Bill Text: MI HB5545 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Elections; local; certain nonpartisan county elections; require. Amends secs. 209, 697 & 699 of 1954 PA 116 (MCL 168.209 et seq.); adds secs. 192a, 193a, 194a, 197a & 199a & repeals secs. 192 - 199 of 1954 PA 116 (MCL 168.192 - 168.199).
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2020-02-26 - Bill Electronically Reproduced 02/26/2020 [HB5545 Detail]
Download: Michigan-2019-HB5545-Introduced.html
HOUSE BILL NO. 5545
February 25, 2020, Introduced by Reps. Berman,
Paquette, Eisen, LaGrand and Mueller and referred to the Committee on Local
Government and Municipal Finance.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 209, 697, and 699 (MCL 168.209, 168.697, and 168.699), section 209 as amended by 2014 PA 94, section 697 as amended by 2018 PA 226, and section 699 as amended by 2012 PA 523, and by adding sections 192a, 193a, 194a, 197a, and 199a; and to repeal acts and parts of acts.
the people of the state of michigan enact:
Sec. 192a. A general nonpartisan primary election must be held in every county of this state on the Tuesday after the first Monday in August before every general November election at which the officers named in section 191 are to be elected, at which time the qualified and registered electors may vote for nonpartisan candidates for those offices. If upon the expiration of the time for filing petitions or a filing fee for the primary election of an officer named in section 191 in any county it appears that there are not to exceed twice the number of candidates as there are individuals to be elected, then the county clerk shall certify to the county board of election commissioners the name of the candidate whose petitions have been properly filed and that candidate is the nominee for that office and must be so certified. As to that office, there is no primary election and this office must be omitted from the primary ballot.
Sec. 193a. (1) Subject to subsection (2), to obtain the printing of the name of an individual as a candidate for nomination for an office named in section 191 upon the official nonpartisan primary ballots, there must 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 must be in the form prescribed in section 544a. The county clerk shall receive nominating petitions up to 4 p.m. of the fifteenth Tuesday before the August primary.
(2) Instead of filing nominating petitions, a candidate for an office named in section 191 may pay a filing fee of $100.00 to the county clerk. Payment of the filing fee and certification of the candidate's name paying the filing fee are governed by the same provisions as in the case of nominating petitions. The fee must be deposited in the general fund of the county.
(3) The nominating petition signatures filed under this section are subject to challenge as provided in section 552.
Sec. 194a. After the filing of a nominating petition or filing fee by or on behalf of a proposed candidate for an office named in section 191, the proposed candidate is not permitted to withdraw unless he or she serves a written notice of withdrawal on the county clerk or his or her duly authorized agent not later than 4 p.m. of the third day after the last day for filing the nominating petition or filing fee. If the third day falls on a Saturday, Sunday, or legal holiday, the notice of withdrawal may be served on the county clerk up to 4 p.m. on the next secular day.
Sec. 197a. The candidates for the offices named in section 191 receiving the largest number of votes at a primary election, to a number equal to twice the number of places to be filled as set forth in the report of the board of county canvassers, based on the returns from the various election precincts or as determined by the board of county canvassers as the result of a recount, must be declared the nominees for those offices at the next November election. The board of county canvassers shall certify the nominations to the county election commission.
Sec. 199a. (1) Except as otherwise provided in this section, a county clerk, county treasurer, register of deeds, prosecuting attorney, sheriff, drain commissioner, surveyor, and coroner must be elected in each county in which a county clerk, county treasurer, register of deeds, prosecuting attorney, sheriff, drain commissioner, surveyor, and coroner are to be elected by law.
(2) If there are fewer nominees for an office named in section 191 than there are individuals to be elected because of the death or disqualification of a nominee less than 66 days before the general November election, then an individual must not be elected at that general November election to that office for which there is no nominee.
Sec. 209. If a vacancy occurs in an elective or appointive county office, it shall the vacancy must be filled in the following manner:
(a) (1) If the vacancy is in the office of county clerk or prosecuting attorney, it shall the vacancy must be filled by appointment by the judge or judges of that judicial circuit.
(b) (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 individual to fill the vacancy.
(c) (3) A person An individual 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 193a 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 individual 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. 697. At the general November election, the names of the several offices to be voted for must be placed on the ballot substantially in the following order in the years in which elections for those offices are held: Electors of President and Vice President of the United States; governor and lieutenant governor; secretary of state; attorney general; United States Senator; Representative in Congress; senator and representative in the state legislature; members of the state board of education; regents of the University of Michigan; trustees of Michigan State University; governors of Wayne State University; county executive; prosecuting attorney; sheriff; clerk; treasurer; register of deeds; mine inspector in counties electing a mine inspector; and county road commissioners. ; drain commissioners; coroners; and surveyor. The following township officers must be placed on the same ballot as above described in substantially the following order in the year in which elections for those offices are held: supervisor, clerk, treasurer, trustees, and constables.
Sec. 699. At any regular election, the names of the several nonpartisan offices to be voted for shall must be placed on a separate portion of the ballot containing no party designation in the following order: justices of the supreme court, judges of the court of appeals, judges of the circuit court, judges of the probate court, judges of the district court, community college board of trustees member, intermediate school district board member, prosecuting attorney, sheriff, county clerk, county treasurer, register of deeds, mine inspector in counties electing a mine inspector, drain commissioner, coroner, surveyor, city officers, the following village officers in substantially the following order in the year in which elections for the offices are held: president, clerk, treasurer, and trustees, and in a year in which an election for the office is held, local school district board member, metropolitan district officer, and district library board member.
Enacting section 1. Sections 192 to 199 of the Michigan election law, 1954 PA 116, MCL 168.192 to 168.199, are repealed.
