SENATE BILL No. 843 October 21, 1999, Introduced by Senator EMMONS and referred to the Committee on Government Operations. A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 558, 826, 841, and 933 (MCL 168.558, 168.826, 168.841, and 168.933), sections 558 and 993 as amended by 1997 PA 137 and sections 826 and 841 as amended by 1995 PA 261. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 558. (1)A candidateWHEN filing nominating peti- 2 tions or a filing fee for a county, state, national, city, town- 3 ship, village, or school district office in any election,at the4time of filing the nominating petitions or filing fee,A 5 CANDIDATE shall file with the officer with whom the petitions or 6 fee is filed 2 copies of an affidavit. The affidavit shall 7 contain the candidate's name; address; ward and precinct where 8 registered, if qualified to vote at that election; a statement 04807'99 DKH 2 1 that the candidate is a citizen of the United States; number of 2 years of residence in the state and county; other information 3 that may be required to satisfy the officer as to the identity of 4 the candidate; A STATEMENT THAT, AS OF THE DATE OF THE AFFIDAVIT, 5 ALL STATEMENTS, REPORTS, FILING FEES, LATE FILING FEES, AND FINES 6 REQUIRED OF THE CANDIDATE OR ANY CANDIDATE COMMITTEE ORGANIZED TO 7 SUPPORT THE CANDIDATE'S ELECTION UNDER THE MICHIGAN CAMPAIGN 8 FINANCE ACT, 1976 PA 388, MCL 169.201 TO 169.282, HAVE BEEN FILED 9 OR PAID; and a statement that the candidate acknowledges that 10 making a false statement in the affidavit is perjury, punishable 11 by a fine up to $1,000.00 or imprisonment for up to 5 years, or 12 both. If a candidate files the affidavit with an officer other 13 than the county clerk or secretary of state, the officer shall 14 immediately forward to the county clerk 1 copy of the affidavit 15 by first class mail. The county clerk shall immediately forward 16 1 copy of the affidavit for state and national candidates to the 17 secretary of state by first class mail. An officer shall not 18 certify to the board of election commissioners the name of a can- 19 didate who fails to comply with this section. 20 (2) If petitions or filing fees are filed by or in behalf of 21 a candidate for more than 1 office, either national, state, 22 county, city, village, township, or school district, the terms of 23 which run concurrently or overlap, the candidate so filing, or in 24 behalf of whom petitions or fees were so filed, shall select the 25 1 office to which his or her candidacy is restricted within 3 26 days after the last day for the filing of petitions or filing 27 fees unless the petitions or filing fees are filed for 2 offices 04807'99 3 1 that are combined or for offices that are not incompatible. 2 Failure to make the selection disqualifies a candidate with 3 respect to any office for which petitions or fees were so filed 4 and the name of the candidate shall not be printed upon the 5 ballot for those offices. A vote cast for that candidate at the 6 primary or general election ensuing shall not be counted and is 7 void. 8 Sec. 826. (1) Except as otherwise provided in this subsec- 9 tion, the board of county canvassers shall determine and declare 10 the result of the election for county and local officers, and for 11 all county and local ballot questions. If a city or township has 12 more than 5 precincts, the board of city or township canvassers 13 shall canvass votes for city or township officers and ballot 14 questions. If a state senatorial or representative district is 15 located solely within 1 county, the board of county canvassers 16 shall determine and declare the result of the election for that 17 office.UponEXCEPT AS PROVIDED IN SUBSECTION (3), UPON making 18 the determination under this subsection, the board of county can- 19 vassers shall prepare a certificate of determination and deliver 20 the properly certified certificate of determination to the county 21 clerk.In additionEXCEPT AS PROVIDED IN SUBSECTION (3), if 22 the determination relates to a state senatorial or representative 23 district located solely within 1 county, the board of county can- 24 vassers shall ALSO deliver the properly certified certificate of 25 determination to the board of state canvassers. 26 (2) Upon receipt of a properly certified certificate of 27 determination from a board of county canvassers pursuant to 04807'99 4 1 subsection (1), the county clerk shall file the certificate in 2 his or her office. The county clerk may cause a statement of the 3 total county or district votes cast for the various candidates 4 and the total vote cast for and against the various ballot ques- 5 tions at the election to be published in at least 1 newspaper 6 printed or circulated in that county. The county clerk shall 7 immediately execute and deliver to the persons declared elected, 8 a properly certified certificate of election. 9 (3) THE BOARD OF COUNTY CANVASSERS SHALL NOT PREPARE A CER- 10 TIFICATE OF DETERMINATION FOR A CANDIDATE WHO RAISED OR EXPENDED 11 MORE THAN $1,000.00 ON THE CAMPAIGN UNTIL THE CANDIDATE HAS FILED 12 WITH THE BOARD OF COUNTY CANVASSERS AN AFFIDAVIT STATING THAT, AS 13 OF THE DATE OF THE AFFIDAVIT, ALL STATEMENTS, REPORTS, FILING 14 FEES, LATE FILING FEES, AND FINES REQUIRED OF THE CANDIDATE OR 15 ANY CANDIDATE COMMITTEE ORGANIZED TO SUPPORT THE CANDIDATE'S 16 ELECTION UNDER THE MICHIGAN CAMPAIGN FINANCE ACT, 1976 PA 388, 17 MCL 169.201 TO 169.282, HAVE BEEN FILED OR PAID AND THAT THE CAN- 18 DIDATE ACKNOWLEDGES THAT MAKING A FALSE STATEMENT IN THE AFFIDA- 19 VIT IS PERJURY PUNISHABLE BY A FINE OF UP TO $1,000.00 OR IMPRIS- 20 ONMENT FOR UP TO 5 YEARS, OR BOTH. THE BOARD OF COUNTY CANVASS- 21 ERS SHALL CONTACT THE APPROPRIATE AGENCY TO DETERMINE WHETHER ALL 22 REQUIRED STATEMENTS AND REPORTS HAVE BEEN FILED AND ALL REQUIRED 23 FILING FEES, LATE FILING FEES, AND FINES HAVE BEEN PAID. 24 Sec. 841. (1) The board of state canvassers shall canvass 25 the returns and determine the result of all elections for elec- 26 tors of president and vice-president of the United States, state 27 officers, United States senators, representatives in congress, 04807'99 5 1 circuit judges, state senators and representatives elected by a 2 district that is located in more than 1 county, and other offi- 3 cers as required by law. The board of state canvassers shall 4 also determine the result of an election on a proposed amendment 5 to the constitution or on any other ballot question that has been 6 submitted, pursuant to law, to the qualified and registered elec- 7 tors of this state at large for ratification or rejection. 8UponEXCEPT AS PROVIDED IN SUBSECTION (3), UPON making the 9 determination, the board of state canvassers shall immediately 10 prepare a certificate of determination and deliver the properly 11 certified certificate of determination to the secretary of 12 state. 13 (2) Upon receipt of a properly certified certificate of 14 determination from a board of county canvassers pursuant to 15 section 826, the board of state canvassers, at its next meeting, 16 shall record the results of the county canvass contained in the 17 certificate. 18 (3) THE BOARD OF STATE CANVASSERS SHALL NOT PREPARE A CER- 19 TIFICATE OF DETERMINATION FOR A CANDIDATE WHO RAISED OR EXPENDED 20 MORE THAN $1,000.00 ON THE CAMPAIGN UNTIL THE CANDIDATE HAS FILED 21 WITH THE BOARD OF STATE CANVASSERS AN AFFIDAVIT STATING THAT, AS 22 OF THE DATE OF THE AFFIDAVIT, ALL STATEMENTS, REPORTS, FILING 23 FEES, LATE FILING FEES, AND FINES REQUIRED OF THE CANDIDATE OR 24 ANY CANDIDATE COMMITTEE ORGANIZED TO SUPPORT THE CANDIDATE'S 25 ELECTION UNDER THE MICHIGAN CAMPAIGN FINANCE ACT, 1976 PA 388, 26 MCL 169.201 TO 169.282, HAVE BEEN FILED OR PAID AND THAT THE 27 CANDIDATE ACKNOWLEDGES THAT MAKING A FALSE STATEMENT IN THE 04807'99 6 1 AFFIDAVIT IS PERJURY PUNISHABLE BY A FINE OF UP TO $1,000.00 OR 2 IMPRISONMENT FOR UP TO 5 YEARS, OR BOTH. THE BOARD OF STATE CAN- 3 VASSERS SHALL CONTACT THE APPROPRIATE AGENCY TO DETERMINE WHETHER 4 ALL REQUIRED STATEMENTS AND REPORTS HAVE BEEN FILED AND ALL 5 REQUIRED FILING FEES, LATE FILING FEES, AND FINES HAVE BEEN PAID. 6 Sec. 933. A person who makes a false affidavit or swears 7 falsely while under oath UNDER SECTION 826(3) OR 841(3) OR for 8 the purpose of securing registration, for the purpose of voting 9 at an election, or for the purpose of qualifying as a candidate 10 for elective office under section 558 is guilty of perjury. 04807'99 Final page. DKH