Bill Text: MI SB1050 | 2021-2022 | 101st Legislature | Introduced

Michigan Senate Bill 1050 (Prior Session Legislation)

Introduced

Bill Title: Elections: local; nonpartisan county and township elections; allow under certain circumstances. Amends secs. 192, 193, 197, 200, 253, 254, 258, 261, 345, 349, 355, 370, 370a, 561, 696, 697 & 699 of 1954 PA 116 (MCL 168.192 et seq.) & adds secs. 192a, 193a, 193b, 197a, 200a, 253a, 254a, 254b, 258a, 261a, 345a, 349b, 349c, 356a & 357a.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-05-19 - Referred To Committee On Elections [SB1050 Detail]

Download: Michigan-2021-SB1050-Introduced.html

SENATE BILL NO. 1050

May 19, 2022, Introduced by Senator MCBROOM and referred to the Committee on Elections.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 192, 193, 197, 200, 253, 254, 258, 261, 345, 349, 355, 370, 370a, 561, 696, 697, and 699 (MCL 168.192, 168.193, 168.197, 168.200, 168.253, 168.254, 168.258, 168.261, 168.345, 168.349, 168.355, 168.370, 168.370a, 168.561, 168.696, 168.697, and 168.699), sections 193 and 254 as amended by 2021 PA 146, section 200 as amended by 1998 PA 364, section 349 as amended by 2021 PA 147, section 355 as amended by 2013 PA 51, sections 370 and 370a as amended by 2014 PA 94, section 561 as amended by 2002 PA 163, section 696 as amended by 2017 PA 113, section 697 as amended by 2018 PA 226, and section 699 as amended by 2012 PA 523, and by adding sections 192a, 193a, 193b, 197a, 200a, 253a, 254a, 254b, 258a, 261a, 345a, 349b, 349c, 356a, and 357a.

the people of the state of michigan enact:

Sec. 192. A Except as otherwise provided in section 192a, 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 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 political parties required to nominate candidates at caucuses or conventions.

Sec. 192a. (1) Beginning January 1 of the year of the federal decennial census and continuing until December 31 of the third year following that date, the county board of commissioners of a county with a population of less than 75,000 may adopt a resolution to conduct nonpartisan elections for the offices of county clerk, county treasurer, register of deeds, prosecuting attorney, sheriff, drain commissioner, surveyor, and coroner. If a county board of commissioners adopts a resolution as provided in this section, the resolution takes effect on December 31 of the year in which the resolution is adopted.

(2) If a county board of commissioners adopts a resolution as provided under subsection (1), a general nonpartisan primary election must be held in that county on the Tuesday after the first Monday in August before every general November election at which a county clerk, county treasurer, register of deeds, prosecuting attorney, sheriff, drain commissioner, surveyor, or coroner is to be elected, at which time the qualified and registered electors may vote for the nonpartisan candidates for the office of county clerk, county treasurer, register of deeds, prosecuting attorney, sheriff, drain commissioner, surveyor, or coroner. If upon the expiration of the time for filing petitions or a filing fee for the primary election of the county clerk, county treasurer, register of deeds, prosecuting attorney, sheriff, drain commissioner, surveyor, or coroner it appears that there are not to exceed twice the number of candidates as there are individuals to be elected, then the county clerk shall certify to the county board of election commissioners the names of the candidates for county clerk, county treasurer, register of deeds, prosecuting attorney, sheriff, drain commissioner, surveyor, or coroner whose petitions have been properly filed and those candidates must be so certified. As to that office, there must not be a primary election and this office must be omitted from the primary ballot.

Sec. 193. (1) To Except as otherwise provided in section 193a, to obtain the printing of the name of an individual as a candidate for nomination by a political party for an office named in section 191 under a particular party heading upon the official primary ballots, there must 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 must be in the form prescribed in section 544c. The county clerk shall receive nominating petitions up to 4 p.m. of the fifteenth Tuesday before the August primary.

(2) To Except as otherwise provided in section 193a, to obtain the printing of the name of a candidate of a political party under the particular party's heading upon 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 nonrefundable 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 are governed by the same provisions as in the case of nominating petitions. The fee must be deposited in the general fund of the county and must be used only for the purchase and maintenance of voting equipment.

Sec. 193a. (1) This section only applies if a county board of commissioners adopts a resolution as provided in section 192a.

(2) Subject to subsection (3), to obtain the printing of the name of an individual as a candidate for nomination for the office of county clerk, county treasurer, register of deeds, prosecuting attorney, sheriff, drain commissioner, surveyor, or coroner upon the official nonpartisan primary ballots, there must 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 must be in the form prescribed in section 544a. The county clerk shall receive nominating petitions up to 4 p.m. of the fifteenth Tuesday before the August primary.

(3) Instead of filing nominating petitions, a candidate for county clerk, county treasurer, register of deeds, prosecuting attorney, sheriff, drain commissioner, surveyor, or coroner may pay a nonrefundable filing fee of $100.00 to the county clerk. Payment of the filing fee and certification of the candidate's name paying the filing fee are governed by the same provisions as in the case of nominating petitions. The fee must be deposited in the general fund of the county.

(4) The nominating petition signatures filed under this section are subject to challenge as provided in section 552.

Sec. 193b. (1) This section only applies if a county board of commissioners adopts a resolution as provided in section 192a.

(2) There must be printed upon the ballot under the name of each incumbent county clerk, county treasurer, register of deeds, prosecuting attorney, sheriff, drain commissioner, surveyor, or coroner who is a candidate for nomination or election to the same office the designation of that office.

Sec. 197. The Except as otherwise provided in section 197a, the candidates of each political party for the offices named in section 191 of this act receiving the greatest number of votes cast for said those offices, as set forth in the reports of the board of county canvassers, based on the returns from the various election precincts, or as determined by said the board as the result of a recount, shall must be declared the nominees of that political party for said those offices at the next ensuing November election. The board of county canvassers shall forthwith certify such the nominations to the county election commission.

Sec. 197a. (1) This section only applies if a county board of commissioners adopts a resolution as provided in section 192a.

(2) The candidates for the office of county clerk, county treasurer, register of deeds, prosecuting attorney, sheriff, drain commissioner, surveyor, or coroner receiving the largest number of votes at a primary election, to a number equal to twice the number of places to be filled as set forth in the report of the board of county canvassers, based on the returns from the various election precincts or as determined by the board of county canvassers as a result of a recount, must be declared the nominees for the office of county clerk, county treasurer, register of deeds, prosecuting attorney, sheriff, drain commissioner, surveyor, or coroner at the next November election. The board of county canvassers shall certify the nominations to the county election commission.

Sec. 200. (1) A Except as otherwise provided in section 200a, a county clerk, a county treasurer, a register of deeds, a prosecuting attorney, a sheriff, a drain commissioner, and a surveyor shall must be elected at the 2000 general November election and every fourth year after that. However, in a county in which 1 of these offices is abolished or combined as provided by law, no person an individual shall not be elected to that office in that county.

(2) Subject to subsections (3), (4), and (5), a county board of commissioners may by resolution combine the offices of county clerk and register of deeds in 1 office of the clerk register or separate the office of the clerk register into the offices of county clerk and register of deeds. A combination or separation of offices shall does not take effect before the expiration of the current term of the affected offices.

(3) Before adopting a resolution to combine the offices of county clerk and register of deeds or separate the office of clerk register into the offices of county clerk and register of deeds, a county board of commissioners shall study the question of combining or separating the offices. The mandatory requirements of this subsection may be satisfied by conducting a public hearing pursuant to under subsection (4).

(4) The county board of commissioners as a whole body shall hold not less than 1 public hearing, held subject to the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, on the question of combining or separating the offices of county clerk and register of deeds. The county board of commissioners may vote on the question as a regularly scheduled agenda item not less than 10 days or more than 30 days after the last public hearing held by the county board of commissioners on the question.

(5) Not later than the sixth Tuesday before the deadline for filing the nominating petitions for the office of county clerk, register of deeds, or clerk register, the county board of commissioners may by a vote of 2/3 of the commissioners elected and serving combine the offices of county clerk and register of deeds or separate the office of the clerk register. The resolution shall become becomes effective upon the commencement of the next term of office of the county clerk, register of deeds, or clerk register after the adoption of the resolution.

Sec. 200a. (1) This section only applies if a county board of commissioners adopts a resolution as provided in section 192a.

(2) If there are fewer nominees for the office of county clerk, county treasurer, register of deeds, prosecuting attorney, sheriff, drain commissioner, surveyor, or coroner than there are individuals to be elected because of the death or disqualification of a nominee less than 66 days before the general November election, then an individual must not be elected at that general November election for that office for which there is no nominee.

Sec. 253. A Except as otherwise provided in section 253a, a general primary election of all political parties shall be held on the Tuesday succeeding after the first Monday in August preceding 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. 253a. (1) Beginning January 1 of the year of the federal decennial census and continuing until December 31 of the third year following that date, the county board of commissioners of a county with a population of less than 75,000 may adopt a resolution to conduct nonpartisan elections for the office of county road commissioner. If a county board of commissioners adopts a resolution as provided in this section, the resolution takes effect on December 31 of the year in which the resolution is adopted.

(2) If a county board of commissioners adopts a resolution as provided under subsection (1), a general nonpartisan primary election must be held in that county on the Tuesday after the first Monday in August before every general November election at which county road commissioners are to be elected, at which time the qualified and registered electors may vote for the nonpartisan candidates for the office of county road commissioner. If upon the expiration of the time for filing petitions or a filing fee for the primary election of the county road commissioners it appears that there are not to exceed twice the number of candidates as there are individuals to be elected, then the county clerk shall certify to the county board of election commissioners the names of the candidates for county road commissioner whose petitions have been properly filed and those candidates must be so certified. As to that office, there must not be a primary election and this office must be omitted from the primary ballot.

Sec. 254. (1) To Except as otherwise provided in section 254a, to obtain the printing of the name of an individual as a candidate for nomination by a political party for the office of county road commissioner under a particular party heading upon the official primary ballots, there must 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 must be in the form prescribed in section 544c. The county clerk shall receive nominating petitions up to 4 p.m. of the fifteenth Tuesday before the August primary in which county road commissioners are to be elected.

(2) To Except as otherwise provided in section 254a, to obtain the printing of the name of a candidate of a political party under the particular party's heading upon 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 nonrefundable 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 are governed by the same provisions as in the case of nominating petitions. The fee must be deposited in the general fund of the county and must be used only for the purchase and maintenance of voting equipment.

Sec. 254a. (1) This section only applies if a county board of commissioners adopts a resolution as provided in section 253a.

(2) Subject to subsection (3), to obtain the printing of the name of an individual as a candidate for nomination for the office of county road commissioner upon the official nonpartisan primary ballots, there must 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 must be in the form prescribed in section 544a. The county clerk shall receive nominating petitions up to 4 p.m. of the fifteenth Tuesday before the August primary.

(3) Instead of filing nominating petitions, a candidate for county road commissioner may pay a nonrefundable filing fee of $100.00 to the county clerk. Payment of the filing fee and certification of the candidate's name paying the filing fee are governed by the same provisions as in the case of nominating petitions. The fee must be deposited in the general fund of the county.

(4) The nominating petition signatures filed under this section are subject to challenge as provided in section 552.

Sec. 254b. (1) This section only applies if a county board of commissioners adopts a resolution as provided in section 253a.

(2) There must be printed upon the ballot under the name of each incumbent county road commissioner who is a candidate for nomination or election to the same office the designation of that office.

Sec. 258. The Except as otherwise provided in section 258a, the candidate of each political party for the office of county road commissioner receiving the greatest number of votes cast for candidates for said that office, as set forth in the report of the board of county canvassers, based on the returns from the various election precincts, or as determined by said the board as the result of a recount, shall must be declared the nominee of that political party for said the office of county road commissioner at the next ensuing November election, and the board of county canvassers shall forthwith certify such the nomination to the county election commission.

Sec. 258a. (1) This section only applies if a county board of commissioners adopts a resolution as provided under section 253a.

(2) The candidates for the office of county road commissioner receiving the largest number of votes at a primary election, to a number equal to twice the number of places to be filled as set forth in the report of the board of county canvassers, based on the returns from the various election precincts or as determined by the board of county canvassers as a result of a recount, must be declared the nominees for the office of county road commissioner at the next November election. The board of county canvassers shall certify the nominations to the county election commission.

Sec. 261. A Except as provided in section 261a, a county road commissioner shall must be elected at the general election to be held on the Tuesday succeeding after the first Monday of November in every even numbered year.

Sec. 261a. (1) This section only applies if a county board of commissioners adopts a resolution as provided in section 253a.

(2) If there are fewer nominees for the office of county road commissioner than there are individuals to be elected because of the death or disqualification of a nominee less than 66 days before the general November election, then an individual must not be elected at that general November election for that office for which there is no nominee.

Sec. 345. A Except as otherwise provided in section 345a, a primary of all political parties shall must be held in every organized township of 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 electors of each political party may vote for party candidates for township offices.

Sec. 345a. (1) Beginning January 1 of the year of the federal decennial census and continuing until December 31 of the third year following that date, the board of trustees of a township with a population of less than 75,000 may adopt a resolution to conduct nonpartisan elections for the offices of supervisor, clerk, treasurer, or trustee. If a board of trustees of a township adopts a resolution as provided in this section, the resolution takes effect on December 31 of the year in which the resolution is adopted.

(2) If a board of trustees adopts a resolution as provided under subsection (1), a general nonpartisan primary must be held in that township on the Tuesday after the first Monday in August before every general November election at which a township supervisor, clerk, treasurer, and trustees are to be elected, at which time the qualified and registered electors may vote for nonpartisan candidates for the offices of township supervisor, clerk, treasurer, and trustee. If upon the expiration of the time for filing petitions for the nonpartisan primary election of a township office described in this section it appears that there are not to exceed twice the number of candidates as there are individuals to be elected, then the township clerk shall certify to the county clerk the names of the candidates for that township office whose petitions have been properly filed and those candidates are the nominees for that township office and must be so certified. As to that township office, there must not be a primary election and this township office must be omitted from the primary ballot.

Sec. 349. (1) To Except as otherwise provided in section 349b, to obtain the printing of the name of an individual as a candidate for nomination by a political party for a township office under the particular party heading upon the official primary ballots, there must 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 must be in the form prescribed in section 544c. The township clerk shall receive nominating petitions up to 4 p.m. of the fifteenth Tuesday before the August primary.

(2) To Except as otherwise provided in section 349b, to obtain the printing of the name of a candidate of a political party under the particular party's heading upon the primary election ballots in the various voting precincts of the township, there may be filed by the candidate, in lieu of filing nominating petitions, a nonrefundable filing fee of $100.00 to be paid to the township clerk. Payment of the fee and certification of the candidate's name paying the fee are governed by the same provisions as in the case of nominating petitions. The fee must be deposited in the general fund of the township and must be used only for the purchase and maintenance of voting equipment.

(3) Within Except as otherwise provided in section 349b, within 4 days after the last day for filing nominating petitions or a filing fee, 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. 349b. (1) This section only applies if a board of trustees of a township adopts a resolution as provided in section 345a.

(2) To obtain the printing of the name of an individual as a candidate for nomination for a township office described in section 345a upon the official nonpartisan primary ballots, there must be filed with the township clerk nominating petitions signed by a number of qualified and registered electors residing within the township determined under section 544f. Nominating petitions must be in the form prescribed in section 544a. The township clerk shall receive nominating petitions up to 4 p.m. of the fifteenth Tuesday before the August primary.

(3) Instead of filing nominating petitions, a candidate for a township office described in section 345a may pay a nonrefundable filing fee of $100.00 to the township clerk. Payment of the fee and certification of the candidate's name paying the fee are governed by the same provisions as in the case of nominating petitions. The fee must be deposited in the general fund of the township.

(4) 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 office sought for each candidate who has qualified for a position on the nonpartisan primary ballot.

Sec. 349c. (1) This section only applies if a board of trustees of a township adopts a resolution as provided in section 345a.

(2) There must be printed upon the ballot under the name of each incumbent township supervisor, clerk, treasurer, or trustee who is a candidate for nomination or election to the same office the designation of that office.

Sec. 355. (1) The Except as otherwise provided in section 356a, the candidate or candidates of each political party to a township office receiving the greatest number of votes cast for candidates of that office, as set forth in the report of the board of county canvassers, based on the returns from the various election precincts, or as determined by the board of county canvassers as the result of a recount, shall must be declared the nominee or nominees of that political party for that office at the next ensuing November election. The board of county canvassers shall certify the nomination or nominations to the township clerk within 48 hours after the polls close.

(2) Within 4 days following the primary, the township clerk shall deliver to the county clerk a list setting forth the names, addresses, political affiliation, and office sought of all candidates nominated at the primary.

Sec. 356a. (1) This section only applies if a board of trustees of a township adopts a resolution as provided in section 345a.

(2) The candidates for each township office described in section 345a receiving the largest number of votes at a nonpartisan primary election, to a number equal to twice the number of places to be filled as set forth in the report of the board of township canvassers, based on the returns from the various election precincts or as determined by the board of county canvassers as the result of a recount, must be declared the nominees for those township offices at the next November election. The board of county canvassers shall certify the nominations to the township clerk within 48 hours after the closing of the polls.

(3) Within 4 days following the nonpartisan primary, the township clerk shall deliver to the county clerk a list setting forth the name, address, and office sought of each candidate nominated at the nonpartisan primary.

Sec. 357a. (1) This section only applies if a board of trustees of a township adopts a resolution as provided in section 345a.

(2) If there are fewer nominees for the office of supervisor, clerk, treasurer, or trustee than there are individuals to be elected because of the death or disqualification of a nominee less than 66 days before the general November election, then an individual must not be elected at that general November election for that office for which there is no nominee.

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 must be filled by appointment by the township board, and the person individual 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 an individual 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 Except as otherwise provided in this subsection, 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. If a board of trustees of a township adopts a resolution as provided in section 345a, to obtain the printing upon the special election ballot of the name of an individual as a candidate for a vacant township office, there must be filed with the township clerk nominating petitions, in the form prescribed in section 544a, signed by a number of qualified and registered electors residing within the township determined under section 544f. If a board of trustees of a township adopts a resolution as provided in section 345a, the township clerk shall receive nominating petitions for a vacant township office up to 4 p.m. on the fifteenth calendar day after the county clerk calls a special election under this section, and 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 and address of each candidate who has qualified to be placed on the special election ballot for that vacant township office. The special election shall must 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 primary or the general November election. Notice of the special election shall must 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 An individual 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 will be filled by appointment. If the township board does not fill the vacancy by appointment, the office of township constable shall remain remains vacant until the next general or special election in which township offices are filled.

Sec. 370a. Notwithstanding the provisions of section 370, if a vacancy occurs in an elective or appointive township office, which vacancy is filled by appointment by the township board or the board of county election commissioners and the vacancy occurs more than 7 days before the nominating petition filing deadline as provided in section 349 or 349b for the general November election that is not the general November election at which a successor in office would be elected if no vacancy, then the person individual appointed shall hold office only until a successor is elected at the next general November election in the manner provided by law and qualifies for office. The successor shall hold the office for the remainder of the unexpired term.

Sec. 561. (1) The ballots prepared by the board of election commissioners in each county for use by the electors of a political party at a primary election shall must include the name of each candidate of the political party for the office of governor, United States senator, Senator, and district offices; for the county, the name of each candidate of the political party for county offices; and for each township, the name of each candidate of the political party for township offices.

(2) If, in a district that is a county or entirely within 1 county, 2 or more candidates, including candidates for nonpartisan offices, for the same office have the same or similar surnames, a candidate may file a written request with the board of county election commissioners for a clarifying designation. The request shall must be filed not later than 3 days after the last date for filing nominating petitions. Not later than 3 days after the filing of the request, the board of county election commissioners shall determine whether a similarity exists and whether a clarifying designation should be granted. In a district located in more than 1 county, the board of state canvassers shall make a determination whether to grant a clarifying designation upon the written request of a candidate who files nominating petitions with the secretary of state. The request shall must be filed with the state board of canvassers not later than 5 days after the last date for filing nominating petitions. The board of state canvassers shall make its determination at the same time it makes a declaration of the sufficiency or insufficiency of nominating petitions in compliance with section 552.

(3) In each instance, the determining board shall immediately notify each candidate for the same office as the requester that a request for a clarifying designation has been made and of the date, time, and place of the hearing. The requester and each candidate for the same office shall must be notified of the board's determination by first-class mail sent within 24 hours after the final date for the determination. A candidate who is dissatisfied with the determination of the board of county election commissioners may file an appeal in the circuit court of the county where the board is located. A candidate who is dissatisfied with the determination of the board of state canvassers may file an appeal in the Ingham county County circuit court. The appeal shall must be filed within 14 days after the final date for determination by the board. The court shall hear the matter de novo. Except as provided in subsection (4), in the case of the same surname or of a final determination by the board or by the court before the latest date that the board can arrange the ballot printing of the existence of similarity, the board shall print the occupation, date of birth, or residence of each of the candidates on the ballot or ballot labels under their respective names. The term "occupation" includes a currently held political office, even though it is not the candidate's principal occupation, but does not include reference to a previous position or occupation.

(4) If there are 2 candidates with the same or similar surnames and 1 of the candidates is entitled to an incumbency designation by section 24 of article VI of the state constitution of 1963 or section 193b, 254b, or 349c, no other designation shall be provided for the other candidate with the same or similar surname. If there are more than 2 candidates with the same or similar surname and 1 of the candidates is entitled to an incumbency designation by section 24 of article VI of the state constitution of 1963 or section 193b, 254b, or 349c, a clarifying designation may be given to the other candidates with the same or similar surname. Except for an incumbency designation under section 24 of article VI of the state constitution of 1963 or section 193b, 254b, or 349c, if 2 or more candidates with the same or similar surnames are related, the board shall only print the residence or date of birth of each of the candidates as a clarifying designation. As used in this subsection, "related" means that the candidates with the same or similar surnames are related within the third degree of consanguinity.

(5) The board of state canvassers shall issue guidelines to ensure fairness and uniformity in the granting of designations and may issue guidelines relating to what constitutes the same or similar surnames. The board of state canvassers and the boards of county election commissioners shall must follow the guidelines.

Sec. 696. (1) The board of election commissioners in each county shall have the name of each candidate for federal, state, district, county, and township offices at an election printed on 1 ballot, separate from any other ballot. The name of each candidate of each political party must be placed under the name of the office for which the candidate was certified to have been nominated along with the political party name under the candidate's name.

(2) If, in a district that is a county or entirely within 1 county, 2 or more candidates nominated by the same political party or by different political parties for the same office, or nonpartisan candidates for the same office, have the same or similar surnames, a candidate may file a written request with the board of county election commissioners for a clarifying designation. The request must be filed not later than 3 days after the certification of the relevant candidates. Not later than 3 days after the filing of the request, the board of county election commissioners shall determine whether a similarity exists and whether a clarifying designation should be granted. In a district located in more than 1 county, the board of state canvassers shall make a determination whether to grant a clarifying designation upon the written request of a candidate who is certified by the secretary of state. The request must be filed with the board of state canvassers not later than 3 days after the board of state canvassers completes the canvass of the primary election in compliance with section 581 and the certification of nominees in compliance with section 687. The board of state canvassers shall make its determination not later than 3 days after the request is filed.

(3) In each instance, the determining board shall immediately notify each candidate for the same office as the requester that a request for a clarifying designation has been made and of the date, time, and place of the hearing. The requester and each candidate for the same office must be notified of the board's determination by first-class mail sent within 24 hours after the final date for the determination. A candidate who is dissatisfied with the determination of the board of county election commissioners may file an appeal in the circuit court of the county where the board is located. A candidate who is dissatisfied with the determination of the board of state canvassers may file an appeal in the Ingham County circuit court. The appeal must be filed within 14 days after the final date for determination by the board. The court shall hear the matter de novo. Except as provided in subsection (4), in the case of the same surname or of a final determination by the board or by the court before the latest date that the board can arrange for the ballot printing of the existence of similarity, the board shall print the occupation, date of birth, or residence of each of the candidates having the same or similar surnames on the ballot or ballot labels or slips to be placed on the voting machine, when used, under their respective names. The request may not be made by a candidate of a political party whose candidate for secretary of state received less than 10% of the total vote cast in the state for all candidates for secretary of state in the most recent November election in which a secretary of state was elected. As used in this subsection, "occupation" includes a currently held political office, even though it is not the candidate's principal occupation, but does not include reference to a previous position or occupation.

Sec. 697. At Except as otherwise provided under section 699(2), at the general November election, the names of the several offices to be voted for must be placed on the ballot substantially in the following order in the years in which elections for those offices are held: Electors of President and Vice President of the United States; governor and lieutenant governor; secretary of state; attorney general; United States Senator; Representative in Congress; senator and representative in the state legislature; members of the state board of education; regents of the University of Michigan; trustees of Michigan State University; governors of Wayne State University; county executive; prosecuting attorney; sheriff; clerk; treasurer; register of deeds; mine inspector in counties electing a mine inspector; county road commissioners; drain commissioners; coroners; and surveyor. The Except as otherwise provided under section 699(3), the following township officers must be placed on the same ballot as above described in substantially the following order in the year in which elections for those offices are held: supervisor, clerk, treasurer, trustees, and constables.

Sec. 699. (1) At Subject to subsections (2) and (3), at any regular election, the names of the several nonpartisan offices to be voted for shall be placed on a separate portion of the ballot containing no party designation in the following order: justices of the supreme court, judges of the court of appeals, judges of the circuit court, judges of the probate court, judges of the district court, community college board of trustees member, intermediate school district board member, city officers, the following village officers in substantially the following order in the year in which elections for the offices are held: president, clerk, treasurer, and trustees, and in a year in which an election for the office is held, local school district board member, metropolitan district officer, and district library board member.

(2) If a county board of commissioners adopts a resolution as provided in section 192a or 253a, the names of the nonpartisan county offices to be voted for must be placed on a separate portion of the ballot containing no party designation as provided in subsection (1) and must appear after intermediate school district board members and before city officers.

(3) If a board of trustees of a township adopts a resolution as provided in section 345a, the names of the nonpartisan township offices to be voted for must be placed on a separate portion of the ballot containing no party designation as provided in subsection (1) and must appear after city officers and before village officers.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.