Bill Text: MI HB5152 | 2013-2014 | 97th Legislature | Chaptered
Bill Title: Elections; other; general amendments; provide for. Amends secs. 209, 239, 269, 311, 370, 370a, 386, 388, 409l, 424, 444, 467m, 509gg, 544c, 558 & 659 of 1954 PA 116 (MCL 168.209 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-04-17 - Assigned Pa 94'14 With Immediate Effect [HB5152 Detail]
Download: Michigan-2013-HB5152-Chaptered.html
Act No. 94
Public Acts of 2014
Approved by the Governor
April 3, 2014
Filed with the Secretary of State
April 3, 2014
EFFECTIVE DATE: April 3, 2014
STATE OF MICHIGAN
97TH LEGISLATURE
REGULAR SESSION OF 2014
Introduced by Rep. Lyons
ENROLLED HOUSE BILL No. 5152
AN ACT to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending sections 209, 239, 269, 311, 370, 370a, 386, 388, 409l, 424, 444, 467m, 509gg, 544c, 558, and 659 (MCL 168.209, 168.239, 168.269, 168.311, 168.370, 168.370a, 168.386, 168.388, 168.409l, 168.424, 168.444, 168.467m, 168.509gg, 168.544c, 168.558, and 168.659), sections 209, 239, and 269 as amended by 1990 PA 7, section 311 as amended by 2004 PA 289, sections 370 and 509gg as amended by 2005 PA 71, section 370a as amended by 1990 PA 83, sections 386 and 388 as added and sections 558 and 659 as amended by 2012 PA 586, sections 409l, 424, 444, and 467m as amended by 1999 PA 218, and section 544c as amended by 2002 PA 431.
The People of the State of Michigan enact:
Sec. 209. If a vacancy occurs in an elective or appointive county office, it shall be filled in the following manner:
(1) If the vacancy is in the office of county clerk or prosecuting attorney, it shall be filled by appointment by the judge or judges of that judicial circuit.
(2) If the vacancy is in any other county office, the presiding or senior judge of probate, the county clerk, and the prosecuting attorney shall appoint a suitable person to fill the vacancy.
(3) A person appointed shall take and subscribe to the oath as provided in section 1 of article XI of the state constitution of 1963, give bond in the manner required by law, and hold office for the remainder of the unexpired term and until a successor is elected and qualified. However, if the vacancy occurs more than 7 days before the nominating petition filing deadline as provided in section 193 for the general November election that is not the general November election at which a successor in office would be elected if there were no vacancy, the person appointed shall hold office only until a successor is elected at the next general November election in the manner provided by law and qualifies for office. The successor shall hold the office for the remainder of the unexpired term.
Sec. 239. If a vacancy occurs in the office of county auditor, a qualified person shall be appointed to fill the vacancy by a committee consisting of the presiding or senior judge of probate, the county clerk, and the prosecuting attorney of the county, 2 of whom shall constitute a quorum. The person appointed shall take the oath of office, as provided in section 1 of article XI of the state constitution of 1963, give bond in the manner required by law, and hold office for the remainder of the unexpired term and until a successor is elected and qualified. However, if the vacancy occurs more than 7 days before the nominating petition filing deadline as provided in section 224 for the general November election that is not the general November election at which a successor in office would be elected if there were no vacancy, the person appointed shall hold office only until a successor is elected at the next general November election in the manner provided by law and qualifies for office. The successor shall hold the office for the remainder of the unexpired term.
Sec. 269. If a vacancy occurs in the office of county road commissioner, a qualified person shall be appointed to fill the vacancy by the county board of commissioners. The person appointed shall take the oath of office, give bond in the manner required by law, and hold office for the remainder of the unexpired term and until a successor is elected and qualified. However, in a county in which county road commissioners are elected, if the vacancy occurs more than 7 days before the nominating petition filing deadline as provided in section 254 for the general November election that is not the general November election at which a successor in office would be elected if there were no vacancy, the person appointed shall hold office only until a successor is elected at the next general November election in the manner provided by law and qualifies for office. The successor shall hold the office for the remainder of the unexpired term.
Sec. 311. (1) If less than a majority of the offices of school board member of a school district become vacant, the remaining school board members shall fill each vacant office by appointment. If a vacancy in the office of school board member is not filled within 30 days after the vacancy occurs or if a majority of the offices of school board member of a school district become vacant, the intermediate school board for that school district shall fill each vacancy by appointment. An individual appointed under this subsection serves until a successor is elected and qualified.
(2) If a vacancy occurs in an office of school board member more than 7 days before the nominating petition filing deadline as provided in section 303 for the general November election that is not the general November election at which a successor in office would be elected if there were no vacancy, the person appointed shall hold office only until a successor is elected at the next general November election in the manner provided by law and qualifies for office. The successor shall hold the office for the remainder of the unexpired term. This subsection applies regardless of whether an individual is appointed under subsection (1) to fill the vacancy.
(3) Within 3 days after an appointment is made to fill a vacancy in an elected office in a school district, the secretary of the school board shall notify the school district election coordinator, in writing, of the name, address, and office of the person who vacated the office as well as the person filling the office.
Sec. 370. (1) Except as provided in section 370a or subsection (2), if a vacancy occurs in an elective or appointive township office, the vacancy shall be filled by appointment by the township board, and the person appointed shall hold the office for the remainder of the unexpired term.
(2) If 1 or more vacancies occur in an elective township office that cause the number of members serving on the township board to be less than the minimum number of board members that is required to constitute a quorum for the transaction of business by the board, the board of county election commissioners shall make temporary appointment of the number of members required to constitute a quorum for the transaction of business by the township board. An official appointed under this subsection shall hold the office only until the official’s successor is elected or appointed and qualified. An official who is temporarily appointed under this subsection shall not vote on the appointment of himself or herself to an elective or appointive township office.
(3) If a township official submits a written resignation from an elective township office, for circumstances other than a resignation related to a recall election, that specifies a date and time when the resignation is effective, the township board, within 30 days before that effective date and time, may appoint a person to fill the vacancy at the effective date and time of the resignation. The resigning official shall not vote on the appointment.
(4) Except as provided in subsection (5), if the township board does not make an appointment under subsection (3), or if a vacancy occurs in an elective township office and the vacancy is not filled by the township board or the board of county election commissioners within 45 days after the beginning of the vacancy, the county clerk of the county in which the township is located shall call a special election within 5 calendar days to fill the vacancy. Not later than 4 p.m. on the fifteenth calendar day after the county clerk calls a special election under this section, the township party committee for each political party in the township shall submit a nominee to fill the vacancy. The special election shall be held on the next regular election date that is not less than 60 days after the deadline for submitting nominees under this section or 70 days after the deadline for submitting nominees under this section if the next regular election date is the even year August primary or the general November election. Notice of the special election shall be given in the same manner required by section 653a. A special election called under this section does not affect the rights of a qualified elector to register for any other election. A person elected to fill a vacancy shall serve for the remainder of the unexpired term.
(5) Subsection (4) does not apply to the office of township constable. If a vacancy occurs in the office of township constable, the township board shall determine if and when the vacancy shall be filled by appointment. If the township board does not fill the vacancy by appointment, the office of township constable shall remain vacant until the next general or special election in which township offices are filled.
Sec. 370a. Notwithstanding the provisions of section 370, if a vacancy occurs in an elective or appointive township office, which vacancy is filled by appointment by the township board or the board of county election commissioners and the vacancy occurs more than 7 days before the nominating petition filing deadline as provided in section 349 for the general November election that is not the general November election at which a successor in office would be elected if no vacancy, then the person appointed shall hold office only until a successor is elected at the next general November election in the manner provided by law and qualifies for office. The successor shall hold the office for the remainder of the unexpired term.
Sec. 386. (1) For an individual’s name to appear on the official ballot as a candidate for metropolitan district officer, the candidate shall file a nominating petition and the affidavit required by section 558 with the metropolitan district election coordinator not later than 4 p.m. on the fifteenth Tuesday before the election date. The nominating petitions shall be signed by a number of qualified and registered electors residing in the metropolitan district as determined under section 544f.
(2) The nominating petition shall be substantially in the form prescribed in section 544c, except that the petition shall be nonpartisan and shall include the following opening paragraph:
We, the undersigned, registered and qualified voters of the city or township of ________________________________
and residents of the ______________________________________, the county of _____________________________, state of
(legal name of metropolitan district)
Michigan, nominate __________________________________________________
(name of candidate)
___________________________________________________________ ______________________________________________,
(street address) (city or township)
a registered and qualified elector of the metropolitan district as an officer of the legislative body of the metropolitan district for a term of ____ years, expiring _____, to be voted for at the election to be held on the ______ day of _________________________, ___________________.
(month) (year)
(3) An elector shall not sign petitions for more candidates than are to be elected.
(4) A nominating petition filed under this chapter is subject to the examination and investigation process prescribed in section 552 as to its sufficiency and the validity and genuineness of the signatures on the nominating petition, and to the other procedures prescribed in that section relevant to a petition filed under this chapter.
(5) After a nominating petition is filed for a candidate for metropolitan district officer, the candidate is not permitted to withdraw unless a written withdrawal notice, signed by the candidate, is filed with the metropolitan district election coordinator not later than 4 p.m. of the third day after the last day for filing the nominating petition.
Sec. 388. (1) If less than a majority of the offices of metropolitan district officer of a metropolitan district become vacant, the remaining metropolitan district officers shall fill each vacant office by appointment. If a vacancy in the office of metropolitan district officer is not filled within 30 days after the vacancy occurs or if a majority of the offices of metropolitan district officer of a metropolitan district become vacant, the county election commission of the county in which the largest number of registered electors of the metropolitan district reside shall fill each vacancy by appointment. An individual appointed under this subsection serves until a successor is elected and qualified.
(2) If a vacancy occurs in an office of metropolitan district officer more than 7 days before the nominating petition filing deadline as provided in section 386 for the regular metropolitan district election that is not the regular metropolitan district election at which a successor in office would be elected if there were no vacancy, the person appointed shall hold office only until a successor is elected at the next regular metropolitan district election in the manner provided by law and qualifies for office. The successor shall hold the office for the remainder of the unexpired term. This subsection applies regardless of whether an individual is appointed under subsection (1) to fill the vacancy.
(3) Within 3 days after an appointment is made to fill a vacancy in an elected office in a metropolitan district, the secretary of the legislative body of the metropolitan district shall notify the metropolitan district election coordinator, in writing, of the name, address, and office of the person who vacated the office as well as the person filling the office.
Sec. 409l. (1) If a vacancy occurs in the office of judge of the court of appeals, the governor shall appoint a successor to fill the vacancy. Except as otherwise provided in section 409b(8), the person appointed by the governor shall be considered an incumbent for purposes of this act. The person appointed by the governor shall hold office until 12 noon of January 1 following the next general November election at which a successor is elected and qualified.
(2) Except as otherwise provided in section 409d(2), if the vacancy occurs more than 7 days before the nominating petition filing deadline as provided in section 409b for the general November election that is not the general November election at which a successor in office would be elected if there were no vacancy, the person appointed shall hold office only until a successor is elected at the next general November election in the manner provided for in this chapter for the election of judges of the court of appeals. The person elected shall hold office for the remainder of the unexpired term.
Sec. 424. (1) If a vacancy occurs in the office of circuit judge, the governor shall appoint a successor to fill the vacancy. Except as otherwise provided in section 424a(3), the person appointed by the governor shall be considered an incumbent for purposes of this act. The person appointed by the governor shall hold office until 12 noon of January 1 following the next general November election at which a successor is elected and qualified.
(2) Except as otherwise provided in section 415(2), if the vacancy occurs more than 7 days before the nominating petition filing deadline as provided in section 413 for the general November election that is not the general November election at which a successor in office would be elected if there were no vacancy, the person appointed shall hold office only until a successor is elected at the next general November election in the manner provided in this chapter for the election of circuit judges. The person elected shall hold office for the remainder of the unexpired term.
Sec. 444. (1) If a vacancy occurs in the office of judge of probate, the governor shall appoint a successor to fill the vacancy. Except as otherwise provided in section 435a(2), the person appointed by the governor shall be considered an incumbent for purposes of this act and shall hold office until 12 noon of January 1 following the next general November election at which a successor is elected and qualified.
(2) Except as otherwise provided in section 435(2), if the vacancy occurs more than 7 days before the nominating petition filing deadline as provided in section 433 for the general November election that is not the general November election at which a successor in office would be elected if there were no vacancy, the person appointed shall hold office only until a successor is elected at the next general November election in the manner provided for in this chapter for the election of judges of probate. The person elected shall hold office for the remainder of the unexpired term.
Sec. 467m. (1) If a vacancy occurs in the office of district judge, the governor shall appoint a successor to fill the vacancy. Except as otherwise provided in section 467c(4), the person appointed by the governor shall be considered an incumbent for purposes of this act and shall hold office until 12 noon of January 1 following the next general November election at which a successor is elected and qualified.
(2) Except as otherwise provided in section 467e(2), if the vacancy occurs more than 7 days before the nominating petition filing deadline as provided in section 467b for the general November election that is not the general November election at which a successor in office would be elected if there were no vacancy, the person appointed shall hold office only until a successor is elected at the next general November election in the manner provided for in this chapter for the election of district court judges. The person elected shall hold office for the remainder of the unexpired term.
Sec. 509gg. (1) The information described in this subsection that is contained in a registration record is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. The secretary of state, a designated voter registration agency, or a county, city, township, or village clerk shall not release a copy of that portion of a registration record that contains any of the following:
(a) The record that a person declined to register to vote.
(b) The office that received a registered voter’s application.
(c) A registered voter’s driver’s license or state personal identification card number.
(d) The month and day of birth of a registered voter.
(e) The telephone number provided by a registered voter.
(f) The digitized signature of an elector that is captured or reproduced and transmitted to the qualified voter file by the secretary of state or a county, city, or township clerk under section 509hh or by the secretary of state under section 307 of the Michigan vehicle code, 1949 PA 300, MCL 257.307.
(2) Except as otherwise provided in this subsection, the last 4 digits of a registered voter’s social security number contained in a registration record are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. The last 4 digits of a registered voter’s social security number contained in a registration record may only be used by the secretary of state to verify a registered voter’s data as provided by the help America vote act of 2002 and to verify a registered voter’s status under this act, and shall not be used or released for any other purpose.
Sec. 544c. (1) A nominating petition shall be 8-1/2 inches by 14 inches in size. On a nominating petition, the words “nominating petition” shall be printed in 24-point boldface type. “We, the undersigned,” et cetera shall be printed in 8-point type. “Warning” and language in the warning shall be printed in 12-point boldface type. The balance of the petition shall be printed in 8-point type. The name, address, and party affiliation of the candidate and the office for which petitions are signed shall be printed in type not larger than 24-point. Subject to subsection (6), the petition shall be in the following form:
NOMINATING PETITION
(PARTISAN)
We, the undersigned, registered and qualified voters of the city or township of
(strike 1)
.......................................................................................... , in the county of ..........................................................................................
and state of Michigan, nominate,
.................................................................................................................................................................................................................. ,
(Name of Candidate)
.................................................................................................................................................................................................................. ,
(Street Address or Rural Route) (City or Township)
as a candidate of the .......................................... party for the office of .......................................... ,
.................................................................................................................................................................................................................. ,
(District, if any)
to be voted for at the primary election to be held on the ...................... day of ...................... , 20..... .
WARNING
A person who knowingly signs more petitions for the same office than there are persons to be elected to the office or signs a name other than his or her own is violating the provisions of the Michigan election law.
Printed Street Address Name and or Date of Signing Signature Rural Route Zip Code Mo. Day Year
1. ______________________________________________________________________________________________________
2. ______________________________________________________________________________________________________
3. ______________________________________________________________________________________________________
4. ______________________________________________________________________________________________________
numbered lines as above
CERTIFICATE OF CIRCULATOR
The undersigned circulator of the above petition asserts that he or she is qualified to circulate this petition and that each signature on the petition was signed in his or her presence; and that, to his or her best knowledge and belief, each signature is the genuine signature of the person purporting to sign the petition, the person signing the petition was at the time of signing a qualified registered elector of the city or township listed in the heading of the petition, and the elector was qualified to sign the petition.
Circulator—Do not sign or date certificate until after circulating petition.
______________________________________________________________
(Printed Name and Signature of Circulator) (Date)
______________________________________________________________
(City or Township Where Registered)
[or, for a petition under section 482, a qualifying petition for an office named in section 590b(4), or a petition to form a new political party under section 685
“(City or Township Where Registered or Qualified to be Registered, if a resident of this state)”]
______________________________________________________________
(Complete Residence Address (Street and Number or Rural Route))
______________________________________________________________
(Zip Code)
Warning-A circulator knowingly making a false statement in the above certificate, a person not a circulator who signs as a circulator, or a person who signs a name other than his or her own as circulator is guilty of a misdemeanor.
(2) The petition shall be in a form providing a space for the circulator and each elector who signs the petition to print his or her name. The secretary of state shall prescribe the location of the space for the printed name. The failure of the circulator or an elector who signs the petition to print his or her name, to print his or her name in the location prescribed by the secretary of state, or to enter a zip code or his or her correct zip code does not affect the validity of the signature of the circulator or the elector who signs the petition. A printed name located in the space prescribed for printed names does not constitute the signature of the circulator or elector. If an elector does not include his or her signature, his or her street address or rural route, or the date of signing on the petition as required under subsection (1), the elector’s signature is invalid and shall not be counted by a filing official.
(3) At the time of circulation, the circulator of a petition shall be a registered elector of this state. At the time of executing the certificate of circulator, the circulator shall be registered in the city or township indicated in the certificate of circulator on the petition. However, the circulator of a petition under section 482, a qualifying petition for an office named in section 590b(4), or a petition to form a new political party under section 685 either shall be a registered elector of this state or qualified to be a registered elector of this state at the time of circulation and at the time of executing the certificate of circulator, or, if not a resident of this state, shall be at least 18 years of age, a United States citizen, and shall sign an irrevocable written stipulation concerning legal process as provided in subsection (4).
(4) If the circulator of a petition under section 482, a qualifying petition for an office named in section 590b(4), or a petition to form a new political party under section 685 is not a resident of this state, the circulator shall submit to the sponsor of the petition a signed, irrevocable written stipulation agreeing to accept the jurisdiction of this state for the purpose of any legal proceeding or hearing initiated under section 476, 552, 590f(2), or 685 that concerns a petition sheet executed by the circulator and agreeing that legal process served on the secretary of state or a designated agent of the secretary of state has the same effect as if personally served on the circulator. The irrevocable written stipulation shall also include the circulator’s residential address, mailing address, if different than his or her residential address, telephone number, and electronic mail address. The irrevocable written stipulation remains in effect for the pendency of any proceeding concerning the petition sheet signed by the circulator. The irrevocable written stipulation shall be preserved by the sponsor of the petition for 1 year and shall be made available to the secretary of state, a designated agent of the secretary of state, or the board of state canvassers immediately upon request.
(5) If the secretary of state or a designated agent of the secretary of state is served with legal process as described in subsection (4), the secretary of state shall promptly notify the circulator by personal service or certified mail at the circulator’s residential address as indicated in the certificate of circulator or the irrevocable written stipulation.
(6) Subject to subsection (7), the following language shall be added to the certificate of circulator of a petition under section 482, a qualifying petition for an office named in section 590b(4), or a petition to form a new political party under section 685:
If at the time of circulating the petition and executing the certificate of circulator the undersigned circulator is not qualified to be a registered elector of this state, he or she agrees that any legal process concerning a petition sheet executed by the circulator served on the secretary of state or a designated agent of the secretary of state has the same effect as if personally served on the circulator.
(7) A petition described in subsection (6) that is approved as to form by the board of state canvassers before the effective date of the 2014 amendatory act that added this subsection and that is in circulation for the 2014 general election is not required to contain the added language to the certificate of circulator provided in subsection (6). However, the circulator of a petition described in subsection (6) who is not a resident of this state shall comply with the requirements under subsection (4).
(8) The circulator of a petition shall sign and date the certificate of circulator before the petition is filed. A circulator shall not obtain electors’ signatures after the circulator has signed and dated the certificate of circulator. A filing official shall not count electors’ signatures that were obtained after the date the circulator signed the certificate or that are contained in a petition that the circulator did not sign and date.
(9) Except as provided in section 544d, a petition sheet shall not be circulated in more than 1 city or township and each signer of a petition sheet shall be a registered elector of the city or township indicated in the heading of the petition sheet. The invalidity of 1 or more signatures on a petition does not affect the validity of the remainder of the signatures on the petition.
(10) An individual shall not sign more nominating petitions for the same office than there are persons to be elected to the office. An individual who violates this subsection is guilty of a misdemeanor.
(11) An individual shall not do any of the following:
(a) Sign a petition with a name other than his or her own.
(b) Make a false statement in a certificate on a petition.
(c) If not a circulator, sign a petition as a circulator.
(d) Sign a name as circulator other than his or her own.
(12) An individual who violates subsection (11) is guilty of a misdemeanor punishable by a fine of not more than $500.00 or imprisonment for not more than 93 days, or both.
(13) If after a canvass and a hearing on a petition under section 476 or 552 the board of state canvassers determines that an individual has knowingly and intentionally failed to comply with subsection (11), the board of state canvassers may impose 1 or more of the following sanctions:
(a) Disqualify obviously fraudulent signatures on a petition form on which the violation of subsection (11) occurred, without checking the signatures against local registration records.
(b) Disqualify from the ballot a candidate who committed, aided or abetted, or knowingly allowed the violation of subsection (11) on a petition to nominate that candidate.
(14) If an individual violates subsection (11) and the affected petition sheet is filed, each of the following who knew of the violation of subsection (11) before the filing of the affected petition sheet and who failed to report the violation to the secretary of state, the filing official, if different, the attorney general, a law enforcement officer, or the county prosecuting attorney is guilty of a misdemeanor, punishable by a fine of not more than $500.00 or imprisonment for not more than 1 year, or both:
(a) The circulator of the petition, if different than the individual who violated subsection (11).
(b) If the petition is a nominating petition, the candidate whose nomination is sought.
(c) If the petition is a petition for a ballot question or recall, the organization or other person sponsoring the petition drive.
(15) If after a canvass and a hearing on a petition under section 476 or 552 the board of state canvassers determines that an individual has violated subsection (14), the board of state canvassers may impose 1 or more of the following sanctions:
(a) Impose on the organization or other person sponsoring the petition drive an administrative fine of not more than $5,000.00.
(b) Charge the organization or other person sponsoring the petition drive for the costs of canvassing a petition form on which a violation of subsection (11) occurred.
(c) Disqualify an organization or other person described in subdivision (a) from collecting signatures on a petition for a period of not more than 4 years.
(d) Disqualify obviously fraudulent signatures on a petition form on which a violation of subsection (11) occurred without checking the signatures against local registration records.
(e) Disqualify from the ballot a candidate who committed, aided or abetted, or knowingly allowed a violation of subsection (11) on a petition to nominate that candidate.
(16) If an individual refuses to comply with a subpoena of the board of state canvassers in an investigation of an alleged violation of subsection (11) or (14), the board may hold the canvass of the petitions in abeyance until the individual complies.
(17) A person who aids or abets another in an act that is prohibited by this section is guilty of that act.
(18) The provisions of this section except as otherwise expressly provided apply to all petitions circulated under authority of the election law.
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 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.
(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.
(e) A name that constitutes a common law name as provided in section 560b.
(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 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.
Sec. 659. (1) If a county, city, ward, township, village, metropolitan district, or school district is divided into 2 or more election precincts, the county, city, ward, township, or village election commissioners may, by resolution, consolidate the election precincts for a particular election that is not a general November election, primary election immediately before a general November election, or other statewide or federal election. In making the determination to consolidate election precincts for a particular election, the election commission shall take into consideration the number of choices the voter must make, the percentage of registered voters who voted at the last similar election in the jurisdiction, and the intensity of the interest of the electors in the jurisdiction concerning the candidates and proposals to be voted upon. Consolidated precincts shall not exceed 5,000 active registered electors.
(2) A consolidation under this section shall be made not less than 60 days before a primary, general, or special election.
(3) Unless the polling places for the election precincts to be consolidated are located in the same building, when a county, city, ward, township, or village consolidates election precincts for a particular election under subsection (1), the election commissioners or other designated election officials shall do both of the following:
(a) Provide notice to the registered electors of the affected election precincts of the consolidation of election precincts for the particular election and the location of the polling place for the election precinct or precincts for that election. Notice may be provided by mail or other method designed to provide actual notice to the registered electors.
(b) Post a written notice at each election precinct polling place stating the location of the consolidated election precinct polling place.
(4) If a county, city, ward, township, or village consolidates election precincts under this section, each affected election precinct shall be treated as a whole unit and shall not be divided during the consolidation.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
