Bill Text: MI HB5610 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Elections; judicial; candidates for circuit court; require to specify which judgeship number they are running for. Amends secs. 2, 412, 413, 413a, 415, 416, 417, 424 & 424a of 1954 PA 116 (MCL 168.2 et seq.).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-03-11 - Bill Electronically Reproduced 03/11/2020 [HB5610 Detail]
Download: Michigan-2019-HB5610-Introduced.html
HOUSE BILL NO. 5610
March 10, 2020, Introduced by Reps. Berman,
Garza, LaGrand and Maddock and referred to the Committee on Elections and
Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 2, 412, 413, 413a, 415, 416, 417, 424, and 424a (MCL 168.2, 168.412, 168.413, 168.413a, 168.415, 168.416, 168.417, 168.424, and 168.424a), section 2 as amended by 2018 PA 603, sections 413 and 413a as amended by 2018 PA 120, sections 415 and 416 as amended by 1990 PA 32, section 424 as amended by 2014 PA 94, and section 424a as amended by 1999 PA 218.
the people of the state of michigan enact:
(a) "Absent voter" is a voter who utilizes the process described in section 759.
(b) "Absent voter ballot" means a ballot that is issued to a voter through the absentee voter process.
(c) "Ballot container" is defined in section 14a.
(d) "Business day" or "secular day" means a day that is not a Saturday, Sunday, or legal holiday.
(e) "Clearly observable boundaries" is defined in section 654a.
(f) "Common carrier" means a company that transports mail, on reasonable request, on regular routes and at set rates.
(g) "Election" means an election or primary election at which the electors of this state or of a subdivision of this state choose or nominate by ballot an individual for public office or decide a ballot question lawfully submitted to them.
(h) "Election precinct" is defined in section 654.
(i) "Fall" state and county conventions and "spring" state and county conventions are assigned meanings in section 596.
(j) "General election" or "general November election" means the election held on the November regular election date in an even numbered year.
(k) "Identification for election purposes" means, if issued to the individual presenting the card or document and if presented for voting purposes the name on the card or document sufficiently matches the individual's name in his or her voter registration record so as to accurately identify the individual as the registered elector, or if issued to the individual presenting the card or document and if presented for voter registration purposes, any of the following:
(i) An operator's or chauffeur's license issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or an enhanced driver license issued under the enhanced driver license and enhanced official state personal identification card act, 2008 PA 23, MCL 28.301 to 28.308.
(ii) An official state personal identification card issued under 1972 PA 222, MCL 28.291 to 28.300, or an enhanced official state personal identification card issued under the enhanced driver license and enhanced official state personal identification card act, 2008 PA 23, MCL 28.301 to 28.308.
(iii) A current operator's or chauffeur's license issued by another state.
(iv) A current state personal identification card issued by another state.
(v) A current state government issued photo identification card.
(vi) A current United States passport or federal government issued photo identification card.
(vii) A current military photo identification card.
(viii) A current tribal photo identification card.
(ix) A current student photo identification card issued by a high school in this state, an institution of higher education in this state described in section 4, 5, or 6 of article VIII of the state constitution of 1963, a junior college or community college established under section 7 of article VIII of the state constitution of 1963, or another accredited degree or certificate granting college or university, junior college, or community college located in this state.
(l) "Immediate family" means an individual's father, mother, son, daughter, brother, sister, and spouse and a relative of any degree residing in the same household as that individual.
(m) "Judgeship number" means the number the secretary of state assigns to a particular judicial office.
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 circuit court judge. of the circuit court. If, upon the expiration of the time for filing petitions or incumbency affidavits of candidacy for the primary election of said judge of the circuit court in any for circuit court judge in a judicial circuit, it shall appear that there are not to exceed twice the number of candidates as there are persons to be elected, then the at least 3 candidates for each judgeship number, then all of the following must occur:
(a) The secretary of state shall certify to the county board of election commissioners the name of such candidate names of the candidates for each judgeship number for circuit court judge whose petitions or affidavits have been properly filed. , and such candidate shall be
(b) Those candidates are the nominee nominees for the judge of the circuit court for that judgeship number and shall must be so certified as the candidates for that judgeship number. As to such office, there shall be
(c) There is no primary election and this office shall for that specified judgeship number and the judgeship number must be omitted from the judicial primary ballot.
Sec. 413. (1) 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 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. Nominating petitions filed under this subsection are valid only if the nominating petitions clearly indicate the judicial office and judgeship number for which the candidate is filing.
(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.
Sec. 413a. (1) Any An incumbent circuit court judge may become a candidate in the primary election for the office and judgeship number of which he or she is an 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 circuit court was appointed to fill a vacancy and the judge entered upon the duties of 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.
(2) The affidavit of candidacy must contain statements that the affiant is an incumbent circuit court judge for the circuit in which election is sought, that he or she is domiciled within the circuit, and that he or she will not attain the age of 70 by the date of election, and must contain a declaration that he or she is a candidate for election to the office and specified judgeship number of circuit court judge.
Sec. 415. (1) The 2 candidates for the office of a specified judgeship number of a circuit court judge of the circuit court receiving the largest number of votes at any a primary election, to a number equal to twice the number of persons to be elected as set forth 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 under section 413, there are fewer than 2 candidates for nomination or nominees for the office of specified judgeship number of circuit court judge of the circuit court than there are persons 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 judgeship number of circuit court judge at the general November election by filing nominating petitions as required by section 413. However, the filing shall 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. 416. (1) Except as otherwise provided in this section, a judge or judges of the circuit court shall be elected in each judicial circuit at the general election in which judges of the circuit court are to be elected. as provided by law.
(2) If there are fewer nominees for the office of is not at least 1 candidate for a specified judgeship number of circuit court judge of the circuit court than there are persons to be elected at the general November election because of the death or disqualification of a nominee less than 66 days before the general November election, then a person shall an individual must not be elected at that general November election to any office of for the specified judgeship number of circuit court judge. of the circuit court for which there is no nominee.
Sec. 417. The board of state canvassers shall determine which candidate or candidates for the office of a specified judgeship number for circuit court judge of the circuit court received the greatest number of votes and shall declare such that candidate or candidates duly elected. The said board shall forthwith make and subscribe on its statement of returns a certificate of such the determination and deliver the same to the secretary of state. An election result certification must include the name of the individual elected, the judicial office, and the judgeship number.
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 The individual appointed by the governor shall be is considered 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 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 individual 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 individual elected shall hold office for the remainder of the unexpired term.
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 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 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).
(1) If the office of judge of the circuit court in any judicial circuit appears on the ballot, that office must be designated with a judgeship number. The judgeship number is designated whether or not there is an incumbent in that office seeking election. Beginning with the elections held after December 31, 2019, the judgeship number is determined at each election as follows:
(a) Subject to subdivisions (b) and (c), the first office of judge of the circuit court in the judicial circuit scheduled to be filled by election is designated position number 1, the next is designated position number 2, and the remaining offices of judge of the circuit court must be designated in the same manner.
(b) If more than 1 office of judge of the circuit court in the judicial circuit is scheduled to be filled at the same election, the office held by the circuit judge with the largest number of years of continuous service is designated with the lowest judgeship number.
(c) If 2 or more offices of judge of the circuit court in the judicial circuit are scheduled to be filled at the same election and the incumbents have the same number of years of continuous service, the office held by the circuit judge with the last name with the lowest alphabetical letter is designated with the lowest judgeship number.
(2) The judgeship number along with the candidates' names for the specified judgeship number must be listed separately on the ballot. In the primary or general election for a circuit court judge, an incumbent judge who is a candidate shall have printed upon the ballot under the name of the candidate the designation of that office.
(3) (4) A person An individual who files nominating petitions for election to more than 1 circuit judgeship shall have number 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 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 the deadline shall bear an office designation of nonincumbent position. All signatures collected prior to the affidavit of candidacy filing deadline may be filed with the nonincumbent nominating petitions.
