Bill Text: MI HB4696 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Elections; judicial; age limit for eligibility for election as judge; eliminate. Amends secs. 391, 392a, 409, 411, 431, 433a & 467 of 1954 PA 116 (MCL 168.391 et seq.).

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced - Dead) 2019-06-12 - Bill Electronically Reproduced 06/12/2019 [HB4696 Detail]

Download: Michigan-2019-HB4696-Introduced.html

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HOUSE BILL No. 4696

 

 

June 11, 2019, Introduced by Reps. Brann, Vaupel, Bellino, Crawford, Allor and Cherry and referred to the Committee on Judiciary.

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 391, 392a, 409, 411, 431, 433a, and 467 (MCL

 

168.391, 168.392a, 168.409, 168.411, 168.431, 168.433a, and

 

168.467), sections 391, 409, 411, 431, 433a, and 467 as amended by

 

2018 PA 120.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 391. A person An individual is not eligible to the office

 

of justice of the supreme court unless the person individual is a

 

registered and qualified elector of this state by the filing

 

deadline or the date the person files the affidavit of candidacy,

 

and the individual is licensed to practice law in this state. , and

 

at the time of election or appointment is less than 70 years of

 

age.

 

     Sec. 392a. (1) Any An incumbent justice of the supreme court

 

may become a candidate for re-election reelection as a justice of

 

the supreme court by filing with the secretary of state an

 

affidavit of candidacy not less than 180 days prior to before the

 

expiration of his or her term of office.

 

     (2) The affidavit of candidacy shall must contain statements

 

that the affiant is an incumbent supreme court justice , and that

 

he or she is domiciled within the state, that he will not have

 

attained the age of 70 years prior to the date of election and must

 

contain a declaration that he or she is a candidate for election to

 

the office of supreme court justice.

 

     Sec. 409. A person An individual is not eligible for the

 

office of judge of the court of appeals unless the person

 

individual is a registered and qualified elector of the appellate

 

court district in which election is sought by the filing deadline

 

or the date the person individual files the affidavit of candidacy,

 

and the individual is licensed to practice law in this state. ,

 

and, at the time of election or appointment, is less than 70 years

 

of age.

 

     Sec. 411. A person An individual is not eligible to the office

 

of judge of the circuit court unless the person individual is a

 

registered and qualified elector of the judicial circuit in which

 

election is sought by the filing deadline or the date the person

 

individual files the affidavit of candidacy, as provided in section

 

11 of article VI of the state constitution of 1963, and the

 

individual is licensed to practice law in this state. , and, at the

time of election, is less than 70 years of age.

 

     Sec. 431. A person An individual is not eligible to the office

 

of judge of probate unless the person individual is a registered

 

and qualified elector of the county in which election is sought by

 

the filing deadline or the date the person individual files the

 

affidavit of candidacy, as provided in section 16 of article VI of

 

the state constitution of 1963, and the individual is licensed to

 

practice law in this state except as provided in section 7 of the

 

schedule and temporary provisions of the state constitution of

 

1963. , and, at the time of election, is less than 70 years of age.

 

     Sec. 433a. (1) Any An incumbent probate court judge may become

 

a candidate in the primary election for the office of which he or

 

she is an incumbent by filing with the county clerk, or in case of

 

a probate district with the secretary of state, an affidavit of

 

candidacy not less than 134 days before the date of the primary

 

election. However, if an incumbent judge of probate was appointed

 

to fill a vacancy and the judge entered upon the duties of office

 

less than 137 days before the date of the primary election but

 

before the fifteenth Tuesday before the primary election, the

 

incumbent judge may file the affidavit of candidacy not more than 3

 

days after entering upon the duties of office.

 

     (2) The affidavit of candidacy must contain statements that

 

the affiant is an incumbent probate court judge of the county or

 

district of which election is sought , and that he or she is

 

domiciled within the county or district, and that he or she will

 

not attain the age of 70 years by the date of election, and must

 

contain a declaration that he or she is a candidate for election to

the office of probate court judge.

 

     Sec. 467. A person An individual is not eligible for the

 

office of judge of the district court unless the person individual

 

is a registered and qualified elector of the judicial district and

 

election division in which election is sought by the filing

 

deadline or the date the person individual files the affidavit of

 

candidacy, and the individual is licensed to practice law in this

 

state. , and, at the time of election or appointment, is less than

 

70 years of age.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Joint Resolution ____ or House Joint Resolution ____

 

(request no. 02584'19) of the 100th Legislature becomes a part of

 

the state constitution of 1963 as provided in section 1 of article

 

XII of the state constitution of 1963.