Bill Text: MI HB5744 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Elections; scheduling; May regular election and August regular election; eliminate and replace with March regular election and June regular election. Amends secs. 3, 52, 53, 92, 93, 132, 133, 162, 163, 192, 193, 223, 224, 253, 254, 322, 345, 349, 370, 409a, 412, 426a, 426c, 426d, 432, 433, 467a, 534, 535, 551, 559, 591, 592, 598, 611, 623a, 641, 642, 642a, 644f, 686a, 737a, 821, 963 & 970e of 1954 PA 116 (MCL 168.3 et seq.).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-06-09 - Bill Electronically Reproduced 06/08/2016 [HB5744 Detail]

Download: Michigan-2015-HB5744-Introduced.html

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HOUSE BILL No. 5744

June 8, 2016, Introduced by Rep. Nesbitt and referred to the Committee on Elections.

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 3, 52, 53, 92, 93, 132, 133, 162, 163, 192,

 

193, 223, 224, 253, 254, 322, 345, 349, 370, 409a, 412, 426a, 426c,

 

426d, 432, 433, 467a, 534, 535, 551, 559, 591, 592, 598, 611, 623a,

 

641, 642, 642a, 644f, 686a, 737a, 821, 963, and 970e (MCL 168.3,

 

168.52, 168.53, 168.92, 168.93, 168.132, 168.133, 168.162, 168.163,

 

168.192, 168.193, 168.223, 168.224, 168.253, 168.254, 168.322,

 

168.345, 168.349, 168.370, 168.409a, 168.412, 168.426a, 168.426c,

 

168.426d, 168.432, 168.433, 168.467a, 168.534, 168.535, 168.551,

 

168.559, 168.591, 168.592, 168.598, 168.611, 168.623a, 168.641,

 

168.642, 168.642a, 168.644f, 168.686a, 168.737a, 168.821, 168.963,

 

and 168.970e), sections 3 and 821 as amended by 2003 PA 302,

 

sections 53, 93, 133, 163, 193, 224, 254, 349, 426d, 433, 551, and

 

737a as amended by 2012 PA 276, section 322 as amended by 2015 PA

103, section 370 as amended by 2014 PA 94, section 426c as amended

 

by 2013 PA 51, section 467a as amended by 1981 PA 4, sections 534,

 

592, 598, and 623a as amended by 1988 PA 116, section 591 as

 

amended by 2012 PA 128, section 611 as amended by 1996 PA 583,

 

section 641 as amended by 2015 PA 197, section 642 as amended by

 

2015 PA 100, section 642a as amended by 2012 PA 523, section 644f

 

as amended by 2015 PA 43, section 686a as amended by 1999 PA 216,

 

section 963 as amended by 2015 PA 99, and section 970e as amended

 

by 2015 PA 102.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. As used in this act:

 

     (a) "Locked and sealed" is defined in section 14.

 

     (b) "Major political party" is defined in section 16.

 

     (c) "Metal seal" or "seal" is defined in section 14a.

 

     (d) "Name that was formally changed" means a name changed by a

 

proceeding under chapter XI of the probate code of 1939, 1939 PA

 

288, MCL 711.1 to 711.3, or former 1915 PA 314, or through a

 

similar, statutorily sanctioned procedure under the law of another

 

state or country.

 

     (e) "Odd year general election" means the election held on the

 

November regular election date in an odd numbered year.

 

     (f) "Odd year primary election" means the election held on the

 

August June regular election date in an odd numbered year.

 

     (g) "Primary" or "primary election" is defined in section 7.

 

     (h) "Qualified elector" is defined in section 10.

 

     (i) "Qualified voter file" is defined in section 509m.

 

     (j) "Regular election" means an election held on a regular

election date to elect an individual to, or nominate an individual

 

for, elective office in the regular course of the terms of that

 

elective office.

 

     (k) "Regular election date" means 1 of the dates established

 

as a regular election date in section 641.

 

     (l) "Residence" is defined in section 11.

 

     Sec. 52. A general primary election of all political parties

 

shall be held in every election precinct in this state on the

 

Tuesday succeeding after the first Monday in August preceding June

 

before every general November election in which a governor is to be

 

elected, at which time the qualified and registered electors of

 

each political party shall vote for party candidates for the office

 

of governor. This section shall does not apply to parties required

 

to nominate candidates at caucuses or conventions.

 

     Sec. 53. To obtain the printing of the name of a person as a

 

candidate for nomination by a political party for the office of

 

governor under a particular party heading upon on the official

 

primary ballots, there shall be filed with the secretary of state

 

nominating petitions signed by a number of qualified and registered

 

electors residing in this state as determined under section 544f.

 

Nominating petitions shall be signed by at least 100 registered

 

resident electors in each of at least 1/2 of the congressional

 

districts of the state. Nominating petitions shall be in the form

 

as prescribed in section 544c. Until December 31, 2013, nominating

 

petitions shall be received by the secretary of state for filing in

 

accordance with this act up to 4 p.m. of the twelfth Tuesday before

 

the August primary. Beginning January 1, 2014, nominating

Nominating petitions shall be received by the secretary of state

 

for filing in accordance with this act up to 4 p.m. of the

 

fifteenth Tuesday before the August June primary.

 

     Sec. 92. A general primary election of all political parties

 

shall be held in every election precinct in this state on the

 

Tuesday succeeding after the first Monday in August preceding June

 

before every general November election, at which time the qualified

 

and registered electors of each political party may vote for a

 

party candidate for the office of United States senator, to be

 

filled at said the election. : Provided, That this This section

 

shall does not apply to parties required to nominate candidates at

 

caucuses or conventions. : Provided further, That no A nomination

 

for the office of United States senator shall not be made unless

 

such the official is to be elected at the next succeeding general

 

November election.

 

     Sec. 93. In order for the name of a person as a candidate for

 

nomination by a political party for the office of United States

 

senator to appear under a particular party heading on the official

 

primary ballot, a nominating petition shall be filed with the

 

secretary of state. The nominating petition shall have been signed

 

by a number of qualified and registered electors residing within

 

this state as determined under section 544f. The nominating

 

petition shall be signed by at least 100 qualified and registered

 

electors in each of at least 1/2 of the congressional districts of

 

this state. Nominating petitions shall be in the form as prescribed

 

in section 544c. Until December 31, 2013, the nominating petition

 

shall be filed with the secretary of state no later than 4 p.m. of

the twelfth Tuesday before the August primary. Beginning January 1,

 

2014, the The nominating petition shall be filed with the secretary

 

of state no later than 4 p.m. of the fifteenth Tuesday before the

 

August June primary.

 

     Sec. 132. A general primary election of all political parties

 

shall be held in every election precinct in this state on the

 

Tuesday succeeding after the first Monday in August preceding June

 

before every general November election, at which time the qualified

 

and registered electors of each political party within every

 

congressional district shall vote for party candidates for the

 

office of representative in congress Congress to be filled at said

 

the election. : Provided, That this This section shall does not

 

apply to parties required to nominate candidates at caucuses or

 

conventions.

 

     Sec. 133. In order for the name of a person as a candidate for

 

nomination by a political party for the office of representative in

 

congress Congress to appear under a particular party heading on the

 

official primary ballot in the election precincts of a

 

congressional district, a nominating petition shall have been

 

signed by a number of qualified and registered electors residing in

 

the district as determined under section 544f. Until December 31,

 

2013, if the congressional district comprises more than 1 county,

 

the nominating petition shall be filed with the secretary of state

 

no later than 4 p.m. of the twelfth Tuesday before the August

 

primary. Beginning January 1, 2014, if If the congressional

 

district comprises more than 1 county, the nominating petition

 

shall be filed with the secretary of state no later than 4 p.m. of

the fifteenth Tuesday before the August June primary. Until

 

December 31, 2013, if the congressional district is within 1

 

county, the nominating petition shall be filed with the county

 

clerk of that county no later than 4 p.m. of the twelfth Tuesday

 

before the August primary. Beginning January 1, 2014, if If the

 

congressional district is within 1 county, the nominating petition

 

shall be filed with the county clerk of that county no later than 4

 

p.m. of the fifteenth Tuesday before the August June primary.

 

Nominating petitions shall be in the form as prescribed in section

 

544c.

 

     Sec. 162. A general primary election of all political parties

 

shall be held in every election precinct in this state on the

 

Tuesday succeeding after the first Monday in August preceding June

 

before every general November election, at which time the qualified

 

and registered electors of each political party within every

 

senatorial district and every representative district shall vote

 

for party candidates for the offices of state senator and

 

representative, to be filled at the November election. : Provided,

 

That this This section shall does not apply to parties required to

 

nominate candidates at caucuses or conventions.

 

     Sec. 163. (1) To obtain the printing of the name of a person

 

as a candidate for nomination by a political party for the office

 

of state senator or representative under a particular party heading

 

upon the official primary ballots in the various election precincts

 

of a district, there shall be filed nominating petitions signed by

 

a number of qualified and registered electors residing in the

 

district as determined under section 544f. If the district

comprises more than 1 county, the nominating petitions shall be

 

filed with the secretary of state. If the district comprises 1

 

county or less, the nominating petitions shall be filed with the

 

county clerk of that county. Nominating petitions shall be in the

 

form prescribed in section 544c. Until December 31, 2013, the

 

secretary of state and the various county clerks shall receive

 

nominating petitions for filing in accordance with this act up to 4

 

p.m. of the twelfth Tuesday before the August primary. Beginning

 

January 1, 2014, the The secretary of state and the various county

 

clerks shall receive nominating petitions for filing in accordance

 

with this act up to 4 p.m. of the fifteenth Tuesday before the

 

August June primary.

 

     (2) In lieu of filing a nominating petition, a filing fee of

 

$100.00 may be paid to the county clerk or, for a candidate in a

 

district comprising more than 1 county, to the secretary of state.

 

Payment of the fee and certification of the name of the candidate

 

paying the fee shall be governed by the same provisions as in the

 

case of nominating petitions. The fee shall be deposited in the

 

general fund of the county and shall be refunded to candidates who

 

are nominated and to an equal number of candidates who receive the

 

next highest number of votes in the primary election. If 2 or more

 

candidates tie in having the lowest number of votes allowing a

 

refund, the sum of $100.00 shall be divided among them. A refund of

 

a deposit shall not be made to a candidate who withdraws as a

 

candidate.

 

     Sec. 192. A general primary election of all political parties

 

shall be held in every county of this state on the Tuesday

succeeding after the first Monday in August preceding June before

 

the general November election at which the officers named in

 

section 191 of this act are to be elected, at which time the

 

qualified and registered electors of each political party may vote

 

for party candidates for the offices. This section shall does not

 

apply to parties required to nominate candidates at caucuses or

 

conventions.

 

     Sec. 193. (1) To obtain the printing of the name of a person

 

as a candidate for nomination by a political party for an office

 

named in section 191 under a particular party heading upon on the

 

official primary ballots, there shall 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 shall be in the form prescribed

 

in section 544c. Until December 31, 2013, the county clerk shall

 

receive nominating petitions up to 4 p.m. of the twelfth Tuesday

 

before the August primary. Beginning January 1, 2014, the The

 

county clerk shall receive nominating petitions up to 4 p.m. of the

 

fifteenth Tuesday before the August June primary.

 

     (2) To obtain the printing of the name of a candidate of a

 

political party under the particular party's heading upon on the

 

primary election ballots in the various voting precincts of the

 

county, there may be filed by the candidate, in lieu of filing

 

nomination petitions, a filing fee of $100.00 to be paid to the

 

county clerk. Payment of the fee and certification of the

 

candidate's name paying the fee shall be governed by the same

 

provisions as in the case of nominating petitions. The fee shall be

deposited in the general fund of the county and shall be refunded

 

to candidates who are nominated and to an equal number of

 

candidates who receive the next highest number of votes in the

 

primary election. If 2 or more candidates tie in having the lowest

 

number of votes allowing a refund, the sum of $100.00 shall be

 

divided among them. The deposits of all other defeated candidates,

 

as well as the deposits of candidates who withdraw or are

 

disqualified, shall be forfeited and the candidates shall be

 

notified of the forfeiture. Deposits forfeited under this section

 

shall be paid into and credited to the general fund of the county.

 

     Sec. 223. A primary of all political parties shall be held on

 

the Tuesday succeeding after the first Monday in August preceding

 

June before the general November election in the year 1956 2020 and

 

every fourth year thereafter, at which time the qualified and

 

registered electors of each political party may vote for party

 

candidates for nomination for the office of county auditor. A

 

primary of all political parties shall be held on the third Monday

 

in February preceding the general April election in the year 1957

 

and every fourth year thereafter, and in the year 1959 and every

 

fourth year thereafter, at which time the qualified and registered

 

electors of each political party may vote for party candidates for

 

nomination for the office of county auditor: Provided, That this

 

This section shall does not apply to parties required to nominate

 

candidates at conventions.

 

     Sec. 224. (1) To obtain the printing of the name of a person

 

as candidate for nomination by a political party for the office of

 

county auditor under a particular party heading upon on the

official primary ballots, there shall 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 shall be in the form prescribed

 

in section 544c. Until December 31, 2013, the county clerk shall

 

receive nominating petitions up to 4 p.m. of the twelfth Tuesday

 

before the August primary. Beginning January 1, 2014, the The

 

county clerk shall receive nominating petitions up to 4 p.m. of the

 

fifteenth Tuesday before the August June primary.

 

     (2) To obtain the printing of the name of the candidate of a

 

political party under the particular party's heading upon on the

 

primary election ballots in the various voting precincts of the

 

county, there may be filed by the candidate, in lieu of filing

 

nominating petitions, a filing fee of $100.00 to be paid to the

 

county clerk. Payment of the fee and certification of the name of

 

the candidate paying the fee shall be governed by the same

 

provisions as in the case of nominating petitions. The fee shall be

 

deposited in the general fund of the county and shall be refunded

 

to candidates who are nominated and to an equal number of

 

candidates who received the next highest number of votes in the

 

primary election. If 2 or more candidates tie in having the lowest

 

number of votes allowing a refund, the sum of $100.00 shall be

 

divided among them. The deposits of all other defeated candidates

 

and of candidates who withdraw or are disqualified shall be

 

forfeited and the candidates shall be notified of the forfeitures.

 

Deposits forfeited under this section shall be paid into and

 

credited to the general fund of the county.

     Sec. 253. A general primary election of all political parties

 

shall be held on the Tuesday succeeding after the first Monday in

 

August preceding June before every general November election in

 

which county road commissioners are elected, at which time the

 

qualified and registered electors of each political party may vote

 

for party candidates for the office of county road commissioner.

 

     Sec. 254. (1) To obtain the printing of the name of a person

 

as a candidate for nomination by a political party for the office

 

of county road commissioner under a particular party heading upon

 

on the official primary ballots, there shall be filed with the

 

county clerk of the county nominating petitions signed by a number

 

of qualified and registered electors residing within the county as

 

determined under section 544f. Nominating petitions shall be in the

 

form prescribed in section 544c. Until December 31, 2013, the

 

county clerk shall receive nominating petitions up to 4 p.m. of the

 

twelfth Tuesday before the August primary in which county road

 

commissioners are to be elected. Beginning January 1, 2014, the The

 

county clerk shall receive nominating petitions up to 4 p.m. of the

 

fifteenth Tuesday before the August June primary in which county

 

road commissioners are to be elected.

 

     (2) To obtain the printing of the name of a candidate of a

 

political party under the particular party's heading upon on the

 

primary election ballots in the various voting precincts of the

 

county, there may be filed by each candidate, in lieu of filing

 

nominating petitions, a filing fee of $100.00 to be paid to the

 

county clerk. Payment of the fee and certification of the name of

 

the candidate paying the fee shall be governed by the same

provisions as in the case of nominating petitions. The fee shall be

 

deposited in the general fund of the county and shall be returned

 

to all candidates who are nominated and to an equal number of

 

candidates who received the next highest number of votes in the

 

primary election. If 2 or more candidates tie in having the lowest

 

number of votes allowing a refund, the sum of $100.00 shall be

 

divided among them. The deposits of all other defeated candidates,

 

as well as the deposits of candidates who withdraw or are

 

disqualified, shall be forfeited and the candidates shall be

 

notified of the forfeitures. Deposits forfeited under this section

 

shall be paid into and credited to the general fund of the county.

 

     Sec. 322. If a charter city provides for nomination by caucus

 

or by filing a petition or affidavit directly for the May March

 

election, the candidate filing deadline or certification deadline

 

is 4 p.m. on the fifteenth Tuesday before the May March election.

 

     Sec. 345. A primary of all political parties shall be held in

 

every organized township of this state on the Tuesday succeeding

 

after the first Monday in August preceding June before every

 

general November election, at which time the qualified and

 

registered electors of each political party may vote for party

 

candidates for township offices.

 

     Sec. 349. (1) To obtain the printing of the name of a person

 

as a candidate for nomination by a political party for a township

 

office under the particular party heading upon on the official

 

primary ballots, there shall be filed with the township clerk

 

nominating petitions signed by a number of qualified and registered

 

electors residing within the township as determined under section

544f. Nominating petitions shall be in the form prescribed in

 

section 544c. Until December 31, 2013, the township clerk shall

 

receive nominating petitions up to 4 p.m. of the twelfth Tuesday

 

before the August primary. Beginning January 1, 2014, the The

 

township clerk shall receive nominating petitions up to 4 p.m. of

 

the fifteenth Tuesday before the August June primary.

 

     (2) Within 4 days after the last day for filing nominating

 

petitions, the township clerk shall deliver to the county clerk a

 

list setting forth the name, address, and political affiliation and

 

office sought of each candidate who has qualified for a position on

 

the primary ballot.

 

     Sec. 370. (1) Except as provided in section 370a or subsection

 

(2), if a vacancy occurs in an elective or appointive township

 

office, the vacancy shall be filled by appointment by the township

 

board, and the person appointed shall hold the office for the

 

remainder of the unexpired term.

 

     (2) If 1 or more vacancies occur in an elective township

 

office that cause the number of members serving on the township

 

board to be less than the minimum number of board members that is

 

required to constitute a quorum for the transaction of business by

 

the board, the board of county election commissioners shall make

 

temporary appointment of the number of members required to

 

constitute a quorum for the transaction of business by the township

 

board. An official appointed under this subsection shall hold the

 

office only until the official's successor is elected or appointed

 

and qualified. An official who is temporarily appointed under this

 

subsection shall not vote on the appointment of himself or herself

to an elective or appointive township office.

 

     (3) If a township official submits a written resignation from

 

an elective township office, for circumstances other than a

 

resignation related to a recall election, that specifies a date and

 

time when the resignation is effective, the township board, within

 

30 days before that effective date and time, may appoint a person

 

to fill the vacancy at the effective date and time of the

 

resignation. The resigning official shall not vote on the

 

appointment.

 

     (4) Except as provided in subsection (5), if the township

 

board does not make an appointment under subsection (3), or if a

 

vacancy occurs in an elective township office and the vacancy is

 

not filled by the township board or the board of county election

 

commissioners within 45 days after the beginning of the vacancy,

 

the county clerk of the county in which the township is located

 

shall call a special election within 5 calendar days to fill the

 

vacancy. Not later than 4 p.m. on the fifteenth calendar day after

 

the county clerk calls a special election under this section, the

 

township party committee for each political party in the township

 

shall submit a nominee to fill the vacancy. The special election

 

shall be held on the next regular election date that is not less

 

than 60 days after the deadline for submitting nominees under this

 

section or 70 days after the deadline for submitting nominees under

 

this section if the next regular election date is the even year

 

August June primary or the general November election. Notice of the

 

special election shall be given in the same manner required by

 

section 653a. A special election called under this section does not

affect the rights of a qualified elector to register for any other

 

election. A person elected to fill a vacancy shall serve for the

 

remainder of the unexpired term.

 

     (5) Subsection (4) does not apply to the office of township

 

constable. If a vacancy occurs in the office of township constable,

 

the township board shall determine if and when the vacancy shall be

 

filled by appointment. If the township board does not fill the

 

vacancy by appointment, the office of township constable shall

 

remain vacant until the next general or special election in which

 

township offices are filled.

 

     Sec. 409a. A general nonpartisan primary election shall be

 

held in every appellate court district of this state on the Tuesday

 

succeeding after the first Monday in August preceding June 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 petitions 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

 

to be elected, then the secretary of state shall certify to the

 

county board or boards of election commissioners the names of such

 

the 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 the nominees for judge of

 

the court of appeals and shall be so certified. As to such that

office, there shall not be no a primary election and this office

 

shall be omitted from the judicial primary ballot.

 

     Sec. 412. A general nonpartisan primary election shall be held

 

in every county of this state on the Tuesday succeeding after the

 

first Monday in August prior to June 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 petitions or 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 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 petitions

 

or affidavits have been properly filed, and such the candidate

 

shall be the nominee for the judge of the circuit court and shall

 

be so certified. As to such that office, there shall not be no a

 

primary election and this office shall be omitted from the judicial

 

primary ballot.

 

     Sec. 426a. In every city having a municipal court of record

 

having general criminal jurisdiction over felonies and having a

 

population of 1,000,000 600,000 or more, candidates for the office

 

of a judge of the municipal court shall be nominated at the August

 

June primary for state offices and elected at the general election

 

in even years.

 

     Sec. 426c. (1) A general nonpartisan primary election shall be

held in every municipality described in section 426a on the Tuesday

 

after the first Monday in August June before a general November

 

election.

 

     (2) At the general nonpartisan primary election, judges of the

 

municipal courts of record are to be elected and the qualified and

 

registered voters may vote for nonpartisan candidates for the

 

office of judge of the municipal court of record.

 

     (3) If upon the expiration of the time for filing petitions

 

for the primary election of the municipal judge or judges in any

 

municipality there are not to exceed twice the number of candidates

 

than persons to be elected, then the city clerk shall certify

 

through the board of county canvassers the names of the candidates

 

for judge of the municipal court of record whose petitions have

 

been properly filed. These candidates shall be the certified

 

nominees for judges of the municipal court of record. In addition,

 

there shall not be a primary election for this office, and it shall

 

be omitted from the official primary ballot.

 

     Sec. 426d. (1) To obtain the printing of the name of a person

 

on the ballot as a candidate for the office of judge of the

 

municipal court of record, there shall be filed with the city clerk

 

nominating petitions containing the signatures, addresses, and

 

dates of signing of a number of qualified and registered electors

 

residing in that city as determined under section 544f. Until

 

December 31, 2013, the city clerk shall receive nominating

 

petitions up to 4 p.m. of the fourteenth Tuesday before the August

 

primary. Beginning January 1, 2014, the The city clerk shall

 

receive nominating petitions up to 4 p.m. of the fifteenth Tuesday

before the August June primary. The provisions of sections 544a and

 

544b apply.

 

     (2) An incumbent judge of the municipal court of record may

 

become a candidate in the primary election for the office of which

 

the judge is the incumbent by filing, with the city clerk, an

 

affidavit of candidacy not less than 134 days before the date of

 

the primary election. The affidavit of candidacy shall contain

 

statements that the affiant is an incumbent judge of the municipal

 

court of record, is domiciled within the city, 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 municipal court of record.

 

     (3) 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 426k(3):

 

     (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.

 

     (4) A person who files nominating petitions for election to

 

more than 1 municipal court of record judgeship shall have 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 (3) 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 before the affidavit of candidacy filing deadline may be

 

filed with the nonincumbent nominating petitions.

 

     Sec. 432. A general nonpartisan primary election shall be held

 

in every county of this state on the Tuesday succeeding after the

 

first Monday in August preceding June 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 petitions or 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 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 petitions have been properly

filed, and such the candidate shall be the nominee for the judge of

 

probate and shall be so certified. As to such that office, there

 

shall not be no a primary election and this office shall be omitted

 

from the judicial primary ballot.

 

     Sec. 433. (1) Except as otherwise provided in this subsection,

 

to obtain the printing of the name of a person as a candidate for

 

nomination for the office of judge of probate upon on the official

 

nonpartisan primary ballots, there shall 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

 

according to section 433a. In the case of a probate court district,

 

to obtain the printing of the name of a person as a candidate for

 

nomination for the office of judge of probate upon on the official

 

nonpartisan primary ballots, there shall 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

 

according to section 433a. Until December 31, 2013, 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

 

fourteenth Tuesday before the August primary. Beginning January 1,

 

2014, the 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 June

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 who files nominating petitions for election to

 

more than 1 probate judgeship shall have 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 shall 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 shall 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 shall 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 shall 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 pursuant to this

 

section are subject to challenge as provided in section 552.

 

     Sec. 467a. Except as provided in section 467n, a general

 

nonpartisan primary election shall be held in every district and

 

election division of this state on the Tuesday succeeding after the

 

first Monday in August prior to June 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 petitions 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 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 petitions or affidavits of candidacy have been properly filed

 

and those candidates shall be the nominees for the judge of the

 

district court and shall be so certified. As to that office, there

 

shall not be a primary election and this office shall be omitted

 

from the judicial primary ballot.

 

     Sec. 534. A general primary of all political parties except as

 

provided in sections 532 and 685 shall be held in every election

 

precinct in this state on the Tuesday after the first Monday in

 

August June before every general November election, at which time

 

the qualified and registered voters of each political party may

 

vote for party candidates for the office of governor, United States

 

senator, representative in congress, Congress, state senator,

 

representative in the legislature, county executive, prosecuting

 

attorney, sheriff, county clerk, county treasurer, register of

 

deeds, county auditor, drain commissioner, public works

 

commissioner, county road commissioner, county mine inspector,

 

surveyor, and candidates for office in townships. A nomination for

 

an office shall be made only if the official is to be elected at

 

the next succeeding general November election.

 

     Sec. 535. A general primary shall be held in every election

 

precinct in this state on the Tuesday succeeding after the first

 

Monday in August preceding June before every general November

 

election, at which time the qualified and registered voters may

vote for nonpartisan candidates for the office of judge of the

 

court of appeals, judge of the circuit court, judge of probate, and

 

for circuit court commissioner in the years in which such those

 

officers are to be elected.

 

     Sec. 551. Until December 31, 2013, the secretary of state and

 

the various county, township, and city clerks shall receive

 

nominating petitions or filing fees filed under this act up to 4

 

p.m., eastern standard time, of the twelfth Tuesday before the

 

August primary. Beginning January 1, 2014, the The secretary of

 

state and the various county, township, and city clerks shall

 

receive nominating petitions or filing fees filed under this act up

 

to 4 p.m., eastern standard time, of the fifteenth Tuesday before

 

the August June primary. The provisions of this section do not

 

apply to a city that does not nominate its officers under the

 

provisions of this act.

 

     Sec. 559. It shall be is the duty of the board of election

 

commissioners of each county in this state to prepare and furnish

 

the necessary official primary election ballots, except for city

 

offices, which that may be required for use by the electors of any

 

political party at the August June primary.

 

     Sec. 591. (1) Except as provided in subsection (2) and section

 

532, the state convention of all political parties for the

 

nomination of candidates for state offices in the even numbered

 

years shall commence not less than 60 days before the general

 

November election. The date, time, and location of the state

 

convention shall be designated by the state central committees of

 

the various political parties in their call for a state convention.

The calls shall be issued at least 60 days before the August June

 

primaries.

 

     (2) In 2012 only, the state convention of all political

 

parties for the nomination of candidates for state offices shall

 

commence not less than 58 days before the general November

 

election. The date, time, and location of the state convention

 

shall be designated by the state central committees of the various

 

political parties in their call for a state convention. The calls

 

shall be issued at least 60 days before the August primaries.

 

     Sec. 592. (1) Except as provided in section 532, the county

 

conventions of all political parties for the election of delegates

 

to a state convention for the nomination of state officers in the

 

even numbered years shall be held not less than 8 days nor more

 

than 25 days after the August June primaries.

 

     (2) All county conventions of a political party shall be held

 

on the same day throughout the state. The date shall be designated

 

by the state central committee of a political party in its call for

 

the state convention. The place and hour of meeting of a county

 

convention shall be designated in the call issued by the county

 

committee of the political party in the county, which call shall be

 

issued not less than 45 days before the August June primaries. The

 

number of delegates to the state convention to which the political

 

party in the county is entitled shall be chosen at the county

 

convention.

 

     (3) In all counties having or which that may hereafter have 2

 

or more congressional districts or parts of congressional districts

 

within the boundaries of the county, the congressional districts or

a part of a congressional district within the counties shall each

 

be considered a county within the provisions of this section for

 

the holding of the county conventions provided for in this section,

 

and shall be in place of the county convention. The nominee for

 

congress Congress of the congressional district in the preceding

 

primary election, the county chairperson, and the county secretary

 

of the several political parties shall constitute a committee in

 

each congressional district to name the temporary chairperson of

 

the first district convention held under this act. Thereafter, the

 

district chairperson shall act as temporary chairperson. The

 

convention shall organize the same as county conventions and shall

 

elect delegates to the state convention. The chairperson and

 

secretary of the convention shall certify to the state central

 

committee the names and addresses of the delegates elected, and,

 

when certified, those delegates shall become the delegates from the

 

district to the state convention.

 

     Sec. 598. (1) The state central committee of each political

 

party shall, at least 60 days before the August June primary,

 

forward by mail to the chairperson of each county committee of the

 

political party a copy of the call for the fall state convention of

 

the political party, showing the number of delegates to which each

 

county is entitled in the state convention of the political party.

 

The state central committee shall apportion the delegates to the

 

several counties in proportion to the number of votes cast for the

 

candidate of the party for secretary of state in each county,

 

respectively, at the last preceding November general election.

 

     (2) In addition to the number of delegates allocated to each

county under subsection (1), the state central committees shall

 

allocate an additional number of delegates equal to the number of

 

incumbent legislators nominated by their party and residing in the

 

county.

 

     Sec. 611. (1) In the year 1956, and each fourth year after

 

1956, delegates of each political party who were elected to the

 

last prior fall county convention shall reconvene in a county

 

convention. The county conventions, when so convened, shall elect

 

delegates to a state convention. The number of delegates elected

 

shall be the same as the number elected to the last prior spring

 

state convention. The county conventions shall be held at least 90

 

days prior to before the time set for the holding of the national

 

convention of its political party. All county conventions shall be

 

held on the same day and time. The time and place shall be fixed by

 

the state central committee. A state convention composed of

 

delegates elected by the respective county conventions shall be

 

held in the year 1956, and each fourth year after 1956, at least 60

 

days before the holding of the national convention of its political

 

party.

 

     (2) As used in this section:

 

     (a) "Delegates of each political party who were elected to the

 

last prior fall county convention" means precinct delegates elected

 

at the last prior August June primary election, persons nominated

 

as candidates for county offices and state legislative offices who

 

are delegates at large to county conventions under section 599(5),

 

and delegates elected under section 622 or 624d to fill a precinct

 

delegate vacancy for the balance of an unexpired term.

     (b) "Persons nominated as candidates for county offices and

 

state legislative offices who are delegates at large to county

 

conventions under section 599(5)" means incumbent county officials,

 

incumbent state legislators, and unsuccessful candidates for county

 

offices and state legislative offices who are candidates at the

 

last prior regular or special election held for the respective

 

office.

 

     (3) Delegates to a state convention shall include only those

 

delegates elected at a county convention.

 

     Sec. 623a. (1) On or before April 1 in even numbered years,

 

the chairperson of the county committee or district committee of a

 

congressional district or a part of a congressional district

 

considered a county under section 592 of each political party shall

 

forward by mail or otherwise deliver to the board of election

 

commissioners in that county a certificate showing the number of

 

delegates to the county convention to which each precinct of the

 

county is entitled. The chairperson of the state central committee

 

of a political party shall notify the chairperson of the county

 

committee or district committee of a congressional district or a

 

part of a congressional district considered a county under section

 

592 of that political party no later than March 1 in even numbered

 

years that the certificate required by this subsection is to be

 

delivered to the board of election commissioners on or before April

 

1 of that year.

 

     (2) If the chairperson fails to forward the certificate

 

required by subsection (1) by the day specified, the board of

 

election commissioners shall immediately determine the number of

delegates to the county convention that each precinct should elect

 

for the implementation of this act.

 

     (3) The allotment of delegates to all precincts in the state

 

shall be made to insure, as near as is practicable, equal

 

apportionment based upon the total vote cast for the candidate of

 

each political party for either president of the United States or

 

secretary of state at the last general November election when

 

elections for those offices were held, whichever is later. However,

 

each precinct shall have at least 1 delegate.

 

     (4) The apportionment shall be based on the precincts as they

 

exist 180 days before the August June primary election in even

 

numbered years.

 

     (5) As many delegates in each precinct as a political party is

 

entitled to according to the certificate authorized by the

 

chairperson of the county committee or the board of election

 

commissioners shall be elected at the August June primary in even

 

numbered years by direct vote of the registered electors of each

 

political party in the county.

 

     Sec. 641. (1) Except as otherwise provided in this section, an

 

election held under this act shall be held on 1 of the following

 

regular election dates:

 

     (a) The May March regular election date, which is the first

 

Tuesday after the first Monday in May.March. However, in each

 

presidential election year when a statewide presidential primary is

 

held under section 613a, the March regular election date is the

 

second Tuesday in March.

 

     (b) The August June regular election date, which is the first

Tuesday after the first Monday in August.June.

 

     (c) The November regular election date, which is the first

 

Tuesday after the first Monday in November.

 

     (d) In each presidential election year when a statewide

 

presidential primary election is held, the date of the statewide

 

presidential primary election as provided in section 613a.

 

     (2) If an elective office is listed by name in section 643,

 

requiring the election for that office to be held at the general

 

election, and if candidates for the office are nominated at a

 

primary election, the primary election shall be held on the August

 

June regular election date.

 

     (3) Except as otherwise provided in this subsection and

 

subsection (4), a special election shall be held on a regular

 

election date. A special election called by the governor under

 

section 145, 178, 632, 633, or 634 to fill a vacancy or called by

 

the legislature to submit a proposed constitutional amendment as

 

authorized in section 1 of article XII of the state constitution of

 

1963 may, but is not required to be, held on a regular election

 

date.

 

     (4) A school district may call a special election to submit a

 

ballot question to borrow money, increase a millage, or establish a

 

bond if an initiative petition is filed with the county clerk. The

 

petition shall be signed by a number of qualified and registered

 

electors of the district equal to not less than 10% of the electors

 

voting in the last gubernatorial election in that district or 3,000

 

signatures, whichever number is lesser. Section 488 applies to a

 

petition to call a special election for a school district under

this section. In addition to the requirements set forth in section

 

488, the proposed date of the special election shall appear beneath

 

the petition heading, and the petition shall clearly state the

 

amount of the millage increase or the amount of the loan or bond

 

sought and the purpose for the millage increase or the purpose for

 

the loan or bond. The petition shall be filed with the county clerk

 

by 4 p.m. of the twelfth Tuesday before the proposed date of the

 

special election. The petition signatures shall be obtained within

 

60 days before the filing of the petition. Any signatures obtained

 

more than 60 days before the filing of the petition are not valid.

 

If the special election called by the school district is not

 

scheduled to be held on a regular election date as provided in

 

subsection (1), the special election shall be held on a Tuesday. A

 

special election called by a school district under this subsection

 

shall not be held within 30 days before or 35 days after a regular

 

election date as provided in subsection (1). A school district may

 

only call 1 special election pursuant to this subsection in each

 

calendar year.

 

     (5) The secretary of state shall direct and supervise the

 

consolidation of all elections held under this act.

 

     (6) This section shall be known and may be cited as the

 

"Hammerstrom election consolidation law".

 

     Sec. 642. (1) Except as otherwise provided in this section and

 

section 642a, beginning on September 1, 2004, a city shall hold its

 

regular election or regular primary election as follows:

 

     (a) A city shall hold its regular election for a city office

 

at the odd year general election.

     (b) A city shall hold its regular election primary at the odd

 

year primary election.

 

     (c) A city that holds its regular election for a city office

 

annually or in the even year on the November regular election date

 

shall continue holding elections on that schedule.

 

     (d) A city that holds its regular election primary for a city

 

office annually or in the even year on the August regular primary

 

election date shall continue holding primary elections on that

 

schedule.

 

     (2) If, on September 1, 2004, a city holds its regular

 

election at other than a regular November election date, the city

 

council may choose to hold the regular election on the May regular

 

election date by adopting a resolution in compliance with this

 

section. Except as provided in section 642a, if a city council

 

adopts the resolution in compliance with this section to hold its

 

regular election on the May regular election date, after December

 

31, 2004, the city's regular election is on the May regular

 

election date. If a city's regular election is held on the May

 

regular election date, the city shall not hold a regular primary

 

election.

 

     (3) If, on September 1, 2004, a city holds its regular

 

election annually or in the even year on the November regular

 

election date, the city council may choose to hold the regular

 

election at the odd year general election by adopting a resolution

 

in compliance with this section. Except as provided in section

 

642a, if a city council adopts the resolution in compliance with

 

this section to hold its regular election at the odd year general

election, after December 31, 2004, the city's regular election is

 

at the odd year election. If a city's regular election is held at

 

the odd year general election, the city's regular election primary

 

shall be held at the odd year primary election.

 

     (4) If, on September 1, 2004, a city holds its regular

 

election annually on the November regular election date, the city

 

council may choose to hold the regular election at the even year

 

general election by adopting a resolution in compliance with this

 

section. Except as provided in section 642a, if a city council

 

adopts the resolution in compliance with this section to hold its

 

regular election at the even year general election, after December

 

31, 2004, the city's regular election is at the even year election.

 

If a city's regular election is held at the even year general

 

election, the city's regular election primary shall be held at the

 

even year primary election.

 

     (5) A village shall hold its regular election as follows:

 

     (a) A village shall hold its regular election for a village

 

office at the general election and the appropriate township clerk

 

shall conduct the election.

 

     (b) A village shall not hold a regular primary election.

 

     (6) If a village's special election is held in conjunction

 

with another election conducted by a township, the village shall

 

pay the township a proportionate share of the election expenses. If

 

a village's special election is not held in conjunction with

 

another election conducted by a township, the village shall pay the

 

township 100% of the actual costs of conducting the village's

 

special election.

     (7) A resolution permitted under this section or section 642a

 

is valid only if a city council adopts the resolution in compliance

 

with all of the following:

 

     (a) The resolution is adopted before 1 of the following:

 

     (i) If the resolution is permitted under subsection (2), (3),

 

or (4), January 1, 2005.

 

     (ii) If the resolution is permitted under section 642a(1),

 

(2), or (4), 642a(2) or (4), January 1 of the year in which the

 

change in the date of the election takes effect.

 

     (b) Before adopting the resolution, the council holds at least

 

1 public hearing on the resolution. The public hearing may be held

 

on the same day and immediately before considering the adoption of

 

the resolution.

 

     (c) The council gives notice of each public hearing on the

 

resolution in a manner designed to reach the largest number of the

 

jurisdiction's qualified electors in a timely fashion.

 

     (d) The council votes on the resolution and, on a record roll

 

call vote, a majority of the council's board members, elected or

 

appointed, and serving, adopt the resolution.

 

     (e) The council files the resolution with the secretary of

 

state.

 

     Sec. 642a. (1) After December 31, 2004, 2016, a city council

 

that adopted a resolution so that its regular election is held on

 

the May regular election date may change its regular election to

 

the odd year general election by adopting a resolution in

 

compliance with section 642. If a city council adopts the

 

resolution in compliance with section 642 to hold its regular

election at the odd year general election, after December 31 of the

 

year in which the resolution is adopted, the city's regular

 

election is at the odd year general election.shall hold its regular

 

election on the March regular election date.

 

     (2) After December 31, 2004, a city council that holds its

 

regular election for city offices annually or in the even year on

 

the November regular election date may change its regular election

 

schedule to the odd year general election and the odd year primary

 

election by adopting a resolution in compliance with section 642.

 

If a city council adopts the resolution in compliance with section

 

642, the city's regular election is at the odd year general

 

election and its primary is at the odd year primary election.

 

     (3) After December 31, 2010, a city that adopted a resolution

 

so that its regular election primary is held at the September

 

election shall hold its regular election primary at the odd year

 

primary election.

 

     (4) After December 31, 2011, a city that holds its regular

 

election for city offices annually or in the odd year on the

 

November regular election date may change its regular election

 

schedule to the even year general election and the even year

 

primary election by adopting a resolution in compliance with

 

section 642. If a city council adopts the resolution in compliance

 

with section 642, after December 31 of the year in which the

 

resolution is adopted, the city's regular election is at the even

 

year general election and its primary is at the even year primary

 

election.

 

     (5) After December 31, 2012, a village that adopted a

resolution so that its regular election is held at the September

 

election shall hold its regular election at the general November

 

election.

 

     (6) After December 31, 2016, a city that holds its regular

 

election primary for a city office annually or in the even year on

 

the August regular primary election date shall hold its regular

 

election primary on the June regular primary election date.

 

     Sec. 644f. (1) Except as provided in this section and section

 

644e, nominating petitions for offices to be filled at the odd year

 

general election shall be filed by 4 p.m. on the fifteenth Tuesday

 

before the odd year primary election. The place of filing and the

 

number of signatures shall be the same as is now required by law

 

for those offices.

 

     (2) If a nonpartisan petition requirement is not contained in

 

law or charter, the minimum number of signatures shall be the

 

amount as provided for in section 544f.

 

     (3) If, upon the expiration of the time for filing nonpartisan

 

petitions, not more than twice the number of candidates as there

 

are persons to be elected to that office have filed, the primary

 

for that office shall not be held and those persons filing valid

 

petitions shall be declared the nominees for the offices, unless a

 

city charter provides otherwise for city offices.

 

     (4) Until December 31, 2015, the nominating petition filing

 

deadline for candidates for city offices may be adjusted as

 

provided in subsection (5) if all of the following occur:

 

     (a) The city clerk publishes a nominating petition filing

 

deadline that is different than the fifteenth Tuesday before the

odd year primary election or the odd year general election and the

 

nominating petition filing deadline published by the city clerk is

 

between the fifteenth Tuesday and the twelfth Tuesday before the

 

odd year primary election or the odd year general election.

 

     (b) The city clerk did not publicly correct the filing

 

deadline error at least 2 weeks before the fifteenth Tuesday before

 

the odd year primary election or the odd year general election.

 

     (c) One or more candidates for city offices in that city

 

relied upon the incorrect nominating petition filing deadline,

 

failed to file nominating petitions by the fifteenth Tuesday before

 

the odd year primary election or the odd year general election, and

 

filed nominating petitions by the filing deadline published by the

 

city clerk that are determined by the city clerk to contain a

 

sufficient number of valid signatures.

 

     (5) If the bureau of elections confirms that all of the

 

conditions set forth in subsection (4) are met, the bureau of

 

elections may authorize the city clerk to adjust the nominating

 

petition filing deadline for that odd year primary election or that

 

odd year general election from the fifteenth Tuesday before the odd

 

year primary election or the odd year general election to the

 

incorrectly published nominating petition filing deadline.

 

     (6) A city that falls under subsections (4) and (5) is subject

 

to all of the following:

 

     (a) Until December 31, 2017, the city clerk of that city shall

 

attend at least once annually an election training school conducted

 

by the director of elections as provided in section 33.

 

     (b) Until December 31, 2017, the city clerk shall submit

nominating petitions to the secretary of state for final approval

 

as to form before being circulated for signatures and shall submit

 

any election filing deadline calendars and any correspondence

 

relating to those calendars to the secretary of state before being

 

provided to the public.

 

     (c) The secretary of state shall conduct a postelection audit

 

after each November election held in the city in 2015, 2016, and

 

2017.

 

     (d) The secretary of state shall conduct an administrative

 

audit of the city clerk's elections operations and shall report the

 

results of that administrative audit to the house and senate

 

committees dealing with elections no later than October 1, 2015.

 

     (e) Until December 31, 2015, the secretary of state shall

 

conduct preelection precinct election inspector training for those

 

acting as precinct election inspectors at any August or November

 

election held in the city.

 

     (f) Notwithstanding section 683, beginning January 1, 2016 and

 

until December 31, 2017, those acting as precinct election

 

inspectors at any August June or November election held in the city

 

shall attend a preelection training school for election inspectors

 

conducted by the county clerk of the county in which the city is

 

located.

 

     Sec. 686a. (1) If a political party entitled to a position on

 

the ballot failed to have at least 1 candidate who polled at least

 

5% of the total vote cast for all candidates for secretary of state

 

at the last preceding election at which a secretary of state was

 

elected, candidates for that political party shall be nominated as

provided in section 532. County caucuses and state conventions for

 

such these political parties shall be held not later than the

 

August June primary.

 

     (2) County caucuses may nominate candidates for the office of

 

representative in congress, Congress, state senator, and state

 

representative if the offices represent districts contained wholly

 

within the county, and for all county and township offices. Not

 

more than 1 business day after the conclusion of the caucus, the

 

names and mailing addresses of all candidates so nominated and the

 

offices for which they were nominated shall be certified by the

 

chairperson and secretary of the caucus to the county clerk. The

 

certification shall be accompanied by an affidavit of identity for

 

each candidate named in the certificate as provided in section 558

 

and a separate written certificate of acceptance of nomination

 

signed by each candidate named on the certificate. The form of the

 

certificate of acceptance shall be prescribed by the secretary of

 

state. If a candidate is so certified with the accompanying

 

affidavit of identity and certificate of acceptance, the name of

 

the candidate shall be printed on the ballot for that election.

 

Candidates nominated and certified shall not be permitted to

 

withdraw.

 

     (3) The county caucus may also select the number of delegates

 

to the state convention to which the county is entitled and shall

 

select its own officers and name its own county committee.

 

     (4) The state convention shall be held at the time and place

 

indicated in the call. The convention shall consist of delegates

 

selected by the county caucuses. The convention may fill vacancies

in a delegation from qualified electors of that county present at

 

the convention. The convention may nominate candidates for all

 

state offices. District candidates may be nominated at district

 

caucuses held in conjunction with the state convention attended by

 

qualified delegates of the district. If delegates of a district are

 

not present, a district caucus shall not be held for that district

 

and candidates shall not be nominated for that district. Not more

 

than 1 business day after the conclusion of the convention, the

 

names and mailing addresses of the candidates nominated for state

 

or district offices shall be certified by the chairperson and

 

secretary of the state convention to the secretary of state. The

 

certification shall be accompanied by an affidavit of identity for

 

each candidate named in the certificate as provided in section 558

 

and a separate written certificate of acceptance of nomination

 

signed by each candidate named on the certificate. The form of the

 

certificate of acceptance shall be prescribed by the secretary of

 

state. The names of candidates so certified with accompanying

 

affidavit of identity and certificate of acceptance shall be

 

printed on the ballot for the forthcoming election. Candidates so

 

nominated and certified shall not be permitted to withdraw.

 

     Sec. 737a. (1) Except as otherwise provided in this section,

 

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. 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.

 

     (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 June 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.

 

     Sec. 821. (1) The board of county canvassers shall meet at the

office of the county clerk at 1 p.m. on the day after the day of a

 

general election, August June primary, or presidential primary

 

election in the county. Except as provided in subsection (2), for

 

For other elections, the board of county canvassers shall meet

 

within 5 days following the election.

 

     (2) If, at an election held on the May regular election date,

 

a ballot question appears on the ballot concerning authorized

 

millage that is subject to a millage reduction as provided in

 

section 34d of the general property tax act, 1893 PA 206, MCL

 

211.34d, the board of county canvassers shall meet to canvass and

 

certify the results of the vote on that proposition after May 31

 

and before June 15 following the election.

 

     Sec. 963. (1) Within 35 days after the filing of the recall

 

petition, the filing official with whom the recall petition is

 

filed shall make an official declaration of the sufficiency or

 

insufficiency of the recall petition. If the recall petition is

 

determined to be insufficient, the filing official shall notify the

 

person or organization sponsoring the recall of the insufficiency

 

of the recall petition. It is not necessary to give notification

 

unless the person or organization sponsoring the recall files with

 

the filing official a written notice of sponsorship and a mailing

 

address.

 

     (2) If a recall petition is filed under section 960,

 

immediately upon determining that the recall petition is

 

sufficient, but not later than 35 days after the date of filing of

 

the recall petition, the county clerk with whom the recall petition

 

is filed shall call the recall election and proceed under sections

971c to 975. The recall election shall be held not less than 95

 

days after the date the recall petition is filed and shall be held

 

on the next May March regular election date or the next November

 

regular election date, whichever occurs first.

 

     (3) Except as otherwise provided in subsection (4), if a

 

recall petition is filed under section 959, the filing official

 

with whom the recall petition is filed shall call the recall

 

primary election and proceed under sections 970b to 970g. The

 

recall primary election shall be held on the next regular election

 

date that is not less than 95 days after the date the recall

 

petition is filed.

 

     (4) If a recall petition is filed under section 959 demanding

 

the recall of the governor, the filing official with whom the

 

recall petition is filed shall call a special recall election and

 

proceed under sections 975c to 975g. The special recall election

 

shall be held not less than 95 days after the date the recall

 

petition is filed and shall be held on the next May March regular

 

election date or the next August November regular election date,

 

whichever occurs first.

 

     Sec. 970e. Subject to section 970b, the candidate of each

 

political party receiving the greatest number of votes cast for

 

candidates at the recall primary election as set forth in the

 

report of the board of state canvassers, based on the returns from

 

the various election precincts, shall be declared the nominee of

 

that political party at the recall general election to be held on

 

the next May March regular election date or the next August June

 

regular election date, whichever occurs first. In addition, except

as otherwise provided in this section, a candidate without a

 

political party affiliation may qualify for the recall general

 

election by filing a qualifying petition with the officer with whom

 

the recall petitions were filed that contains 10% of the number of

 

signatures required under section 544f within 10 days after the

 

recall general election is scheduled. An individual who was an

 

unsuccessful candidate in the recall primary election may not

 

subsequently file a qualifying petition as a candidate without a

 

political party affiliation for the recall general election.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.