March 24, 2005, Introduced by Reps. Meyer, Taub, Wenke, Nofs and Stahl and referred to the Committee on House Oversight, Elections, and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 737a (MCL 168.737a), as added by 1996 PA 461.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 737a. (1) Except as otherwise provided in this section,
the board of election inspectors shall not count a write-in vote
for
any a person unless that person has filed a declaration
of
intent to be a write-in candidate as provided in this section. The
write-in candidate shall file the declaration of intent to be a
write-in candidate with the filing official for that elective
office
on or before 4 p.m. on the Friday immediately preceding
before the election. The secretary of state, immediately after the
4
p.m. filing deadline under this subsection, shall prepare and
cause
to be have
delivered a list of all persons who have filed a
declaration
of intent to be a write-in candidate pursuant to
under this subsection, if any, to the appropriate county clerks. A
filing official other than the secretary of state who receives a
declaration of intent to be a write-in candidate or list of persons
who
filed a declaration of intent from another filing official
pursuant
to under this subsection shall
prepare and cause to be
have delivered a list of all persons who have filed a declaration
of
intent to be a write-in candidate pursuant to under
this
subsection to the board of election inspectors in the appropriate
precincts before the close of the polls on election day.
(2) If a candidate whose name is printed on the official
ballot for the election dies or is otherwise disqualified on or
after
the Wednesday immediately preceding before the election,
the requirement of filing a declaration of intent to be a write-in
candidate under subsection (1) does not apply to a write-in
candidate. If a death or disqualification has occurred as described
in this subsection, the board of election inspectors shall count
all write-in votes for write-in candidates for the office sought by
the deceased or disqualified candidate.
(3) Subsections (1) and (2) do not apply to a write-in
candidate for precinct delegate. The board of election inspectors
shall not count a write-in vote for a write-in candidate for
precinct delegate unless that candidate has filed a declaration of
intent to be a write-in candidate as provided in this subsection. A
write-in candidate for precinct delegate shall file a declaration
of intent to be a write-in candidate with the appropriate city or
township clerk for that precinct on or before 4 p.m. on the Friday
immediately
preceding before the election or with the board of
election inspectors in the appropriate precinct before the close of
the polls on election day. A city or township clerk who receives a
declaration of intent to be a write-in candidate from a write-in
candidate
for precinct delegate pursuant to under this subsection
shall
prepare and cause to be have delivered a list of all
persons who have filed a declaration of intent to be a write-in
candidate
pursuant to under this subsection to the board of
election inspectors in the appropriate precincts before the close
of the polls on election day.
(4) Subsections (1) and (2) do not apply to a write-in
candidate for board member of a school district board of education.
The board of election inspectors shall not count a write-in vote
for a write-in candidate for board member of a school district
board of education unless that candidate has filed a declaration of
intent to be a write-in candidate as provided in this subsection. A
write-in candidate for board member of a school district board of
education shall file a declaration of intent to be a write-in
candidate with the school district election coordinator on or
before 4 p.m. on the fourteenth day immediately before the
election. A filing official who receives a declaration of intent to
be a write-in candidate from a write-in candidate for board member
of a school district board of education under this subsection shall
prepare and have delivered a list of all persons who have filed a
declaration of intent to be a write-in candidate under this
subsection to the board of election inspectors in the appropriate
precincts before the close of the polls on election day.
(5) (4)
The secretary of state shall prescribe
forms for
the declaration of intent to be a write-in candidate. Clerks shall
maintain a supply of declaration of intent to be a write-in
candidate forms in the clerk's office and make the forms available
in
the polling places during the August primary regular election
for this purpose. The declaration of intent to be a write-in
candidate form shall include all of the following information:
(a) The name of the person intending to be a write-in
candidate.
(b) The elective office that the person seeks as a write-in
candidate.
(c) The residence address of the person seeking elective
office as a write-in candidate.
(d)
Any other Other information the secretary of state
considers appropriate.