House Introduced Bill 5335

HOUSE BILL No. 5335


     October 23, 2001, Introduced by Reps. Richner, Raczkowski, Sanborn and Birkholz and referred to the Committee on Redistricting and Elections.


        A bill to amend 1954 PA 116, entitled

   "Michigan election law,"

   by amending sections 561 and 696 (MCL 168.561 and 168.696).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 561.  (1) The ballots prepared by the board of election

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      commissioners in each county for use by the electors of a politi-

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      cal party at a primary election shall include the  names of all

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      candidates  NAME OF EACH CANDIDATE of the political party for the

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      office of governor, United States senator, and district offices;

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       , and, in each  FOR THE county, the  names of all candidates

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      NAME OF EACH CANDIDATE of the political party for county offices;

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       ,  and  in  FOR each township, the  names of all
   candidates

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      NAME OF EACH CANDIDATE of the political party for township

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      offices.




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           (2) If, in a district  comprised of not more than  THAT IS A

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      COUNTY OR ENTIRELY WITHIN 1 county, 2 or more candidates,

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      including candidates for nonpartisan offices, for the same office

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      have the same or similar surnames, a candidate may file a written

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      request with the board of county election commissioners for a

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      clarifying designation.  The request shall be filed not later

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      than 3 days after the last date for filing nominating petitions.

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      Not later than 3 days after the filing of the request, the board

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      of county election commissioners shall determine whether a simi-

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      larity exists and whether a clarifying designation should be

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      granted.  In a district  comprised of  LOCATED IN more than 1

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      county, the board of state canvassers shall make a  like  deter-

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      mination  for  WHETHER TO GRANT a clarifying designation upon the

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      written request of a candidate who files nominating petitions

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      with the secretary of state.  The request shall be filed with the

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      state board of canvassers not later than 5 days after the last

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      date for filing nominating petitions.  The board of state can-

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      vassers shall make its determination at the same time it makes a

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      declaration of the sufficiency or insufficiency of nominating

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      petitions in compliance with section 552.

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           (3) In each instance, the determining board shall  notify

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      the  IMMEDIATELY NOTIFY EACH CANDIDATE FOR THE SAME OFFICE AS THE

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      REQUESTER THAT A REQUEST FOR A CLARIFYING DESIGNATION HAS BEEN

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      MADE AND OF THE DATE, TIME, AND PLACE OF THE HEARING.  THE

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      requester and  the other candidate affected of its  EACH CANDI-

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      DATE FOR THE SAME OFFICE SHALL BE NOTIFIED OF THE BOARD'S

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      determination by first-class mail sent within 24 hours after the



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      final date for the determination.  A candidate who is

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      dissatisfied with the determination of the board of county elec-

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      tion commissioners may file an appeal in the circuit court of the

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      county where the board is located.  , and a  A candidate who is

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      dissatisfied with the determination of the board of state can-

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      vassers may file an appeal in the INGHAM COUNTY circuit court.

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       of Ingham county,  THE APPEAL SHALL BE FILED within  7  14
   days

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      after the final date for determination by the board.  , and the

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      THE court shall hear the matter de novo.   In  EXCEPT AS PROVIDED

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      IN SUBSECTION (5), IN THE case of the same  surnames  SURNAME or

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      OF a final determination by the board  ,  or by the court before

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      the latest date  on which  THAT the board can arrange  for 
   THE

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      BALLOT printing  of the ballots,  of the existence of similarity,

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      the board shall print the occupation or residence of each of the

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      candidates on the ballot or ballot labels under their respective

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      names.  The term "occupation"  shall be construed to include

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      INCLUDES A CURRENTLY HELD political office, even though it is not

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      the candidate's principal occupation, but  shall  DOES not

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      include reference to a previous position or occupation.

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           (4) The name of a candidate shall be printed showing the

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      given name or abbreviation or initials of the given name of the

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      candidate.  , and, in the case of  IF THE CANDIDATE IS a married

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      woman, HER NAME shall not be printed showing the husband's given

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      name.

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           (5) UNLESS THERE ARE MORE THAN 2 CANDIDATES WITH THE SAME OR

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      SIMILAR SURNAMES, IF AN INCUMBENCY DESIGNATION IS PROVIDED FOR A

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      CANDIDATE BY SECTION 24 OF ARTICLE VI OF THE STATE CONSTITUTION



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      OF 1963, NO OTHER DESIGNATION SHALL BE PROVIDED FOR ANOTHER

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      CANDIDATE WITH THE SAME OR SIMILAR SURNAMES.

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           (6)  (5)  The board of state canvassers shall  prepare
   and

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      issue guidelines to  insure  ENSURE fairness and uniformity in

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      the granting of designations  ,  and may  prepare and  issue

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      guidelines relating to what constitutes THE same or similar

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      surnames.  The board of state canvassers and the boards of county

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      election commissioners shall follow the guidelines.   issued.

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           Sec. 696.  (1) The board of election commissioners in each

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      county shall  cause  HAVE the  names of all candidates  NAME
   OF

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      EACH CANDIDATE for federal, state, district, county, and township

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      offices at  any  AN election  to be  printed on 1 ballot,
   sepa-

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      rate from any other ballot.  The  names of all candidates  NAME

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      OF EACH CANDIDATE of each political party shall be placed in a

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      separate column on the ballot under the name and vignette of the

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      party with the name of each candidate opposite the name of the

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      office for which the candidate was certified to have been

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      nominated.

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           (2) If, in a district  comprised of not more than  THAT IS A

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      COUNTY OR ENTIRELY WITHIN 1 county, 2 or more candidates nomi-

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      nated by the same political party or by different political par-

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      ties for the same office, or nonpartisan candidates for the same

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      office, have the same or similar surnames, a candidate may file a

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      written request with the board of county election commissioners

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      for a clarifying designation.  The request shall be filed not

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      later than 3 days after the certification of the RELEVANT

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      candidates.  Not later than 3 days after the filing of the



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      request, the board of county election commissioners shall

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      determine whether a similarity exists and whether a clarifying

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      designation should be granted.  In a district  comprised of

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      LOCATED IN more than 1 county, the board of state canvassers

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      shall make a  like  determination  for  WHETHER TO GRANT a
   clari-

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      fying designation upon the written request of a candidate who is

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      certified by the secretary of state.  The request shall be filed

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      with the state board of canvassers not later than 3 days after

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      the state board of canvassers completes the canvass of the pri-

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      mary election in compliance with section 581 and the certifica-

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      tion of nominees in compliance with section 687.  The board of

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      state canvassers shall make its determination not later than 3

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      days after the request is filed.

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           (3) In each instance, the determining board shall  notify

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      the  IMMEDIATELY NOTIFY EACH CANDIDATE FOR THE SAME OFFICE AS THE

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      REQUESTER THAT A REQUEST FOR A CLARIFYING DESIGNATION HAS BEEN

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      MADE AND OF THE DATE, TIME, AND PLACE OF THE HEARING.  THE

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      requester and  the other candidate affected of its  EACH CANDI-

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      DATE FOR THE SAME OFFICE SHALL BE NOTIFIED OF THE BOARD'S deter-

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      mination by first-class mail sent within 24 hours after the final

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      date for the determination.  A candidate who is dissatisfied with

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      the determination of the board of county election commissioners

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      may file an appeal in the circuit court of the county where the

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      board is located.  , and a  A candidate who is dissatisfied with

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      the determination of the board of state canvassers may file an

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      appeal in the INGHAM COUNTY circuit court.  of Ingham county,

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      THE APPEAL SHALL BE FILED within  7  14 days after the final date



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      for determination by the board.  , and the  THE court shall hear

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      the matter de novo.   In  EXCEPT AS PROVIDED IN SUBSECTION (4),

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      IN THE case of the same  surnames  SURNAME or OF a final determi-

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      nation by the board  ,  or by the court before the latest date

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       on which  THAT the board can arrange for THE BALLOT printing  of

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      the ballots,  of the existence of similarity, the board shall

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      print the occupation or residence of each of the candidates

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      having the same or similar surnames on the ballot or ballot

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      labels or slips to be placed on the voting machine, when used,

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      under their respective names.  The request may not be made by a

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      candidate of a political party whose candidate for secretary of

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      state received less than 10% of the total vote cast in the state

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      for all candidates for secretary of state in the  last preceding

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      MOST RECENT November election in which a secretary of state was

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      elected.  The term "occupation"  shall be construed to include

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      INCLUDES A CURRENTLY HELD political office, even though it is not

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      the candidate's principal occupation, but  shall  DOES not

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      include reference to a previous position or occupation.

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           (4) UNLESS THERE ARE MORE THAN 2 CANDIDATES WITH THE SAME OR

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      SIMILAR SURNAMES, IF AN INCUMBENCY DESIGNATION IS PROVIDED FOR A

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      CANDIDATE BY SECTION 24 OF ARTICLE VI OF THE STATE CONSTITUTION

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      OF 1963, NO OTHER DESIGNATION SHALL BE PROVIDED FOR ANOTHER CAN-

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      DIDATE WITH THE SAME OR SIMILAR SURNAMES.

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           (5)  (4)  The board of state canvassers shall  prepare
   and

25
      issue guidelines to  insure  ENSURE fairness and uniformity in

26
      the granting of designations  ,  and may  prepare and  issue

27
      guidelines relating to what constitutes THE same or similar



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      surnames.  The board of state canvassers and the boards of county

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      election commissioners shall follow the guidelines.   issued.




















































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