HB-4601, As Passed House, June 18, 2003

SUBSTITUTE FOR

HOUSE BILL NO. 4601

                                                                             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:

1       Sec. 552.  (1) The county or city clerk, after the last day                 

2   specified in this act for receiving and filing nominating                   

3   petitions, shall immediately certify to the proper board or                 

4   boards of election commissioners in the city, county, district,             

5   or state the name and post office address of each party candidate           

6   whose petitions meet the requirements of this act, together with            

7   the name of the political party and the office for which he or              

8   she is a candidate.                                                         

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

10  writing, questioning the registration or genuineness of the                 

1   signature of the circulator or of a person signing a petition               

2   filed with the county clerk for an office, the county clerk shall           

3   commence an investigation.  The county clerk shall cause the                

4   petition that he or she considers necessary to be forwarded to              

5   the proper city clerk or township clerk to compare the signatures           

6   appearing on the petition with the signatures appearing on the              

7   registration record, or in some other proper manner determine               

8   whether the signatures appearing on the petition are valid and              

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

10  city clerk or township clerk shall complete the investigation and           

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

12  after the request.  The investigation shall include the validity            

13  of the signatures and the genuineness of a petition as is                   

14  specified in the sworn complaint and may include any other                  

15  doubtful signatures or petitions filed on behalf of the candidate           

16  against whose petitions the sworn complaint is directed, as the             

17  county clerk considers necessary.   A The county clerk is not              

18  required to act on a complaint respecting the validity and                  

19  genuineness of signatures on a petition  shall not be acted upon

20  unless the complaint sets forth the specific signatures claimed             

21  to be invalid and the specific petition for which the complaint             

22  questions the validity and genuineness of the signature or                  

23  registration of the circulator, and unless the complaint is                 

24  received by the county clerk within 7 days after the deadline for           

25  the filing of the nominating petitions.                                     

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

27  the examination of petitions, the county clerk, on his or her own           

1   initiative, on receipt of the nominating petitions, may examine             

2   the petitions, and if after examination the county clerk is in              

3   doubt as to the validity of the registration or genuineness of              

4   the signature of the circulator or persons signing or purported             

5   to have signed the petitions, the county clerk shall commence an            

6   investigation.  Subject to subsection (13), the county clerk                

7   shall cause the petitions in question to be forwarded to the                

8   proper city clerk or township clerk to compare the signatures               

9   appearing on the petitions with the signatures appearing on the             

10  registration records, or in some other proper manner to determine           

11  whether the signatures appearing on the petitions are valid and             

12  genuine.                                                                    

13      (4) The clerk of a political subdivision shall cooperate                    

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

15  county clerk in determining the validity of doubtful signatures             

16  by checking the signatures against registration records in an               

17  expeditious and proper manner.                                              

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

19  canvassers meets to make county clerk makes a final                        

20  determination on challenges to and sufficiency of a petition, the           

21  county clerk shall make public its staff report concerning                  

22  disposition of challenges filed against the petition.  Beginning            

23  with the receipt of any document from local election officials              

24  pursuant to under subsection (2) or (3), the county clerk shall           

25  make that document available to petitioners and challengers on a            

26  daily basis.                                                                

27      (6) Upon the completion of the investigation or examination,                

1   the county clerk shall immediately make an official declaration             

2   of the sufficiency or insufficiency of nominating petitions for             

3   which a sworn complaint has been received or of the sufficiency             

4   or insufficiency of nominating petitions that the county clerk              

5   has examined or investigated on his or her own initiative.  A               

6   person feeling aggrieved by a determination made by the county              

7   clerk may have the determination reviewed by the secretary of               

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

9   within 3 days after the official declaration of the county clerk,           

10  unless the third day falls on a Saturday, Sunday, or legal                  

11  holiday, in which case the request may be filed not later than 4            

12  p.m. on the next day that is not a Saturday, Sunday, or legal               

13  holiday.  Alternatively, the aggrieved person may have the                  

14  determination of the county clerk reviewed by filing a mandamus,            

15  certiorari, or other appropriate remedy in the circuit court.  A            

16  person who filed a nominating petition and feels aggrieved by the           

17  determination of the secretary of state may then have that                  

18  determination reviewed by mandamus, certiorari, or other                    

19  appropriate remedy in the circuit court.                                    

20      (7) A city clerk with whom nominating petitions are filed may               

21  examine the petitions and investigate the validity and                      

22  genuineness of signatures appearing on the petitions.  Subject to           

23  subsection (13), the city clerk may check the signatures against            

24  registration records.  The city clerk shall make a determination            

25  as to the sufficiency or insufficiency of the petitions upon the            

26  completion of the examination or investigation, and shall make an           

27  official declaration of the findings.  A  party person feeling             

1   aggrieved by the determination has the same rights of review as             

2   in case of a determination by the county clerk.                             

3       (8) Upon the filing of nominating petitions with the                        

4   secretary of state, the secretary of state shall notify the board           

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

6   filing  of  the petitions.  The notification shall be by                    

7   first-class mail.  Upon the receipt of the nominating petitions,            

8   the board of state canvassers shall canvass the petitions to                

9   ascertain if the petitions have been signed by the requisite                

10  number of qualified and registered electors.  Subject to                    

11  subsection (13), for the purpose of determining the validity of             

12  the signatures, the board of state canvassers may cause a                   

13  doubtful signature to be checked against the registration records           

14  by the clerk of a political subdivision in which the petitions              

15  were circulated.  If the board of state canvassers receives a               

16  sworn complaint, in writing, questioning the registration of or             

17  the genuineness of the signature of the circulator or of a person           

18  signing a nominating petition filed with the secretary of state,            

19  the board of state canvassers shall commence an investigation.              

20  Subject to subsection (13), the board of state canvassers shall             

21  cause the petition to be forwarded to the proper city clerk or              

22  township clerk to compare the signatures  appearing  on the                 

23  petition with the signatures  appearing  on the registration                

24  record, or in some other manner determine whether the signatures            

25  appearing  on the petition are valid and genuine.   A The board           

26  of state canvassers is not required to act on a complaint                   

27  respecting the validity and genuineness of signatures on a                  

1   petition  shall not be acted upon  unless the complaint sets                

2   forth the specific signatures claimed to be invalid and the                 

3   specific petition for which the complaint questions the validity            

4   and genuineness of the signature or the registration of the                 

5   circulator, and unless the complaint is received by the board of            

6   state canvassers within 7 days after the deadline for  the

7   filing  of  the nominating petitions.   The If a complaint is              

8   received after 7 days after the nominating petition filing                  

9   deadline, in its discretion, the board of state canvassers may              

10  hold a hearing on and conduct an investigation regarding the                

11  complaint as provided in subsection (9).  After receiving a                 

12  request from the board of state canvassers under this subsection,           

13  the clerk of a political subdivision shall cooperate fully  with            

14  the board of state canvassers in a request made to the clerk by             

15  the board of state canvassers  in determining the validity of               

16  doubtful signatures by rechecking the signatures against                    

17  registration records in an expeditious and proper manner.  The              

18  board of state convassers may extend the 7-day challenge period             

19  if it finds that the challenger did not receive a copy of each              

20  petition sheet that the challenger requested from the secretary             

21  of state.  The extension of the challenge deadline under this               

22  subsection does not extend another deadline under this section.

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

24  complaint filed or for a purpose considered necessary by the                

25  board of state canvassers to conduct an investigation of the                

26  petitions.  In conducting a hearing, the board of state                     

27  canvassers may issue subpoenas and administer oaths.  The board             

1   of state canvassers may also adjourn periodically awaiting                  

2   receipt of returns from investigations that are being made or for           

3   other necessary purposes, but shall complete the canvass not less           

4   than 9 weeks before the primary election at which candidates are            

5   to be nominated.  Before making a final determination, the board            

6   of state convassers may consider any deficiency found on the face           

7   of the petition that does not require verification against data             

8   maintained in the qualified voter file or in the voter                      

9   registration files maintained by a city or township clerk.

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

11  canvassers meets to make a final determination on challenges to             

12  and sufficiency of a petition, the board shall make public its              

13  staff report concerning disposition of challenges filed against             

14  the petition.  Beginning with the receipt of any document from              

15  local election officials  pursuant to under subsection (8), the            

16  board of state canvassers shall make that document available to             

17  candidates and challengers on a daily basis.                                

18      (11) An official declaration of the sufficiency or                          

19  insufficiency of a nominating petition shall be made by the board           

20  of state canvassers not less than 60 days before the primary                

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

22  filing a nominating petition with the secretary of state, the               

23  person filing the petition may request a notice of the approval             

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

25  time of filing  of  the petition, the secretary of state,                   

26  immediately upon the determination of approval or rejection,                

27  shall transmit by registered mail to the person making the                  

1   request an official notice of the sufficiency or insufficiency of           

2   the petitions.                                                              

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

4   the secretary of state  , feeling and who feels aggrieved by a             

5   determination made by the board of state canvassers  ,  may have            

6   the determination reviewed by mandamus, certiorari, or other                

7   appropriate  remedy process in the supreme court.                          

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

9   validity of petition signatures by verifying the registration of            

10  signers.  If the qualified voter file indicates that, on the date           

11  the elector signed the petition, the elector was not registered             

12  to vote, there is a rebuttable presumption that the signature is            

13  invalid.  If the qualified voter file indicates that, on the date           

14  the elector signed the petition, the elector was not registered             

15  to vote in the city or township designated on the petition, there           

16  is a rebuttable presumption that the signature is invalid.                  

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

18  which candidates are to be nominated, the secretary of state                

19  shall certify to the proper boards of election commissioners in             

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

21  address of each partisan or nonpartisan candidate whose petitions           

22  have been filed with the secretary of state and meet the                    

23  requirements of this act, together with the name of the political           

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

25  candidate.