HOUSE BILL No. 4408


     March 11, 1999, Introduced by Reps. Mortimer, Garcia, Vear, Mead, Pumford, DeRossett, Bishop, Koetje, Richner, Faunce and Jansen and referred to the Committee on Constitutional Law and Ethics.


        A bill to amend 1954 PA 116, entitled

   "Michigan election law,"

   by amending sections 614a and 615a (MCL 168.614a and 168.615a),

   section 614a as added by 1988 PA 275 and section 615a as amended

   by 1995 PA 87.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 614a.  (1) Not later than 4 p.m. of the  second  THIRD

 2    Friday in  December  NOVEMBER of the year before the presidential

 3    election, the secretary of state shall issue a list of the indi-

 4    viduals generally advocated by the national news media to be

 5    potential presidential candidates for each party's nomination by

 6    the political parties for which a presidential primary election

 7    will be held under section 613a.

 8         (2) Not later than 4 p.m. of the Tuesday following the

 9     second  THIRD Friday in  December  NOVEMBER of the year before


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 1    the presidential election, the state chairperson of each

 2    political party for which a presidential primary election will be

 3    held under section 613a shall file with the secretary of state a

 4    list of individuals whom they consider to be potential presiden-

 5    tial candidates for that political party.

 6         (3) After the issuance of the list under subsection (1) and

 7    after receipt of names from the state chairperson of each politi-

 8    cal party under subsection (2), the secretary of state shall

 9    notify each potential presidential candidate on the lists of the

10    provisions of this act relating to the presidential primary

11    election.

12         Sec. 615a.  (1) Except as otherwise provided in this sec-

13    tion, the secretary of state shall cause THE NAME OF A PRESIDEN-

14    TIAL CANDIDATE NOTIFIED BY THE SECRETARY OF STATE UNDER SECTION

15    614A to be printed on the PRESIDENTIAL PRIMARY ballot  for the

16     presidential primary  under the appropriate political party

17    heading.  the name of a presidential candidate notified by the

18     secretary of state under section 614a.  A presidential candidate

19    notified by the secretary of state under section 614a may file an

20    affidavit with the secretary of state indicating his or her party

21    preference if different than the party preference contained in

22    the secretary of state notification and the secretary of state

23    shall cause that presidential candidate's name to be printed

24    under the appropriate party heading on the presidential primary

25    ballot.  A presidential candidate notified by the secretary of

26    state under section 614a may file an affidavit with the secretary

27    of state indicating that he or she does not wish to have his or



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 1    her name printed on the presidential primary ballot and the

 2    secretary of state shall not have that presidential candidate's

 3    name printed on the presidential primary ballot.  A presidential

 4    candidate  notified by the secretary of state under section 614a 

 5    shall file an affidavit described in this subsection with the

 6    secretary of state no later than 4 p.m. on the  second  THIRD

 7    Friday in  January in a  DECEMBER OF THE YEAR BEFORE THE

 8    presidential election year OR THE AFFIDAVIT IS CONSIDERED VOID.

 9         (2) The name of an individual who is not listed as a poten-

10    tial presidential candidate under section 614a shall be printed

11    on the ballot for the presidential primary under the appropriate

12    political party heading if he or she files a nominating petition

13    with the secretary of state no later than 4 p.m. on the  second 

14    THIRD Friday in  January in a  DECEMBER OF THE YEAR BEFORE THE

15    presidential election year.  The nominating petition shall con-

16    tain valid signatures of registered and qualified electors equal

17    to not less than 1/2 of 1% of the total votes cast in the state

18    at the previous presidential election for the presidential candi-

19    date of the political party for which the individual is seeking

20    this nomination.  However, the total number of signatures

21    required on a nominating petition under this subsection shall not

22    exceed 1,000 times the total number of congressional districts in

23    this state.  A signature on a nominating petition is not valid if

24    obtained before  November  OCTOBER 1 of the year before the pres-

25    idential election year in which the individual seeks nomination.

26     The  TO BE VALID, A nominating  petitions shall  PETITION MUST

27    conform to the requirements of this act regarding nominating



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 1    petitions,  which  BUT ONLY TO THE EXTENT THAT THOSE requirements

 2     are not inconsistent  DO NOT CONFLICT with THE REQUIREMENTS OF

 3    this subsection.

 4         (3) The names of the presidential candidates under each

 5    political party heading shall be rotated on the ballot.  The

 6    ballot shall contain a space for an elector to vote uncommitted.

 7         Enacting section 1.  This amendatory act does not take

 8    effect unless Senate Bill No. 51 of the 90th Legislature is

 9    enacted into law.






































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