February 24, 2010, Introduced by Reps. Lemmons, Polidori, Johnson, Jackson and Dean and referred to the Committee on Judiciary.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 413, 414, 415, 424a, 467b, 467d, 467e, and
544b (MCL 168.413, 168.414, 168.415, 168.424a, 168.467b, 168.467d,
168.467e, and 168.544b), sections 413, 414, 424a, 467b, and 467d as
amended by 1999 PA 218, sections 415 and 467e as amended by 1990 PA
32, and section 544b as amended by 1999 PA 216.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
413. (1) To Subject
to subsection (2), to obtain the
printing of the name of a person as a candidate for nomination for
the office of judge of the circuit court upon the official
nonpartisan primary ballots, there shall be filed with the
secretary of state nominating petitions containing the signatures,
addresses, and dates of signing of a number of qualified and
registered electors residing in the judicial circuit as determined
under section 544f or by the filing of an affidavit according to
section 413a. The secretary of state shall receive the nominating
petitions
up to 4 p.m. of the fourteenth Tuesday preceding before
the primary. The provisions of sections 544a and 544b apply.
(2) Instead of filing nominating petitions, a candidate for
judge of the circuit court may pay a nonrefundable filing fee of
$1,000.00 to the secretary of state. If the filing fee is paid by
the due date for filing nominating petitions, the payment of the
filing fee has the same effect under this section as the filing of
nominating petitions.
Sec. 414. After the filing of a nominating petition, filing
fee, or affidavit of candidacy by or in behalf of a proposed
candidate for the office of judge of the circuit court, the
proposed candidate is not permitted to withdraw unless he or she
serves a written notice of withdrawal on the secretary of state or
his
or her duly authorized agent. The notice must shall be
served
not later than 3 days after the last day for filing nominating
petitions if a nominating petition was filed or filing fee paid for
the proposed candidate, and not later than 3 days after the last
day for filing affidavits of candidacy if an affidavit of candidacy
was filed for the proposed candidate. If the third day falls on a
Saturday, Sunday, or legal holiday, the notice of withdrawal may be
served on the secretary of state or his or her duly authorized
agent
at any time on or before 4 p.m. ,
eastern standard time, on
the next secular day.
Sec. 415. (1) The candidates for the office of judge of the
circuit court receiving the largest number of votes at any primary
election, to a number equal to twice the number of persons to be
elected
as set forth provided in the report of the board of state
canvassers, based on the returns from the various county boards of
canvassers and election precincts or as determined by the board of
state canvassers as the result of a recount, shall be declared the
nominees for the office at the next general election. The board of
state canvassers shall certify the nomination to the county
election commissions.
(2) If, after the deadline for filing nominating petitions
under section 413, there are fewer candidates for nomination or
nominees for the office of judge of the circuit court than there
are persons to be elected at the general November election because
of the death or disqualification of a candidate more than 65 days
before the general November election, then a person, whether or not
an incumbent, may qualify as a nominee for that office at the
general November election by filing nominating petitions or paying
the filing fee as required by section 413. However, the filing or
payment shall be made before 4 p.m. on the twenty-first day
following the death or disqualification of the candidate or 4 p.m.
on
the sixtieth day preceding before
the general November election,
whichever is earlier, and the minimum number of signatures required
for nominating petitions is 1,000 or 1/2 the minimum number
required under section 413, whichever is less.
(3) The secretary of state shall certify the nomination of
each person who qualifies as a nominee under subsection (2) to the
board of election commissioners specified by section 687 for the
general November election.
Sec. 424a. (1) In the primary and general election for 2 or
more judgeships of the circuit court, each of the following
categories of candidates shall be listed separately on the ballot,
consistent with subsection (3):
(a) The names of candidates for the judgeship or judgeships
for which the incumbent is seeking election.
(b) The names of candidates for an existing judgeship or
judgeships for which the incumbent is not seeking election.
(c) The names of candidates for a newly created judgeship or
judgeships.
(2) Nominating petitions filed under section 413 are valid
only if they clearly indicate for which of the following offices
the candidate is filing, consistent with subsection (3):
(a) An unspecified existing judgeship for which the incumbent
judge is not seeking election.
(b) A new judgeship.
(c) An unspecified existing judgeship for which the incumbent
judge is seeking election.
(3) If the death or disqualification of an incumbent judge
triggers the application of section 415(2), then for the purposes
of subsections (1) and (2), that judgeship shall be regarded as a
judgeship for which the incumbent judge is not seeking election.
The application of this subsection includes, but is not limited to,
circumstances in which the governor appoints an individual to fill
the vacancy and that individual seeks to qualify as a nominee under
section 415(2).
(4) A person who files nominating petitions or pays the filing
fee
for election to more than 1 circuit
judgeship shall have has
not more than 3 days following the close of filing to withdraw from
all but 1 filing.
(5) In a primary and general election for 2 or more judgeships
where more than 1 of the categories in subsection (2) could be
selected, a candidate shall apply to the bureau of elections for a
written statement of office designation to correspond to the
judgeship sought by the candidate. The office designation provided
by the secretary of state shall be included in the heading of all
nominating petitions. Nominating petitions containing an improper
office designation are invalid.
(6) The secretary of state shall issue an office designation
of incumbent position for any judgeship for which the incumbent
judge is eligible to seek reelection. If an incumbent judge does
not file an affidavit of candidacy by the deadline, the secretary
of state shall notify all candidates for that office that a
nonincumbent position exists. All nominating petitions circulated
for
the nonincumbent position subsequent to after the deadline
shall bear an office designation of nonincumbent position. All
signatures
collected prior to before the affidavit of candidacy
filing deadline may be filed with the nonincumbent nominating
petitions.
Sec.
467b. (1) To Subject to
subsection (6), to obtain the
printing of the name of a person as a candidate for nomination for
the office of judge of the district court upon the official
nonpartisan primary ballots, there shall be filed with the
secretary of state nominating petitions containing the signatures,
addresses, and dates of signing of a number of qualified and
registered electors residing in the judicial district or division
as determined under section 544f. An incumbent district court judge
may also become a candidate by the filing of an affidavit in lieu
of petitions according to section 467c. The secretary of state
shall receive nominating petitions up to 4 p.m. on the fourteenth
Tuesday
preceding before the primary. The provisions of sections
544a and 544b apply.
(2) Nominating petitions filed under this section are valid
only if they clearly indicate for which of the following offices
the candidate is filing, consistent with section 467c(4):
(a) An unspecified existing judgeship for which the incumbent
judge is seeking election.
(b) An unspecified existing judgeship for which the incumbent
judge is not seeking election.
(c) A new judgeship.
(3) A person who files nominating petitions or pays the filing
fee
for election to more than 1 district
judgeship shall have has
not more than 3 days following the close of filing to withdraw from
all but 1 filing.
(4) In a primary and general election for 2 or more judgeships
where more than 1 of the categories in subsection (2) could be
selected, a candidate shall apply to the bureau of elections for a
written statement of office designation to correspond to the
judgeship sought by the candidate. The office designation provided
by the secretary of state shall be included in the heading of all
nominating petitions. Nominating petitions containing an improper
office designation are invalid.
(5) The secretary of state shall issue an office designation
of incumbent position for any judgeship for which the incumbent
judge is eligible to seek reelection. If an incumbent judge does
not file an affidavit of candidacy by the deadline, the secretary
of state shall notify all candidates for that office that a
nonincumbent position exists. All nominating petitions circulated
for
the nonincumbent position subsequent to after the deadline
shall bear an office designation of nonincumbent position. All
signatures
collected prior to before the affidavit of candidacy
filing deadline may be filed with the nonincumbent nominating
petitions.
(6) Instead of filing nominating petitions, a candidate for
judge of the district court may pay a nonrefundable filing fee of
$500.00 to the secretary of state. If the filing fee is paid by the
due date for filing nominating petitions, the payment of the filing
fee has the same effect under this section as the filing of
nominating petitions.
Sec. 467d. After the filing of a nominating petition, filing
fee, or affidavit of candidacy by or in behalf of a proposed
candidate for the office of judge of the district court, the
proposed candidate is not permitted to withdraw unless he or she
serves a written notice of withdrawal on the secretary of state or
his
or her duly authorized agent. The notice must shall be
served
not later than 3 days after the last day for filing nominating
petitions if a nominating petition was filed or filing fee paid for
the proposed candidate, and not later than 3 days after the last
day for filing affidavits of candidacy if an affidavit of candidacy
was filed for the proposed candidate. If the third day falls on a
Saturday, Sunday, or legal holiday, the notice of withdrawal may be
served on the secretary of state or his or her duly authorized
agent
at any time on or before 4 p.m. , eastern standard time, on
the next secular day.
Sec. 467e. (1) The candidates for the office of judge of the
district court receiving the largest number of votes at any primary
election, to a number equal to twice the number of persons to be
elected
as set forth provided in the report of the board of state
canvassers, based on the returns from the various county boards of
canvassers and election precincts or as determined by the board as
the result of a recount, shall be declared the nominees for the
office at the next general November election. The board of state
canvassers shall certify the nomination to the county election
commissions.
(2) If, after the deadline for filing nominating petitions
under section 467b, there are fewer candidates for nomination or
nominees for the office of judge of the district court than there
are persons to be elected because of the death or disqualification
of a candidate more than 65 days before the general November
election, then a person, whether or not an incumbent, may qualify
as a nominee for that office at the general November election by
filing nominating petitions or paying the filing fee as required by
section 467b. However, the filing or payment shall be made before 4
p.m. on the twenty-first day following the death or
disqualification of the candidate or 4 p.m. on the sixtieth day
preceding
before the general November election, whichever is
earlier, and the minimum number of signatures required for the
nominating petitions is 1,000 or 1/2 the minimum number required
under section 467b, whichever is less.
(3) The secretary of state shall certify the nomination of
each person who qualifies as a nominee under subsection (2) to the
board of election commissioners specified by section 687 for the
general November election.
Sec. 544b. (1) Except as provided in subsection (2), a person
shall not qualify as a candidate for any judicial office of this
state unless the person files an affidavit, with his or her
nominating petitions or, if applicable, filing fee, on a form
prescribed by the secretary of state stating that he or she
possesses the constitutional qualifications set forth in section 19
of article VI of the state constitution of 1963.
(2)
In cases where When candidates for judicial office are
nominated at political party conventions, the chairperson and
secretary of the party shall file the affidavit with the secretary
of state not more than 1 business day after the conclusion of the
convention.