HOUSE BILL No. 5091


     September 25, 1997, Introduced by Rep. Nye and referred to the Committee on Local Government.


        A bill to amend 1954 PA 116, entitled

   "Michigan election law,"

   by amending section 558 (MCL 168.558), as amended by 1996 PA

   583.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 558.  (1) A candidate filing nominating petitions or a

 2    filing fee for a county, state, national, city, township, vil-

 3    lage, or school district office in any election, at the time of

 4    filing the nominating petitions or filing fee, shall file with

 5    the officer with whom the petitions or fee is filed 2 copies of

 6    an affidavit.  The affidavit shall contain the candidate's name;

 7    address; ward and precinct where registered, if qualified to vote

 8    at that election; number of years of residence in the state and

 9    county; and other information that may be required to satisfy the

10    officer as to the identity of the candidate.  If a candidate


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 1    files the affidavit with an officer other than the county clerk

 2    or secretary of state, the officer shall immediately forward to

 3    the county clerk 1 copy of the affidavit by first class mail.

 4    The county clerk shall immediately forward 1 copy of the affida-

 5    vit for state and national candidates to the secretary of state

 6    by first class mail.  A candidate filing a nominating petition

 7     or filing fee for an elective office under this act, at the time

 8     of filing the affidavit under this subsection, shall present to

 9     the filing official a birth certificate, naturalization papers,

10     or a passport as proof of citizenship.  An officer shall not cer-

11    tify to the board of election commissioners the name of any can-

12    didate who fails to comply with this section.  A copy of the

13     proof of citizenship presented under this subsection shall be

14     kept on file by the filing official. 

15         (2) If petitions or filing fees are filed by or in behalf of

16    a candidate for more than 1 office, either national, state,

17    county, city, village, township, or school district, the terms of

18    which run concurrently or overlap, the candidate so filing, or in

19    behalf of whom petitions or fees were so filed, shall select the

20    1 office to which his or her candidacy is restricted within 3

21    days after the last day for the filing of petitions or filing

22    fees unless the petitions or filing fees are filed for 2 offices

23    that are combined or for offices that are not incompatible.

24    Failure to make the selection disqualifies a candidate with

25    respect to any office for which petitions or fees were so filed

26    and the name of the candidate shall not be printed upon the

27    ballot for those offices.  A vote cast for that candidate at the



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 1    primary or general election ensuing shall not be counted and

 2    shall be void.




















































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