Act No. 298

Public Acts of 2004

Approved by the Governor

July 23, 2004

Filed with the Secretary of State

July 23, 2004

EFFECTIVE DATE: July 23, 2004

STATE OF MICHIGAN

92ND LEGISLATURE

REGULAR SESSION OF 2004

Introduced by Rep. Hummel

ENROLLED HOUSE BILL No. 6003

AN ACT to amend 1954 PA 116, entitled "An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act," by amending section 972 (MCL 168.972), as amended by 2003 PA 302.

The People of the State of Michigan enact:

Sec. 972. (1) Except as provided in subsection (2), a candidate for a nonpartisan office shall be nominated and voted for in an election scheduled under section 971 by filing a nominating petition or paying a $100.00 nonrefundable fee not later than 4 p.m. on the fifteenth day after the clerk of the county where the petition was filed announces the official result of the recall election. The clerk shall publicly announce the result of the recall election at the conclusion of the meeting held by the board of county canvassers to certify the recall election. The nominating petition shall be filed with the clerk of the electoral district and signed by a number of qualified and registered electors of the electoral district as determined under section 544f. Instead of filing a nominating petition, an individual may become a candidate by paying a $100.00 nonrefundable fee with the clerk of the electoral district.

(2) This subsection applies to an election to fill a vacancy for an unexpired term created by a recall of a school board member, if the election is scheduled to be held on the same date as a general election. A nominating petition filed by a candidate shall be signed by a number of qualified and registered electors of the school district as determined under section 303. The nominating petition shall clearly state that it relates to the filling of a vacancy for an unexpired term and shall be filed with the school district election coordinator, as designated by section 301, not later than 4 p.m. on the fifteenth day after the clerk of the county where the petition was filed announces the official result of the recall election. The clerk shall publicly announce the result of the recall election at the conclusion of the meeting held by the board of county canvassers to certify the recall election. Instead of filing a nominating petition, an individual may become a candidate by paying a $100.00 nonrefundable fee to the school district election coordinator.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor