January 25, 2005, Introduced by Senators CASSIS, SWITALSKI, GARCIA and GOSCHKA and referred to the Committee on Government Operations.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 71, 161, 191, 281, 321, 342, 381, 391, 409,
411, 426b, 431, and 467 (MCL 168.71, 168.161, 168.191, 168.281,
168.321, 168.342, 168.381, 168.391, 168.409, 168.411, 168.426b,
168.431, and 168.467), sections 71, 161, 191, 281, 342, 391, 409,
411, 426b, 431, and 467 as amended by 1999 PA 218, section 321 as
amended by 2003 PA 302, and section 381 as amended by 2004 PA 290.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
71. (1) A person shall is not be eligible to for
the offices of secretary of state or attorney general if the person
is
not a registered and qualified elector of this state by not
less than 30 days before the date the person is nominated for the
office.
(2) A person who has been convicted of a violation of section
12a(1)
of 1941 PA 370, MCL 38.412a, shall is not be eligible
to
for the offices of secretary
of state or attorney general for a
period of 20 years after conviction.
Sec.
161. (1) A person shall is not be eligible to for
the office of state senator or representative unless the person is
a citizen of the United States and, by not less than 30 days before
the filing deadline, a registered and qualified elector of the
district
he or she represents, by the filing deadline, as
provided
in section 7 of article 4 IV of the state constitution
of 1963.
(2) A person who has been convicted of a violation of section
12a(1)
of 1941 PA 370, MCL 38.412a, shall is not be eligible
to
for the office of state
senator or representative for a period
of 20 years after conviction.
Sec.
191. (1) A person shall is not be eligible to for
the office of county clerk, county treasurer, register of deeds,
prosecuting attorney, sheriff, drain commissioner, surveyor, or
coroner if the person is not a registered and qualified elector of
the
county in which election is sought by not less than 30 days
before the filing deadline.
(2) A person who has been convicted of a violation of section
12a(1)
of 1941 PA 370, MCL 38.412a, shall is not be eligible
to
for any of the offices
enumerated in this section for a period
of 20 years after conviction.
Sec.
281. (1) A person shall is not be eligible to for
membership on the state board of education, the board of regents of
the university of Michigan, the board of trustees of Michigan state
university, or the board of governors of Wayne state university if
the
person is not a registered and qualified elector of this state
on
not less than 30 days before
the date the person is nominated
for the office.
(2) A person who has been convicted of a violation of section
12a(1)
of 1941 PA 370, MCL 38.412a, shall is not be eligible
to
for membership on any of the
boards enumerated in this section
for a period of 20 years after conviction.
Sec. 321. (1) Except as provided in this subsection,
subsection (3), and sections 327, 641, 642, 642a, and 644g, the
qualifications, nomination, election, appointment, term of office,
and removal from office of a city officer shall be in accordance
with the charter provisions governing the city. In addition to the
charter provisions, a person is not eligible for a city office if
the person is not a registered and qualified elector of the city in
which election is sought not less than 30 days before the filing
deadline or date of appointment to the office.
(2) Within 3 days after the last day on which a candidate for
a city office may withdraw, the city clerk shall deliver to the
county clerk of the county in which the city is located a list
setting forth the name and address of each candidate for a city
office.
(3) If the membership of the legislative body of a city
governed by the home rule city act, 1909 PA 279, MCL 117.1 to
117.38, is reduced to less than a quorum, unless another method of
appointing members of the legislative body is provided by the city
charter, members of the legislative body are appointed as provided
in this subsection. The board of county election commissioners of
the county in which the largest portion of the population of the
city resides shall appoint the number of members of the legislative
body required to constitute a quorum for the transaction of
business by the legislative body. A member of the legislative body
appointed under this subsection shall hold the office only until
the member's successor is elected and qualified. The successor
shall be elected at a special or regular election on the next
regular election date that is not less than 60 days after the
appointment is made. The successor shall serve for the balance of
the unexpired term. A member who is appointed under this subsection
shall not vote on the appointment of himself or herself to an
elective or appointive city office.
(4) Notwithstanding another provision of law or charter to the
contrary, an appointment to an elective or appointive city office
made by a quorum constituted by appointments under this section
expires upon the election and qualification of a sufficient number
of members of the legislative body so that the elected members
constitute a quorum.
Sec.
342. (1) A person shall is not be eligible to for a
township office unless the person is a registered and qualified
elector
of the township in which election is sought by not less
than
30 days before the filing deadline. A
person shall is not
be
eligible for membership on the
board of review unless, in
addition to the qualifications for eligibility to a township
office, the person is a landowner and taxpayer in the township.
(2) A person who has been convicted of a violation of section
12a(1)
of 1941 PA 370, MCL 38.412a, shall is not be eligible
for election or appointment to an elective or appointive township
office for a period of 20 years after conviction.
Sec. 381. (1) Except as provided in subsection (2) and
sections 383, 641, 642, and 644g, the qualifications, nomination,
election, appointment, term of office, and removal from office of a
village officer shall be as determined by the charter provisions
governing the village. In addition to the charter provisions, a
person is not eligible for a village office if the person is not a
registered and qualified elector of the village in which election
is sought not less than 30 days before the filing deadline or date
of appointment to the office.
(2) If the membership of the village council of a village
governed by the general law village act, 1895 PA 3, MCL 61.1 to
74.25, is reduced to less than a quorum of 4 and a special election
for the purpose of filling all vacancies in the office of trustee
is called under section 13 of chapter II of the general law village
act, 1895 PA 3, MCL 62.13, temporary appointments of trustees shall
be made as provided in this subsection. The board of county
election commissioners of the county in which the largest portion
of the population of the village is situated shall make temporary
appointment of the number of trustees required to constitute a
quorum for the transaction of business by the village council. A
trustee appointed under this subsection shall hold the office only
until the trustee's successor is elected and qualified. A trustee
who is temporarily appointed under this subsection shall not vote
on the appointment of himself or herself to an elective or
appointive village office.
(3) Notwithstanding another provision of law or charter to the
contrary, an appointment to an elective or appointive village
office made by a quorum constituted by temporary appointments under
this subsection
section expires upon the election and
qualification of trustees under the special election called to fill
the vacancies in the office of trustee.
Sec.
391. (1) A person shall is not be eligible to for
the office of justice of the supreme court unless the person is a
registered
and qualified elector of this state by not less than
30 days before the filing deadline or the date the person files the
affidavit of candidacy, is licensed to practice law in this state,
and at the time of election or appointment is less than 70 years of
age.
(2) A person who has been convicted of a violation of section
12a(1)
of 1941 PA 370, MCL 38.412a, shall is not be eligible
for election or appointment to the office of justice of the supreme
court for a period of 20 years after conviction.
Sec.
409. (1) A person shall is not be eligible for the
office of judge of the court of appeals unless the person is a
registered and qualified elector of the appellate court district in
which
election is sought by not
less than 30 days before the
filing deadline or the date the person files the affidavit of
candidacy, is licensed to practice law in this state, and, at the
time of election or appointment, is less than 70 years of age.
(2) A person who has been convicted of a violation of section
12a(1)
of 1941 PA 370, MCL 38.412a, shall is not be eligible
for election or appointment to the office of judge of the court of
appeals for a period of 20 years after conviction.
Sec.
411. (1) A person shall is not be eligible to for
the office of judge of the circuit court unless the person is a
registered and qualified elector of the judicial circuit in which
election
is sought by not less
than 30 days before the filing
deadline or the date the person files the affidavit of candidacy,
as
provided in section 11 22 of article VI of the state
constitution of 1963, is licensed to practice law in this state,
and, at the time of election, is less than 70 years of age.
(2) A person who has been convicted of a violation of section
12a(1)
of 1941 PA 370, MCL 38.412a, shall is not be eligible
for election or appointment to the office of judge of the circuit
court for a period of 20 years after conviction.
Sec.
426b. (1) A person shall is not be eligible to for
the office of judge of a municipal court of record as described in
section 426a unless the person is a registered and qualified
elector
of the municipality in which election is sought by not
less than 30 days before the filing deadline or the date the person
files the affidavit of candidacy, is licensed to practice law in
this state, and, at the time of election, is less than 70 years of
age.
(2) A person who has been convicted of a violation of section
12a(1)
of 1941 PA 370, MCL 38.412a, shall is not be eligible
for election or appointment to the office of judge of a municipal
court of record as described in section 426a for a period of 20
years after conviction.
Sec.
431. (1) A person shall is not be eligible to for
the office of judge of probate unless the person is a registered
and qualified elector of the county in which election is sought by
not less than 30 days before the filing deadline or the date the
person
files the affidavit of candidacy, as provided in section 16
22 of article VI of the state constitution of 1963, is licensed to
practice law in this state except as provided in section 7 of the
schedule and temporary provisions of the state constitution of
1963, and, at the time of election, is less than 70 years of age.
(2) A person who has been convicted of a violation of section
12a(1)
of 1941 PA 370, MCL 38.412a, shall is not be eligible
for election or appointment to the office of judge of probate for a
period of 20 years after conviction.
Sec.
467. (1) A person shall is not be eligible for the
office of judge of the district court unless the person is a
registered and qualified elector of the judicial district and
election
division in which election is sought by not less than 30
days before the filing deadline or the date the person files the
affidavit of candidacy, is licensed to practice law in this state,
and, at the time of election or appointment, is less than 70 years
of age.
(2) A person who has been convicted of a violation of section
12a(1)
of 1941 PA 370, MCL 38.412a, shall is not be eligible
for election or appointment to the office of judge of the district
court for a period of 20 years after conviction.