HOUSE BILL No. 6141


     November 14, 2000, Introduced by Rep. Bishop and referred to the Committee on Constitutional Law and Ethics.


        A bill to amend 1954 PA 116, entitled

   "Michigan election law,"

   by amending section 552 (MCL 168.552), as amended by 1999 PA

   220.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 552.  (1) The county,  or  city, OR TOWNSHIP clerk,

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      after the last day specified in this act for receiving and filing

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      nominating petitions, shall immediately certify to the proper

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      board or boards of election commissioners in the city, TOWNSHIP,

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      county, district, or state the name and post office address of

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      each party candidate whose petitions meet the requirements of

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      this act,  together  ALONG with the name of the political party

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      and the office for which he or she is a candidate.

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           (2) If the county clerk receives a sworn complaint, in

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      writing, questioning the VALIDITY OF THE registration or


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      genuineness of the signature of the circulator or of a person

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      signing a petition filed with the county clerk for an office, the

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      county clerk shall commence an investigation.  The county clerk

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      shall  cause  FORWARD the petition that  he or she considers nec-

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      essary to be forwarded  IS THE SUBJECT OF THE SWORN COMPLAINT to

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      the proper city clerk or township clerk to compare the signatures

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      appearing on the petition with the signatures appearing on the

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      registration record, or in some other proper manner determine

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      whether the signatures appearing on the petition are valid and

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      genuine.  If the request has been made by the county clerk, the

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      city clerk or township clerk shall complete the investigation and

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      report his or her findings to the county clerk within 7 days

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      after the request.  The investigation shall include the validity

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      of the signatures and the genuineness of a petition as is speci-

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      fied in the sworn complaint and may include any other doubtful

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      signatures or petitions filed on behalf of the candidate against

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      whose petitions the sworn complaint is directed, as the county

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      clerk considers necessary.  A complaint respecting the validity

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      and genuineness of signatures on a petition shall not be acted

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      upon unless the complaint sets forth the specific signatures

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      claimed to be invalid and the specific petition for which the

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      complaint questions the validity and genuineness of the signature

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      or registration of the circulator, and unless the complaint is

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      received by the county clerk within  7  14 days after the dead-

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      line for the filing of the nominating petitions.

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           (3) In addition to the  duty specified in subsection (2) for

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      the  examination of petitions UNDER SUBSECTION (2), the county



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      clerk, on his or her own initiative, on receipt of the nominating

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      petitions, may examine the petitions.  , and if  IF, after

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      examination, the county clerk is in doubt as to the validity of

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      the registration or genuineness of the signature of the circula-

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      tor or persons signing or purported to have signed the petitions,

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      the county clerk shall commence an investigation.  Subject to 

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      IN ADDITION TO THE REQUIREMENTS OF subsection (13), the county

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      clerk shall  cause  FORWARD the petitions in question  to be

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      forwarded  to the proper city clerk or township clerk to compare

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      the signatures appearing on the petitions with the signatures

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      appearing on the registration records, or in some other proper

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      manner to determine whether the signatures appearing on the peti-

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      tions are valid and genuine.

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           (4) The clerk of a political subdivision shall cooperate

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      fully with the county clerk in a request made to the clerk by the

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      county clerk in determining the validity of doubtful signatures

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      by checking the signatures against registration records in an

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      expeditious and proper manner.

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           (5) At least 2 business days before the  board of state can-

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      vassers meets to make  COUNTY CLERK MAKES a final determination

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      on challenges to and sufficiency of a petition, the county clerk

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      shall make public  its staff  A report concerning disposition of

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      challenges filed against the petition.  Beginning with the

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      receipt of any  ONCE A document IS RECEIVED from local election

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      officials  pursuant to  UNDER subsection (2) or (3), the county

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      clerk shall make that document available to petitioners and

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      challengers on a daily basis.  (6)  Upon the completion of the



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      investigation or examination, the county clerk shall

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       immediately  make an official declaration of the sufficiency or

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      insufficiency of nominating petitions for which a sworn complaint

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      has been received or of the sufficiency or insufficiency of nomi-

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      nating petitions that the county clerk has examined or investi-

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      gated on his or her own initiative.

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           (6) A person feeling aggrieved by a determination made by

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      the county clerk may have the determination reviewed by the sec-

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      retary of state, by filing a written request with the secretary

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      of state within 3 days after the official declaration of the

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      county clerk.  , unless  IF the third day falls on a Saturday,

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      Sunday, or legal holiday,  in which case  the request may be

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      filed  not  NO later than 4 p.m. on the next day that is not a

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      Saturday, Sunday, or legal holiday.  Alternatively, the aggrieved

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      person may have the determination of the county clerk reviewed by

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      filing a mandamus, certiorari, or other appropriate remedy in the

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      circuit court.  A person who filed a nominating petition and

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      feels aggrieved by the determination of the secretary of state

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      may then have that determination reviewed by mandamus, certiora-

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      ri, or other appropriate remedy in the circuit court.

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           (7) A city OR TOWNSHIP clerk with whom nominating petitions

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      are filed may examine the petitions and investigate the validity

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      and genuineness of signatures appearing on the petitions.

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      Subject to subsection (13), the city OR TOWNSHIP clerk may check

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      the signatures against registration records.  The city OR

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      TOWNSHIP clerk shall make a determination as to the sufficiency

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      or insufficiency of the petitions upon the completion of the



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      examination or investigation, and shall make an official

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      declaration of the findings.  A party feeling aggrieved by the

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      determination has the same rights of review as in case of a

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      determination by the county clerk.

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           (8)  Upon the filing of  WHEN nominating petitions ARE FILED

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      with the secretary of state, the secretary of state shall notify

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      the board of state canvassers within 5 days after the last day

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      for the filing of the NOMINATING petitions.  The notification

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      shall be by first-class mail.  Upon the receipt of the nominating

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      petitions, the board of state canvassers shall canvass the peti-

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      tions to ascertain if the petitions have been signed by the req-

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      uisite number of qualified and registered electors.  Subject to 

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      IN ADDITION TO THE REQUIREMENTS OF subsection (13),  for the pur-

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      pose of determining the validity of the signatures,  the board of

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      state canvassers may cause a doubtful signature to be checked

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      against the registration records by the clerk of a political sub-

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      division in which the petitions were circulated TO DETERMINE THE

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      VALIDITY OF THE SIGNATURE.  If the board of state canvassers

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      receives a sworn complaint, in writing, questioning the registra-

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      tion of or the genuineness of the signature of the circulator or

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      of a person signing a nominating petition filed with the secre-

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      tary of state, the board of state canvassers shall commence an

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      investigation.  Subject to  IN ADDITION TO THE REQUIREMENTS OF

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      subsection (13), the board of state canvassers  shall cause  MAY

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      FORWARD the petition  to be forwarded  THAT IS THE SUBJECT OF THE

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      SWORN COMPLAINT to the proper city clerk or township clerk to

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      compare the CHALLENGED signatures appearing on the petition with



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      the signatures appearing on the registration record, or in some

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      other manner determine whether the CHALLENGED signatures appear-

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      ing on the petition are valid and genuine.  A complaint respect-

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      ing the validity and genuineness of  signatures on  A SIGNATURE

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      ON A PETITION OR THE REGISTRATION OF A CIRCULATOR OR OF A PERSON

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      SIGNING a petition shall not be acted upon unless the complaint

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      sets forth the specific signatures claimed to be invalid and the

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      specific petition for which the complaint questions the validity

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      and genuineness of the signature or the registration of A PERSON

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      SIGNING THE PETITION OR the circulator.  , and unless the  THE

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      complaint  is  SHALL BE received by the board of state canvassers

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      within  7  14 days after the deadline for the filing of the nomi-

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      nating petitions.  The clerk of a political subdivision shall

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      cooperate fully with the board of state canvassers in a request

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      made to the clerk by the board of state canvassers in determining

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      the validity of doubtful signatures by rechecking the signatures

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      against registration records in an expeditious and proper

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      manner.

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           (9) The board of state canvassers may hold a hearing upon a

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      complaint filed or for a purpose considered necessary by the

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      board of state canvassers to conduct an investigation of  the

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      petitions  A DOUBTFUL OR CHALLENGED SIGNATURE OR THE REGISTRATION

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      OF A PETITION SIGNER OR A CIRCULATOR.  In conducting a hearing,

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      the board of state canvassers may issue subpoenas and administer

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      oaths.  The board of state canvassers may also adjourn periodi-

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      cally awaiting receipt of returns from investigations that are

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      being made or for other necessary purposes, but shall complete



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      the canvass not less than 9 weeks before the primary election at

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      which candidates are to be nominated.

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           (10) At least 2 business days before the board of state can-

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      vassers meets to make a final determination on challenges to and

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      sufficiency of a petition, the board shall make public its staff

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      report concerning disposition of challenges filed against the

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      petition.  Beginning with the receipt of any  ONCE A document IS

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      RECEIVED from local election officials  pursuant to  UNDER

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      subsection (8), the board of state canvassers shall make that

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      document available to candidates and challengers on a daily

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      basis.

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           (11) An official declaration of the sufficiency or insuffi-

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      ciency of a nominating petition shall be made by the board of

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      state canvassers not less than 60 days before the primary elec-

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      tion at which candidates are to be nominated.  At the time of

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      filing a nominating petition with the secretary of state, the

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      person filing the petition may request a notice of the approval

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      or rejection of the petition.  If such a request is made at the

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      time of filing of the petition, the secretary of state, immedi-

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      ately upon the determination of approval or rejection, shall

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      transmit by registered mail to the person making the request an

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      official notice of the sufficiency or insufficiency of the

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      petitions.

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           (12) A person, having filed a nominating petition with the

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      secretary of state, feeling aggrieved by a determination made by

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      the board of state canvassers, may have the determination





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      reviewed by mandamus, certiorari, or other appropriate remedy in

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      the supreme court.

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           (13) The qualified voter file may be used to  determine the

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      validity of petition signatures by verifying  VERIFY the regis-

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      tration of PETITION signers AND CIRCULATORS.  If the qualified

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      voter file indicates that, on the date the elector signed the

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      petition, the elector was not registered to vote, there is a

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      rebuttable presumption that the signature is invalid.  If the

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      qualified voter file indicates that, on the date the elector

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      signed the petition, the elector was not registered to vote in

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      the city or township designated on the petition, there is a

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      rebuttable presumption that the signature is invalid.

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           (14) Not less than 60 days before the primary election at

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      which candidates are to be nominated, the secretary of state

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      shall certify to the proper boards of election commissioners in

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      the various counties in the state, the name and post office

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      address of each partisan or nonpartisan candidate whose petitions

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      have been filed with the secretary of state and meet the require-

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      ments of this act,  together  ALONG with the name of the politi-

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      cal party, if any, and the office for which he or she is a

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      candidate.















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