March 2, 2010, Introduced by Rep. Meadows and referred to the Committee on Judiciary.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 72, 73, 74, and 534 (MCL 168.72, 168.73,
168.74, and 168.534), section 73 as amended by 2004 PA 92, section
74 as amended by 1999 PA 216, and section 534 as amended by 1988 PA
116, and by adding sections 72a, 73a, 74a, 74b, 74c, 74d, 74e, and
74f.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 72. At its fall state convention, each political party
may
nominate a candidate for each of the offices
office of
lieutenant
governor. , secretary of state and attorney general.
Sec. 72a. A general primary election shall be held in every
election precinct in this state on the Tuesday after the first
Monday in August before every general November election in which an
attorney general and secretary of state are to be elected. At the
general primary election, the qualified and registered electors of
each political party may vote for party candidates for the offices
of attorney general and secretary of state. This section does not
apply to political parties required to nominate candidates at
caucuses or conventions as provided in section 532.
Sec. 73. Not more than 24 hours after the conclusion of the
fall state convention, the state central committee of each
political party shall canvass the proceedings of the convention and
determine
the nominees nominee of the convention for
the offices
office
of lieutenant governor. ,
secretary of state, and attorney
general.
Not more than 1 business day after
the conclusion of the
convention, the chairperson and secretary of the state central
committee shall forward to the secretary of state a typewritten or
printed list
of statement containing the names name
and residence,
including
the street address if known, of candidates the candidate
nominated at the state convention. The secretary of state shall
forward
a copy of a list the
statement received under this section
to the board of election commissioners of each county, in care of
the county clerk at the county seat.
Sec. 73a. To obtain the printing of the name of a person as a
candidate for nomination by a political party for the office of
attorney general or secretary of state under a particular party
heading upon the official primary ballots, there shall be filed
with the state bureau of elections nominating petitions signed by a
number of qualified and registered electors residing in this state
as determined under section 544f. Nominating petitions shall be
signed by at least 100 registered resident electors in each of at
least 1/2 of the congressional districts of the state. Nominating
petitions shall be in the form as prescribed in section 544c.
Nominating petitions shall be received by the state bureau of
elections for filing in accordance with this act up to 4 p.m. of
the twelfth Tuesday before the August primary election.
Sec. 74. A person who has been certified by the state central
committee of any political party as nominated for the office of
lieutenant
governor , secretary of state, or attorney general may
withdraw by filing a written notice of withdrawal with the
secretary of state or his or her authorized agent and a copy with
the chairperson and the secretary of the state central committee of
the political party not later than 4 p.m., eastern standard time,
of the fourth business day following the conclusion of the
convention at which the person was nominated.
Sec. 74a. After the filing of a nominating petition by or on
behalf of a proposed candidate for attorney general or secretary of
state, the candidate shall not be permitted to withdraw unless a
written notice of withdrawal is served on the state bureau of
elections not later than 4 p.m., eastern standard time, of the
third day after the last day for filing nominating petitions.
Sec. 74b. If for any reason there is no candidate of a
political party for the office of attorney general or secretary of
state, a blank space shall be provided on each of the official
primary ballots which affords every elector of the political party
an opportunity to vote for a candidate for the office of attorney
general or secretary of state by writing in the name of his or her
selection.
Sec. 74c. When a candidate of a political party for the office
of attorney general or secretary of state, after having qualified
as a candidate, shall die, after the time specified for filing
nominating petitions in section 73a, leaving the political party
without a candidate for the office of attorney general or secretary
of state, a candidate to fill the vacancy may be selected by the
state central committee of the political party, and the name of the
candidate selected shall be transmitted to the county officers who
are required by law to print and distribute ballots. The name of
the candidate shall be printed on the ballot, but if the primary
ballots have been printed, the county officers shall print a
sufficient number of gummed labels or stickers bearing the name of
the candidate, which shall be distributed to the various voting
precincts in their respective counties, and the board of election
inspectors of each precinct shall place 1 of the labels or stickers
on each ballot over the name of the candidate who has died before
the ballot is given to an elector.
Sec. 74d. The candidate of each political party for the office
of attorney general receiving the greatest number of votes cast for
the office of attorney general, as set forth in the report of the
board of state canvassers based on the returns from the various
boards of county canvassers, or as determined by the board of state
canvassers as the result of a recount, shall be declared the
nominee of that political party for the office of attorney general
at the next ensuing November election. The board of state
canvassers shall immediately certify the nominations to the state
bureau of elections.
Sec. 74e. The candidate of each political party for the office
of secretary of state receiving the greatest number of votes cast
for the office of secretary of state, as set forth in the report of
the board of state canvassers based on the returns from the various
boards of county canvassers, or as determined by the board of state
canvassers as the result of a recount, shall be declared the
nominee of that political party for the office of secretary of
state at the next ensuing November election. The board of state
canvassers shall immediately certify the nominations to the state
bureau of elections.
Sec. 74f. When a candidate of a political party for the office
of attorney general or secretary of state has filed a nominating
petition for that office and has been nominated for the office of
attorney general or secretary of state by the political party, he
or she shall not be permitted to withdraw unless he or she has
moved from the state or has become physically unfit. This section
does not prohibit the withdrawal of a candidate who was nominated
without having filed a nominating petition and whose name has been
written or placed on the ballot of a political party.
Sec. 534. A general primary of all political parties except as
provided in sections 532 and 685 shall be held in every election
precinct in this state on the Tuesday after the first Monday in
August before every general November election, at which time the
qualified and registered voters of each political party may vote
for party candidates for the office of governor, United States
senator, representative in congress, attorney general, secretary of
state, state senator, representative in the legislature, county
executive, prosecuting attorney, sheriff, county clerk, county
treasurer, register of deeds, county auditor, drain commissioner,
public works commissioner, county road commissioner, county mine
inspector, surveyor, and candidates for office in townships. A
nomination for an office shall be made only if the official is to
be elected at the next succeeding general November election.
Enacting section 1. This amendatory act does not take effect
unless Senate Joint Resolution ____ or House Joint Resolution WW
(request no. 02954'09) of the 95th Legislature becomes a part of
the state constitution of 1963 as provided in section 1 of article
XII of the state constitution of 1963.