Bill Text: MI HB5723 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Elections; ballots; requirement of political party vignettes being printed on election ballots; remove. Amends secs. 283, 560a, 570, 685, 696 & 719 of 1954 PA 116 (MCL 168.283 et seq.) & repeals secs. 684 & 775 of 1954 PA 116 (MCL 168.684 & 168.775).

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2016-12-07 - Referred To Second Reading [HB5723 Detail]

Download: Michigan-2015-HB5723-Introduced.html

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HOUSE BILL No. 5723

June 7, 2016, Introduced by Reps. Vaupel, Jenkins, Canfield, Graves and Cole and referred to the Committee on Elections.

 

      A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 283, 560a, 570, 685, 696, and 719 (MCL

 

168.283, 168.560a, 168.570, 168.685, 168.696, and 168.719), section

 

283 as amended by 2004 PA 92, section 570 as amended by 1985 PA

 

160, section 685 as amended by 2002 PA 399, and section 696 as

 

amended by 2002 PA 163; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 283. Not more than 24 hours after the conclusion of the

 

 2  fall state convention, the state central committee of each

 

 3  political party shall canvass the proceedings of the convention and

 

 4  determine the nominees of the convention for membership on the

 

 5  state board of education, the board of regents of the university

 

 6  University of Michigan, the board of trustees of Michigan state

 

 7  university, State University, and the board of governors of Wayne

 1  state university. State University. Not more than 1 business day

 

 2  after the conclusion of the state convention, the chairperson and

 

 3  secretary of the state central committee shall forward by

 

 4  registered or certified mail to the secretary of state a copy of

 

 5  the vignette adopted by the state central committee and a

 

 6  typewritten or printed list of the names and residence, including

 

 7  the street address if known, of the candidates nominated at the

 

 8  convention for the offices specified in this section. The secretary

 

 9  of state shall forward a copy of a list received under this section

 

10  to the board of election commissioners of each county, in care of

 

11  the county clerk at the county seat.

 

12        Sec. 560a. A political party the principal candidate of which

 

13  received at the last preceding general election a vote equal to or

 

14  more than 1% of the total number of votes cast for the successful

 

15  candidate for secretary of state at the last preceding election in

 

16  which a secretary of state was elected is qualified to have its

 

17  name , party vignette, and candidates listed on the next general

 

18  election ballot.

 

19        Sec. 570. Paper ballots shall be numbered consecutively and

 

20  identified by use of the words "official primary ballot" on the

 

21  upper right hand corner upon on the front of the ballot with a

 

22  perforated line across the corner and underneath the number and

 

23  identification so that the corner with the number and

 

24  identification may be torn off. The detachable corner stub shall

 

25  serve for the several party tickets and the ballot number shall be

 

26  printed upon the stub on 1 side only. A political party designation

 

27  shall not appear upon a ballot corner so numbered and identified.

 1  After the ballots are trimmed and wrapped in sealed packages, they

 

 2  shall be distributed for use at the primary election in the same

 

 3  manner as is now provided by law for the distribution of ballots to

 

 4  be used at general elections. Ballots shall be prepared in

 

 5  substantially the following form:

 

 

 6                                       OFFICIAL PRIMARY BALLOT

 7                                              No.  ............

 8                  OFFICIAL PRIMARY ELECTION BALLOT

 9   Primary election to be held ..................... 1920......

10 in the county of ..........................................  .

11                                         ...............party.

12                                         (Vignette)

13   You cannot split your ticket. If you vote for candidates on

14 more than 1 party ticket, your ballot will be rejected.

15   Make a cross or a check mark in the square to the left of

16 not more than the number of names for each office as may be

17 indicated under the title of each office.

18 ______________________________________________________________

19             State.                         Legislative.

20 ______________________________________________________________

21            Governor.                      State Senator.

22                                      .................District.

23   Vote for not more than one.      Vote for not more than one.

24 ______________________________________________________________

25 [ ] 1 John Doe                   [ ] 7 John Doe

26 ______________________________________________________________

27 [ ] 2 Richard Roe                [ ] 8 Richard Roe

 1 ______________________________________________________________

 2 [ ]                              [ ]

 3 ______________________________________________________________

 4          Congressional.                Representative in State

 5 ________________________________             Legislature.

 6    United States Senator.....        .................District.

 7   Vote for not more than one.      Vote for not more than one.

 8 ______________________________________________________________

 9 [ ] 3 John Doe                   [ ] 9 John Doe

10 ______________________________________________________________

11 [ ] 4 Richard Roe                [ ] 10 Richard Roe

12 ______________________________________________________________

13 [ ]                              [ ]

14 ______________________________________________________________

15   Representative in Congress.               County.

16 .................... District.       Prosecuting Attorney.

17   Vote for not more than one.      Vote for not more than one.

18 ______________________________________________________________

19 [ ] 5 John Doe                   [ ] 11 John Doe

20 ______________________________________________________________

21 [ ] 6 Richard Roe                [ ] 12 Richard Roe

22 ______________________________________________________________

23 [ ]                              [ ]

24 ______________________________________________________________

 

 

25        Sec. 685. (1) The name of a candidate of a new political party

 

26  shall not be printed upon the official ballots of an election

 

27  unless the chairperson and secretary of the state central committee

 1  of the party files with the secretary of state, not later than 4

 

 2  p.m. of the one hundred-tenth day before the general November

 

 3  election, a certificate signed by the chairperson and secretary of

 

 4  the state central committee bearing the name of the party, together

 

 5  with petitions bearing the signatures of registered and qualified

 

 6  electors equal to not less than 1% of the total number of votes

 

 7  cast for all candidates for governor at the last election in which

 

 8  a governor was elected. The petitions shall be signed by at least

 

 9  100 registered electors in each of at least 1/2 of the

 

10  congressional districts of the this state. All signatures on the

 

11  petitions shall be obtained not more than 180 days immediately

 

12  before the date of filing.

 

13        (2) After the date on which a petition is filed, the secretary

 

14  of state shall not accept additional petition sheets for that

 

15  petition. The validity and authenticity of the signatures may be

 

16  determined in the same manner as provided for initiatory initiative

 

17  and referendary referendum petitions in section 9 of article II of

 

18  the state constitution of 1963. An official declaration of the

 

19  sufficiency or insufficiency of a petition filed under this section

 

20  shall be made by the board of state canvassers not later than 60

 

21  days before the general November election.

 

22        (3) The petitions shall be in substantially the following

 

23  form:

 

 

24             PETITION TO FORM NEW POLITICAL PARTY

25      We, the undersigned, duly registered electors of the

26 city, township of ................. county of  .................

27 (strike one)

 1 state of Michigan, residing at the places set opposite our

 2 names, respectfully request the secretary of state, in

 3 accordance with section 685 of the Michigan election law,

 4 1954 PA 116, MCL 168.685, to receive the certificate and

 5 vignette accompanying this petition, and place the names of

 6 the candidates of the ........................ party on the

 7 ballot at the .................... election.

 

 

 8        Warning: A person who knowingly signs petitions to organize

 

 9  more than 1 new state political party, signs a petition to organize

 

10  a new state political party more than once, or signs a name other

 

11  than his or her own is violating the provisions of the Michigan

 

12  election law.

 

 

13                                ................................

14                                ................................

15                                ................................

 

 

16        (4) The balance of the petition form shall be substantially as

 

17  set forth in section 544c. The size of all organizing petitions

 

18  shall be 8-1/2 inches by 13 inches and shall be printed in the

 

19  following type sizes: The words "petition to form new political

 

20  party" and the name of the proposed political party shall be in 24-

 

21  point boldface type; the word "warning" and the language contained

 

22  in the warning shall be in 12-point boldface type.

 

23        (5) Petitions circulated under this section may be circulated

 

24  on a countywide basis. A petition that is circulated countywide

 

25  shall be on a form prescribed by the secretary of state.

 

26        (6) If the principal candidate of a political party receives a

 1  vote equal to less than 1% of the total number of votes cast for

 

 2  the successful candidate for the office of secretary of state at

 

 3  the last preceding general November election in which a secretary

 

 4  of state was elected, that political party shall not have the name

 

 5  of any candidate printed on the ballots at the next ensuing general

 

 6  November election, and a column shall not be provided on the

 

 7  ballots for that party. A disqualified party may again qualify and

 

 8  have the names of its candidates printed in a separate party column

 

 9  on each election ballot in the manner set forth in subsection (1)

 

10  for the qualification of new parties. The term "principal

 

11  candidate" of a political party As used in this subsection,

 

12  "principal candidate of a political party" means the candidate who

 

13  receives the greatest number of votes of all candidates of that

 

14  political party for that election.

 

15        (7) A political party that complied with this section is

 

16  subject to section 686a in order to have the name of that party ,

 

17  its vignette, and its candidates appear on the general election

 

18  ballot.

 

19        (8) A person shall not knowingly sign a petition to organize

 

20  more than 1 new state political party, sign a petition to organize

 

21  a new state political party more than once, or sign a name other

 

22  than his or her own on the petition.

 

23        Sec. 696. (1) The board of election commissioners in each

 

24  county shall have the name of each candidate for federal, state,

 

25  district, county, and township offices at an election printed on 1

 

26  ballot, separate from any other ballot. The name of each candidate

 

27  of each political party shall be placed in a separate column on the

 1  ballot under the name and vignette of the party with the name of

 

 2  each candidate opposite the name of the office for which the

 

 3  candidate was certified to have been nominated.under the name of

 

 4  the office for which the candidate was certified to have been

 

 5  nominated along with the political party name under the candidate's

 

 6  name.

 

 7        (2) If, in a district that is a county or entirely within 1

 

 8  county, 2 or more candidates nominated by the same political party

 

 9  or by different political parties for the same office, or

 

10  nonpartisan candidates for the same office, have the same or

 

11  similar surnames, a candidate may file a written request with the

 

12  board of county election commissioners for a clarifying

 

13  designation. The request shall be filed not later than 3 days after

 

14  the certification of the relevant candidates. Not later than 3 days

 

15  after the filing of the request, the board of county election

 

16  commissioners shall determine whether a similarity exists and

 

17  whether a clarifying designation should be granted. In a district

 

18  located in more than 1 county, the board of state canvassers shall

 

19  make a determination whether to grant a clarifying designation upon

 

20  the written request of a candidate who is certified by the

 

21  secretary of state. The request shall be filed with the state board

 

22  of canvassers not later than 3 days after the state board of

 

23  canvassers completes the canvass of the primary election in

 

24  compliance with section 581 and the certification of nominees in

 

25  compliance with section 687. The board of state canvassers shall

 

26  make its determination not later than 3 days after the request is

 

27  filed.

 1        (3) In each instance, the determining board shall immediately

 

 2  notify each candidate for the same office as the requester that a

 

 3  request for a clarifying designation has been made and of the date,

 

 4  time, and place of the hearing. The requester and each candidate

 

 5  for the same office shall be notified of the board's determination

 

 6  by first-class mail sent within 24 hours after the final date for

 

 7  the determination. A candidate who is dissatisfied with the

 

 8  determination of the board of county election commissioners may

 

 9  file an appeal in the circuit court of the county where the board

 

10  is located. A candidate who is dissatisfied with the determination

 

11  of the board of state canvassers may file an appeal in the Ingham

 

12  county County circuit court. The appeal shall be filed within 14

 

13  days after the final date for determination by the board. The court

 

14  shall hear the matter de novo. Except as provided in subsection

 

15  (4), in the case of the same surname or of a final determination by

 

16  the board or by the court before the latest date that the board can

 

17  arrange for the ballot printing of the existence of similarity, the

 

18  board shall print the occupation, date of birth, or residence of

 

19  each of the candidates having the same or similar surnames on the

 

20  ballot or ballot labels or slips to be placed on the voting

 

21  machine, when used, under their respective names. The request may

 

22  not be made by a candidate of a political party whose candidate for

 

23  secretary of state received less than 10% of the total vote cast in

 

24  the state for all candidates for secretary of state in the most

 

25  recent November election in which a secretary of state was elected.

 

26  The term As used in this subsection, "occupation" includes a

 

27  currently held political office, even though it is not the

 1  candidate's principal occupation, but does not include reference to

 

 2  a previous position or occupation.

 

 3        (4) If there are 2 candidates with the same or similar

 

 4  surnames and 1 of the candidates is entitled to an incumbency

 

 5  designation by section 24 of article VI of the state constitution

 

 6  of 1963, no other designation shall be provided for the other

 

 7  candidate with the same or similar surname. If there are more than

 

 8  2 candidates with the same or similar surname and 1 of the

 

 9  candidates is entitled to an incumbency designation by section 24

 

10  of article VI of the state constitution of 1963, a clarifying

 

11  designation may be given to the other candidates with the same or

 

12  similar surname. Except for an incumbency designation under section

 

13  24 of article VI of the state constitution of 1963, if 2 or more

 

14  candidates with the same or similar surnames are related, the board

 

15  shall only print the residence or date of birth of each of the

 

16  candidates as a clarifying designation. As used in this subsection,

 

17  "related" means that the candidates with the same or similar

 

18  surnames are related within the third degree of consanguinity.

 

19        (5) The board of state canvassers shall issue guidelines to

 

20  ensure fairness and uniformity in the granting of designations and

 

21  may issue guidelines relating to what constitutes the same or

 

22  similar surnames. The board of state canvassers and the boards of

 

23  county election commissioners shall follow the guidelines.

 

24        Sec. 719. The election commission of each city, township, and

 

25  village shall perform such those duties relative to the

 

26  preparation, printing, and delivery of ballots as are required by

 

27  law of the boards of county election commissioners. of counties.

 1  Like duties and privileges as are enjoined and granted by this act

 

 2  upon and to the various committees of the different political

 

 3  organizations are hereby prescribed for city, village, or township

 

 4  committees in matters pertaining to any city, village, or township

 

 5  election, except that it shall not be necessary for a city,

 

 6  township or village committee of a political party or organization

 

 7  to furnish a vignette or heading for the ballots other than to

 

 8  designate the name of the party or political organization which

 

 9  they represent. In cities, villages, and townships, the names of

 

10  candidates for city, township, or village offices , as the case may

 

11  be, shall be given by the committees of the various political

 

12  organizations to the board of election commissioners of such the

 

13  city, village, or township not less than 18 days before each

 

14  election, but it shall is not be necessary for any party committee

 

15  to give to the board of election commissioners the name of any

 

16  candidate nominated at an official primary election. The proof of

 

17  the ballot shall be open to public inspection at the office of the

 

18  township, city, or village clerk , not less than 15 days before

 

19  such the election.

 

20        Enacting section 1. Sections 684 and 775 of the Michigan

 

21  election law, 1954 PA 116, MCL 168.684 and 168.775, are repealed.

 

22        Enacting section 2. Section 685 of the Michigan election law,

 

23  1954 PA 116, MCL 168.685, as amended by this amendatory act, takes

 

24  effect January 1, 2017.