February 7, 2006, Introduced by Senator CROPSEY and referred to the Committee on Government Operations.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 544c (MCL 168.544c), as amended by 2002 PA 431.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 544c. (1) A nominating petition shall be 8-1/2 inches by
14 inches in size. On a nominating petition, the words "nominating
petition" shall be printed in 24-point boldface type. "We, the
undersigned," et cetera shall be printed in 8-point type. "Warning"
and language in the warning shall be printed in 12-point boldface
type. The balance of the petition shall be printed in 8-point type.
The name, address, and party affiliation of the candidate and the
office for which petitions are signed shall be printed in type not
larger than 24-point. The petition shall be in the following form:
NOMINATING PETITION
(PARTISAN)
We, the undersigned, registered and qualified voters of the
city or township of ............, in the county of ............
(strike 1)
and state of Michigan, nominate,
....................................................................
(NAME OF CANDIDATE)
................................................................... ,
(Street Address or Rural Route) (City or Township)
as a candidate of the ................... party for the office of
........................ ,
....................................................................
(District, if any)
to be voted for at the primary election to be held on the
............. day .............. , 20.... .
WARNING
A person who knowingly signs more petitions for the same
office than there are persons to be elected to the office or signs
a name other than his or her own is violating the provisions of the
Michigan election law.
____________________________________________________________________
Printed Street Address
Name and or Zip Code Date of Signing
Signature Rural Route Mo. Day Year
____________________________________________________________________
1. ____________________________________________________________
2. ____________________________________________________________
3. ____________________________________________________________
4. ____________________________________________________________
numbered lines as above
CERTIFICATE OF CIRCULATOR
The undersigned circulator of the above petition asserts that
he or she is qualified to circulate this petition and that each
signature on the petition was signed in his or her presence; and
that, to his or her best knowledge and belief, each signature is
the genuine signature of the person purporting to sign the
petition, the person signing the petition was at the time of
signing a qualified registered elector of the city or township
listed in the heading of the petition, and the elector was
qualified to sign the petition.
Circulator--Do not sign or date certificate until after
circulating petition.
_______________________________________________________________
(Printed Name and Signature of Circulator) (Date)
_______________________________________________________________
(City or Township Where Registered)
[or, for petitions under section 482,
"(City or Township Where Qualified to be Registered)"]
_______________________________________________________________
Complete Residence Address (Street and Number or Rural Route)
_______________________________________________________________
(Zip Code)
Warning-A circulator knowingly making a false statement in the
above certificate, a person not a circulator who signs as a
circulator, or a person who signs a name other than his or her own
as circulator is guilty of a misdemeanor.
(2) The petition shall be in a form providing a space for the
circulator and each elector who signs the petition to print his or
her name. The secretary of state shall prescribe the location of
the space for the printed name. The failure of the circulator or an
elector who signs the petition to print his or her name, to print
his or her name in the location prescribed by the secretary of
state, or to enter a zip code or his or her correct zip code does
not affect the validity of the signature of the circulator or the
elector who signs the petition. A printed name located in the space
prescribed for printed names does not constitute the signature of
the circulator or elector.
(3) At the time of circulation, the circulator of a petition
shall be a registered elector of this state. At the time of
executing the certificate of circulator, the circulator shall be
registered in the city or township indicated in the certificate of
circulator on the petition. However, the circulator of a petition
under section 482 need only be qualified to be a registered elector
of this state at the time of circulation and at the time of
executing the certificate of circulator.
(4) The circulator of a petition shall sign and date the
certificate of circulator before the petition is filed. A
circulator shall not obtain electors' signatures after the
circulator has signed and dated the certificate of circulator. A
filing official shall not count electors' signatures that were
obtained after the date the circulator signed the certificate or
that are contained in a petition that the circulator did not sign
and date.
(5) Except as provided in section 544d, a petition sheet shall
not be circulated in more than 1 city or township and each signer
of a petition sheet shall be a registered elector of the city or
township indicated in the heading of the petition sheet. The
invalidity of 1 or more signatures on a petition does not affect
the validity of the remainder of the signatures on the petition.
(6) An individual shall not sign more nominating petitions for
the same office than there are persons to be elected to the office.
An individual who violates this subsection is guilty of a
misdemeanor.
(7) An individual shall not do any of the following:
(a) Sign a petition with a name other than his or her own.
(b) Make a false statement in a certificate on a petition.
(c) If not a circulator, sign a petition as a circulator.
(d) Sign a name as circulator other than his or her own.
(8) An individual who violates subsection (7) is guilty of a
misdemeanor punishable by a fine of not more than $500.00 or
imprisonment for not more than 93 days, or both.
(9) If after a canvass and a hearing on a petition under
section 476 or 552 the board of state canvassers determines that an
individual has knowingly and intentionally failed to comply with
subsection (7), the board of state canvassers may impose 1 or more
of the following sanctions:
(a) Disqualify obviously fraudulent signatures on a petition
form on which the violation of subsection (7) occurred, without
checking the signatures against local registration records.
(b) Disqualify from the ballot a candidate who committed,
aided or abetted, or knowingly allowed the violation of subsection
(7) on a petition to nominate that candidate.
(10) If an individual violates subsection (7) and the affected
petition sheet is filed, each of the following who knew of the
violation of subsection (7) before the filing of the affected
petition sheet and who failed to report the violation to the
secretary of state, the filing official, if different, the attorney
general, a law enforcement officer, or the county prosecuting
attorney
is guilty of a misdemeanor, punishable by a fine of not
more
than $500.00 or imprisonment for not more than 1 year, or both
as set forth under subsection (11):
(a) The circulator of the petition, if different than the
individual who violated subsection (7).
(b) If the petition is a nominating petition, the candidate
whose nomination is sought.
(c) If the petition is a petition for a ballot question or
recall, the organization or other person sponsoring the petition
drive.
(11) A violation under subsection (10) is punishable by
imprisonment for not more than 1 year or the following applicable
fine, or both:
(a) For a first violation, a fine of not less than $500.00 or
more than $1,000.00 for each fraudulent signature or false
statement.
(b) For a second violation, a fine of not less than $1,000.00
or more than $1,500.00 for each fraudulent signature or false
statement.
(c) For a third or subsequent violation, a fine of not less
than $1,500.00 or more than $2,000.00 for each fraudulent signature
or false statement.
(12) (11)
If after a canvass and a hearing
on a petition
under section 476 or 552 the board of state canvassers determines
that an individual has violated subsection (10), the board of state
canvassers may impose 1 or more of the following sanctions:
(a) Impose on the organization or other person sponsoring the
petition drive an administrative fine of not more than $5,000.00.
(b) Charge the organization or other person sponsoring the
petition drive for the costs of canvassing a petition form on which
a violation of subsection (7) occurred.
(c) Disqualify an organization or other person described in
subdivision (a) from collecting signatures on a petition for a
period of not more than 4 years.
(d) Disqualify obviously fraudulent signatures on a petition
form on which a violation of subsection (7) occurred without
checking the signatures against local registration records.
(e) Disqualify from the ballot a candidate who committed,
aided or abetted, or knowingly allowed a violation of subsection
(7) on a petition to nominate that candidate.
(13) (12)
If an individual refuses to comply
with a
subpoena of the board of state canvassers in an investigation of an
alleged violation of subsection (7) or (10), the board may hold the
canvass of the petitions in abeyance until the individual complies.
(14) (13)
A person who aids or abets another
in an act that
is prohibited by this section is guilty of that act.
(15) (14)
The provisions of this section
except as
otherwise expressly provided apply to all petitions circulated
under authority of the election law.