WRITE-IN CANDIDATE REQ. H.B. 4449 (H-2): FLOOR ANALYSIS
House Bill 4449 (Substitute H-2 as reported without amendment) Sponsor: Representative Beverly Hammerstrom
House Committee: Local Government Senate Committee: Government Operations
The bill would add a section to the Michigan Election Law to establish certain requirements for write-in candidates for elective office and for precinct delegate; and require the Secretary of State to prescribe forms for a declaration of intent to be a write-in candidate.
The bill would prohibit the Board of Election Inspectors from counting a write-in vote for any person unless that person had filed a declaration of intent to be a write-in candidate. The write-in candidate would have to file the declaration of intent with the filing official for that elective office by 4 p.m. on the Friday immediately preceding the election. The Secretary of State, immediately after the 4 p.m. deadline, would have to prepare and deliver to the appropriate county clerks a list of all persons who had filed a declaration of intent to be a write-in candidate, if any. A filing official other than the Secretary of State who received a declaration of intent, or a list of persons who filed a declaration of intent, from another filing official, would have to prepare a list of all persons who filed a declaration of intent to be a write-in candidate and deliver the list to the Board of Election Inspectors in the appropriate precincts before the close of the polls on election day.
If a candidate whose name was printed on the official ballot for the election died or were otherwise disqualified on or after the Wednesday immediately preceding the election, the requirement of filing a declaration of intent to be a write-in candidate would not apply. If a death or disqualification had occurred, the Board of Election Inspectors would have to count all write-in votes for write-in candidates for the office sought by the deceased or disqualified candidate.
The Secretary of State would have to prescribe forms for the declaration of intent. Clerks would have to maintain a supply of declaration of intent forms in the clerks’ offices and make the forms available in the polling places during the August primary. The declaration of intent form would have to include the name of the person intending to be a write-in candidate; the elective office that the person sought as write-in candidate; the residence address of the person seeking elective office as a write-in candidate; and any other information the Secretary of State considered appropriate.
Proposed MCL 168.737a Legislative Analyst: G. Towne
The bill would have a minimal fiscal impact on the Department of State for developing the forms for write-in candidates, preparing lists of write-in candidates, and delivering lists to county clerks.
Local government savings would result from not having to count write-in votes for individuals who did not file declarations of intent to be a write-in candidate. Local officials report that these savings would more than offset costs associated with declaration of intent forms.
Date Completed: 11-26-96 Fiscal Analyst: B. Bowerman
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This Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.