Bill Text: MI SB0659 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Elections; primary; nomination of candidates for lieutenant governor, secretary of state, attorney general, state board of education, university boards, and supreme court justice at primary elections; provide for. Amends secs. 55, 392a, 404, 534 & 535 of 1954 PA 116 (MCL 168.55 et seq.); adds secs. 72a, 73a, 74a, 74b, 74c, 74d, 74e, 74f, 74g, 282b, 282c, 283a, 284a, 284b, 284c, 284d, 284e, 284f, 284g, 284h, 391a, 392b, 394a & 395a & repeals secs. 72, 73, 74, 282, 282a, 283, 284, 392, 393, 394 & 395 of 1954 PA 116 (MCL 168.72 et seq.). TIE BAR WITH: SJR N'17
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-11-09 - Referred To Committee On Elections And Government Reform [SB0659 Detail]
Download: Michigan-2017-SB0659-Introduced.html
SENATE BILL No. 659
November 9, 2017, Introduced by Senators CONYERS and HERTEL and referred to the Committee on Elections and Government Reform.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 55, 392a, 404, 534, and 535 (MCL 168.55,
168.392a, 168.404, 168.534, and 168.535), section 55 as amended by
2012 PA 276, section 404 as amended by 1999 PA 218, and section 534
as amended by 1988 PA 116, and by adding sections 72a, 73a, 74a,
74b, 74c, 74d, 74e, 74f, 74g, 282b, 282c, 283a, 284a, 284b, 284c,
284d, 284e, 284f, 284g, 284h, 391a, 392b, 394a, and 395a; and to
repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 55. If, for any reason, there is no candidate of a
political
party for the office of governor, or lieutenant governor,
a
blank space shall must be provided on each of the official
primary ballots that affords every elector of the political party
an
opportunity to vote for a candidate for those offices that
office by writing in the name of his or her selection.
Sec. 72a. A general primary election must be held in every
election precinct in this state on the Tuesday after the first
Monday in August before every general November election in which a
lieutenant governor, attorney general, and secretary of state are
to be elected. At the general primary election, the qualified and
registered electors of each political party may vote for party
candidates for the offices of lieutenant governor, attorney
general, and secretary of state. This section does not apply to
political parties required to nominate candidates at caucuses or
conventions as provided in section 532.
Sec. 73a. To obtain the printing of the name of a person as a
candidate for nomination by a political party for the office of
lieutenant governor, attorney general, or secretary of state under
a particular party heading upon the official primary ballots, there
must be filed with the state bureau of elections nominating
petitions signed by a number of qualified and registered electors
residing in this state as determined under section 544f. Nominating
petitions must be signed by at least 1,000 registered resident
electors in each of at least 1/2 of the congressional districts of
this state. Nominating petitions must be in the form as prescribed
in section 544c. Nominating petitions must be received by the state
bureau of elections for filing in accordance with this act up to 4
p.m. of the fifteenth Tuesday before the August primary election.
Sec. 74a. After the filing of a nominating petition by or on
behalf of a proposed candidate for lieutenant governor, attorney
general, or secretary of state, the candidate is not permitted to
withdraw unless a written notice of withdrawal is served on the
state bureau of elections not later than 4 p.m. of the third day
after the last day for filing nominating petitions.
Sec. 74b. If for any reason there is no candidate of a
political party for the office of lieutenant governor, attorney
general, or secretary of state, a blank space must be provided on
each of the official primary ballots that affords every elector of
the political party an opportunity to vote for a candidate for the
office of lieutenant governor, attorney general, or secretary of
state by writing in the name of his or her selection.
Sec. 74c. If a candidate of a political party for the office
of lieutenant governor, attorney general, or secretary of state,
after having qualified as a candidate, dies, after the time
specified for filing nominating petitions in section 73a, leaving
the political party without a candidate for the office of
lieutenant governor, attorney general, or secretary of state, a
candidate to fill the vacancy may be selected by the state central
committee of the political party, and the name of the candidate
selected must be transmitted to the county officers who are
required by law to print and distribute ballots. The name of the
candidate must be printed on the ballot, but if the primary ballots
have been printed, the county officers shall print a sufficient
number of gummed labels or stickers bearing the name of the
candidate, which must be distributed to the various voting
precincts in their respective counties, and the board of election
inspectors of each precinct shall place 1 of the labels or stickers
on each ballot over the name of the candidate who has died before
the ballot is given to an elector.
Sec. 74d. The candidate of each political party for the office
of lieutenant governor receiving the greatest number of votes cast
for the office of lieutenant governor, as set forth in the report
of the board of state canvassers based on the returns from the
various boards of county canvassers, or as determined by the board
of state canvassers as the result of a recount, must be declared
the nominee of that political party for the office of lieutenant
governor at the next ensuing November election. The board of state
canvassers shall immediately certify the nominations to the state
bureau of elections.
Sec. 74e. The candidate of each political party for the office
of attorney general receiving the greatest number of votes cast for
the office of attorney general, as set forth in the report of the
board of state canvassers based on the returns from the various
boards of county canvassers, or as determined by the board of state
canvassers as the result of a recount, must be declared the nominee
of that political party for the office of attorney general at the
next ensuing November election. The board of state canvassers shall
immediately certify the nominations to the state bureau of
elections.
Sec. 74f. The candidate of each political party for the office
of secretary of state receiving the greatest number of votes cast
for the office of secretary of state, as set forth in the report of
the board of state canvassers based on the returns from the various
boards of county canvassers, or as determined by the board of state
canvassers as the result of a recount, must be declared the nominee
of that political party for the office of secretary of state at the
next ensuing November election. The board of state canvassers shall
immediately certify the nominations to the state bureau of
elections.
Sec. 74g. If a candidate of a political party for the office
of lieutenant governor, attorney general, or secretary of state
files a nominating petition for that office and has been nominated
for the office of lieutenant governor, attorney general, or
secretary of state by the political party, he or she is not
permitted to withdraw unless he or she moves from this state or
becomes physically unfit. This section does not prohibit the
withdrawal of a candidate who was nominated without having filed a
nominating petition and whose name has been written or placed on
the ballot of a political party.
Sec. 282b. A general primary election must be held in every
election precinct in this state on the Tuesday after the first
Monday in August before every general November election in which 2
members of the state board of education are to be elected. At the
general primary election, the qualified and registered electors of
each political party may vote for party candidates for membership
on the state board of education. This section does not apply to
political parties required to nominate candidates at caucuses or
conventions as provided in section 532.
Sec. 282c. A general primary election must be held in every
election precinct in this state on the Tuesday after the first
Monday in August before every general November election in which 2
members of the board of regents of the University of Michigan, 2
members of the board of trustees of Michigan State University, and
2 members of the board of governors of Wayne State University are
to be elected. At the general primary election, the qualified and
registered electors of each political party may vote for party
candidates for membership on the board of regents of the University
of Michigan, the board of trustees of Michigan State University,
and the board of governors of Wayne State University. This section
does not apply to political parties required to nominate candidates
at caucuses or conventions as provided in section 532.
Sec. 283a. To obtain the printing of the name of a person as a
candidate for nomination by a political party for membership on the
state board of education, the board of regents of the University of
Michigan, the board of trustees of Michigan State University, or
the board of governors of Wayne State University under a particular
party heading upon the official primary ballots, there must be
filed with the state bureau of elections nominating petitions
signed by a number of qualified and registered electors residing in
this state as determined under section 544f. Nominating petitions
must be signed by at least 1,000 registered resident electors in
each of at least 1/2 of the congressional districts of this state.
Nominating petitions must be in the form as prescribed in section
544c. Nominating petitions must be received by the state bureau of
elections for filing in accordance with this act up to 4 p.m. of
the fifteenth Tuesday before the August primary election.
Sec. 284a. After the filing of a nominating petition by or on
behalf of a proposed candidate for membership on the state board of
education, the board of regents of the University of Michigan, the
board of trustees of Michigan State University, or the board of
governors of Wayne State University, the candidate is not permitted
to withdraw unless a written notice of withdrawal is served on the
state bureau of elections not later than 4 p.m. of the third day
after the last day for filing nominating petitions.
Sec. 284b. If for any reason there are not 2 candidates of a
political party for membership on the state board of education, the
board of regents of the University of Michigan, the board of
trustees of Michigan State University, or the board of governors of
Wayne State University, a blank space must be provided on each of
the official primary ballots that affords every elector of the
political party an opportunity to vote for a candidate for
membership on the state board of education, the board of regents of
the University of Michigan, the board of trustees of Michigan State
University, or the board of governors of Wayne State University by
writing in the name of his or her selection.
Sec. 284c. If a candidate of a political party for membership
on the state board of education, the board of regents of the
University of Michigan, the board of trustees of Michigan State
University, or the board of governors of Wayne State University,
after having qualified as a candidate, dies, after the time
specified for filing nominating petitions in section 283a, leaving
the political party without a candidate for membership on the state
board of education, the board of regents of the University of
Michigan, the board of trustees of Michigan State University, or
the board of governors of Wayne State University, a candidate to
fill the vacancy may be selected by the state central committee of
the political party, and the name of the candidate selected must be
transmitted to the county officers who are required by law to print
and distribute ballots. The name of the candidate must be printed
on the ballot, but if the primary ballots have been printed, the
county officers shall print a sufficient number of gummed labels or
stickers bearing the name of the candidate, which must be
distributed to the various voting precincts in their respective
counties, and the board of election inspectors of each precinct
shall place 1 of the labels or stickers on each ballot over the
name of the candidate who has died before the ballot is given to an
elector.
Sec. 284d. The 2 candidates of each political party for
membership on the state board of education receiving the greatest
number of votes cast for membership on the state board of
education, as set forth in the report of the board of state
canvassers based on the returns from the various boards of county
canvassers, or as determined by the board of state canvassers as
the result of a recount, must be declared the nominees of that
political party for membership on the state board of education at
the next ensuing November election. The board of state canvassers
shall immediately certify the nominations to the state bureau of
elections.
Sec. 284e. The 2 candidates of each political party for
membership on the board of regents of the University of Michigan
receiving the greatest number of votes cast for membership on the
board of regents of the University of Michigan, as set forth in the
report of the board of state canvassers based on the returns from
the various boards of county canvassers, or as determined by the
board of state canvassers as the result of a recount, must be
declared the nominees of that political party for membership on the
board of regents of the University of Michigan at the next ensuing
November election. The board of state canvassers shall immediately
certify the nominations to the state bureau of elections.
Sec. 284f. The 2 candidates of each political party for
membership on the board of trustees of Michigan State University
receiving the greatest number of votes cast for membership on the
board of trustees of Michigan State University, as set forth in the
report of the board of state canvassers based on the returns from
the various boards of county canvassers, or as determined by the
board of state canvassers as the result of a recount, must be
declared the nominees of that political party for membership on the
board of trustees of Michigan State University at the next ensuing
November election. The board of state canvassers shall immediately
certify the nominations to the state bureau of elections.
Sec. 284g. The 2 candidates of each political party for
membership on the board of governors of Wayne State University
receiving the greatest number of votes cast for membership on the
board of governors of Wayne State University, as set forth in the
report of the board of state canvassers based on the returns from
the various boards of county canvassers, or as determined by the
board of state canvassers as the result of a recount, must be
declared the nominees of that political party for membership on the
board of governors of Wayne State University at the next ensuing
November election. The board of state canvassers shall immediately
certify the nominations to the state bureau of elections.
Sec. 284h. If a candidate of a political party for membership
on the state board of education, the board of regents of the
University of Michigan, the board of trustees of Michigan State
University, or the board of governors of Wayne State University
files a nominating petition for that office and has been nominated
for membership on the state board of education, the board of
regents of the University of Michigan, the board of trustees of
Michigan State University, or the board of governors of Wayne State
University by the political party, he or she is not permitted to
withdraw unless he or she moves from this state or becomes
physically unfit. This section does not prohibit the withdrawal of
a candidate who was nominated without having filed a nominating
petition and whose name has been written or placed on the ballot of
a political party.
Sec. 391a. A general nonpartisan primary election must be held
in every county of this state on the Tuesday after the first Monday
in August before the general election at which justices of the
supreme court are elected, at which time the qualified and
registered electors may vote for nonpartisan candidates for the
office of justice of the supreme court. If, upon the expiration of
the time for filing petitions or incumbency affidavits of candidacy
for the primary election of justices of the supreme court, it
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 those candidates for supreme court justice whose petitions
or affidavits have been properly filed, and those candidates are
the nominees for the office of justice of the supreme court and
must be so certified. As to that office, there is no primary
election and this office must be omitted from the judicial primary
ballot.
Sec.
392a. (1) Any An
incumbent justice of the supreme court
may become a candidate for re-election as a justice of the supreme
court by filing with the secretary of state an affidavit of
candidacy
not less than 180 210 days prior to before the expiration
of his or her term of office.
(2) The
affidavit of candidacy shall must
contain statements
that the affiant is an incumbent supreme court justice, that he or
she
is domiciled within the this state,
and that he or
she will not
have
attained the age of 70 years prior to before the date of
election and a declaration that he or she is a candidate for
election
to the office of justice of the supreme court. justice.
Sec. 392b. To obtain the printing of the name of a person as a
candidate for nomination for the office of justice of the supreme
court upon the official nonpartisan primary ballots, there must 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 this state as
determined under section 544f or by the filing of an affidavit
according to section 392a. The secretary of state shall receive the
nominating petitions up to 4 p.m. of the fourteenth Tuesday before
the primary. The provisions of sections 544a and 544b apply.
Sec. 394a. After the filing of a nominating petition or
affidavit of candidacy by or on behalf of a proposed candidate for
the office of justice of the supreme court, the proposed candidate
is not permitted to withdraw unless he or she serves a written
notice of withdrawal on the secretary of state or his or her duly
authorized agent. The notice must be served not later than 3 days
after the last day for filing nominating petitions if a nominating
petition was filed for the proposed candidate, and not later than 3
days after the last day for filing affidavits of candidacy if an
affidavit of candidacy was filed for the proposed candidate. If the
third day falls on a Saturday, Sunday, or legal holiday, the notice
of withdrawal may be served on the secretary of state or his or her
duly authorized agent at any time on or before 4 p.m. on the next
secular day.
Sec. 395a. (1) The candidates for the office of justice of the
supreme court receiving the largest number of votes at any primary
election, to a number equal to twice the number of persons to be
elected as set forth in the report of the board of state
canvassers, based on the returns from the various county boards of
canvassers and election precincts or as determined by the board of
state canvassers as the result of a recount, must be declared the
nominees for the office at the next general election. The board of
state canvassers shall certify the nomination to the county
election commissions.
(2) If, after the deadline for filing incumbency affidavits of
candidacy under section 392a, there are fewer candidates for
nomination or nominees for the office of justice of the supreme
court than there are persons to be elected at the general November
election because of the death or disqualification of a candidate
more than 65 days before the general November election, then a
person, whether or not an incumbent, may qualify as a nominee for
that office at the general November election by filing nominating
petitions as required by section 392b. However, the filing must be
made before 4 p.m. on the twenty-first day following the death or
disqualification of the candidate or 4 p.m. on the sixtieth day
preceding the general November election, whichever is earlier, and
the minimum number of signatures required is 1/2 the minimum number
required under section 392b.
(3) The secretary of state shall certify the nomination of
each person who qualifies as a nominee under subsection (2) to the
board of election commissioners specified by section 687 for the
general November election.
(4) Except as otherwise provided in subsection (5), a justice
or justices of the supreme court must be elected at the general
election in which justices of the supreme court are to be elected
as provided by law.
(5) If there are fewer nominees for the office of justice of
the supreme court than there are persons to be elected at the
general November election because of the death or disqualification
of a nominee less than 66 days before the general November
election, then a person must not be elected at that general
November election to any office of justice of the supreme court for
which there is no nominee.
Sec. 404. (1) The governor shall appoint a successor to fill
the vacancy in the office of justice of the supreme court. The
person
appointed by the governor shall must
be considered an
incumbent for purposes of this act and shall hold office until 12
noon of January 1 following the next general election, at which a
successor is elected and qualified.
(2)
At Except as otherwise
provided in section 395a(2), at the
next
general November August
primary election held at least 105
days
after the vacancy occurs, a person nominated under section 392
shall
be elected to fill that office. candidates
must be nominated
to fill the vacancy in the manner provided in this chapter for the
nomination of candidates for justice of the supreme court. The
person elected shall hold the office for the remainder of the
unexpired term.
(3) A candidate receiving the highest number of votes for that
office who has subscribed to the oath as provided in section 1 of
article XI of the state constitution of 1963 is considered to be
elected and qualified even though a vacancy occurs before the time
he or she has entered upon the duties of his or her office.
Sec. 534. A general primary of all political parties except as
provided
in sections 532 and 685 shall must
be held in every
election precinct in this state on the Tuesday after the first
Monday in August 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,
lieutenant
governor, United States senator,
representative Senator,
Representative
in congress, Congress, state senator, representative
in the legislature, attorney general, secretary of state, member of
the state board of education, member of the board of regents of the
University of Michigan, member of the board of trustees of Michigan
State University, member of the board of governors of Wayne State
University, 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 must be made only if
the official is to be elected at the next succeeding general
November election.
Sec.
535. A general primary shall must
be held in every
election
precinct in this state on the Tuesday succeeding after the
first
Monday in August preceding before
every general November
election, at which time the qualified and registered voters may
vote for nonpartisan candidates for the office of justice of the
supreme court, 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.
Enacting section 1. Sections 72, 73, 74, 282, 282a, 283, 284,
392, 393, 394, and 395 of the Michigan election law, 1954 PA 116,
MCL 168.72, 168.73, 168.74, 168.282, 168.282a, 168.283, 168.284,
168.392, 168.393, 168.394, and 168.395, are repealed.
Enacting section 2. This amendatory act does not take effect
unless Senate Joint Resolution N ____
of the 99th Legislature becomes a part of
the state constitution of 1963 as provided in section 1 of article
XII of the state constitution of 1963.
