
13 Sec. 560a. A political party the principal candidate of which
14 received at the last preceding general election a vote equal to or
15 more than 1% of the total number of votes cast for the successful
16 candidate for secretary of state at the last preceding election in
17 which a secretary of state was elected is qualified to have its
18 name , party vignette, and candidates listed on the next general
19 election ballot.
20 Sec. 570. Paper ballots shall must be
numbered consecutively
21 and identified by use of the words "official primary ballot" on the
22 upper right hand corner upon on the front of the ballot
with a
23 perforated line across the corner and underneath the number and
24 identification so that the corner with the number and
25 identification may be torn off. The detachable corner stub shall
26 serve serves for the several party tickets and the ballot number
27 shall must be printed upon the stub on 1 side only. A political
1 party designation shall must
not appear upon a ballot corner so
2 numbered and identified. After the ballots are trimmed and wrapped
3 in sealed packages, they shall the ballots must be
distributed for
4 use at the primary election in the same manner as is now provided
5 by law for the distribution of ballots to be used at general
6 elections. Ballots shall must be prepared in
substantially the
7 following form:
|
8 |
OFFICIAL PRIMARY BALLOT |
|
9 |
No. ............ |
|
10 |
OFFICIAL PRIMARY ELECTION BALLOT |
|
11 |
Primary election to be held ..................... |
|
12 |
in the county of .......................................... . |
|
13 |
...............party. |
|
14 |
|
|
15 |
You cannot split your ticket. If you vote for candidates on |
|
16 |
more than 1 party ticket, your ballot will be rejected. |
|
17 |
Make a cross or a check mark in the square to the left of |
|
18 |
not more than the number of names for each office as may be |
|
19 |
indicated under the title of each office. |
|
20 |
______________________________________________________________ |
|
21 |
State. Legislative. |
|
22 |
______________________________________________________________ |
|
23 |
Governor. State Senator. |
|
24 |
.................District. |
|
25 |
Vote for not more than one. Vote for not more than one. |
|
26 |
______________________________________________________________ |
|
27 |
[ ] 1 John Doe [ ] 7 John Doe |
|
28 |
______________________________________________________________ |
|
29 |
[ ] 2 Richard Roe [ ] 8 Richard Roe |
|
30 |
______________________________________________________________ |
|
31 |
[ ] [ ] |
|
32 |
______________________________________________________________ |
|
1 |
Congressional. Representative in State |
|
2 |
________________________________ Legislature. |
|
3 |
United States Senator..... .................District. |
|
4 |
Vote for not more than one. Vote for not more than one. |
|
5 |
______________________________________________________________ |
|
6 |
[ ] 3 John Doe [ ] 9 John Doe |
|
7 |
______________________________________________________________ |
|
8 |
[ ] 4 Richard Roe [ ] 10 Richard Roe |
|
9 |
______________________________________________________________ |
|
10 |
[ ] [ ] |
|
11 |
______________________________________________________________ |
|
12 |
Representative in Congress. County. |
|
13 |
.................... District. Prosecuting Attorney. |
|
14 |
Vote for not more than one. Vote for not more than one. |
|
15 |
______________________________________________________________ |
|
16 |
[ ] 5 John Doe [ ] 11 John Doe |
|
17 |
______________________________________________________________ |
|
18 |
[ ] 6 Richard Roe [ ] 12 Richard Roe |
|
19 |
______________________________________________________________ |
|
20 |
[ ] [ ] |
|
21 |
______________________________________________________________ |
22 Sec. 685. (1) The name of a candidate of a new political party
23 shall must not be printed upon the official ballots of an
election
24 unless the chairperson and secretary of the state central committee
25 of the party files with the secretary of state, not later than 4
26 p.m. of the one hundred-tenth day before the general November
1 election, a certificate signed by the chairperson and secretary of
2 the state central committee bearing the name of the party, together
3 with petitions bearing the signatures of registered and qualified
4 electors equal to not less than 1% of the total number of votes
5 cast for all candidates for governor at the last election in which
6 a governor was elected. The petitions shall must be
signed by at
7 least 100 registered electors in each of at least 1/2 of the
8 congressional districts of the this state. All signatures
on the
9 petitions shall must
be obtained not more than 180 days
immediately
10 before the date of filing.
11 (2) After the date on which a petition is filed, the secretary
12 of state shall not accept additional petition sheets for that
13 petition. The validity and authenticity of the signatures may be
14 determined in the same manner as provided for initiatory initiative
15 and referendary referendum
petitions in section 9 of article II of
16 the state constitution of 1963. An official declaration of the
17 sufficiency or insufficiency of a petition filed under this section
18 shall must be made by the board of state canvassers not later
than
19 60 days before the general November election.
20 (3) The petitions shall must be in substantially the
following
21 form:
|
22 |
PETITION TO FORM NEW POLITICAL PARTY |
|
23 |
We, the undersigned, duly registered electors of the |
|
24 |
city, township of ................. county of ................. |
|
25 |
(strike one) |
|
26 |
state of Michigan, residing at the places set opposite our |
|
27 |
names, respectfully request the secretary of state, in |
|
28 |
accordance with section 685 of the Michigan election law, |
|
29 |
1954
PA 116, MCL 168.685, to |
|
1 |
|
|
2 |
the candidates of the ........................ party on the |
|
3 |
ballot at the .................... election. |
4 Warning: A person who knowingly signs petitions to organize
5 more than 1 new state political party, signs a petition to organize
6 a new state political party more than once, or signs a name other
7 than his or her own is violating the provisions of the Michigan
8 election law.
|
9 |
................................ |
|
10 |
................................ |
|
11 |
................................ |
12 (4) The balance of the petition form shall must be
13 substantially as set forth in section 544c. The size of all
14 organizing petitions shall must be 8-1/2 inches by 13
inches and
15 shall must be printed in the following type sizes: The words
16 "petition to form new political party" and the name of the proposed
17 political party shall must
be in 24-point boldface type; the word
18 "warning" and the language contained in the warning shall must be
19 in 12-point boldface type.
20 (5) Petitions circulated under this section may be circulated
21 on a countywide basis. A petition that is circulated countywide
22 shall must be on a form prescribed by the secretary of state.
23 (6) If the principal candidate of a political party receives a
24 vote equal to less than 1% of the total number of votes cast for
25 the successful candidate for the office of secretary of state at
26 the last preceding general November election in which a secretary
27 of state was elected, that political party shall not have the name
1 of any candidate printed on the ballots at the next ensuing general
2 November election, and a column shall must not
be provided on the
3 ballots for that party. A disqualified party may again qualify and
4 have the names of its candidates printed in a separate party column
5 on each election ballot in the manner set forth in subsection (1)
6 for the qualification of new parties. The term "principal
7 candidate" of a political party As used in this subsection,
8 "principal candidate of a political party" means the candidate who
9 receives the greatest number of votes of all candidates of that
10 political party for that election.
11 (7) A political party that complied with this section is
12 subject to section 686a in order to have the name of that party ,
13 its vignette, and its
candidates appear on the general election
14 ballot.
15 (8) A person shall not knowingly sign a petition to organize
16 more than 1 new state political party, sign a petition to organize
17 a new state political party more than once, or sign a name other
18 than his or her own on the petition.
19 Sec. 696. (1) The board of election commissioners in each
20 county shall have the name of each candidate for federal, state,
21 district, county, and township offices at an election printed on 1
22 ballot, separate from any other ballot. The name of each candidate
23 of each political party shall must be placed in a
separate column
24 on the ballot under the name and vignette of the party with the
25 name of each candidate opposite the name of the office for which
26 the candidate was certified to have been nominated.under the name
27 of the office for which the candidate was certified to have been
1 nominated along with the political party name under the candidate's
2 name.
3 (2) If, in a district that is a county or entirely within 1
4 county, 2 or more candidates nominated by the same political party
5 or by different political parties for the same office, or
6 nonpartisan candidates for the same office, have the same or
7 similar surnames, a candidate may file a written request with the
8 board of county election commissioners for a clarifying
9 designation. The request shall must be filed not later than
3 days
10 after the certification of the relevant candidates. Not later than
11 3 days after the filing of the request, the board of county
12 election commissioners shall determine whether a similarity exists
13 and whether a clarifying designation should be granted. In a
14 district located in more than 1 county, the board of state
15 canvassers shall make a determination whether to grant a clarifying
16 designation upon the written request of a candidate who is
17 certified by the secretary of state. The request shall must be
18 filed with the state board of state canvassers not later
than 3
19 days after the state board of state canvassers completes
the
20 canvass of the primary election in compliance with section 581 and
21 the certification of nominees in compliance with section 687. The
22 board of state canvassers shall make its determination not later
23 than 3 days after the request is filed.
24 (3) In each instance, the determining board shall immediately
25 notify each candidate for the same office as the requester that a
26 request for a clarifying designation has been made and of the date,
27 time, and place of the hearing. The requester and each candidate
1 for the same office shall must be notified of the
board's
2 determination by first-class mail sent within 24 hours after the
3 final date for the determination. A candidate who is dissatisfied
4 with the determination of the board of county election
5 commissioners may file an appeal in the circuit court of the county
6 where the board is located. A candidate who is dissatisfied with
7 the determination of the board of state canvassers may file an
8 appeal in the Ingham county County circuit court. The
appeal shall
9 must be filed within 14 days after the final date for determination
10 by the board. The court shall hear the matter de novo. Except as
11 provided in subsection (4), in the case of the same surname or of a
12 final determination by the board or by the court before the latest
13 date that the board can arrange for the ballot printing of the
14 existence of similarity, the board shall print the occupation, date
15 of birth, or residence of each of the candidates having the same or
16 similar surnames on the ballot or ballot labels or slips to be
17 placed on the voting machine, when used, under their respective
18 names. The request may not be made by a candidate of a political
19 party whose candidate for secretary of state received less than 10%
20 of the total vote cast in the state for all candidates for
21 secretary of state in the most recent November election in which a
22 secretary of state was elected. The term As used in this
23 subsection, "occupation" includes a currently held political
24 office, even though it is not the candidate's principal occupation,
25 but does not include reference to a previous position or
26 occupation.
27 (4) If there are 2 candidates with the same or similar
1 surnames and 1 of the candidates is entitled to an incumbency
2 designation by section 24 of article VI of the state constitution
3 of 1963, no other designation shall be provided for the other
4 candidate with the same or similar surname. If there are more than
5 2 candidates with the same or similar surname and 1 of the
6 candidates is entitled to an incumbency designation by section 24
7 of article VI of the state constitution of 1963, a clarifying
8 designation may be given to the other candidates with the same or
9 similar surname. Except for an incumbency designation under section
10 24 of article VI of the state constitution of 1963, if 2 or more
11 candidates with the same or similar surnames are related, the board
12 shall only print the residence or date of birth of each of the
13 candidates as a clarifying designation. As used in this subsection,
14 "related" means that the candidates with the same or similar
15 surnames are related within the third degree of consanguinity.
16 (5) The board of state canvassers shall issue guidelines to
17 ensure fairness and uniformity in the granting of designations and
18 may issue guidelines relating to what constitutes the same or
19 similar surnames. The board of state canvassers and the boards of
20 county election commissioners shall follow the guidelines.
21 Sec. 719. The election commission of each city, township, and
22 village shall perform such those duties relative to the
23 preparation, printing, and delivery of ballots as are required by
24 law of the boards of county
election commissioners. of
counties.
25 Like duties and privileges as are enjoined and granted by this act
26 upon and to the various committees of the different political
27 organizations are hereby prescribed for city, village, or township
1 committees in matters pertaining to any city, village, or township
2 election, except that it shall is not be necessary
for a city,
3 township, or village committee of a political party or organization
4 to furnish a vignette or heading for the ballots other than to
5 designate the name of the party or political organization which
6 they represent. In cities, villages, and townships, the names of
7 candidates for city, township, or village offices , as the case may
8 be, shall must be given by the committees of the various political
9 organizations to the board of election commissioners of such the
10 city, village, or township not less than 18 days before each
11 election, but it shall is
not be necessary for any party
committee
12 to give to the board of election commissioners the name of any
13 candidate nominated at an official primary election. The proof of
14 the ballot shall must
be open to public inspection at the
office of
15 the township, city, or village clerk , not less than 15 days before
16 such the election.
17 Enacting section 1. Sections 684 and 775 of the Michigan
18 election law, 1954 PA 116, MCL 168.684 and 168.775, are repealed.
19 Enacting section 2. This amendatory act takes effect 90 days
20 after the date it is enacted into law.
