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.