HOUSE BILL No. 5794

 

August 15, 2012, Introduced by Rep. Lund and referred to the Committee on Redistricting and Elections.

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 592, 593, 594, 595, 598, 599, 601, 602, and

 

608 (MCL 168.592, 168.593, 168.594, 168.595, 168.598, 168.599,

 

168.601, 168.602, and 168.608), sections 592, 598, and 608 as

 

amended by 1988 PA 116.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 592. (1) Except as provided in section 532, the county

 

conventions of all political parties for the election of delegates

 

to a state convention for the nomination of state officers in the

 

even numbered years shall be held not less than 8 days nor more

 

than 25 days after the August primaries.

 

     (2) All county conventions of a political party shall be held

 

on the same day throughout the state. The date shall be designated

 


by the state central committee of a political party in its call for

 

the state convention. The place and hour of meeting of a county

 

convention shall be designated in the call issued by the county

 

executive committee of the political party in the county, which

 

call shall be issued not less than 45 days before the August

 

primaries. The number of delegates to the state convention to which

 

the political party in the county is entitled shall be chosen at

 

the county convention.

 

     (3) In all counties having or which may hereafter have 2 or

 

more congressional districts or parts of congressional districts

 

within the boundaries of the county, the congressional districts or

 

a part of a congressional district within the counties shall each

 

be considered a county within the provisions of this section for

 

the holding of the county conventions provided for in this section,

 

and shall be in place of the county convention. The nominee for

 

congress of the congressional district in the preceding primary

 

election, the county chairperson, and the county secretary of the

 

several political parties shall constitute constitutes a committee

 

in each congressional district to name the temporary chairperson of

 

the first district convention held under this act. Thereafter, the

 

district chairperson shall act as temporary chairperson. The

 

convention shall organize the same as county conventions and shall

 

elect delegates to the state convention. The chairperson and

 

secretary of the convention shall certify to the state central

 

committee the names and addresses of the delegates elected, and,

 

when certified, those delegates shall become the delegates from the

 

district to the state convention.

 


     Sec. 593. A state convention of all political parties shall be

 

held not less than 37 days before the first Monday of April in

 

every odd numbered year. The state central committee of each

 

political party shall cause to be forwarded by mail to the chairman

 

chairperson of the county executive committee of such the political

 

party in each county a copy of the call for said the state

 

convention of such the political party, showing the number of

 

delegates to which each county shall be entitled in the state

 

convention of such the political party. ; and the said The state

 

central committee shall apportion such the delegates to the several

 

counties in proportion and according to the number of votes cast

 

for the candidate of such the political party for secretary of

 

state in each of said the counties, respectively, at the last

 

preceding November election. The particular day and the hour and

 

place of meeting shall be designated by the state central

 

committees of the various political parties in the call issued

 

therefor by the respective state central committees of the several

 

political parties. A certified copy of such the call shall be

 

immediately filed with the secretary of state.

 

     Sec. 594. The county conventions of all political parties for

 

the election of delegates to a state convention in the odd numbered

 

years shall be held not less than 7 days before said the state

 

convention. All such of the county conventions of any one a

 

political party shall be held on the same day throughout the state,

 

which day shall be designated by the state central committee of

 

such the political party in its call for the state convention as

 

provided for in section 593. of this act. The place and hour of

 


meeting of any such a county convention shall be designated in the

 

call issued therefor by the county executive committee of such the

 

political party in the county, which call shall be issued not less

 

than 15 days before such the county convention. The number of

 

delegates to the state convention to which such the political party

 

in such the county is entitled shall be chosen at such the county

 

convention. In all counties having or which may hereafter have a

 

county that has 2 or more congressional districts or parts of

 

congressional districts within the boundaries of the county, such

 

the congressional districts or a part of any congressional district

 

within said the counties shall each be considered a county within

 

the provisions of this section for the holding of county

 

conventions provided for in this section, and shall be in lieu of

 

said the county conventions. The nominee for congress of the

 

congressional district in the preceding primary election, the

 

county chairman chairperson, and the county secretary of the

 

several political parties shall constitute constitutes a committee

 

in each congressional district to name the temporary chairman

 

chairperson of the first district convention held under this act.

 

Thereafter, the district chairman chairperson shall act as

 

temporary chairman. chairperson. The said convention shall then

 

proceed to organize the same as county conventions and shall

 

proceed to the election of delegates to the state convention. The

 

chairman chairperson and secretary of any such the convention shall

 

certify to the state central committee the names and addresses of

 

the delegates so elected, and when so certified, they shall become

 

the delegates from said the district to the state convention.

 


     Sec. 595. At the time of issuing the call for the county

 

convention of any political party for the election of delegates to

 

a state convention, the county executive committee of each

 

political party shall apportion to the various wards ( or to the

 

precincts, in case if delegates to the county convention are

 

elected by precincts, ) and townships of such the county the

 

delegates to the ensuing state convention to which such the county

 

is entitled upon the basis provided for in this act for the

 

apportioning of such the delegates to the several counties. Any A

 

township may be joined with 1 or more other contiguous townships or

 

any ward of a city may be joined with 1 or more other wards of the

 

same city ( or, in case if delegates to the county convention are

 

elected by precincts, then any precinct may be joined with 1 or

 

more precincts of the same city, ), in the formation of a district

 

for the choosing of 1 delegate. The delegates to the county

 

convention from each ward, precinct, township, or district , as the

 

case may be, shall choose the number of delegates to the state

 

convention that have been apportioned to such the ward, precinct,

 

township, or district. The number of delegates so apportioned to

 

the several wards, precincts, townships, and districts shall

 

approximate, as nearly as may be, the number of delegates to which

 

said the county may be entitled. If any ward, precinct, township,

 

or district shall be is without representation in the county

 

convention, or if such the ward, precinct, township, or district

 

shall does not choose the delegate or delegates to which such the

 

ward, precinct, township, or district is entitled, or if the

 

apportionment has not been completed or followed in the selection

 


of delegates, the convention shall choose the delegate or delegates

 

to which such the ward, precinct, township, or district may be

 

entitled.

 

     Sec. 598. (1) The state central committee of each political

 

party shall, at least 60 days before the August primary, forward by

 

mail to the chairperson of each county executive committee of the

 

political party a copy of the call for the fall state convention of

 

the political party, showing the number of delegates to which each

 

county is entitled in the state convention of the political party.

 

The state central committee shall apportion the delegates to the

 

several counties in proportion to the number of votes cast for the

 

candidate of the party for secretary of state in each county,

 

respectively, at the last preceding November general election.

 

     (2) In addition to the number of delegates allocated to each

 

county under subsection (1), the state central committees shall

 

allocate an additional number of delegates equal to the number of

 

incumbent legislators nominated by their party and residing in the

 

county.

 

     Sec. 599. (1) In the year 1966 and every second year

 

thereafter, after 1966, the delegates to the fall county convention

 

of each political party in each county in this state having a

 

population of less than 1,500,000 , shall convene at the call of

 

the county chairperson within 20 days following the November

 

election to select a number of persons equal to the number of

 

county offices and state legislative offices for which candidates

 

were nominated at the last 2 preceding fall primary elections, who,

 

together with the persons most recently nominated by the party for

 


each of those offices, shall constitute constitutes the county

 

executive committee of their party for that county. When a new

 

nomination is made for an office, the nominee for which is entitled

 

to serve as a member of the county executive committee, the new

 

nominee shall replace the former nominee as a member of the county

 

executive committee. If a vacancy occurs in the position of

 

delegate-appointed member of the county executive committee, the

 

remaining delegate-appointed members shall fill the vacancy. Except

 

as otherwise provided in this section, the county executive

 

committee may appoint the officers it considers proper to carry out

 

the purposes of the committee, and may fill a vacancy in any of its

 

offices.

 

     (2) Immediately following the selection of members of the

 

county executive committee, including the filling of vacancies, the

 

secretary of the county executive committee shall certify the names

 

and addresses of the persons chosen to the county clerk who

 

immediately shall notify each person chosen.

 

     (3) Within 30 days following the convening of the fall county

 

convention, the county executive committee , acting without the

 

officers of the county committee who are not otherwise members of

 

the executive committee, shall meet and select a temporary

 

chairperson and temporary secretary. The temporary officers shall

 

serve only during the selection of the officers of the county

 

executive committee who shall also serve as the officers of the

 

county committee for the 2 years commencing on the next January 1.

 

next. The officers shall be a chairperson, a vice-chairperson who

 

shall be of the opposite sex of the chairperson, a secretary, and a

 


treasurer. Candidates for legislative offices consisting of more

 

than 1 county may give a written proxy to other members of the

 

county executive committee.

 

     (4) After the officers of the county committee have taken

 

office, and within 45 days after January 1 of each odd numbered

 

year, the executive committee shall select a county committee for

 

the party, which committee shall consist of not less than 2 members

 

from each township and 2 members from each ward of each city in the

 

county, or shall consist of at least 2 members from each election

 

precinct in the county, as the executive committee may determine.

 

The committee shall have the right to appoint officers which in its

 

judgment are proper to carry out the purposes of the committee, and

 

shall have power to fill a vacancy which may occur in the

 

membership of the committee or in any of its offices. Between

 

meetings of the county committee the executive committee shall have

 

all of the powers and perform all of the duties of the county

 

committee, including the filling of vacancies in nominations as

 

prescribed by law. The term of service of a county committee shall

 

continue for 2 years and until the selection of its successor.

 

     (4) (5) A person nominated as a candidate of a political party

 

for county office shall be a delegate at large to the fall county

 

convention held in the year of the candidate's nomination and to

 

all county conventions held during the term of office for which the

 

candidate was nominated. A person nominated as a candidate of a

 

political party for state legislative office shall be a delegate at

 

large to the fall county convention held in the year of the

 

candidate's nomination in each county or part of a county contained

 


in the legislative district and to all county conventions held

 

during the term of office for which the candidate was nominated.

 

The number of delegates at large shall be in addition to the number

 

of delegates specified in the call for the fall county convention.

 

If a person is elected both a delegate at large and a delegate of

 

an election district, a vacancy shall exist in the election

 

district delegation and shall be filled as provided in section 609.

 

     Sec. 601. In a county comprising a single representative,

 

senatorial, or judicial district, the county executive committee of

 

each political party of each such county shall constitute

 

constitutes the representative, senatorial, or judicial committee

 

of said the political party for such the representative,

 

senatorial, or judicial district., as the case may be.

 

     Sec. 602. In a county comprising more than 1 representative or

 

senatorial district, the members of the county executive committee

 

of each political party residing in each such representative or

 

senatorial district of such the county shall constitute constitutes

 

a committee of said the political party for such the representative

 

or senatorial district, as the case may be, and such the committee

 

shall elect its chairman chairperson and other officers. The

 

chairman chairperson shall have the right to vote on all questions

 

arising in said the committee.

 

     Sec. 608. (1) The board of primary election inspectors shall

 

certify to the county clerk the names of the electors elected as

 

delegates, naming the political party upon whose ballot the

 

delegates were elected.

 

     (2) The county clerk shall record the names of the delegates

 


elected in a book kept for that purpose and shall file the book

 

among the records of the clerk's office.

 

     (3) No later than 7 days following the primary election, the

 

clerk shall notify each delegate elected of his or her election as

 

delegate.

 

     (4) The county clerk shall certify the following to the

 

chairperson of the county executive committee of each political

 

party of the county:

 

     (a) The delegates elected by the political party as delegates

 

to the county conventions.

 

     (b) The names of all persons nominated as candidates of a

 

political party for county office and for state legislative office

 

who are delegates at large under section 599(5), when those names

 

become available to the county clerk.

 

     (5) As used in this section, "persons nominated as candidates

 

of a political party for county office and for state legislative

 

office who are delegates at large under section 599(5)" means

 

incumbent county officials, incumbent state legislators, and

 

unsuccessful candidates for county offices and state legislative

 

offices who were candidates at the last prior regular or special

 

election held for the respective office.