Bill Text: MI HB5283 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Elections; other; use of filing fee for county offices and for office of state senator or representative; modify. Amends secs. 163, 193, 224 & 254 of 1954 PA 116 (MCL 168.163 et seq.).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-11 - Printed Bill Filed 02/06/2014 [HB5283 Detail]
Download: Michigan-2013-HB5283-Introduced.html
HOUSE BILL No. 5283
February 6, 2014, Introduced by Rep. Lane and referred to the Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 163, 193, 224, and 254 (MCL 168.163, 168.193,
168.224, and 168.254), as amended by 2012 PA 276.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 163. (1) To obtain the printing of the name of a person
as a candidate for nomination by a political party for the office
of state senator or representative under a particular party heading
upon the official primary ballots in the various election precincts
of a district, there shall be filed nominating petitions signed by
a number of qualified and registered electors residing in the
district as determined under section 544f. If the district
comprises more than 1 county, the nominating petitions shall be
filed with the secretary of state. If the district comprises 1
county or less, the nominating petitions shall be filed with the
county clerk of that county. Nominating petitions shall be in the
form
prescribed in section 544c. Until December 31, 2013, the
secretary
of state and the various county clerks shall receive
nominating
petitions for filing in accordance with this act up to 4
p.m.
of the twelfth Tuesday before the August primary. Beginning
January
1, 2014, the The secretary of state and the various county
clerks shall receive nominating petitions for filing in accordance
with this act up to 4 p.m. of the fifteenth Tuesday before the
August primary.
(2) In lieu of filing a nominating petition, a filing fee of
$100.00 may be paid to the county clerk or, for a candidate in a
district comprising more than 1 county, to the secretary of state.
Payment of the fee and certification of the name of the candidate
paying the fee shall be governed by the same provisions as in the
case of nominating petitions. The fee shall be deposited in the
general
fund of the county. and shall be refunded to candidates who
are
nominated and to an equal number of candidates who receive the
next
highest number of votes in the primary election. If 2 or more
candidates
tie in having the lowest number of votes allowing a
refund,
the sum of $100.00 shall be divided among them. A refund of
a
deposit shall not be made to a candidate who withdraws as a
candidate.
Sec. 193. (1) To obtain the printing of the name of a person
as a candidate for nomination by a political party for an office
named in section 191 under a particular party heading upon the
official primary ballots, there shall be filed with the county
clerk nominating petitions signed by a number of qualified and
registered electors residing within the county as determined under
section 544f. Nominating petitions shall be in the form prescribed
in
section 544c. Until December 31, 2013, the county clerk shall
receive
nominating petitions up to 4 p.m. of the twelfth Tuesday
before
the August primary. Beginning January 1, 2014, the The
county clerk shall receive nominating petitions up to 4 p.m. of the
fifteenth Tuesday before the August primary.
(2) To obtain the printing of the name of a candidate of a
political party under the particular party's heading upon the
primary election ballots in the various voting precincts of the
county, there may be filed by the candidate, in lieu of filing
nomination petitions, a filing fee of $100.00 to be paid to the
county clerk. Payment of the fee and certification of the
candidate's name paying the fee shall be governed by the same
provisions as in the case of nominating petitions. The fee shall be
deposited
in the general fund of the county. and shall be refunded
to
candidates who are nominated and to an equal number of
candidates
who receive the next highest number of votes in the
primary
election. If 2 or more candidates tie in having the lowest
number
of votes allowing a refund, the sum of $100.00 shall be
divided
among them. The deposits of all other defeated candidates,
as
well as the deposits of candidates who withdraw or are
disqualified,
shall be forfeited and the candidates shall be
notified
of the forfeiture. Deposits forfeited under this section
shall
be paid into and credited to the general fund of the county.
Sec. 224. (1) To obtain the printing of the name of a person
as candidate for nomination by a political party for the office of
county auditor under a particular party heading upon the official
primary ballots, there shall be filed with the county clerk
nominating petitions signed by a number of qualified and registered
electors residing within the county as determined under section
544f. Nominating petitions shall be in the form prescribed in
section
544c. Until December 31, 2013, the county clerk shall
receive
nominating petitions up to 4 p.m. of the twelfth Tuesday
before
the August primary. Beginning January 1, 2014, the The
county clerk shall receive nominating petitions up to 4 p.m. of the
fifteenth Tuesday before the August primary.
(2) To obtain the printing of the name of the candidate of a
political party under the particular party's heading upon the
primary election ballots in the various voting precincts of the
county, there may be filed by the candidate, in lieu of filing
nominating petitions, a filing fee of $100.00 to be paid to the
county clerk. Payment of the fee and certification of the name of
the candidate paying the fee shall be governed by the same
provisions as in the case of nominating petitions. The fee shall be
deposited
in the general fund of the county. and shall be refunded
to
candidates who are nominated and to an equal number of
candidates
who received the next highest number of votes in the
primary
election. If 2 or more candidates tie in having the lowest
number
of votes allowing a refund, the sum of $100.00 shall be
divided
among them. The deposits of all other defeated candidates
and
of candidates who withdraw or are disqualified shall be
forfeited
and the candidates shall be notified of the forfeitures.
Deposits
forfeited under this section shall be paid into and
credited
to the general fund of the county.
Sec. 254. (1) To obtain the printing of the name of a person
as a candidate for nomination by a political party for the office
of county road commissioner under a particular party heading upon
the official primary ballots, there shall be filed with the county
clerk of the county nominating petitions signed by a number of
qualified and registered electors residing within the county as
determined under section 544f. Nominating petitions shall be in the
form
prescribed in section 544c. Until December 31, 2013, the
county
clerk shall receive nominating petitions up to 4 p.m. of the
twelfth
Tuesday before the August primary in which county road
commissioners
are to be elected. Beginning January 1, 2014, the The
county clerk shall receive nominating petitions up to 4 p.m. of the
fifteenth Tuesday before the August primary in which county road
commissioners are to be elected.
(2) To obtain the printing of the name of a candidate of a
political party under the particular party's heading upon the
primary election ballots in the various voting precincts of the
county, there may be filed by each candidate, in lieu of filing
nominating petitions, a filing fee of $100.00 to be paid to the
county clerk. Payment of the fee and certification of the name of
the candidate paying the fee shall be governed by the same
provisions as in the case of nominating petitions. The fee shall be
deposited
in the general fund of the county. and shall be returned
to
all candidates who are nominated and to an equal number of
candidates
who received the next highest number of votes in the
primary
election. If 2 or more candidates tie in having the lowest
number
of votes allowing a refund, the sum of $100.00 shall be
divided
among them. The deposits of all other defeated candidates,
as
well as the deposits of candidates who withdraw or are
disqualified,
shall be forfeited and the candidates shall be
notified
of the forfeitures. Deposits forfeited under this section
shall
be paid into and credited to the general fund of the county.
