House Introduced Bill 5960

HOUSE BILL No. 5960

September 26, 2000, Introduced by Rep. Hanley and referred to the Committee on Constitutional Law and Ethics.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 53, 54, 93, 94, 133, 134, 163, 164, 193,

194, 224, 225, 254, 256, 322, 322a, 349, and 351 (MCL 168.53,

168.54, 168.93, 168.94, 168.133, 168.134, 168.163, 168.164,

168.193, 168.194, 168.224, 168.225, 168.254, 168.256, 168.322,

168.322a, 168.349, and 168.351), sections 53, 163, 193, 224, 254,

322, and 349 as amended by 1999 PA 218, sections 93 and 133 as

amended by 1996 PA 583, and section 164 as amended by 1990 PA 7.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1
Sec. 53. To obtain the printing of IN ORDER FOR the name

2
of a person as a candidate for nomination by a political party

3
for the office of governor TO APPEAR under a particular party

4
heading upon ON the official primary ballots, there shall be

5
filed with the secretary of state nominating petitions BALLOT, A

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2

1
NOMINATING PETITION SHALL BE signed by a number of qualified and

2
registered electors residing in this state as determined under

3
section 544f. Nominating petitions THE NOMINATING PETITION

4
shall be signed by at least 100 registered resident electors in

5
each of at least 1/2 of the congressional districts of the

6
state. Nominating petitions A NOMINATING PETITION shall be in

7
the form as prescribed in section 544c . Nominating petitions

8
AND shall be received by FILED WITH the secretary of state for

9
filing in accordance with this act up to NO LATER THAN 4 p.m. of

10
the twelfth SIXTEENTH Tuesday preceding BEFORE the
August

11
primary IF A CANDIDATE IS THE INCUMBENT, AND NO LATER THAN

12
4 P.M. OF THE TWELFTH TUESDAY BEFORE THE AUGUST PRIMARY IF A CAN-

13
DIDATE IS NOT THE INCUMBENT.

14
Sec. 54. After the filing of a nominating petition by or in

15
behalf of a proposed candidate for governor, such THE candidate

16
shall IS not be permitted to withdraw unless a written
notice

17
of withdrawal is served on the secretary of state or his OR HER

18
duly authorized agent not NO later than 4 p.m., eastern stan-

19
dard time, of the third day after the last day for filing such

20
petitions THE NOMINATING PETITION FOR THE PARTICULAR CANDIDATE.

21
Sec. 93. To obtain the printing of IN ORDER FOR the name

22
of a person as a candidate for nomination by a political party

23
for the office of United States senator TO APPEAR under a partic-

24
ular party heading upon ON the official primary ballots,

25
there BALLOT, A NOMINATING PETITION shall be filed with the sec-

26
retary of state. nominating petitions THE NOMINATING PETITION

27
SHALL BE signed by a number of qualified and registered electors

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1
residing within this state equal to not less than 1% or more than

2
2% of the number of votes cast by the party for secretary of

3
state at the last general November election in which a secretary

4
of state was elected. The petitions NOMINATING PETITION shall

5
be signed by at least 100 qualified and registered electors in

6
each of at least 1/2 of the congressional districts of the THIS

7
state. Nominating petitions shall be in the form as prescribed

8
in section 544c. The petitions NOMINATING PETITION shall be

9
received by FILED WITH the secretary of state for filing in

10
accordance with this act up to NO LATER THAN 4 p.m. of the

11
twelfth SIXTEENTH Tuesday preceding BEFORE the August
primary

12
IF A CANDIDATE IS THE INCUMBENT, AND NO LATER THAN 4 P.M. OF THE

13
TWELFTH TUESDAY BEFORE THE AUGUST PRIMARY IF A CANDIDATE IS NOT

14
THE INCUMBENT.

15
Sec. 94. After the filing of a nominating petition by or in

16
behalf of a proposed candidate for United States senator, such

17
THE candidate shall IS not be permitted to withdraw
unless a

18
written notice of withdrawal is served on the secretary of state

19
or his OR HER duly authorized agent not NO later than

20
4 o'clock P.M., eastern standard time, in the afternoon
of

21
the third day after the last day for filing such petitions THE

22
NOMINATING PETITION FOR THE PARTICULAR CANDIDATE.

23
Sec. 133. To obtain the printing of IN ORDER FOR the name

24
of a person as a candidate for nomination by a political party

25
for the office of representative in congress TO APPEAR under a

26
particular party heading upon ON the official primary ballots

27
BALLOT in the various election precincts of a congressional

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1
district, there shall be filed nominating petitions A

2
NOMINATING PETITION SHALL BE signed by a number of qualified and

3
registered electors residing in the district equal to not less

4
than 1% or more than 2% of the number of votes cast by the party

5
in the district for secretary of state at the last general

6
November election in which a secretary of state was elected. If

7
the congressional district comprises more than 1 county, the nom-

8
inating petitions PETITION shall be filed with the secretary of

9
state. If the congressional district comprises IS WITHIN 1

10
county, or less, the nominating petitions PETITION
shall be

11
filed with the county clerk of that county. Nominating petitions

12
shall be in the form as prescribed in section 544c. The

13
NOMINATING PETITION SHALL BE FILED WITH THE secretary of state

14
and the various county clerks shall receive nominating petitions

15
for filing in accordance with this act up to OR COUNTY CLERK NO

16
LATER THAN 4 p.m. of the twelfth SIXTEENTH Tuesday preceding

17
BEFORE the August primary IF A CANDIDATE IS THE INCUMBENT, AND NO

18
LATER THAN 4 P.M. OF THE TWELFTH TUESDAY BEFORE THE AUGUST PRI-

19
MARY IF A CANDIDATE IS NOT THE INCUMBENT.

20
Sec. 134. After the filing of a nominating petition by or

21
in behalf of a proposed candidate for representative in congress,

22
such THE candidate shall IS not be
permitted to withdraw

23
unless a written notice of withdrawal is served on the official

24
with whom the petition was filed or his OR HER duly authorized

25
agent not NO later than 4 o'clock P.M., eastern
standard

26
time, in the afternoon of the third day after the last day for

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1
filing such petitions THE NOMINATING PETITION FOR THE

2
PARTICULAR CANDIDATE.

3
Sec. 163. (1) To obtain the printing of EXCEPT AS PRO-

4
VIDED IN SUBSECTION (2), IN ORDER FOR the name of a person as a

5
candidate for nomination by a political party for the office of

6
state senator or STATE representative TO APPEAR under a particu-

7
lar party heading upon ON the official primary ballots in the

8
various election precincts of a district, there shall be filed

9
nominating petitions BALLOT, A NOMINATING PETITION SHALL BE

10
signed by a number of qualified and registered electors residing

11
in the district as determined under section 544f. If the dis-

12
trict comprises more than 1 county, the nominating petitions

13
PETITION shall be filed with the secretary of state. If the dis-

14
trict comprises IS WITHIN 1 county, or less, the
nominating

15
petitions PETITION shall be filed with the county clerk of that

16
county. Nominating petitions shall be in the form prescribed in

17
section 544c. The NOMINATING PETITION SHALL BE FILED WITH THE

18
secretary of state and the various county clerks shall receive

19
nominating petitions for filing in accordance with this act up

20
to OR COUNTY CLERK NO LATER THAN 4 p.m. of the twelfth

21
SIXTEENTH Tuesday preceding BEFORE the August primary IF A CAN-

22
DIDATE IS THE INCUMBENT, AND NO LATER THAN 4 P.M. OF THE TWELFTH

23
TUESDAY BEFORE THE AUGUST PRIMARY IF A CANDIDATE IS NOT THE

24
INCUMBENT.

25
(2) In lieu INSTEAD of filing a nominating petition, THE

26
CANDIDATE MAY PAY a filing fee of $100.00 may be paid to the

27
county clerk or, for a candidate in a district comprising more

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1
than 1 county, to the secretary of state. Payment of the fee and

2
certification of the name of the candidate paying the fee shall

3
be ARE governed by the same provisions as in the case of
FOR A

4
nominating petitions PETITION. The fee shall be deposited in

5
the general fund of the county OR STATE and shall be refunded to

6
candidates who are nominated and to an equal number of candidates

7
who receive the next highest number of votes in the primary

8
election. If 2 or more candidates tie in having the lowest

9
number of votes allowing a refund, the sum of $100.00 shall be

10
divided among them. A refund of a deposit shall not be made to a

11
candidate who withdraws as a candidate.

12
Sec. 164. After the filing of a nominating petition or

13
filing fee by or in behalf of a proposed candidate for the office

14
of state senator or STATE representative, such THE candidate

15
shall IS not be permitted to withdraw unless a written notice

16
of withdrawal is served on the official with whom his or her nom-

17
inating petitions PETITION or filing fee were WAS
filed, or

18
his or her duly authorized agent, not NO later than 4 o'clock

19
P.M., eastern standard time, in the afternoon of the third day

20
after the last day for filing such THE NOMINATING petition OR

21
FILING FEE FOR THE PARTICULAR CANDIDATE.

22
Sec. 193. (1) To obtain the printing of EXCEPT AS PRO-

23
VIDED IN SUBSECTION (2), IN ORDER FOR the name of a person TO

24
APPEAR ON THE OFFICIAL PRIMARY BALLOT as a candidate for nomina-

25
tion by a political party for an office named in section 191

26
under a particular party heading, upon the official primary

27
ballots, there THE CANDIDATE shall be filed FILE A
NOMINATING

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1
PETITION with the county clerk. THE nominating petitions

2
PETITION SHALL BE signed by a number of qualified and registered

3
electors residing within the county as determined under

4
section 544f. Nominating petitions shall be in the form pre-

5
scribed in section 544c. The county clerk shall receive nomi-

6
nating petitions up to SHALL BE FILED WITH THE COUNTY CLERK NO

7
LATER THAN 4 p.m. of the twelfth SIXTEENTH Tuesday preceding

8
BEFORE the August primary IF A CANDIDATE IS THE INCUMBENT, AND NO

9
LATER THAN 4 P.M. OF THE TWELFTH TUESDAY BEFORE THE AUGUST PRI-

10
MARY IF A CANDIDATE IS NOT THE INCUMBENT.

11
(2) To obtain the printing of the name of a candidate of a

12
political party under the particular party's heading upon the

13
primary election ballots in the various voting precincts of the

14
county, there may be filed by the candidate, in lieu INSTEAD of

15
filing nomination petitions A NOMINATING PETITION, THE CANDI-

16
DATE MAY PAY a filing fee of $100.00 to be paid to the county

17
clerk. Payment of the fee and certification of the candidate's

18
name paying the fee shall be ARE governed by the same provi-

19
sions as in the case of FOR A nominating petitions
PETITION.

20
The fee shall be deposited in the general fund of the county and

21
shall be refunded to candidates who are nominated and to an equal

22
number of candidates who receive the next highest number of votes

23
in the primary election. If 2 or more candidates tie in having

24
the lowest number of votes allowing a refund, the sum of $100.00

25
shall be divided among them. The deposits of all other defeated

26
candidates, as well as the deposits of candidates who withdraw or

27
are disqualified, shall be ARE forfeited and the candidates

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1
shall be notified of the forfeiture. Deposits forfeited under

2
this section shall be paid into and credited to DEPOSITED IN

3
the general fund of the county.

4
Sec. 194. After the filing of a nominating petition or

5
filing fee by or in behalf of a proposed candidate for any of the

6
offices named in section 191, of this act, such THE candidate

7
shall IS not be permitted to withdraw unless a written
notice

8
of withdrawal is served on the county clerk or his OR HER duly

9
authorized agent not NO later than 4 o'clock P.M.,
eastern

10
standard time, in the afternoon of the third day after the last

11
day for filing such THE petition or filing fee , as in this

12
act provided, unless FOR THE PARTICULAR CANDIDATE. IF the third

13
day falls on a Saturday, Sunday, or legal holiday, in which

14
case the notice of withdrawal may be served on the clerk up to

15
4 o'clock NO LATER THAN 4 P.M., eastern standard time, on the

16
next secular day.

17
Sec. 224. (1) To obtain the printing of EXCEPT AS PRO-

18
VIDED IN SUBSECTION (2), IN ORDER FOR the name of a person as

19
candidate for nomination by a political party for the office of

20
county auditor TO APPEAR under a particular party heading upon

21
ON the official primary ballots, there shall be filed with the

22
county clerk nominating petitions BALLOT, A NOMINATING PETITION

23
SHALL BE signed by a number of qualified and registered electors

24
residing within the county as determined under section 544f.

25
Nominating petitions shall be in the form prescribed in section

26
544c. The county clerk shall receive nominating petitions up

27
to PETITION SHALL BE FILED WITH THE COUNTY CLERK NO LATER THAN

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1
4 p.m. of the twelfth SIXTEENTH Tuesday preceding
BEFORE the

2
August primary IF A CANDIDATE IS THE INCUMBENT, AND NO LATER THAN

3
4 P.M. OF THE TWELFTH TUESDAY BEFORE THE AUGUST PRIMARY IF A CAN-

4
DIDATE IS NOT THE INCUMBENT.

5
(2) To obtain the printing of the name of the candidate of

6
a political party under the particular party's heading upon the

7
primary election ballots in the various voting precincts of the

8
county, there may be filed by the candidate, in lieu INSTEAD of

9
filing nominating petitions, A NOMINATING PETITION, THE CANDI-

10
DATE MAY PAY a filing fee of $100.00 to be paid to the county

11
clerk. Payment of the fee and certification of the name of the

12
candidate paying the fee shall be ARE governed by the same pro-

13
visions as in the case of FOR A nominating petitions

14
PETITION. The fee shall be deposited in the general fund of the

15
county and shall be refunded to candidates who are nominated and

16
to an equal number of candidates who received the next highest

17
number of votes in the primary election. If 2 or more candidates

18
tie in having the lowest number of votes allowing a refund, the

19
sum of $100.00 shall be divided them. The deposits of all other

20
defeated candidates and of candidates who withdraw or are dis-

21
qualified shall be ARE forfeited and the candidates shall be

22
notified of the forfeitures. Deposits forfeited under this sec-

23
tion shall be paid into and credited to DEPOSITED IN the gen-

24
eral fund of the county.

25
Sec. 225. After the filing of A nominating petitions

26
PETITION or filing fee by or in behalf of a proposed candidate

27
for the office of county auditor, such THE candidate shall
IS

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1
not be permitted to withdraw unless a written notice of

2
withdrawal is served on the county clerk or his OR HER duly

3
authorized agent not NO later than 4 o'clock P.M.,
eastern

4
standard time, in the afternoon of the third day after the last

5
day for filing such petitions, as in this act provided, unless

6
THE NOMINATING PETITION OR FILING FEE FOR THE PARTICULAR

7
CANDIDATE. IF the third day falls on a Saturday, Sunday, or

8
legal holiday, in which case the notice of withdrawal may be

9
served on the clerk up to NO LATER THAN 4 o'clock P.M.,
east-

10
ern standard time, on the next secular day.

11
Sec. 254. (1) To obtain the printing of EXCEPT AS PRO-

12
VIDED IN SUBSECTION (2), IN ORDER FOR the name of a person as a

13
candidate for nomination by a political party for the office of

14
county road commissioner TO APPEAR under a particular party head-

15
ing upon ON the official primary ballots, there shall be filed

16
with the county clerk of the county nominating petitions BALLOT,

17
A NOMINATING PETITION SHALL BE signed by a number of qualified

18
and registered electors residing within the county as determined

19
under section 544f. Nominating petitions shall be in the form

20
prescribed in section 544c. The county clerk shall receive

21
nominating petitions up to PETITION SHALL BE FILED WITH THE

22
COUNTY CLERK NO LATER THAN 4 p.m. of the twelfth SIXTEENTH

23
Tuesday preceding BEFORE the August primary in which county

24
road commissioners are to be elected IF A CANDIDATE IS THE INCUM-

25
BENT, AND NO LATER THAN 4 P.M. OF THE TWELFTH TUESDAY BEFORE THE

26
AUGUST PRIMARY IF A CANDIDATE IS NOT THE INCUMBENT.

06852'00
11

1
(2) To obtain the printing of the name of a candidate of a

2
political party under the particular party's heading upon the

3
primary election ballots in the various voting precincts of the

4
county, there may be filed by each candidate, in lieu INSTEAD of

5
filing A nominating petitions PETITION, THE CANDIDATE MAY PAY a

6
filing fee of $100.00 to be paid to the county clerk. Payment

7
of the fee and certification of the name of the candidate paying

8
the fee shall be ARE governed by the same provisions as in the

9
case of FOR A nominating petitions PETITION. The fee
shall be

10
deposited in the general fund of the county and shall be returned

11
to all candidates who are nominated and to an equal number of

12
candidates who received the next highest number of votes in the

13
primary election. If 2 or more candidates tie in having the

14
lowest number of votes allowing a refund, the sum of $100.00

15
shall be divided among them. The deposits of all other defeated

16
candidates, as well as the deposits of candidates who withdraw or

17
are disqualified, shall be ARE forfeited and the candidates

18
shall be notified of the forfeitures. Deposits forfeited under

19
this section shall be paid into and credited to DEPOSITED IN

20
the general fund of the county.

21
Sec. 256. After the filing of A nominating petitions

22
PETITION or filing fee by or in behalf of a proposed candidate

23
for the office of county road commissioner, such THE candidate

24
shall IS not be permitted to withdraw unless a written
notice

25
of withdrawal is served on the county clerk or his OR HER duly

26
authorized agent not NO later than 4 o'clock P.M.,
eastern

27
standard time, in the afternoon of the third day after the last

06852'00
12

1
day for filing such THE NOMINATING petition , as in this act

2
provided OR FILING FEE FOR THE PARTICULAR CANDIDATE.

3
Sec. 322. To obtain the printing of IN ORDER FOR the name

4
of a candidate of a political party for a city office, including

5
a ward office, TO APPEAR under the particular party heading on

6
the official primary election ballots BALLOT for use in the

7
city, there A NOMINATING PETITION shall be filed with the city

8
clerk. of the city not later than 4 p.m. on the twelfth Tuesday

9
preceding the August primary, or not later than 4 p.m. on the

10
seventh Monday preceding the primary election provided to be held

11
on the third Monday in February, nominating petitions THE NOMI-

12
NATING PETITION SHALL BE signed by a number of qualified and reg-

13
istered electors of the political party who reside in the city or

14
ward as determined under section 544f. THE NOMINATING PETITION

15
SHALL BE FILED NO LATER THAN 4 P.M. ON THE SIXTEENTH TUESDAY

16
BEFORE THE AUGUST PRIMARY IF A CANDIDATE IS THE INCUMBENT, AND NO

17
LATER THAN 4 P.M. OF THE TWELFTH TUESDAY BEFORE THE AUGUST PRI-

18
MARY IF A CANDIDATE IS NOT THE INCUMBENT. THE NOMINATING PETI-

19
TION SHALL BE FILED NO LATER THAN 4 P.M. ON THE ELEVENTH MONDAY

20
BEFORE THE PRIMARY ELECTION SCHEDULED TO BE HELD ON THE THIRD

21
MONDAY IN FEBRUARY IF A CANDIDATE IS THE INCUMBENT, AND NO LATER

22
THAN 4 P.M. ON THE SEVENTH MONDAY BEFORE THE PRIMARY ELECTION TO

23
BE HELD ON THE THIRD MONDAY IN FEBRUARY IF A CANDIDATE IS NOT THE

24
INCUMBENT. This section does not apply to a city IF the CITY'S

25
charter of which provides for a different method of nominating

26
candidates A CANDIDATE for public office. The form of the

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1
NOMINATING petition shall be IN THE FORM as provided in section

2
544c.

3
Sec. 322a. After the filing of a nominating petition or

4
filing fees FEE by or in behalf of a proposed candidate for a

5
city office, the candidate shall IS not be permitted to
with-

6
draw unless a written notice of withdrawal is served on the city

7
clerk not NO later than 4 o'clock P.M., eastern
standard

8
time, in the afternoon of the third day after the last day for

9
filing the NOMINATING petition or filing fee FOR THE PARTICULAR

10
CANDIDATE as provided in this act or in THE local charters

11
unless CITY CHARTER. IF the third day falls on a Saturday,

12
Sunday, or legal holiday, in which case the withdrawal may be

13
served on the city clerk up to NO LATER THAN 4 o'clock
P.M.,

14
eastern standard time, on the next secular day.

15
Sec. 349. (1) To obtain the printing of IN ORDER FOR the

16
name of a person as a candidate for nomination by a political

17
party for a township office TO APPEAR under the particular party

18
heading upon ON the official primary ballots, there shall be

19
filed with the township clerk nominating petitions BALLOT, A

20
NOMINATING PETITION SHALL BE signed by a number of qualified and

21
registered electors residing within the township as determined

22
under section 544f. Nominating petitions A NOMINATING PETITION

23
shall be in the form prescribed in section 544c . The AND

24
SHALL BE FILED WITH THE township clerk shall receive nominating

25
petitions up to NO LATER THAN 4 p.m. of the twelfth
SIXTEENTH

26
Tuesday preceding BEFORE the August primary IF A CANDIDATE IS

06852'00
14

1
THE INCUMBENT, AND NO LATER THAN 4 P.M. OF THE TWELFTH TUESDAY

2
BEFORE THE AUGUST PRIMARY IF A CANDIDATE IS NOT THE INCUMBENT.

3
(2) Within 4 days after the last day for filing nominating

4
petitions, the township clerk shall deliver to the county clerk a

5
list setting forth WITH the name, address, and political affil-

6
iation and office sought of each candidate who has qualified for

7
a position on the primary ballot.

8
Sec. 351. After the filing of a nominating petition by or

9
in behalf of a proposed candidate for a township office, such

10
THE candidate shall IS not be permitted to withdraw
unless a

11
written notice of withdrawal is served on the township clerk

12
not NO later than 4 o'clock P.M., eastern standard
time, in

13
the afternoon of the third day after the last day for filing

14
such petitions as in this act provided, unless THE NOMINATING

15
PETITION FOR THE PARTICULAR CANDIDATE. IF the third day falls on

16
a Saturday, Sunday, or legal holiday, in which case the notice

17
of withdrawal may be served on the clerk up to 4 o'clock NO

18
LATER THAN 4 P.M., eastern standard time, on the next secular

19
day.

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