Bill Text: MI HB6145 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Elections; candidates; candidate withdrawal deadline; modify. Amends secs. 54, 164, 194, 256, 303, 322a, 351, 381, 386, 409c, 414, 434, 467d & 590c of 1954 PA 116 (MCL 168.54 et seq.).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-12 - Bill Electronically Reproduced 06/07/2018 [HB6145 Detail]

Download: Michigan-2017-HB6145-Introduced.html

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HOUSE BILL No. 6145

 

 

June 7, 2018, Introduced by Rep. Howrylak and referred to the Committee on Elections and Ethics.

 

      A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 54, 164, 194, 256, 303, 322a, 351, 381, 386,

 

409c, 414, 434, 467d, and 590c (MCL 168.54, 168.164, 168.194,

 

168.256, 168.303, 168.322a, 168.351, 168.381, 168.386, 168.409c,

 

168.414, 168.434, 168.467d, and 168.590c), section 164 as amended

 

by 1990 PA 7, sections 303 and 381 as amended by 2018 PA 120,

 

section 386 as amended by 2014 PA 94, sections 409c, 414, 434, and

 

467d as amended by 1999 PA 218, and section 590c as added by 1988

 

PA 116.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 54. After the filing of a nominating petition petitions

 

 2  by or in on behalf of a proposed candidate for governor, such the

 

 3  candidate shall is not be permitted to withdraw unless a written

 

 4  notice of withdrawal is served on the secretary of state or his or

 1  her duly authorized agent not later than 4 p.m. , eastern standard

 

 2  time, of the third seventh day after the last day for filing such

 

 3  nominating petitions.

 

 4        Sec. 164. After the filing of a nominating petition petitions

 

 5  or a filing fee by or in on behalf of a proposed candidate for the

 

 6  office of state senator or representative, such the candidate shall

 

 7  is not be permitted to withdraw unless a written notice of

 

 8  withdrawal is served on the official with whom his or her

 

 9  nominating petitions or filing fee were filed, or his or her duly

 

10  authorized agent, not later than 4 o'clock, eastern standard time,

 

11  in the afternoon 4 p.m. of the third seventh day after the last day

 

12  for filing such petition.nominating petitions.

 

13        Sec. 194. After the filing of a nominating petition petitions

 

14  or a filing fee by or in on behalf of a proposed candidate for any

 

15  of the offices named in section 191, of this act, such the

 

16  candidate shall is not be permitted to withdraw unless a written

 

17  notice of withdrawal is served on the county clerk or his or her

 

18  duly authorized agent not later than 4 o'clock, eastern standard

 

19  time, in the afternoon 4 p.m. of the third seventh day after the

 

20  last day for filing such petition nominating petitions or a filing

 

21  fee, as in this act provided, unless the third seventh day falls on

 

22  a Saturday, Sunday, or legal holiday, in which case the notice of

 

23  withdrawal may be served on the clerk up to 4 o'clock, eastern

 

24  standard time, 4 p.m. on the next secular day.

 

25        Sec. 256. After the filing of nominating petitions or a filing

 

26  fee by or in on behalf of a proposed candidate for the office of

 

27  county road commissioner, such the candidate shall is not be

 1  permitted to withdraw unless a written notice of withdrawal is

 

 2  served on the county clerk or his or her duly authorized agent not

 

 3  later than 4 o'clock, eastern standard time, in the afternoon 4

 

 4  p.m. of the third seventh day after the last day for filing such

 

 5  petition, as in this act provided.nominating petitions.

 

 6        Sec. 303. (1) Subject to subsection (4), for an individual's

 

 7  name to appear on the official ballot as a candidate for school

 

 8  board member, the candidate shall must file a nominating petition

 

 9  and the affidavit required by section 558 with the school district

 

10  filing official not later than 4 p.m. on the fifteenth Tuesday

 

11  before the election date. The nominating petition must be signed by

 

12  the following number of electors of the school district:

 

13        (a) If the population of the school district is less than

 

14  10,000 according to the most recent federal census, a minimum of 6

 

15  and a maximum of 20.

 

16        (b) If the population of the school district is 10,000 or more

 

17  according to the most recent federal census, a minimum of 40 and a

 

18  maximum of 100.

 

19        (2) The nominating petition must be substantially in the form

 

20  prescribed in section 544c, except that the petition must be

 

21  nonpartisan and must include the following opening paragraph:

 

 

22	We, the undersigned, registered and qualified voters
23	of _______________________________________________________
24	and residents of the _______________________________, the
25	(legal name of school district)
26	county of _____________________________, state of Michigan,
27	(city or township)

1	nominate  __________________________________________________
2	(name of candidate)
3	_______________________________    ________________________,
4	(street address)                   (city or township)
5	a registered and qualified elector of the district as a member
6	of the board of education of the school district for a term
7	of ______ years, expiring ______, to be voted for at the
8	election to be held on the ______ day of ___________,  ______.
9	(month)     (year)

 

 

10        (3) A school elector shall not sign petitions for more

 

11  candidates than are to be elected.

 

12        (4) Instead of filing a nominating petitions, petition, a

 

13  candidate for school board member may pay a nonrefundable filing

 

14  fee of $100.00 to the school district filing official. If this fee

 

15  is paid by the due date for a nominating petition, the payment has

 

16  the same effect under this section as the filing of a nominating

 

17  petition.

 

18        (5) A nominating petition filed under this chapter is subject

 

19  to the examination and investigation process prescribed in section

 

20  552 as to its sufficiency and the validity and genuineness of the

 

21  signatures on the nominating petition, and to the other procedures

 

22  prescribed in that section relevant to a petition filed under this

 

23  chapter.

 

24        (6) After a nominating petition is filed or filing fee is paid

 

25  for a candidate for school board member, the candidate is not

 

26  permitted to withdraw unless a written withdrawal notice, signed by

 

27  the candidate, is filed with the school district filing official

 1  not later than 4 p.m. of the third seventh day after the last day

 

 2  for filing the nominating petition. If the school district filing

 

 3  official is not a county clerk, the school district filing official

 

 4  shall notify the county clerk of the candidates' names and

 

 5  addresses not later than 3 days after the last day for filing a

 

 6  withdrawal notice.

 

 7        Sec. 322a. After the filing of a nominating petition petitions

 

 8  or a filing fees fee by or in on behalf of a proposed candidate for

 

 9  a city office, the candidate shall is not be permitted to withdraw

 

10  unless a written notice of withdrawal is served on the city clerk

 

11  not later than 4 o'clock, eastern standard time, in the afternoon 4

 

12  p.m. of the third seventh day after the last day for filing the

 

13  petition nominating petitions or filing fee as provided in this act

 

14  or in local charters, unless the third seventh day falls on a

 

15  Saturday, Sunday, or legal holiday, in which case the withdrawal

 

16  may be served on the city clerk up to 4 o'clock, eastern standard

 

17  time, 4 p.m. on the next secular day.

 

18        Sec. 351. After the filing of a nominating petition petitions

 

19  by or in on behalf of a proposed candidate for a township office,

 

20  such the candidate shall is not be permitted to withdraw unless a

 

21  written notice of withdrawal is served on the township clerk not

 

22  later than 4 o'clock, eastern standard time, in the afternoon 4

 

23  p.m. of the third seventh day after the last day for filing such

 

24  nominating petitions, as in this act provided, unless the third

 

25  seventh day falls on a Saturday, Sunday, or legal holiday, in which

 

26  case the notice of withdrawal may be served on the clerk up to 4

 

27  o'clock, eastern standard time, 4 p.m. on the next secular day.

 1        Sec. 381. (1) Except as provided in this section and sections

 

 2  383, 641, 642, 642a, and 644g, the qualifications, nomination,

 

 3  election, appointment, term of office, and removal from office of a

 

 4  village officer must be as determined by the charter provisions

 

 5  governing the village.

 

 6        (2) If the membership of the village council of a village

 

 7  governed by the general law village act, 1895 PA 3, MCL 61.1 to

 

 8  74.25, is reduced to less than a quorum of 4 and a special election

 

 9  for the purpose of filling all vacancies in the office of trustee

 

10  is called under section 13 of chapter II of the general law village

 

11  act, 1895 PA 3, MCL 62.13, temporary appointments of trustees must

 

12  be made as provided in this subsection. The board of county

 

13  election commissioners of the county in which the largest portion

 

14  of the population of the village is situated shall make temporary

 

15  appointment of the number of trustees required to constitute a

 

16  quorum for the transaction of business by the village council. A

 

17  trustee appointed under this subsection shall hold the office only

 

18  until the trustee's successor is elected and qualified. A trustee

 

19  who is temporarily appointed under this subsection shall not vote

 

20  on the appointment of himself or herself to an elective or

 

21  appointive village office.

 

22        (3) Notwithstanding another provision of law or charter to the

 

23  contrary, an appointment to an elective or appointive village

 

24  office made by a quorum constituted by temporary appointments under

 

25  this subsection expires upon the election and qualification of

 

26  trustees under the special election called to fill the vacancies in

 

27  the office of trustee.

 1        (4) Filing for a village office must be with the township

 

 2  clerk if the township is conducting the election or if the village

 

 3  is located in more than 1 township with the township in which the

 

 4  largest number of the registered electors of the village reside.

 

 5  Nominating petitions for village offices must be filed with the

 

 6  appropriate township clerk by 4 p.m. on the fifteenth Tuesday

 

 7  before the general November election. After a nominating petition

 

 8  is petitions are filed for a candidate for a village office, the

 

 9  candidate is not permitted to withdraw unless a written withdrawal

 

10  notice, signed by the candidate, is filed with the appropriate

 

11  township clerk not later than 4 p.m. of the third seventh day after

 

12  the last day for filing the nominating petition.petitions.

 

13        Sec. 386. (1) For an individual's name to appear on the

 

14  official ballot as a candidate for metropolitan district officer,

 

15  the candidate shall must file a nominating petition petitions and

 

16  the affidavit required by section 558 with the metropolitan

 

17  district election coordinator not later than 4 p.m. on the

 

18  fifteenth Tuesday before the election date. The nominating

 

19  petitions shall must be signed by a number of qualified and

 

20  registered electors residing in the metropolitan district as

 

21  determined under section 544f.

 

22        (2) The nominating petition shall petitions must be

 

23  substantially in the form prescribed in section 544c, except that

 

24  the petition shall petitions must be nonpartisan and shall must

 

25  include the following opening paragraph:

 

 

26	We, the undersigned, registered and qualified voters
27	of the city or township of _______________________________

1	and residents of the ___________________________________, the
2	(legal name of metropolitan district)
3	county of _____________________________, state of Michigan,
4	nominate   __________________________________________________
5	(name of candidate)
6	_______________________________     ________________________,
7	(street address)                   (city or township)
8	a registered and qualified elector of the metropolitan district
9	as an officer of the legislative body of the metropolitan
10	district for a term of ____ years, expiring _____, to be
11	voted for at the election to be held on the ______ day of
12	_________________________, ___________________.
13	(month)                    (year)

 

 

14        (3) An elector shall not sign nominating petitions for more

 

15  candidates than are to be elected.

 

16        (4) A nominating petition filed under this chapter is subject

 

17  to the examination and investigation process prescribed in section

 

18  552 as to its sufficiency and the validity and genuineness of the

 

19  signatures on the nominating petition, and to the other procedures

 

20  prescribed in that section relevant to a petition filed under this

 

21  chapter.

 

22        (5) After a nominating petition is filed for a candidate for

 

23  metropolitan district officer, the candidate is not permitted to

 

24  withdraw unless a written withdrawal notice, signed by the

 

25  candidate, is filed with the metropolitan district election

 

26  coordinator not later than 4 p.m. of the third seventh day after

 

27  the last day for filing the nominating petition.petitions.

 1        Sec. 409c. After the filing of a nominating petition petitions

 

 2  or an affidavit of candidacy by or in on behalf of a proposed

 

 3  candidate for the office of judge of the court of appeals, the

 

 4  proposed candidate is not permitted to withdraw unless he or she

 

 5  serves a written notice of withdrawal on the secretary of state or

 

 6  his or her duly authorized agent. The notice must be served not

 

 7  later than 3 7 days after the last day for filing nominating

 

 8  petitions if a nominating petition was petitions were filed for the

 

 9  proposed candidate, and not later than 3 7 days after the last day

 

10  for filing affidavits of candidacy if an affidavit of candidacy was

 

11  filed for the proposed candidate. If the third seventh day falls on

 

12  a Saturday, Sunday, or legal holiday, the notice of withdrawal may

 

13  be served on the secretary of state or his or her duly authorized

 

14  agent at any time on or before 4 p.m. , eastern standard time, on

 

15  the next secular day.

 

16        Sec. 414. After the filing of a nominating petition petitions

 

17  or an affidavit of candidacy by or in on behalf of a proposed

 

18  candidate for the office of judge of the circuit court, the

 

19  proposed candidate is not permitted to withdraw unless he or she

 

20  serves a written notice of withdrawal on the secretary of state or

 

21  his or her duly authorized agent. The notice must be served not

 

22  later than 3 7 days after the last day for filing nominating

 

23  petitions if a nominating petition was petitions were filed for the

 

24  proposed candidate, and not later than 3 7 days after the last day

 

25  for filing affidavits of candidacy if an affidavit of candidacy was

 

26  filed for the proposed candidate. If the third seventh day falls on

 

27  a Saturday, Sunday, or legal holiday, the notice of withdrawal may

 1  be served on the secretary of state or his or her duly authorized

 

 2  agent at any time on or before 4 p.m. , eastern standard time, on

 

 3  the next secular day.

 

 4        Sec. 434. After the filing of a nominating petition petitions

 

 5  or an affidavit of candidacy by or in on behalf of a proposed

 

 6  candidate for the office of judge of probate, the proposed

 

 7  candidate is not permitted to withdraw unless he or she serves a

 

 8  written notice of withdrawal on the secretary of state or his or

 

 9  her duly authorized agent. The notice must be served not later than

 

10  3 7 days after the last day for filing nominating petitions if a

 

11  nominating petition was petitions were filed for the proposed

 

12  candidate, and not later than 3 7 days after the last day for

 

13  filing affidavits of candidacy if an affidavit of candidacy was

 

14  filed for the proposed candidate. If the third seventh day falls on

 

15  a Saturday, Sunday, or legal holiday, the notice of withdrawal may

 

16  be served on the secretary of state or his or her duly authorized

 

17  agent at any time on or before 4 p.m. , eastern standard time, on

 

18  the next secular day.

 

19        Sec. 467d. After the filing of a nominating petition petitions

 

20  or an affidavit of candidacy by or in on behalf of a proposed

 

21  candidate for the office of judge of the district court, the

 

22  proposed candidate is not permitted to withdraw unless he or she

 

23  serves a written notice of withdrawal on the secretary of state or

 

24  his or her duly authorized agent. The notice must be served not

 

25  later than 3 7 days after the last day for filing nominating

 

26  petitions if a nominating petition was petitions were filed for the

 

27  proposed candidate, and not later than 3 7 days after the last day

 1  for filing affidavits of candidacy if an affidavit of candidacy was

 

 2  filed for the proposed candidate. If the third seventh day falls on

 

 3  a Saturday, Sunday, or legal holiday, the notice of withdrawal may

 

 4  be served on the secretary of state or his or her duly authorized

 

 5  agent at any time on or before 4 p.m. , eastern standard time, on

 

 6  the next secular day.

 

 7        Sec. 590c. (1) A qualifying petition for an office shall must

 

 8  be filed with the filing officer authorized to receive a partisan

 

 9  nominating petition or a certificate of nomination for that office.

 

10        (2) A qualifying petition for an office elected at the general

 

11  November election shall must be filed not later than 4 p.m. of the

 

12  one hundred-tenth day before the general November election. A

 

13  qualifying petition for an official elected at an election other

 

14  than the general November election shall must be filed not later

 

15  than the deadline established by statute or charter for filing a

 

16  partisan petition or certificate of nomination for the office or at

 

17  least 90 days before that election, whichever is later.

 

18        (3) A candidate who files a qualifying petition shall is not

 

19  be permitted to withdraw his or her candidacy unless a written

 

20  notice of withdrawal is filed with the filing officer who received

 

21  the petition. The notice shall must be filed not later than 4 p.m.

 

22  of the third seventh day after the last day for filing a qualifying

 

23  petition.