June 12, 2013, Introduced by Reps. Kesto, Walsh, Poleski, Lori, Foster, McCready, Farrington, Graves, Bumstead, Cavanagh, Cotter, Yonker, Schmidt, Jenkins, Callton, Shirkey, Heise, Olumba, Johnson, Pscholka, Muxlow, Pagel, Kowall, Nesbitt and Haines and referred to the Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 558 (MCL 168.558), as amended by 2012 PA 586.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 558. (1) When filing a nominating petition, qualifying
petition, filing fee, or affidavit of candidacy for a federal,
county, state, city, township, village, metropolitan district, or
school district office in any election, a candidate shall file with
the officer with whom the petitions, fee, or affidavit is filed 2
copies of an affidavit of identity. A candidate nominated for a
federal, state, county, city, township, or village office at a
political party convention or caucus shall file an affidavit of
identity within 1 business day after being nominated with the
secretary of state. The affidavit of identity filing requirement
does not apply to a candidate nominated for the office of president
of the United States or vice president of the United States.
(2) An affidavit of identity shall contain the candidate's
name, address, and ward and precinct where registered, if qualified
to vote at that election; a statement that the candidate is a
citizen of the United States; the candidate's number of years of
residence in the state and county; other information that may be
required to satisfy the officer as to the identity of the
candidate; the manner in which the candidate wishes to have his or
her name appear on the ballot; and a statement that the candidate
either is or is not using a name, whether a given name, a surname,
or otherwise, that is not a name that he or she was given at birth.
If a candidate is using a name that is not a name that he or she
was given at birth, the candidate shall include on the affidavit of
identity the candidate's full former name.
(3) The requirement to indicate a name change on the affidavit
of identity does not apply if the name in question is 1 of the
following:
(a) A name that was formally changed at least 10 years before
filing as a candidate.
(b) A name that was changed in a certificate of naturalization
issued by a federal district court at the time the individual
became a naturalized citizen at least 10 years before filing as a
candidate.
(c) A name that was changed because of marriage.
(d) A name that was changed because of divorce, but only if to
a legal name by which the individual was previously known.
(4)
An affidavit of identity shall include a all of the
following:
(a) A statement that as of the date of the affidavit, all
statements, reports, late filing fees, and fines required of the
candidate or any candidate committee organized to support the
candidate's election under the Michigan campaign finance act, 1976
PA
388, MCL 169.201 to 169.282, have been filed or paid. ;
and a
(b) A statement requiring the candidate to indicate whether he
or she has been convicted of a felony within the immediately
preceding 10 years. Except as otherwise provided in this
subdivision, if the candidate has been convicted of a felony as
described in this subdivision, the candidate shall list each felony
involved on the affidavit. This subdivision does not require a
candidate to list any juvenile adjudications.
(c) A statement that the candidate acknowledges that making a
false statement in the affidavit is perjury, punishable by a fine
up to $1,000.00 or imprisonment for up to 5 years, or both.
(5) If a candidate files the affidavit of identity with an
officer other than the county clerk or secretary of state, the
officer shall immediately forward to the county clerk 1 copy of the
affidavit of identity by first-class mail. The county clerk shall
immediately forward 1 copy of the affidavit of identity for state
and federal candidates to the secretary of state by first-class
mail. An officer shall not certify to the board of election
commissioners the name of a candidate who fails to comply with this
section.
(6) (5)
If petitions or filing fees are
filed by or in behalf
of a candidate for more than 1 office, either federal, state,
county, city, village, township, metropolitan district, or school
district, the terms of which run concurrently or overlap, the
candidate so filing, or in behalf of whom petitions or fees were so
filed, shall select the 1 office to which his or her candidacy is
restricted within 3 days after the last day for the filing of
petitions or filing fees unless the petitions or filing fees are
filed for 2 offices that are combined or for offices that are not
incompatible. Failure to make the selection disqualifies a
candidate with respect to each office for which petitions or fees
were so filed and the name of the candidate shall not be printed
upon the ballot for those offices. A vote cast for that candidate
at the ensuing primary or general election shall not be counted and
is void.