Bill Text: MI HB4435 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Elections; candidates; filing of nominating petition, qualifying petition, filing fee, affidavit of candidacy, or affidavit of identity; require certain candidates to appear in person and present proper picture identification. Amends sec. 558 of 1954 PA 116 (MCL 168.558).

Spectrum: Partisan Bill (Democrat 31-0)

Status: (Introduced - Dead) 2013-03-13 - Printed Bill Filed 03/13/2013 [HB4435 Detail]

Download: Michigan-2013-HB4435-Introduced.html

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HOUSE BILL No. 4435

 

March 12, 2013, Introduced by Reps. Brinks, Ananich, LaVoy, Faris, Singh, Smiley, Knezek, Rutledge, Brunner, Brown, Greimel, Barnett, Hovey-Wright, Roberts, McCann, Banks, Townsend, Dillon, Switalski, Yanez, Kosowski, Hobbs, Driskell, Kandrevas, Tlaib, Lamonte, Cavanagh, Schor, Slavens, Lipton and Abed and referred to the Committee on Elections and Ethics.

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending section 558 (MCL 168.558), as amended by 2012 PA 586.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 558. (1) When filing a nominating petition, qualifying

 

petition, filing fee, or affidavit of candidacy for a federal,

 

county, state, city, township, village, metropolitan district, or

 

school district office in any election, a candidate shall file with

 

the officer with whom the petitions, fee, or affidavit is filed 2

 

copies of an affidavit of identity. A candidate nominated for a

 

federal, state, county, city, township, or village office at a

 

political party convention or caucus shall file with the secretary

 

of state an affidavit of identity within 1 business day after being

 

nominated. with the secretary of state. The affidavit of identity

 

filing requirement does not apply to a candidate nominated for the

 

office of president of the United States or vice president of the

 

United States. Except as otherwise provided in this subsection, a

 

candidate shall file a nominating petition, qualifying petition,

 

filing fee, affidavit of candidacy, or affidavit of identity in

 

person with the officer with whom the petitions, fee, or affidavits

 

are filed and shall identify himself or herself to the officer with

 

whom the petitions, fee, or affidavits are filed by presenting an

 

official state identification card issued to that individual under

 

1972 PA 222, MCL 28.291 to 28.300, an operator's or chauffeur's

 

license issued to that individual under the Michigan vehicle code,

 

1949 PA 300, MCL 257.1 to 257.923, or other generally recognized

 

picture identification card. The requirement to file a nominating

 

petition, qualifying petition, filing fee, affidavit of candidacy,

 

or affidavit of identity in person with the officer with whom the

 

petitions, fee, or affidavits are filed, along with the requirement

 

of presenting an authorized picture identification card, does not

 

apply to any of the following candidates:

 

     (a) A candidate for federal office.

 

     (b) A candidate for the office of justice of the supreme

 

court.

 

     (c) A candidate for the office of judge of the court of

 

appeals.

 

     (2) An affidavit of identity shall contain the candidate's

 

name, address, and ward and precinct where registered, if qualified

 

to vote at that election; a statement that the candidate is a

 

citizen of the United States; the candidate's number of years of

 

residence in the state and county; other information that may be

 

required to satisfy the officer as to the identity of the

 

candidate; the manner in which the candidate wishes to have his or

 

her name appear on the ballot; and a statement that the candidate

 

either is or is not using a name, whether a given name, a surname,

 

or otherwise, that is not a name that he or she was given at birth.

 

If a candidate is using a name that is not a name that he or she

 

was given at birth, the candidate shall include on the affidavit of

 

identity the candidate's full former name.

 

     (3) The requirement to indicate a name change on the affidavit

 

of identity does not apply if the name in question is 1 of the

 

following:

 

     (a) A name that was formally changed at least 10 years before

 

filing as a candidate.

 

     (b) A name that was changed in a certificate of naturalization

 

issued by a federal district court at the time the individual

 

became a naturalized citizen at least 10 years before filing as a

 

candidate.

 

     (c) A name that was changed because of marriage.

 

     (d) A name that was changed because of divorce, but only if to

 

a legal name by which the individual was previously known.

 

     (4) An affidavit of identity shall include a statement that as

 

of the date of the affidavit, all statements, reports, late filing

 

fees, and fines required of the candidate or any candidate

 

committee organized to support the candidate's election under the

 

Michigan campaign finance act, 1976 PA 388, MCL 169.201 to 169.282,

 

have been filed or paid; and a statement that the candidate

 

acknowledges that making a false statement in the affidavit is

 

perjury, punishable by a fine up to $1,000.00 or imprisonment for

 

up to 5 years, or both. If a candidate files the affidavit of

 

identity with an officer other than the county clerk or secretary

 

of state, the officer shall immediately forward to the county clerk

 

1 copy of the affidavit of identity by first-class mail. The county

 

clerk shall immediately forward 1 copy of the affidavit of identity

 

for state and federal candidates to the secretary of state by

 

first-class mail. An officer shall not certify to the board of

 

election commissioners the name of a candidate who fails to comply

 

with this section.

 

     (5) If petitions or filing fees are filed by or in behalf of a

 

candidate files petitions or filing fees for more than 1 office,

 

either federal, state, county, city, village, township,

 

metropolitan district, or school district, the terms of which run

 

concurrently or overlap, the candidate so filing, or in behalf of

 

whom petitions or fees were so filed, shall select the 1 office to

 

which his or her candidacy is restricted within 3 days after the

 

last day for the filing of petitions or filing fees unless the

 

petitions or filing fees are filed for 2 offices that are combined

 

or for offices that are not incompatible. Failure to make the

 

selection disqualifies a candidate with respect to each office for

 

which petitions or fees were so filed and the name of the candidate

 

shall not be printed upon the ballot for those offices. A vote cast

 

for that candidate at the ensuing primary or general election shall

 

not be counted and is void.