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.