HOUSE BILL NO. 5791

June 06, 2024, Introduced by Reps. Maddock, Friske, DeSana and Carra and referred to the Committee on Government Operations.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 93, 94, 98, 133, 134, and 138 (MCL 168.93, 168.94, 168.98, 168.133, 168.134, and 168.138), sections 93 and 133 as amended by 2012 PA 276.

the people of the state of michigan enact:

Sec. 93. (1) In order for the name of a person an individual as a candidate for nomination by a political party for the office of United States senator Senator to appear under a particular party heading on the official primary ballot, a nominating petition shall petitions must be filed with the secretary of state. The nominating petition shall have been petitions must be signed by a number of qualified and registered electors residing within in this state as determined under section 544f. The nominating petition shall petitions must 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 must 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 petitions must be filed with the secretary of state no later than 4 p.m. of the fifteenth Tuesday before the August primary.

(2) In lieu of filing nominating petitions, a candidate for the office of United States Senator may pay a nonrefundable filing fee of $5,000.00 to the secretary of state. Payment of the filing fee and certification of the name of the candidate paying the filing fee are governed by the same provisions as in the case of nominating petitions. The filing fee must be deposited in the general fund of this state.

Sec. 94. After the filing of a nominating petition petitions or a filing fee by or in on behalf of a proposed candidate for United States senator, such Senator, the candidate shall is not be permitted to withdraw unless a written notice of withdrawal is served on the secretary of state or his a duly authorized agent of the secretary of state not later than 4 o'clock, eastern standard time, in the afternoon p.m. of the third day after the last day for filing such nominating petitions or a filing fee.

Sec. 98. When If a candidate of any political party has filed a files nominating petition petitions or a filing fee for such office United States Senator and has been is nominated for said the office by said a political party, he shall that candidate is not be permitted to withdraw unless he has removed the candidate moves from the this state , or has become becomes physically unfit. No A vacancy shall must not be filled by the state central committees except for the causes and as herein specified : Provided, That this in this section. However, this prohibition shall does not be construed to prohibit the withdrawal of any candidate who has been nominated without having filed a nominating petition petitions or a filing fee and whose name has been written or placed on the ballot of any political party.

Sec. 133. (1) In order for the name of a person an individual as a candidate for nomination by a political party for the office of representative 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 petitions must be 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 petitions must be filed with the secretary of state no later than 4 p.m. of the fifteenth Tuesday before the August 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 petitions must be filed with the county clerk of that county no later than 4 p.m. of the fifteenth Tuesday before the August primary. Nominating petitions shall must be in the form as prescribed in section 544c.

(2) If the congressional district comprises more than 1 county, in lieu of filing nominating petitions, a candidate for the office of Representative in Congress may pay a nonrefundable filing fee of $1,000.00 to the secretary of state. If the congressional district is within 1 county, a candidate for the office of Representative in Congress may pay a nonrefundable filing fee of $1,000.00 to the county clerk of that county. Payment of the filing fee and certification of the name of the candidate paying the filing fee are governed by the same provisions as in the case of nominating petitions. The filing fee filed with the secretary of state must be deposited in the general fund of this state and the filing fee deposited with a county clerk must be deposited in the general fund of that county.

Sec. 134. After the filing of a nominating petition petitions or a filing fee by or in on behalf of a proposed candidate for representative Representative in congress, such Congress, the candidate shall is not be permitted to withdraw unless a written notice of withdrawal is served on the official with whom the petition nominating petitions or filing fee was filed or his the official's duly authorized agent not later than 4 o'clock, eastern standard time, in the afternoon p.m. of the third day after the last day for filing such nominating petitions or a filing fee.

Sec. 138. When If a candidate of any political party has filed a files nominating petition petitions or a filing fee for such office Representative in Congress and has been is nominated for said the office by said a political party, he shall the candidate is not be permitted to withdraw unless he has removed the candidate moves from the this state or has become becomes physically unfit. ; no A vacancy shall must not be filled by the district or county committees except for the causes and as herein specified : Provided, That this in this section. However, this prohibition shall does not be construed to prohibit the withdrawal of any candidate who has been nominated without having filed a nominating petition petitions or a filing fee and whose name has been written or placed on the ballot of any political party.