September 4, 2013, Introduced by Reps. McCann, Schor, Irwin, Singh, Hobbs, Slavens, Kosowski, Geiss, Kandrevas, Nathan, Barnett, Tlaib, Brunner, Smiley, Faris, Dillon, Brinks, Cochran, Stanley, Segal, Switalski, Durhal, Hovey-Wright, Clemente and Lipton and referred to the Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 169, 170, and 173 (MCL 168.169, 168.170, and
168.173), section 169 as amended by 1990 PA 7, and by adding
section 169a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
169. When If the candidate of a political party that is
not a major political party, after having been nominated to the
office
of state senator or state representative, shall die, be
certified
by a state convention for a statewide office, withdraw
dies,
withdraws from the district, become becomes physically
unfit,
or
become becomes disqualified for any reason, the members residing
within
said the senatorial or representative district of the county
executive
committees of such the candidate's political party for
the
counties comprising said the
senatorial or representative
district shall meet at a time and place designated by the
chairperson
of the state central committee of such the political
party
and notice of such the meeting shall be sent to all such
members of the county executive committees. The meeting shall be
conducted by the secretary of the state central committee or his or
her
duly authorized agent, but said the
secretary or agent shall
not
be privileged to vote at such the
meeting. A candidate to fill
the vacancy shall be selected by a majority vote of the committee
members
present and voting. : Provided, That if such If a vacancy
occurs in a senatorial or representative district wholly within 1
county, a candidate to fill the vacancy shall be selected by the
county executive committee of the county by a majority vote
thereof.
The name of the candidate so selected shall be certified
immediately
by the chairperson and the secretary of said the
committee to the secretary of state in those districts comprising 2
or more counties and to the county clerk in those districts
contained within 1 county. The certification shall be sent in any
case
to the board of election commissioners for each county , whose
duty
it is to prepare the official ballots.
; and said The board
shall
cause to be printed or placed upon such the ballots, in the
proper
place, the name of the candidate so selected and certified
to
fill such the vacancy.
Sec. 169a. (1) If the candidate of a major political party,
after having been nominated to the office of state senator or state
representative and before the general November election, dies, is
certified by a state convention for a statewide office, withdraws
from the district, becomes physically unfit, or becomes
disqualified for any reason, the general November election for that
office shall not be held. The governor shall call a special
election in that senatorial or representative district to be held
on the next scheduled election day in the year following the year
in which the general November election was held. The members
residing within that state senatorial or state representative
district of the county executive committees of that candidate's
political party for the counties comprising the senatorial or
representative district shall meet at a time and place designated
by the chairperson of the state central committee of that political
party and notice of the meeting shall be sent to all members of the
county executive committees. The meeting shall be conducted by the
secretary of the state central committee or his or her duly
authorized agent, but the secretary or agent shall not be
privileged to vote at the meeting. A candidate to fill the vacancy
shall be selected by a majority vote of the members present and
voting. If a vacancy occurs in a senatorial or representative
district wholly within 1 county, a candidate to fill the vacancy
shall be selected by the county executive committee of the county
by a majority vote thereof. The name of the candidate selected
shall be certified immediately by the chairperson and the secretary
of the committee to the secretary of state in those districts
comprising 2 or more counties and to the county clerk in those
districts contained within 1 county. The certification shall be
sent in any case to the board of election commissioners for each
county whose duty it is to prepare the official ballots. The board
shall cause to be printed on the special election ballot, in the
proper place, the name of the candidate selected and certified by
the major political party to fill the vacancy.
(2) In addition to the requirements under subsection (1), the
board of election commissioners of each affected county shall cause
to be printed on the special election ballot, in the proper place,
the names of any other political party candidates who were
nominated to appear on the general November election ballot for
this office.
(3) If the election to fill the office of state senator or
state representative is held at a special election as provided in
this section, the incumbent state senator or state representative
shall continue to represent the district from which he or she is
elected until his or her successor is elected and qualified.
(4) This section shall be known and may be cited as the
"Robert B. Jones every vote counts election law".
Sec.
170. (1) A Except
as otherwise provided in section 169a,
a state senator in each senatorial district shall be elected in the
general
November election in 1964, 1966 and every fourth year
thereafter.
(2) A Except
as otherwise provided in section 169a, a
representative in each representative district shall be elected at
each general November election.
Sec.
173. (1) The Except
as otherwise provided in this
subsection, the term of office of state senator and state
representative
shall commence commences at 12 noon on January 1
next following his or her election. If a state senator or state
representative is elected at a special election as provided in
section 169a, the term of office for that state senator or state
representative commences at 12 noon on the day after the results of
the special election are certified by the appropriate board of
canvassers.
(2) The Except
as otherwise provided in subsection (4), the
term
of office of state representative shall be is 2
years. The
term
of office of state senators elected at the general election in
1964
shall be 2 years.
(3) The Except
as otherwise provided in subsection (5), the
term of office of state senators elected at the general November
election
in 1966 and every fourth year thereafter shall be is 4
years.
(4) The term of office for a state representative elected at a
special election as provided in section 169a is for the remainder
of the year in which he or she is elected and for the year after
the year in which he or she is elected.
(5) The term of office for a state senator elected at a
special election as provided in section 169a is for the remainder
of the year in which he or she is elected and for the 3 years after
the year in which he or she is elected.
Enacting section 1. This amendatory act does not take effect
unless Senate Joint Resolution ____ or House Joint Resolution X___
(request no. 03413'13 a) of the 97th Legislature becomes a part of
the state constitution of 1963 as provided in section 1 of article
XII of the state constitution of 1963.