Bill Text: MI HB5737 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Elections; precinct delegates; filing deadline for write-in candidates for precinct delegate; modify. Amends sec. 737a of 1954 PA 116 (MCL 168.737a).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-09-09 - Printed Bill Filed 08/28/2014 [HB5737 Detail]
Download: Michigan-2013-HB5737-Introduced.html
HOUSE BILL No. 5737
August 27, 2014, Introduced by Rep. Darany and referred to the Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 737a (MCL 168.737a), as amended by 2012 PA 276.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
737a. (1) Except as otherwise provided in this section,
subsection (2), the board of election inspectors shall not count a
write-in vote for a person unless that person has filed a
declaration of intent to be a write-in candidate as provided in
this
section. subsection. The write-in candidate shall file the
declaration of intent to be a write-in candidate with the filing
official for that elective office on or before 4 p.m. on the second
Friday immediately before the election. The secretary of state,
immediately after the 4 p.m. filing deadline under this subsection,
shall prepare and have delivered a list of all persons who have
filed a declaration of intent to be a write-in candidate under this
subsection, if any, to the appropriate county clerks. A filing
official other than the secretary of state who receives a
declaration of intent to be a write-in candidate or list of persons
who filed a declaration of intent from another filing official
under this subsection shall prepare and have delivered a list of
all persons who have filed a declaration of intent to be a write-in
candidate to the board of election inspectors in the appropriate
precincts before the close of the polls on election day.
(2) If a candidate whose name is printed on the official
ballot for the election dies or is otherwise disqualified after 4
p.m. on the second Friday immediately before the election, the
requirement of filing a declaration of intent to be a write-in
candidate under subsection (1) does not apply to a write-in
candidate. If a death or disqualification has occurred as described
in this subsection, the board of election inspectors shall count
all write-in votes for write-in candidates for the office sought by
the deceased or disqualified candidate.
(3)
Subsections (1) and (2) do not apply to a write-in
candidate
for precinct delegate. The board of election inspectors
shall
not count a write-in vote for a write-in candidate for
precinct
delegate unless that candidate has filed a declaration of
intent
to be a write-in candidate as provided in this subsection. A
write-in
candidate for precinct delegate shall file a declaration
of
intent to be a write-in candidate with the appropriate city or
township
clerk for that precinct on or before 4 p.m. on the Friday
immediately
before the election or with the board of election
inspectors
in the appropriate precinct before the close of the
polls
on election day. A city or township clerk who receives a
declaration
of intent to be a write-in candidate from a write-in
candidate
for precinct delegate under this subsection shall prepare
and
have delivered a list of all persons who have filed a
declaration
of intent to be a write-in candidate to the board of
election
inspectors in the appropriate precincts before the close
of
the polls on election day.
(3) (4)
The secretary of state shall
prescribe forms for the
declaration of intent to be a write-in candidate. Clerks shall
maintain a supply of declaration of intent to be a write-in
candidate
forms in the clerk's office. and make the forms available
in
the polling places during the August primary for this purpose.
The declaration of intent to be a write-in candidate form shall
include all of the following information:
(a) The name of the person intending to be a write-in
candidate.
(b) The elective office that the person seeks as a write-in
candidate.
(c) The residence address of the person seeking elective
office as a write-in candidate.
(d) Other information the secretary of state considers
appropriate.
