Bill Text: MI HB5534 | 2017-2018 | 99th Legislature | Introduced


Bill Title: Elections; scheduling; special election date to fill vacancy in the office of Representative in Congress, state senator, or state representative; modify. Amends secs. 178, 632, 633 & 634 of 1954 PA 116 (MCL 168.178 et. seq.).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-02-22 - Referred To Committee On Transportation And Infrastructure [HB5534 Detail]

Download: Michigan-2017-HB5534-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5534

 

 

February 8, 2018, Introduced by Reps. Moss, Faris, Gay-Dagnogo, Lasinski, Durhal, Elder, Geiss, Pagan, Glenn, Zemke, Hammoud, Sowerby, Guerra, Wittenberg, Ellison, Sabo, Brinks and Greig and referred to the Committee on Elections and Ethics.

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 178, 632, 633, and 634 (MCL 168.178, 168.632,

 

168.633, and 168.634), section 178 as amended by 1980 PA 261 and

 

section 634 as amended by 1996 PA 583.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 178. The governor may shall call a special election as

 

provided in section 634 in any senatorial or representative

 

district of the this state when if the right of office of a person

 

elected state senator or representative shall cease ceases before

 

the commencement of the term of service for which the state senator

 

or representative was elected, or whenever if a vacancy occurs in

 

the office of state senator or representative after the term of

 


service has begun for which the state senator or representative was

 

elected.

 

     Sec. 632. The governor shall call a special election in any

 

congressional district of the this state in which there has been no

 

choice for a representative Representative in congress Congress at

 

the general November election. , or he shall direct that in such

 

case the office shall be filled at the next general election.The

 

special election must be held no later than on the next regular

 

election date that is more than 60 days after the general November

 

election in which there was no choice for a Representative in

 

Congress.

 

     Sec. 633. The governor shall call a special election in any

 

congressional district of the this state when if the right of

 

office of a person elected representative Representative in

 

congress shall cease Congress ceases before the commencement of the

 

term of service for which he shall have or she has been elected, or

 

whenever if a vacancy shall occur occurs in the office of

 

representative Representative in congress Congress after the term

 

of service has begun for which such representative the

 

Representative in Congress was elected. ; or the governor shall

 

direct that such vacancy shall be filled at the next general

 

election to be held at least 30 days after such vacancy shall

 

occur.The special election must be held no later than on the next

 

regular election date that is more than 60 days after the date the

 

right of office ceases or the vacancy occurs.

 

     Sec. 634. (1) Except as otherwise provided in this section,

 

when if a vacancy occurs in the office of senator or representative


in the state legislature, the governor may shall call a special

 

election in that senatorial or representative district. or direct

 

that the vacancy be filled at the next general election.The special

 

election must be held no later than on the next regular election

 

date that is more than 60 days after the date the vacancy occurs.

 

     (2) If the vacancy occurs after the primary election and

 

before the following general election the governor may direct that

 

the vacancy be filled at that election. If the governor directs

 

that the vacancy be filled at the following general election, the

 

executive committee of the county committee of each political

 

party, if the county comprises 1 or more representative districts,

 

or, if the district is comprised of more than 1 county, then the

 

executive committee of the county committee of the respective

 

political parties of each county in the district, may select, by a

 

majority vote, a candidate for that office, and shall certify the

 

name of the candidate to the county board of election commissioners

 

of the county or counties comprising that representative district

 

within 21 days after the vacancy occurs and at least 10 days before

 

the general election. Upon certification, the candidate certified

 

shall be is the nominee of that party at that general election to

 

fill the vacancy for the unexpired term with the same force and

 

effect as if the person was nominated at a primary election as

 

otherwise provided in this act. If the ballots for that election

 

have already been printed before the certification, then the board

 

of election commissioners shall cause the names of the candidates

 

to be printed on a separate ballot, which ballot shall must be

 

counted, canvassed, and returned as other ballots cast at that


election.

 

     (3) If the governor directs that the vacancy be filled at the

 

next general election, the secretary of state shall give notice of

 

that decision similar to the notice provided for in section 651.

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