February 18, 2003, Introduced by Reps. Howell and Gaffney and referred to the Committee on Judiciary.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 2, 412, 413a, 415, 416, 417, 424, 424a, 432,
433, 433a, 435, 435a, 436, 437, 444, 467a, 467b, 467c, 467e,
467f, 467g, 467m, and 544b) (MCL 168.2, 168.412, 168.413a,
168.415, 168.416, 168.417, 168.424, 168.424a, 168.432, 168.433,
168.433a, 168.435, 168.435a, 168.436, 168.437, 168.444, 168.467a,
168.467b, 168.467c, 168.467e, 168.467f, 168.467g, 168.467m, and
168.544b), section 2 as amended by 2002 PA 163, sections 413a,
424, 424a, 433, 433a, 444, 467b, 467c, and 467m as amended by
1999 PA 218, sections 415, 416, 435, 435a, 436, 467e, and 467f as
amended by 1990 PA 32, section 467a as amended by 1981 PA 4, and
section 544b as amended by 1999 PA 216, and by adding section 38;
and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2. As used in this act:
2 (a) "Business day" or "secular day" means a day that is not a
3 Saturday, Sunday, or legal holiday.
4 (b) "Election" means an election or primary election at which
5 the electors of this state or of a subdivision of this state
6 choose or nominate by ballot an individual for public office or
7 decide a ballot question lawfully submitted to them.
8 (c) "Judgeship number" means the number the secretary of
9 state assigns under section 38 to a particular judicial office.
10 (d) (c) "Name
that was formally changed" means a name
11 changed by a proceeding under chapter XI of the probate code of
12 1939, 1939 PA 288, MCL
711.1 to 711.3, or former 1915 PA 314 ,
13 or through a similar, statutorily sanctioned procedure under the
14 law of another state or country.
15 Sec. 38. (1) Before September 1, 2003, and in accordance
16 with this section, the secretary of state shall assign a
17 judgeship number to each circuit, probate, and district court
18 judgeship in a circuit, county, district, or division of the
19 circuit, probate, or district court that is a separate election
20 jurisdiction. In each judicial circuit, county, district, or
21 division that is a separate election jurisdiction, the secretary
22 of state shall begin with the number 1 and continue in sequence
23 through the number of judgeships in the circuit, county,
24 district, or division that is a separate election jurisdiction.
25 (2) Promptly after the effective date of this section and
26 with the cooperation of the state court administrative office,
27 the secretary of state shall compile the following information
1 regarding the judgeships in this state:
2 (a) The number of judgeships in each circuit, county,
3 district, or division that is a separate election jurisdiction.
4 (b) The next year in which the regular term of each judgeship
5 will expire.
6 (c) The length of continuous service and the name of the
7 serving judge in each judgeship at the time the information is
8 compiled.
9 (3) Regardless of whether a serving judge remains in office
10 at the time judgeship numbers are assigned, the secretary of
11 state shall use the information compiled under subsection (2) to
12 assign judgeship numbers in each circuit, district, county, or
13 division that is a separate election jurisdiction as follows:
14 (a) Each judgeship shall be assigned a number beginning with
15 the judgeship whose regular term is the first to expire after
16 December 31, 2003.
17 (b) If, when applying subdivision (a), the regular term of
18 more than 1 judgeship will expire at the same time, each of those
19 judgeships shall be assigned a number based on the length of
20 continuous service of each serving judge, beginning with the
21 longest.
22 (c) If, when applying subdivision (b), more than 1 serving
23 judge has the same length of continuous service, the judgeships
24 of those judges shall be assigned numbers in the alphabetical
25 order of the serving judges' surnames, beginning with the surname
26 nearest to the beginning of the alphabet.
27 (4) After a judgeship number is assigned under this section,
1 that judgeship number does not change regardless of a change in
2 the individual serving in that judgeship.
3 (5) A judgeship number assigned under this section is only
4 for the purposes of nominating and electing an individual to the
5 office of circuit, probate, or district court judge under this
6 act. Except for an affidavit of candidacy or an affidavit
7 required by section 544b, a judgeship number shall not appear on
8 a nominating petition, election ballot, statement of returns,
9 certificate of election, or other printed matter on which this
10 act requires the appearance of the name of an individual who is a
11 candidate for or who is elected to judicial office.
12 Sec. 412. (1)
A Except as provided in subsection (2), a
13 general nonpartisan primary election shall be held in every
14 county of this state on the Tuesday succeeding the first Monday
15 in August prior to the
general election at which judges of the
16 circuit court judges are elected, at which time the qualified and
17 registered electors may vote for nonpartisan candidates for the
18 office of judge of
the circuit court judge. If, upon the
19 expiration of the time
for filing petitions or incumbency
20 affidavits of
candidacy for the primary election of said judge of
21 the circuit court in
any judicial circuit, it shall appear that
22 there are not to
exceed twice the number of candidates as there
23 are persons to be
elected, then the secretary of state shall
24 certify to the county
board of election commissioners the name of
25 such candidate for
circuit court judge whose petitions or
26 affidavits have been
properly filed, and such candidate shall be
27 the nominee for the
judge of the circuit court and shall be so
1 certified. As to such
office, there shall be no primary election
2 and this office shall
be omitted from the judicial primary
3 ballot.
4 (2) If, after the deadlines for filing affidavits of
5 candidacy or nominating petitions for the primary election for
6 the office of circuit court judge, there are not at least 3
7 candidates for a judgeship number within that circuit, the
8 secretary of state shall certify to the county board of election
9 commissioners the name of each candidate for that judgeship
10 number for whom an affidavit or petition has been properly
11 filed. Those candidates shall be certified as the nominees for
12 the office of circuit court judge assigned that judgeship
13 number. A primary election shall not be held for that judgeship,
14 which shall be omitted from the judicial primary ballot.
15 Sec. 413a. (1)
Any An incumbent circuit court judge may
16 become a candidate in the primary election for the office of
17 which he or she is an incumbent by filing with the secretary of
18 state an affidavit of candidacy not less than 134 days prior to
19 the date of the primary election. However, if an incumbent
20 judge of the circuit court judge was appointed to fill a
21 vacancy and the judge entered upon the duties of office less than
22 137 days before the date of the primary election, but before the
23 fourteenth Tuesday preceding the primary election, the incumbent
24 judge may file the affidavit of candidacy not more than 3 days
25 after entering upon the duties of office.
26 (2) The An
affidavit of candidacy shall contain statements
27 that the affiant is an incumbent circuit court judge for the
1 circuit in which election is sought, that he or she is domiciled
2 within the circuit, and that he or she will not attain the age of
3 70 by the date of
election. , and An affidavit of candidacy
4 also shall contain a
declaration that he or she the incumbent
5 is a candidate for election to the office of circuit court judge
6 and shall state the judgeship number of the judgeship for which
7 the incumbent is a candidate.
8 Sec. 415. (1) The
candidates for the office of judge of
9 the circuit court
receiving the largest number of votes at any
10 primary election, to a
number equal to twice the number of
11 persons to be elected
as set forth in the report of the board of
12 state canvassers,
based Based on the returns
from the various
13 county boards of canvassers and election precincts or as
14 determined by the board of state canvassers as the result of a
15 recount, the 2 candidates for the office of circuit court judge
16 who receive the highest number of votes at a primary election for
17 a particular judgeship number shall be declared the nominees for
18 the office at the next general election. The board of state
19 canvassers shall certify the nomination to the county election
20 commissions.
21 (2) If, after the deadline for filing nominating petitions
22 under section 413, there
are fewer candidates for nomination or
23 nominees for the
office of judge of the circuit court than there
24 are persons to be
elected at the general November election no
25 candidates for the office of circuit court judge for a particular
26 judgeship number because of the death or disqualification of a
27 candidate more than 65 days before the general November election,
1 then a person an
individual, whether or not an incumbent, may
2 qualify as a nominee for that
office the office with that
3 judgeship number at the general November election by filing
4 nominating petitions as required by section 413. However, the
5 filing shall be made before 4 p.m. on the twenty-first day
6 following the death or disqualification of the candidate or 4
7 p.m. on the sixtieth day preceding the general November election,
8 whichever is earlier, and the minimum number of signatures
9 required is 1,000 or 1/2 the minimum number required under
10 section 413, whichever is less.
11 (3) The secretary of state shall certify the nomination of
12 each person individual
who qualifies as a nominee under
13 subsection (2) to the board of election commissioners specified
14 by section 687 for the general November election.
15 Sec. 416. (1) Except
as otherwise provided in this
16 section, a judge or
judges of the circuit court shall be elected
17 in each provided in subsection (2), an individual shall be
18 elected to the office of circuit court judge with a particular
19 judgeship number in a judicial circuit at the general election in
20 which judges of the
circuit court are that judgeship is to be
21 elected as provided by law.
22 (2) If there are fewer
no nominees for the office of judge
23 of the circuit court
than there are persons circuit
court judge
24 with a particular judgeship number in a judicial circuit to be
25 elected at the general November election because of the death or
26 disqualification of a nominee less than 66 days before the
27 general November
election, then a person an individual shall
1 not be elected at that
general November election to any office
2 of judge of the
circuit court for which there is no nominee the
3 office of circuit court judge with that judgeship number.
4 Sec. 417. The board of state canvassers shall determine
5 which candidate or
candidates for the office of judge of the
6 circuit court for the office of circuit court judge for a
7 particular judgeship number received the greatest number of votes
8 and shall declare such
candidate or candidates duly that
9 candidate elected. The said
board shall forthwith board of
10 state canvassers shall immediately make and subscribe on its
11 statement of returns a
certificate of such the determination
12 and deliver the same statement
of returns to the secretary of
13 state.
14 Sec. 424. (1) If a vacancy occurs in the office of circuit
15 court judge, the governor shall appoint a successor to fill the
16 vacancy. Except as
otherwise provided in section 424a(3), the
17 person The individual appointed by the governor shall
be
18 considered an incumbent
for purposes of this act section 413a.
19 The person individual
appointed by the governor shall hold
20 holds office until 12 noon of January 1 following the next
21 general November election at which a successor is elected and
22 qualified.
23 (2) Except as otherwise provided in section 415(2), at the
24 next fall primary election held at least 105 days after the
25 vacancy occurs, candidates shall be nominated to fill the vacancy
26 in the manner provided in this chapter for the nomination of
27 candidates for circuit court judge. The vacancy shall be filled
1 at the general November election next following the primary in
2 the manner provided in this chapter for the election of circuit
3 court judges. The person
individual elected shall hold office
4 for the remainder of the unexpired term.
5 Sec. 424a. (1)
In the primary and general election for 2
6 or more judgeships of
the circuit court, each of the following
7 categories of
candidates shall be listed separately on the
8 ballot, consistent
with subsection (3):
9 (a) The names of
candidates for the judgeship or judgeships
10 for which the
incumbent is seeking election.
11 (b) The names of
candidates for an existing judgeship or
12 judgeships for which
the incumbent is not seeking election.
13 (c) The names of
candidates for a newly created judgeship or
14 judgeships.
15 (2) Nominating
petitions filed under section 413 are valid
16 only if they clearly
indicate for which of the following offices
17 the candidate is
filing, consistent with subsection (3):
18 (a) An unspecified
existing judgeship for which the incumbent
19 judge is not seeking
election.
20 (b) A new judgeship.
21 (c) An unspecified
existing judgeship for which the incumbent
22 judge is seeking
election.
23 (3) If the death
or disqualification of an incumbent judge
24 triggers the
application of section 415(2), then for the purposes
25 of subsections (1) and
(2), that judgeship shall be regarded as a
26 judgeship for which
the incumbent judge is not seeking election.
27 The application of
this subsection includes, but is not limited
1 to, circumstances in
which the governor appoints an individual to
2 fill the vacancy and
that individual seeks to qualify as a
3 nominee under section
415(2).
4 (4) A person who
files nominating petitions for election to
5 more than 1 circuit
judgeship shall have An
individual who files
6 the proper documentation for the office of circuit court judge
7 for more than 1 judgeship number has not more than 3 days
8 following the close of filing to withdraw from all but 1 filing.
9 If an individual fails to withdraw from all but 1 filing, that
10 individual is disqualified as a candidate for each judgeship for
11 which the individual filed, and the individual's name shall not
12 be printed on the ballot for those judgeships. A vote cast for
13 that individual at the ensuing primary or general election is
14 void and shall not be counted.
15 (5) In a primary
and general election for 2 or more
16 judgeships where more
than 1 of the categories in subsection (2)
17 could be selected, a
candidate shall apply to the bureau of
18 elections for a
written statement of office designation to
19 correspond to the
judgeship sought by the candidate. The office
20 designation provided
by the secretary of state shall be included
21 in the heading of all
nominating petitions. Nominating petitions
22 containing an improper
office designation are invalid.
23 (6) The secretary
of state shall issue an office designation
24 of incumbent position
for any judgeship for which the incumbent
25 judge is eligible to
seek reelection. If an incumbent judge does
26 not file an affidavit
of candidacy by the deadline, the secretary
27 of state shall notify
all candidates for that office that a
1 nonincumbent position
exists. All nominating petitions
2 circulated for the
nonincumbent position subsequent to the
3 deadline shall bear an
office designation of nonincumbent
4 position. All
signatures collected prior to the affidavit of
5 candidacy filing
deadline may be filed with the nonincumbent
6 nominating petitions.
7 Sec. 432. (1)
A Except as provided in subsection (2), a
8 general nonpartisan primary election shall be held in every
9 county of this state on the Tuesday succeeding the first Monday
10 in August preceding every general November election at which
11 judges of probate judges are to be elected, at which
time the
12 qualified and registered electors may vote for nonpartisan
13 candidates for the office
of judge of probate judge. If upon
14 the expiration of the
time for filing petitions or incumbency
15 affidavits of
candidacy for the primary election of said probate
16 judges in any county
it shall appear that there are not to exceed
17 twice the number of
candidates as there are persons to be
18 elected, then the
county clerk shall certify to the county board
19 of election
commissioners the name of such candidate for probate
20 judge whose petitions
have been properly filed and such candidate
21 shall be the nominee
for the judge of probate and shall be so
22 certified. As to such
office, there shall be no primary election
23 and this office shall
be omitted from the judicial primary
24 ballot.
25 (2) If, after the deadlines for filing affidavits of
26 candidacy or nominating petitions for the primary election for
27 the office of probate judge, there are not at least 3 candidates
1 for a judgeship number within that county, the secretary of state
2 shall certify to the county board of election commissioners the
3 name of each candidate for that judgeship number for whom an
4 affidavit or petition has been properly filed. Those candidates
5 shall be certified as the nominees for the office of probate
6 judge assigned that judgeship number. A primary election shall
7 not be held for that judgeship, which shall be omitted from the
8 judicial primary ballot.
9 Sec. 433. (1) To
obtain the printing of the name of a
10 person an individual as a candidate for nomination
for the
11 office of judge of probate
judge upon the official nonpartisan
12 primary ballots, there shall be filed with the county clerk of
13 each county nominating petitions containing the signatures,
14 addresses, and dates of signing of a number of qualified and
15 registered electors residing in the county as determined under
16 section 544f or by the filing of an affidavit according to
17 section 433a. The county clerk shall receive nominating
18 petitions up to 4 p.m. on the fourteenth Tuesday preceding the
19 August primary. The provisions of sections 544a and 544b apply.
20 (2) Nominating
petitions filed under this section are valid
21 only if they clearly
indicate for which of the following offices
22 the candidate is
filing, consistent with section 435a(2):
23 (a) An unspecified
existing judgeship for which the incumbent
24 judge is seeking
election.
25 (b) An unspecified
existing judgeship for which the incumbent
26 judge is not seeking
election.
27 (c) A new
judgeship.
1 (2) (3) A
person who files nominating petitions for election
2 to more than 1 probate
judgeship shall have An
individual who
3 files the proper documentation for the office of probate judge
4 for more than 1 judgeship number has not more than 3 days
5 following the close of filing to withdraw from all but 1 filing.
6 If an individual fails to withdraw from all but 1 filing, that
7 individual is disqualified as a candidate for each judgeship for
8 which the individual filed, and the individual's name shall not
9 be printed on the ballot for those judgeships. A vote cast for
10 that individual at the ensuing primary or general election is
11 void and shall not be counted.
12 (4) In a primary
and general election for 2 or more
13 judgeships where more
than 1 of the categories in subsection (2)
14 could be selected, a
candidate shall apply to the bureau of
15 elections for a
written statement of office designation to
16 correspond to the
judgeship sought by the candidate. The office
17 designation provided
by the secretary of state shall be included
18 in the heading of all
nominating petitions. Nominating petitions
19 containing an improper
office designation are invalid.
20 (5) The secretary
of state shall issue an office designation
21 of incumbent position
for any judgeship for which the incumbent
22 judge is eligible to
seek reelection. If an incumbent judge does
23 not file an affidavit
of candidacy by the deadline, the secretary
24 of state shall notify
all candidates for that office that a
25 nonincumbent position
exists. All nominating petitions
26 circulated for the
nonincumbent position subsequent to the
27 deadline shall bear an
office designation of nonincumbent
1 position. All
signatures collected prior to the affidavit of
2 candidacy filing
deadline may be filed with the nonincumbent
3 nominating petitions.
4 Sec. 433a. (1)
Any An incumbent probate court judge may
5 become a candidate in the primary election for the office of
6 which he or she is an incumbent by filing with the county clerk,
7 or in case of a probate district with the secretary of state, an
8 affidavit of candidacy not less than 134 days prior to the date
9 of the primary election.
However, if an incumbent judge of
10 probate court judge was appointed to fill a vacancy and the judge
11 entered upon the duties of office less than 137 days before the
12 date of the primary election, but before the fourteenth Tuesday
13 preceding the primary election, the incumbent judge may file the
14 affidavit of candidacy not more than 3 days after entering upon
15 the duties of office.
16 (2) The An
affidavit of candidacy shall contain statements
17 that the affiant is an incumbent probate court judge of the
18 county or district of
in which election is sought, that he or
19 she is domiciled within the county or district, and that he or
20 she will not attain the age of 70 years by the date of election.
21 , and An affidavit of candidacy also shall contain a
22 declaration that he
or she the incumbent is a candidate for
23 election to the office of probate court judge and shall state the
24 judgeship number of the judgeship for which the incumbent is a
25 candidate.
26 Sec. 435. (1) The
candidates for the office of judge of
27 probate receiving the
largest number of votes at any primary
1 election, to a number
equal to twice the number of places to be
2 filled as set forth in
the report of the board of county
3 canvassers, based Based on the returns from the various election
4 precincts or as determined by the board of county canvassers as
5 the result of a recount, the 2 candidates for the office of
6 probate judge who receive the highest number of votes at a
7 primary election for a particular judgeship number shall be
8 declared the nominees for the office at the next November
9 election. The board of county canvassers shall certify the
10 nominations to the county election commission.
11 (2) If, after the deadline for filing nominating petitions
12 under section 433, there
are fewer candidates for nomination or
13 nominees for the
office of judge of probate than there are
14 persons to be elected no candidates for the office of probate
15 judge for a particular judgeship number because of the death or
16 disqualification of a candidate more than 65 days before the
17 general November
election, then a person an individual, whether
18 or not an incumbent, may
qualify as a nominee for that office
19 the office with that judgeship number at the general November
20 election by filing nominating petitions with the county clerk or,
21 in case of a probate district, with the secretary of state in the
22 manner required by section 433. However, the filing shall be
23 made before 4 p.m. on the twenty-first day following the death or
24 disqualification of the candidate or 4 p.m. on the sixtieth day
25 preceding the general November election, whichever is earlier,
26 and the minimum number of signatures required is 1,000 or 1/2 the
27 minimum number required under section 433, whichever is less.
1 (3) The county clerk or, in case of a probate district, the
2 secretary of state shall
certify the nomination of each person
3 individual who qualifies as a nominee under subsection (2) to the
4 board of election commissioners specified by section 687 for the
5 general November election.
6 Sec. 435a. (1)
In the primary and general election for 2
7 or more probate
judgeships, each of the following categories of
8 candidates shall be
listed separately on the ballot, consistent
9 with subsection (2):
10 (a) The names of
candidates for the judgeship or judgeships
11 for which the
incumbent is seeking election.
12 (b) The names of
candidates for an existing judgeship or
13 judgeships for which
the incumbent is not seeking election.
14 (c) The names of
candidates for a newly created judgeship or
15 judgeships.
16 (2) If the death
or disqualification of an incumbent judge
17 triggers the
application of section 435(2), then for the purposes
18 of subsection (1) and
section 433(2), that judgeship shall be
19 regarded as a
judgeship for which the incumbent judge is not
20 seeking election. The
application of this subsection includes,
21 but is not limited to,
circumstances in which the governor
22 appoints an individual
to fill the vacancy and that individual
23 seeks to qualify as a
nominee under section 435(2).
24 (3) In the primary or general election for a judge of
25 probate, any probate judge, an incumbent judge who is a
26 candidate shall have printed upon the ballot under the name of
27 the candidate the designation of that office.
1 Sec. 436. (1) Except
as otherwise provided in this
2 section, a judge or
judges of probate shall be elected in each
3 provided in subsection (2), an individual shall be elected to the
4 office of probate judge with a particular judgeship number in a
5 probate court district
created pursuant to law and each or a
6 county at the general
November election in which judges of
7 probate are that judgeship is to be elected as provided by
law.
8 Each probate court district created pursuant to law and each
9 county shall have that number of judges of probate as provided by
10 law.
11 (2) If there are fewer
no nominees for the office of judge
12 of probate than there
are persons to be elected probate
judge
13 with a particular judgeship number in a probate district or
14 county because of the death or disqualification of a nominee less
15 than 66 days before the
general November election, then a
16 person an individual shall not be elected at that
general
17 November election to any
office of judge of probate for which
18 there is no nominee the office of probate judge with that
19 judgeship number.
20 Sec. 437. The board of county canvassers shall determine
21 which candidate or
candidates for the office of judge of
22 probate for the office of probate judge for a particular
23 judgeship number received the greatest number of votes and shall
24 declare such
candidate or candidates duly that candidate
25 elected. The said
board shall forthwith board of county
26 canvassers shall immediately make and subscribe on its statement
27 of returns a certificate
of such the determination and deliver
1 the same statement
of returns to the county clerk.
2 Sec. 444. (1) If a
vacancy occurs in the office of judge
3 of probate judge, the governor shall appoint a successor to fill
4 the vacancy. Except
as otherwise provided in section 435a(2),
5 the person The individual appointed by the governor shall
be
6 considered an incumbent
for purposes of this act section 433a
7 and shall hold holds
office until 12 noon of January 1
8 following the next general November election at which a successor
9 is elected and qualified.
10 (2) Except as otherwise provided in section 435(2), at the
11 next primary election held at least 105 days after the vacancy
12 occurs, candidates shall be nominated to fill the vacancy in the
13 manner provided for in this chapter for the nomination of
14 candidates for judge
of probate judge. The vacancies shall be
15 filled at the general November election next following the
16 primary in the manner provided for in this chapter for the
17 election of judges of
probate judge. The person individual
18 elected shall hold office for the remainder of the unexpired
19 term.
20 Sec. 467a. (1)
Except as provided in section 467n
21 subsection (2), a general nonpartisan primary election shall be
22 held in every district and election division of this state on the
23 Tuesday succeeding the first Monday in August prior to the
24 general election at which
judges of the district court judges
25 are elected, at which time the qualified and registered electors
26 may vote for nonpartisan
candidates for judge of the district
27 court judge. If
upon the expiration of the time for filing
1 petitions of candidacy
for the primary election of the judge of
2 the district court in
any district or election division, it
3 appears that there are
not to exceed twice the number of
4 candidates as there
are persons to be elected, the secretary of
5 state shall certify to
the county board of election commissioners
6 the name of those
candidates for district court judge whose
7 petitions or
affidavits of candidacy have been properly filed and
8 those candidates shall
be the nominees for the judge of the
9 district court and
shall be so certified. As to that office,
10 there shall not be a
primary election and this office shall be
11 omitted from the
judicial primary ballot.
12 (2) If, after the deadlines for filing affidavits of
13 candidacy or nominating petitions for the primary election for
14 the office of district court judge, there are not at least 3
15 candidates for a judgeship number within that district or
16 election division, the secretary of state shall certify to the
17 county board of election commissioners the name of each candidate
18 for that judgeship number for whom an affidavit or petition has
19 been properly filed. Those candidates shall be certified as the
20 nominees for the office of district court judge assigned that
21 judgeship number. A primary election shall not be held for that
22 judgeship, which shall be omitted from the judicial primary
23 ballot.
24 Sec. 467b. (1) To
obtain the printing of the name of a
25 person an individual as a candidate for nomination
for the
26 office of judge of
the district court judge upon the official
27 nonpartisan primary ballots, there shall be filed with the
1 secretary of state nominating petitions containing the
2 signatures, addresses, and dates of signing of a number of
3 qualified and registered electors residing in the judicial
4 district or division as determined under section 544f. An
5 incumbent district court judge may also become a candidate by the
6 filing of an affidavit in lieu of petitions according to section
7 467c. The secretary of state shall receive nominating petitions
8 up to 4 p.m. on the fourteenth Tuesday preceding the primary.
9 The provisions of sections 544a and 544b apply.
10 (2) Nominating
petitions filed under this section are valid
11 only if they clearly
indicate for which of the following offices
12 the candidate is
filing, consistent with section 467c(4):
13 (a) An unspecified
existing judgeship for which the incumbent
14 judge is seeking
election.
15 (b) An unspecified
existing judgeship for which the incumbent
16 judge is not seeking
election.
17 (c) A new
judgeship.
18 (2) (3) A
person who files nominating petitions for election
19 to more than 1
district judgeship shall have An
individual who
20 files the proper documentation for the office of district court
21 judge for more than 1 judgeship number has not more than 3 days
22 following the close of filing to withdraw from all but 1 filing.
23 If an individual fails to withdraw from all but 1 filing, that
24 individual is disqualified as a candidate for each judgeship for
25 which the individual filed, and the individual's name shall not
26 be printed on the ballot for those judgeships. A vote cast for
27 that individual at the ensuing primary or general election is
1 void and shall not be counted.
2 (4) In a primary
and general election for 2 or more
3 judgeships where more
than 1 of the categories in subsection (2)
4 could be selected, a
candidate shall apply to the bureau of
5 elections for a
written statement of office designation to
6 correspond to the
judgeship sought by the candidate. The office
7 designation provided
by the secretary of state shall be included
8 in the heading of all
nominating petitions. Nominating petitions
9 containing an improper
office designation are invalid.
10 (5) The secretary
of state shall issue an office designation
11 of incumbent position
for any judgeship for which the incumbent
12 judge is eligible to
seek reelection. If an incumbent judge does
13 not file an affidavit
of candidacy by the deadline, the secretary
14 of state shall notify
all candidates for that office that a
15 nonincumbent position
exists. All nominating petitions
16 circulated for the
nonincumbent position subsequent to the
17 deadline shall bear an
office designation of nonincumbent
18 position. All
signatures collected prior to the affidavit of
19 candidacy filing
deadline may be filed with the nonincumbent
20 nominating petitions.
21 Sec. 467c. (1) An incumbent district court judge may become
22 a candidate in the primary election for the office of which he or
23 she is an incumbent by filing with the secretary of state an
24 affidavit of candidacy in lieu of nominating petitions not less
25 than 134 days prior to the date of the primary election.
26 However, if an incumbent district court judge was appointed to
27 fill a vacancy and the judge entered upon the duties of office
1 less than 137 days before the date of the primary election, but
2 before the fourteenth Tuesday preceding the primary election, the
3 incumbent judge may file the affidavit of candidacy not more than
4 3 days after entering
upon the duties of office. The
5 (2) An affidavit of candidacy shall contain statements that
6 the affiant is an incumbent district court judge for the district
7 or election division in which election is sought, that he or she
8 is domiciled within the district or election division, and that
9 he or she will not attain the age of 70 by the date of election.
10 , and An affidavit of candidacy also shall contain a
11 declaration that the affiant is a candidate for election to the
12 office of district court judge and shall state the judgeship
13 number of the judgeship for which the incumbent is a candidate.
14 (3) (2) There
shall be printed upon the ballot under the
15 name of each incumbent district judge who is a candidate for
16 nomination or election to the same office the designation of that
17 office.
18 (3) In the
primary and general election for 2 or more
19 judgeships of the
district court, each of the following
20 categories of
candidates shall be listed separately on the
21 ballot, consistent
with subsection (4):
22 (a) The names of
candidates for the judgeship or judgeships
23 for which the
incumbent is seeking election.
24 (b) The names of
candidates for an existing judgeship or
25 judgeships for which
the incumbent is not seeking election.
26 (c) The names of
candidates for a newly created judgeship or
27 judgeships.
1 (4) If the death
or disqualification of an incumbent judge
2 triggers the application
of section 467e(2), then for the
3 purposes of subsection
(3) and section 467b(2), that judgeship
4 shall be regarded as a
judgeship for which the incumbent judge is
5 not seeking election.
The application of this subsection
6 includes, but is not
limited to, circumstances in which the
7 governor appoints an
individual to fill the vacancy and that
8 individual seeks to
qualify as a nominee under section 467e(2).
9 Sec. 467e. (1) The
candidates for the office of judge of
10 the district court
receiving the largest number of votes at any
11 primary election, to a
number equal to twice the number of
12 persons to be elected
as set forth in the report of the board of
13 state canvassers,
based Based on the returns
from the various
14 county boards of canvassers and election precincts or as
15 determined by the board of state canvassers as the result of a
16 recount, the 2 candidates for the office of district court judge
17 who receive the highest number of votes at a primary election for
18 a particular judgeship number shall be declared the nominees for
19 the office at the next general November election. The board of
20 state canvassers shall certify the nomination to the county
21 election commissions.
22 (2) If, after the deadline for filing nominating petitions
23 under section 467b, there
are fewer candidates for nomination or
24 nominees for the
office of judge of the district court than there
25 are persons to be
elected no candidates for the
office of
26 district court judge for a particular judgeship number because of
27 the death or disqualification of a candidate more than 65 days
1 before the general
November election, then a person an
2 individual, whether or not an incumbent, may qualify as a nominee
3 for that office the
office with that judgeship number at the
4 general November election by filing nominating petitions as
5 required by section 467b. However, the filing shall be made
6 before 4 p.m. on the twenty-first day following the death or
7 disqualification of the candidate or 4 p.m. on the sixtieth day
8 preceding the general November election, whichever is earlier,
9 and the minimum number of signatures required is 1,000 or 1/2 the
10 minimum number required under section 467b, whichever is less.
11 (3) The secretary of state shall certify the nomination of
12 each person individual
who qualifies as a nominee under
13 subsection (2) to the board of election commissioners specified
14 by section 687 for the general November election.
15 Sec. 467f. (1)
Except as otherwise provided in this
16 section, judges of the
district court shall be elected in each
17 provided in subsection (2), an individual shall be elected to the
18 office of district court judge with a particular judgeship number
19 in a judicial district and
or election division of a judicial
20 district at the general election to fill vacancies in office as
21 of the following January 1.
22 (2) If there are fewer
no nominees for the office of judge
23 of the district court
than there are persons to be elected
24 district court judge with a particular judgeship number in a
25 judicial district or division because of the death or
26 disqualification of a nominee less than 66 days before the
27 general November
election, then a person an individual shall
1 not be elected at that
general November election to any office
2 of judge of the
district court for which there is no nominee the
3 office of district court judge with that judgeship number.
4 Sec. 467g. The board of state canvassers shall determine
5 which candidate or
candidates for the office of judge of the
6 district court for the office of district court judge for a
7 particular judgeship number received the greatest number of votes
8 and shall declare such
candidate or candidates duly that
9 candidate elected. The
board shall forthwith of state
10 canvassers shall immediately make and subscribe on its statement
11 of returns a certificate
of such the determination and deliver
12 it to the secretary of state.
13 Sec. 467m. (1) If a vacancy occurs in the office of
14 district court judge, the governor shall appoint a successor to
15 fill the vacancy. Except
as otherwise provided in section
16 467c(4), the person The individual appointed by the governor
17 shall be considered an
incumbent for purposes of this act
18 section 467c and shall
hold holds office until 12 noon of
19 January 1 following the next general November election at which a
20 successor is elected and qualified.
21 (2) Except as otherwise provided in section 467e(2),
22 candidates shall be nominated at the next fall primary held at
23 least 105 days after the vacancy occurs, to fill the vacancy in
24 the manner provided for in this chapter for the nomination of
25 candidates for district court judge. The vacancy shall be filled
26 at the general November election next following the primary in
27 the manner provided for in this chapter for the election of
1 district court judges.
The person individual elected shall
2 hold office for the remainder of the unexpired term.
3 Sec. 544b. (1)
Except as provided in subsection (2), a
4 person shall an individual does not qualify as a candidate
for
5 any a judicial office of this state unless the person
6 individual files an affidavit with his or her nominating
7 petitions on a form prescribed by the secretary of state stating
8 that he or she possesses the constitutional qualifications set
9 forth in section 19 of article VI of the state constitution of
10 1963. The affidavit required by this subsection must also state
11 the judgeship number of the circuit, probate, or district court
12 judgeship in the circuit, county, district, or division of the
13 circuit, probate, or district court for which the individual is
14 filing the nominating petition and affidavit.
15 (2) In cases
where For candidates for judicial office who
16 are nominated at political party conventions, the chairperson and
17 secretary of the party shall file the affidavit with the
18 secretary of state not more than 1 business day after the
19 conclusion of the convention.
20 Enacting section 1. Sections 325, 416a to 416d, 426a to
21 426n, 467n, and 467p of the Michigan election law, 1954 PA 116,
22 MCL 168.325, 168.416a to 168.416d, 168.426a to 168.426n,
23 168.467n, and 168.467p, are repealed.