Bill Text: MI HB5609 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Elections; judicial; judicial candidate nonrefundable filing fee in lieu of nomination petitions; provide for. Amends secs. 409a, 409b, 409c, 409d, 409l, 412, 413, 414, 415, 424a, 432, 433, 434, 435, 444, 467a, 467b, 467d, 467e, 467m & 544b of 1954 PA 116 (MCL 168.409a et seq.).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-03-11 - Bill Electronically Reproduced 03/11/2020 [HB5609 Detail]
Download: Michigan-2019-HB5609-Introduced.html
HOUSE BILL NO. 5609
March 10, 2020, Introduced by Reps. Garza,
Berman, Maddock and LaGrand and referred to the Committee on Elections and
Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 409a, 409b, 409c, 409d, 409l, 412, 413, 414, 415, 424a, 432, 433, 434, 435, 444, 467a, 467b, 467d, 467e, 467m, and 544b (MCL 168.409a, 168.409b, 168.409c, 168.409d, 168.409l, 168.412, 168.413, 168.414, 168.415, 168.424a, 168.432, 168.433, 168.434, 168.435, 168.444, 168.467a, 168.467b, 168.467d, 168.467e, 168.467m, and 168.544b), sections 409b, 413, 433, 467a, and 467b as amended by 2018 PA 120, sections 409c, 414, 424a, 434, and 467d as amended by 1999 PA 218, sections 409d, 415, 435, and 467e as amended by 1990 PA 32, sections 409l, 444, and 467m as amended by 2014 PA 94, and section 544b as amended by 1999 PA 216.
the people of the state of michigan enact:
Sec. 409a. A general nonpartisan primary election shall must be held in every appellate court district of this state on the Tuesday succeeding after the first Monday in August preceding before every general November election in which judges of the court of appeals are to be elected, at which time the qualified and registered electors may vote for nonpartisan candidates for the office of judge of the court of appeals. : Provided, however, That if, If, upon expiration of the time for filing nominating petitions or paying the nonrefundable filing fee for the primary election of said the judge of the court of appeals in any appellate court district, it shall appear appears that there are not to exceed twice the number of candidates as there are persons individuals to be elected, then the secretary of state shall certify to the county board or boards of election commissioners the names of such those candidates for court of appeals judge whose nominating petitions, filing fee, or affidavit of candidacy have been properly filed, and such those candidates shall be are the nominees for judge of the court of appeals and shall must be so certified. As to such that office there shall must not be no a primary election and this office shall must be omitted from the judicial primary ballot.
Sec. 409b. (1) To Subject to subsection (9), to obtain the printing of the name of a qualified person individual other than an incumbent judge of the court of appeals as a candidate for nomination for the office of judge of the court of appeals upon the official nonpartisan primary ballots, there must be filed with the secretary of state nominating petitions containing the signatures, addresses, and dates of signing of a number of qualified and registered electors residing in the appellate court district as determined under section 544f. The provisions of sections 544a and 544b apply. The secretary of state shall receive nominating petitions up to 4 p.m. on the fifteenth Tuesday before the primary.
(2) Nominating petitions filed under this section are valid only if they clearly indicate for which of the following offices the candidate is filing, consistent with subsection (8):
(a) An unspecified existing judgeship for which the incumbent judge is seeking election.
(b) An unspecified existing judgeship for which the incumbent judge is not seeking election.
(c) A new judgeship.
(3) Nominating petitions specifying a new or existing court of appeals judgeship may not be used to qualify a candidate for another judicial office of the same court in the same judicial district. A person An individual who files nominating petitions for election to more than 1 court of appeals judgeship has not more than 3 days following the close of filing to withdraw from all but 1 filing.
(4) In a primary and general election for 2 or more judgeships where more than 1 of the categories in subsection (2) could be selected, a candidate shall apply to the bureau of elections for a written statement of office designation to correspond to the judgeship sought by the candidate. The office designation provided by the secretary of state must be included in the heading of all nominating petitions. Nominating petitions containing an improper office designation are invalid.
(5) The secretary of state shall issue an office designation of incumbent position for any judgeship for which the incumbent judge is eligible to seek reelection. If an incumbent judge does not file an affidavit of candidacy by the deadline, the secretary of state shall notify all candidates for that office that a nonincumbent position exists. All nominating petitions circulated for the nonincumbent position subsequent to the deadline must bear an office designation of nonincumbent position. All signatures collected before the affidavit of candidacy filing deadline may be filed with the nonincumbent nominating petitions.
(6) An incumbent judge of the court of appeals may become a candidate in the primary election for the office of which he or she is the incumbent by filing 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 the court of appeals was appointed to fill a vacancy and the judge entered upon the duties of the 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. The affidavit of candidacy must contain statements that the affiant is an incumbent judge of the court of appeals, is domiciled within the district, will not attain the age of 70 by the date of election, and is a candidate for election to the office of judge of the court of appeals.
(7) In the primary and general November election for 2 or more judgeships of the court of appeals in a judicial district, each of the following categories of candidates must be listed separately on the ballot, consistent with subsection (8):
(a) The names of candidates for the judgeship or judgeships for which the incumbent is seeking election.
(b) The names of candidates for the judgeship or judgeships for which the incumbent is not seeking election.
(c) The names of candidates for a newly created judgeship or judgeships.
(8) If the death or disqualification of an incumbent judge triggers the application of section 409d(2), then for the purposes of subsections (2) and (7), that judgeship must be regarded as a judgeship for which the incumbent judge is not seeking election. The application of this subsection includes, but is not limited to, circumstances in which the governor appoints an individual to fill the vacancy and that individual seeks to qualify as a nominee under section 409d(2).
(9) Instead of filing nominating petitions, a candidate for judge of the court of appeals may pay a nonrefundable filing fee to the secretary of state in an amount as provided in this subsection. If the nonrefundable filing fee is paid by the due date for filing nominating petitions, the payment of the nonrefundable filing fee has the same effect under this section as the filing of nominating petitions. The nonrefundable filing fee must be deposited in the general fund of the state treasury. The amount of the nonrefundable filing fee is as follows:
(a) If the number of nominating petition signatures required for the candidate under section 544f is fewer than 1,000, $100.00.
(c) If the number of nominating petition signatures required for the candidate under section 544f is 2,000 or more and fewer than 4,000, $300.00.
(d) If the number of nominating petition signatures required for the candidate under section 544f is 4,000 or more and fewer than 6,200, $500.00.
(e) If the number of nominating petition signatures required for the candidate under section 544f is 6,200 or more, $700.00.
Sec. 409c. After the filing of a nominating petition, payment of the nonrefundable filing fee, or filing of an affidavit of candidacy by or in behalf of a proposed candidate for the office of judge of the court of appeals, the proposed candidate is not permitted to withdraw unless he or she serves a written notice of withdrawal on the secretary of state or his or her duly authorized agent. The notice must be served not later than 3 days after the last day for filing nominating petitions or paying the nonrefundable filing fee if a nominating petition was filed or nonrefundable filing fee paid for the proposed candidate, and not later than 3 days after the last day for filing affidavits of candidacy if an affidavit of candidacy was filed for the proposed candidate. If the third day falls on a Saturday, Sunday, or legal holiday, the notice of withdrawal may be served on the secretary of state or his or her duly authorized agent at any time on or before 4 p.m. , eastern standard time, on the next secular day.
Sec. 409d. (1) In each appellate court district the candidates for office of judge of the court of appeals receiving the largest number of votes at any primary election, to a number equal to twice the number of persons individuals to be elected as set forth provided in the report of the board of state canvassers, based on the returns from the various boards of county canvassers and election precincts, or as determined by the board of state canvassers as the result of a recount, shall must be declared the nominees for the office at the next general November election. The board of state canvassers shall certify the nomination to the county election commissions.
(2) If, after the deadline for filing nominating petitions or paying the nonrefundable filing fee under section 409b, there are fewer candidates for nomination or nominees for the office of judge of the court of appeals than there are persons individuals to be elected at the general November election because of the death or disqualification of a candidate more than 65 days before the general November election, then a person, an individual, whether or not an incumbent, may qualify as a nominee for that office at the general November election by filing nominating petitions or paying the nonrefundable filing fee as required by section 409b. However, the filing shall or payment must be made before 4 p.m. on the twenty-first day following the death or disqualification of the candidate or 4 p.m. on the sixtieth day preceding before the general November election, whichever is earlier, and the minimum number of signatures required is 1,000 or 1/2 the minimum number required under section 409b, whichever is less.
(3) The secretary of state shall certify the nomination of each person individual who qualifies as a nominee under subsection (2) to the board of election commissioners of each county in the appellate court district for the general November election.
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 individual appointed by the governor shall be considered is an incumbent for purposes of this act. The person individual 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 or nonrefundable filing fee 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 individual 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 individual elected shall hold office for the remainder of the unexpired term.
Sec. 412. A general nonpartisan primary election shall must be held in every county of this state on the Tuesday succeeding after the first Monday in August prior to before the general election at which judges of the circuit court are elected, at which time the qualified and registered electors may vote for nonpartisan candidates for the office of judge of the circuit court. If, upon the expiration of the time for filing nominating petitions, paying the nonrefundable filing fee, or filing incumbency affidavits of candidacy for the primary election of said the judge of the circuit court in any judicial circuit, it shall appear appears that there are not to exceed twice the number of candidates as there are persons individuals to be elected, then the secretary of state shall certify to the county board of election commissioners the name of such the candidate for circuit court judge whose nominating petitions, nonrefundable filing fee, or affidavits affidavit of candidacy have been properly filed, and such the candidate shall be is the nominee for the judge of the circuit court and shall must be so certified. As to such that office, there shall must not be no a primary election and this office shall must be omitted from the judicial primary ballot.
Sec. 413. (1) To Subject to subsection (5), to obtain the printing of the name of a person an individual as a candidate for nomination for the office of judge of the circuit court upon the official nonpartisan primary ballots, there must be filed with the secretary of state nominating petitions containing the signatures, addresses, and dates of signing of a number of qualified and registered electors residing in the judicial circuit as determined under section 544f or by the filing of an affidavit of candidacy according to section 413a. The secretary of state shall receive the nominating petitions up to 4 p.m. of the fifteenth Tuesday before the primary. The provisions of sections 544a and 544b apply.
(2) If a candidate for nomination for the office of judge of the circuit court receives incorrect or inaccurate written information from the secretary of state or the bureau of elections concerning the number of nominating petition signatures required under section 544f and that incorrect or inaccurate written information is published or distributed by the secretary of state or the bureau of elections, the candidate may bring an action in a court of competent jurisdiction for equitable relief. A court may grant equitable relief to a candidate under this subsection if all of the following occur:
(a) The candidate brings the action for equitable relief within 6 days after the candidate is notified by the secretary of state or the bureau of elections that the candidate's nominating petition contains insufficient signatures.
(b) The candidate files an affidavit certifying that he or she contacted and received from the secretary of state or the bureau of elections incorrect or inaccurate written information concerning the number of nominating petition signatures required under section 544f.
(c) The secretary of state or the bureau of elections published or distributed the incorrect or inaccurate written information concerning the number of nominating petition signatures required under section 544f before the filing deadline under subsection (1).
(d) The secretary of state or bureau of elections did not inform the candidate at least 14 days before the filing deadline under subsection (1) that incorrect or inaccurate written information concerning the number of nominating petition signatures required under section 544f had been published or distributed.
(3) If a court grants equitable relief to a candidate under subsection (2), the candidate must be given the opportunity to obtain additional nominating petition signatures to meet the requirements under section 544f. The additional nominating petition signatures obtained by a candidate must be filed with the secretary of state no later than 4 p.m. on the fifth business day after the date that the court order granting equitable relief is filed.
(4) The nominating petition signatures filed under this section are subject to challenge as provided in section 552.
(5) Instead of filing nominating petitions, a candidate for judge of the circuit court may pay a nonrefundable filing fee to the secretary of state in an amount as provided in this subsection. If the nonrefundable filing fee is paid by the due date for filing nominating petitions, the payment of the nonrefundable filing fee has the same effect under this section as the filing of nominating petitions. The nonrefundable filing fee must be deposited in the general fund of the state treasury. The amount of the nonrefundable filing fee is as follows:
(a) If the number of nominating petition signatures required for the candidate under section 544f is fewer than 1,000, $100.00.
(b) If the number of nominating petition signatures required for the candidate under section 544f is 1,000 or more and fewer than 2,000, $200.00.
(c) If the number of nominating petition signatures required for the candidate under section 544f is 2,000 or more and fewer than 4,000, $300.00.
(d) If the number of nominating petition signatures required for the candidate under section 544f is 4,000 or more, $500.00.
Sec. 414. After the filing of a nominating petition, payment of the nonrefundable filing fee, or filing of an affidavit of candidacy by or in behalf of a proposed candidate for the office of judge of the circuit court, the proposed candidate is not permitted to withdraw unless he or she serves a written notice of withdrawal on the secretary of state or his or her duly authorized agent. The notice must be served not later than 3 days after the last day for filing nominating petitions or paying the nonrefundable filing fee if a nominating petition was filed or nonrefundable filing fee paid for the proposed candidate, and not later than 3 days after the last day for filing affidavits of candidacy if an affidavit of candidacy was filed for the proposed candidate. If the third day falls on a Saturday, Sunday, or legal holiday, the notice of withdrawal may be served on the secretary of state or his or her duly authorized agent at any time on or before 4 p.m. , eastern standard time, on the next secular day.
Sec. 415. (1) The candidates for the office of judge of the circuit court receiving the largest number of votes at any primary election, to a number equal to twice the number of persons individuals to be elected as set forth provided in the report of the board of state canvassers, based on the returns from the various county boards of canvassers and election precincts or as determined by the board of state canvassers as the result of a recount, shall must be declared the nominees for the office at the next general election. The board of state canvassers shall certify the nomination to the county election commissions.
(2) If, after the deadline for filing nominating petitions or paying the nonrefundable filing fee under section 413, there are fewer candidates for nomination or nominees for the office of judge of the circuit court than there are persons individuals to be elected at the general November election because of the death or disqualification of a candidate more than 65 days before the general November election, then a person, an individual, whether or not an incumbent, may qualify as a nominee for that office at the general November election by filing nominating petitions or paying the nonrefundable filing fee as required by section 413. However, the filing shall or payment must be made before 4 p.m. on the twenty-first day following the death or disqualification of the candidate or 4 p.m. on the sixtieth day preceding before the general November election, whichever is earlier, and the minimum number of signatures required is 1,000 or 1/2 the minimum number required under section 413, whichever is less.
(3) The secretary of state shall certify the nomination of each person individual who qualifies as a nominee under subsection (2) to the board of election commissioners specified by section 687 for the general November election.
Sec. 424a. (1) In the primary and general election for 2 or more judgeships of the circuit court, each of the following categories of candidates shall must be listed separately on the ballot, consistent with subsection (3):
(a) The names of candidates for the judgeship or judgeships for which the incumbent is seeking election.
(b) The names of candidates for an existing judgeship or judgeships for which the incumbent is not seeking election.
(c) The names of candidates for a newly created judgeship or judgeships.
(2) Nominating petitions filed under section 413 are valid only if they clearly indicate for which of the following offices the candidate is filing, consistent with subsection (3):
(a) An unspecified existing judgeship for which the incumbent judge is not seeking election.
(b) A new judgeship.
(c) An unspecified existing judgeship for which the incumbent judge is seeking election.
(3) If the death or disqualification of an incumbent judge triggers the application of section 415(2), then for the purposes of subsections (1) and (2), that judgeship shall be is regarded as a judgeship for which the incumbent judge is not seeking election. The application of this subsection includes, but is not limited to, circumstances in which the governor appoints an individual to fill the vacancy and that individual seeks to qualify as a nominee under section 415(2).
(4) A person An individual who files nominating petitions or pays the nonrefundable filing fee for election to more than 1 circuit judgeship shall have has not more than 3 days following the close of filing to withdraw from all but 1 filing.
(5) In a primary and general election for 2 or more judgeships where more than 1 of the categories in subsection (2) could be selected, a candidate shall apply to the bureau of elections for a written statement of office designation to correspond to the judgeship sought by the candidate. The office designation provided by the secretary of state shall must be included in the heading of all nominating petitions. Nominating petitions containing an improper office designation are invalid.
(6) The secretary of state shall issue an office designation of incumbent position for any judgeship for which the incumbent judge is eligible to seek reelection. If an incumbent judge does not file an affidavit of candidacy by the deadline, the secretary of state shall notify all candidates for that office that a nonincumbent position exists. All nominating petitions circulated for the nonincumbent position subsequent to after the deadline shall must bear an office designation of nonincumbent position. All signatures collected prior to before the affidavit of candidacy filing deadline may be filed with the nonincumbent nominating petitions.
Sec. 432. A general nonpartisan primary election shall must be held in every county of this state on the Tuesday succeeding after the first Monday in August preceding before every general November election at which judges of probate are to be elected, at which time the qualified and registered electors may vote for nonpartisan candidates for the office of judge of probate. If upon the expiration of the time for filing nominating petitions, paying the nonrefundable filing fee, or filing incumbency affidavits of candidacy for the primary election of said the probate judges in any county it shall appear appears that there are not to exceed twice the number of candidates as there are persons individuals to be elected, then the county clerk shall certify to the county board of election commissioners the name of such the candidate for probate judge whose nominating petitions or nonrefundable filing fee have been properly filed and such the candidate shall be is the nominee for the judge of probate and shall must be so certified. As to such that office, there shall must not be no a primary election and this office shall must be omitted from the judicial primary ballot.
Sec. 433. (1) Except as otherwise provided in this subsection and subject to subsection (9), to obtain the printing of the name of a person an individual as a candidate for nomination for the office of judge of probate upon the official nonpartisan primary ballots, there must be filed with the county clerk of each county nominating petitions containing the signatures, addresses, and dates of signing of a number of qualified and registered electors residing in the county as determined under section 544f or by the filing of an affidavit of candidacy according to section 433a. In the case of Subject to subsection (9), in a probate court district, to obtain the printing of the name of a person an individual as a candidate for nomination for the office of judge of probate upon the official nonpartisan primary ballots, there must be filed with the secretary of state nominating petitions containing the signatures, addresses, and dates of signing of a number of qualified and registered electors residing in the probate court district as determined under section 544f or by the filing of an affidavit of candidacy according to section 433a. The county clerk or, in the case of a probate court district, the secretary of state shall receive nominating petitions up to 4 p.m. on the fifteenth Tuesday before the August primary. The provisions of sections 544a and 544b apply.
(2) Nominating petitions filed under this section are valid only if they clearly indicate for which of the following offices the candidate is filing, consistent with section 435a(2):
(a) An unspecified existing judgeship for which the incumbent judge is seeking election.
(b) An unspecified existing judgeship for which the incumbent judge is not seeking election.
(c) A new judgeship.
(3) A person An individual who files nominating petitions or pays the nonrefundable filing fee for election to more than 1 probate judgeship has not more than 3 days following the close of filing to withdraw from all but 1 filing.
(4) In a primary and general election for 2 or more judgeships where more than 1 of the categories in subsection (2) could be selected, a candidate shall apply to the bureau of elections for a written statement of office designation to correspond to the judgeship sought by the candidate. The office designation provided by the secretary of state must be included in the heading of all nominating petitions. Nominating petitions containing an improper office designation are invalid.
(5) The secretary of state shall issue an office designation of incumbent position for any judgeship for which the incumbent judge is eligible to seek reelection. If an incumbent judge does not file an affidavit of candidacy by the deadline, the secretary of state shall notify all candidates for that office that a nonincumbent position exists. All nominating petitions circulated for the nonincumbent position after the deadline must bear an office designation of nonincumbent position. All signatures collected before the affidavit of candidacy filing deadline may be filed with the nonincumbent nominating petitions.
(6) If a candidate for nomination for the office of judge of probate receives incorrect or inaccurate written information from the county clerk or, in the case of a probate court district, the secretary of state concerning the number of nominating petition signatures required under section 544f and that incorrect or inaccurate written information is published or distributed by the county clerk or, in the case of a probate court district, the secretary of state, the candidate may bring an action in a court of competent jurisdiction for equitable relief. A court may grant equitable relief to a candidate under this subsection if all of the following occur:
(a) The candidate brings the action for equitable relief within 6 days after the candidate is notified by the county clerk or, in the case of a probate court district, the secretary of state that the candidate's nominating petition contains insufficient signatures.
(b) The candidate files an affidavit certifying that he or she contacted and received from the county clerk or, in the case of a probate court district, the secretary of state incorrect or inaccurate written information concerning the number of nominating petition signatures required under section 544f.
(c) The county clerk or, in the case of a probate court district, the secretary of state published or distributed the incorrect or inaccurate written information concerning the number of nominating petition signatures required under section 544f before the filing deadline under subsection (1).
(d) The county clerk or, in the case of a probate court district, the secretary of state did not inform the candidate at least 14 days before the filing deadline under subsection (1) that incorrect or inaccurate written information concerning the number of nominating petition signatures required under section 544f had been published or distributed.
(7) If a court grants equitable relief to a candidate under subsection (6), the candidate must be given the opportunity to obtain additional nominating petition signatures to meet the requirements under section 544f. The additional nominating petition signatures obtained by a candidate must be filed with the county clerk or, in the case of a probate court district, the secretary of state no later than 4 p.m. on the fifth business day after the date that the court order granting equitable relief is filed.
(8) The nominating petition signatures filed under this section are subject to challenge as provided in section 552.
(9) Instead of filing nominating petitions, a candidate for judge of probate may pay a nonrefundable filing fee to the county clerk or, in the case of a probate court district, the secretary of state in an amount as provided in this subsection. If the nonrefundable filing fee is paid by the due date for filing nominating petitions, the payment of the nonrefundable filing fee has the same effect under this section as the filing of nominating petitions. The nonrefundable filing fee must be deposited in the general fund of the state treasury. The amount of the nonrefundable filing fee is as follows:
(a) If the number of nominating petition signatures required for the candidate under section 544f is fewer than 1,000, $100.00.
(b) If the number of nominating petition signatures required for the candidate under section 544f is 1,000 or more and fewer than 2,000, $200.00.
(c) If the number of nominating petition signatures required for the candidate under section 544f is 2,000 or more and fewer than 4,000, $300.00.
(d) If the number of nominating petition signatures required for the candidate under section 544f is 4,000 or more, $500.00.
Sec. 434. After the filing of a nominating petition, payment of the nonrefundable filing fee, or filing of an affidavit of candidacy by or in behalf of a proposed candidate for the office of judge of probate, the proposed candidate is not permitted to withdraw unless he or she serves a written notice of withdrawal on the secretary of state or his or her duly authorized agent. The notice must be served not later than 3 days after the last day for filing nominating petitions or paying the nonrefundable filing fee if a nominating petition was filed or nonrefundable filing fee paid for the proposed candidate, and not later than 3 days after the last day for filing affidavits of candidacy if an affidavit of candidacy was filed for the proposed candidate. If the third day falls on a Saturday, Sunday, or legal holiday, the notice of withdrawal may be served on the secretary of state or his or her duly authorized agent at any time on or before 4 p.m. , eastern standard time, on the next secular day.
Sec. 435. (1) The candidates for the office of judge of probate receiving the largest number of votes at any primary election, to a number equal to twice the number of places to be filled as set forth provided 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, shall must be declared the nominees for the office at the next November election. The board of county canvassers shall certify the nominations to the county election commission.
(2) If, after the deadline for filing nominating petitions or paying the nonrefundable filing fee under section 433, there are fewer candidates for nomination or nominees for the office of judge of probate than there are persons individuals to be elected because of the death or disqualification of a candidate more than 65 days before the general November election, then a person, an individual, whether or not an incumbent, may qualify as a nominee for that office at the general November election by filing nominating petitions or paying the nonrefundable filing fee with the county clerk or, in case of a probate district, with the secretary of state in the manner required by section 433. However, the filing shall or payment must be made before 4 p.m. on the twenty-first day following the death or disqualification of the candidate or 4 p.m. on the sixtieth day preceding before the general November election, whichever is earlier, and the minimum number of signatures required is 1,000 or 1/2 the minimum number required under section 433, whichever is less.
(3) The county clerk or, in case of a probate district, the secretary of state shall certify the nomination of each person individual who qualifies as a nominee under subsection (2) to the board of election commissioners specified by section 687 for the general November election.
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 individual appointed by the governor shall be considered is 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 or nonrefundable filing fee 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 individual 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 individual elected shall hold office for the remainder of the unexpired term.
Sec. 467a. A general nonpartisan primary election must be held in every district and election division of this state on the Tuesday after the first Monday in August before the general election at which judges of the district court are elected, at which time the qualified and registered electors may vote for nonpartisan candidates for judge of the district court. If upon the expiration of the time for filing nominating petitions, paying the nonrefundable filing fee, or filing affidavits of candidacy for the primary election of the judge of the district court in any district or election division, it appears that there are not to exceed twice the number of candidates as there are persons individuals to be elected, the secretary of state shall certify to the county board of election commissioners the name of those candidates for district court judge whose nominating petitions, nonrefundable filing fee, or affidavits of candidacy have been properly filed and those candidates are the nominees for the judge of the district court and must be so certified. As to that office, there must not be a primary election and this office must be omitted from the judicial primary ballot.
Sec. 467b. (1) To Subject to subsection (9), to obtain the printing of the name of a person an individual as a candidate for nomination for the office of judge of the district court upon the official nonpartisan primary ballots, there must be filed with the secretary of state nominating petitions containing the signatures, addresses, and dates of signing of a number of qualified and registered electors residing in the judicial district or division as determined under section 544f. An incumbent district court judge may also become a candidate by the filing of an affidavit of candidacy in lieu of nominating petitions according to section 467c. The secretary of state shall receive nominating petitions up to 4 p.m. on the fifteenth Tuesday before the primary. The provisions of sections 544a and 544b apply.
(2) Nominating petitions filed under this section are valid only if they clearly indicate for which of the following offices the candidate is filing, consistent with section 467c(4):
(a) An unspecified existing judgeship for which the incumbent judge is seeking election.
(b) An unspecified existing judgeship for which the incumbent judge is not seeking election.
(c) A new judgeship.
(3) A person An individual who files nominating petitions or pays the nonrefundable filing fee for election to more than 1 district judgeship has not more than 3 days following the close of filing to withdraw from all but 1 filing.
(4) In a primary and general election for 2 or more judgeships where more than 1 of the categories in subsection (2) could be selected, a candidate shall apply to the bureau of elections for a written statement of office designation to correspond to the judgeship sought by the candidate. The office designation provided by the secretary of state must be included in the heading of all nominating petitions. Nominating petitions containing an improper office designation are invalid.
(5) The secretary of state shall issue an office designation of incumbent position for any judgeship for which the incumbent judge is eligible to seek reelection. If an incumbent judge does not file an affidavit of candidacy by the deadline, the secretary of state shall notify all candidates for that office that a nonincumbent position exists. All nominating petitions circulated for the nonincumbent position after the deadline must bear an office designation of nonincumbent position. All signatures collected before the affidavit of candidacy filing deadline may be filed with the nonincumbent nominating petitions.
(6) If a candidate for nomination for the office of judge of the district court receives incorrect or inaccurate written information from the secretary of state or the bureau of elections concerning the number of nominating petition signatures required under section 544f and that incorrect or inaccurate written information is published or distributed by the secretary of state or the bureau of elections, the candidate may bring an action in a court of competent jurisdiction for equitable relief. A court may grant equitable relief to a candidate under this subsection if all of the following occur:
(a) The candidate brings the action for equitable relief within 6 days after the candidate is notified by the secretary of state or the bureau of elections that the candidate's nominating petition contains insufficient signatures.
(b) The candidate files an affidavit certifying that he or she contacted and received from the secretary of state or the bureau of elections incorrect or inaccurate written information concerning the number of nominating petition signatures required under section 544f.
(c) The secretary of state or the bureau of elections published or distributed the incorrect or inaccurate written information concerning the number of nominating petition signatures required under section 544f before the filing deadline under subsection (1).
(d) The secretary of state or bureau of elections did not inform the candidate at least 14 days before the filing deadline under subsection (1) that incorrect or inaccurate written information concerning the number of nominating petition signatures required under section 544f had been published or distributed.
(7) If a court grants equitable relief to a candidate under subsection (6), the candidate must be given the opportunity to obtain additional nominating petition signatures to meet the requirements under section 544f. The additional nominating petition signatures obtained by a candidate must be filed with the secretary of state no later than 4 p.m. on the fifth business day after the date that the court order granting equitable relief is filed.
(8) The nominating petition signatures filed under this section are subject to challenge as provided in section 552.
(9) Instead of filing nominating petitions, a candidate for judge of the district court may pay a nonrefundable filing fee to the secretary of state in an amount as provided in this subsection. If the nonrefundable filing fee is paid by the due date for filing nominating petitions, the payment of the nonrefundable filing fee has the same effect under this section as the filing of nominating petitions. The nonrefundable filing fee must be deposited in the general fund of the state treasury. The amount of the nonrefundable filing fee is as follows:
(a) If the number of nominating petition signatures required for the candidate under section 544f is fewer than 1,000, $100.00.
(b) If the number of nominating petition signatures required for the candidate under section 544f is 1,000 or more and fewer than 2,000, $200.00.
(c) If the number of nominating petition signatures required for the candidate under section 544f is 2,000 or more and fewer than 4,000, $300.00.
(d) If the number of nominating petition signatures required for the candidate under section 544f is 4,000 or more, $500.00.
Sec. 467d. After the filing of a nominating petition, payment of the nonrefundable filing fee, or filing of an affidavit of candidacy by or in behalf of a proposed candidate for the office of judge of the district court, the proposed candidate is not permitted to withdraw unless he or she serves a written notice of withdrawal on the secretary of state or his or her duly authorized agent. The notice must be served not later than 3 days after the last day for filing nominating petitions or paying the nonrefundable filing fee if a nominating petition was filed or nonrefundable filing fee paid for the proposed candidate, and not later than 3 days after the last day for filing affidavits of candidacy if an affidavit of candidacy was filed for the proposed candidate. If the third day falls on a Saturday, Sunday, or legal holiday, the notice of withdrawal may be served on the secretary of state or his or her duly authorized agent at any time on or before 4 p.m. , eastern standard time, on the next secular day.
Sec. 467e. (1) The candidates for the office of judge of the district court receiving the largest number of votes at any primary election, to a number equal to twice the number of persons individuals to be elected as set forth provided in the report of the board of state canvassers, based on the returns from the various county boards of canvassers and election precincts or as determined by the board as the result of a recount, shall must be declared the nominees for the office at the next general November election. The board of state canvassers shall certify the nomination to the county election commissions.
(2) If, after the deadline for filing nominating petitions or paying the nonrefundable filing fee under section 467b, there are fewer candidates for nomination or nominees for the office of judge of the district court than there are persons individuals to be elected because of the death or disqualification of a candidate more than 65 days before the general November election, then a person, an individual, whether or not an incumbent, may qualify as a nominee for that office at the general November election by filing nominating petitions or paying the nonrefundable filing fee as required by section 467b. However, the filing shall or payment must be made before 4 p.m. on the twenty-first day following the death or disqualification of the candidate or 4 p.m. on the sixtieth day preceding before the general November election, whichever is earlier, and the minimum number of signatures required is 1,000 or 1/2 the minimum number required under section 467b, whichever is less.
(3) The secretary of state shall certify the nomination of each person individual who qualifies as a nominee under subsection (2) to the board of election commissioners specified by section 687 for the general November election.
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 individual appointed by the governor shall be considered is 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 or nonrefundable filing fee 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 individual 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 individual elected shall hold office for the remainder of the unexpired term.
Sec. 544b. (1) Except as provided in subsection (2), a person shall an individual does not qualify as a candidate for any judicial office of this state unless the person individual files an affidavit with his or her nominating petitions or, if applicable, nonrefundable filing fee, on a form prescribed by the secretary of state stating that he or she possesses the constitutional qualifications set forth in section 19 of article VI of the state constitution of 1963.
(2) In cases where If candidates for judicial office are nominated at political party conventions, the chairperson and secretary of the party shall file the affidavit with the secretary of state not more than 1 business day after the conclusion of the convention.
