May 20, 2014, Introduced by Rep. Lyons and referred to the Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 570a, 641, 642, 642a, 963, and 970e (MCL
168.570a, 168.641, 168.642, 168.642a, 168.963, and 168.970e),
section 641 as amended by 2005 PA 71, section 642 as amended by
2013 PA 51, section 642a as amended by 2012 PA 523, and section 963
as amended and section 970e as added by 2012 PA 417; and to repeal
acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 570a. The official primary ballot shall include
candidates for township offices. Township offices and candidates
shall follow state and county offices and candidates. Parties
qualified to appear on the primary ballot for state and county
offices and no others are qualified to appear and have the names of
their candidates printed on the township portion of the primary
ballot. Parties qualified to nominate candidates for state and
county
offices under the provisions of section 685 and no others
are qualified to nominate candidates for township offices at the
county caucuses provided in section 686a.
All
references in the election law to a February primary shall
be
deemed to be references to the primary provided by the election
law
to be held in August prior to the general November election and
all
references to an April election shall be deemed to be
references
to the general November election.
Sec. 641. (1) Except as otherwise provided in this section and
sections
613a and 642, and 642a, beginning January 1, 2005, an
election held under this act shall be held on 1 of the following
regular election dates:
(a)
The February regular election date, which is the fourth
Tuesday
in February.
(a) (b)
The May regular election date,
which is the first
Tuesday after the first Monday in May.
(b) (c)
The August regular election date,
which is the first
Tuesday after the first Monday in August.
(c) (d)
The November regular election date,
which is the first
Tuesday after the first Monday in November.
(2) If an elective office is listed by name in section 643,
requiring the election for that office to be held at the general
election, and if candidates for the office are nominated at a
primary election, the primary election shall be held on the August
regular election date.
(3) Except as otherwise provided in this subsection and
subsection (4), a special election shall be held on a regular
election date. A special election called by the governor under
section 145, 178, 632, 633, or 634 to fill a vacancy or called by
the legislature to submit a proposed constitutional amendment as
authorized in section 1 of article XII of the state constitution of
1963 may, but is not required to be, held on a regular election
date.
(4) A school district may call a special election to submit a
ballot question to borrow money, increase a millage, or establish a
bond if an initiative petition is filed with the county clerk. The
petition shall be signed by a number of qualified and registered
electors of the district equal to not less than 10% of the electors
voting in the last gubernatorial election in that district or 3,000
signatures, whichever number is lesser. Section 488 applies to a
petition to call a special election for a school district under
this section. In addition to the requirements set forth in section
488, the proposed date of the special election shall appear beneath
the petition heading, and the petition shall clearly state the
amount of the millage increase or the amount of the loan or bond
sought and the purpose for the millage increase or the purpose for
the loan or bond. The petition shall be filed with the county clerk
by 4 p.m. of the twelfth Tuesday before the proposed date of the
special election. The petition signatures shall be obtained within
60 days before the filing of the petition. Any signatures obtained
more than 60 days before the filing of the petition are not valid.
If the special election called by the school district is not
scheduled to be held on a regular election date as provided in
subsection (1), the special election shall be held on a Tuesday. A
special election called by a school district under this subsection
shall not be held within 30 days before or 35 days after a regular
election date as provided in subsection (1). A school district may
only call 1 special election pursuant to this subsection in each
calendar year.
(5)
The secretary of state shall make a report to the house
and
senate committees that consider election issues by December 1,
2006.
The secretary of state shall report about the special
elections
held under this subsection, including, but not limited
to,
all of the following:
(a)
The number of times a special election has been held.
(b)
Which school districts have held special elections.
(c)
Information about the success rate of the ballot question
submitted
at the special elections.
(d)
Information about voter turnout, including the percentage
and
number of registered voters who voted in each special election.
(5) (6)
The secretary of state shall direct
and supervise the
consolidation of all elections held under this act.
(6) (7)
This section shall be known and may
be cited as the
"Hammerstrom election consolidation law".
Sec. 642. (1) Except as otherwise provided in this section and
section
642a, on the effective date of this act, beginning on
September 1, 2004, a city shall hold its regular election or
regular primary election as follows:
(a) A city shall hold its regular election for a city office
at the odd year general election.
(b) A city shall hold its regular election primary at the odd
year primary election.
(c) A city that holds its regular election for a city office
annually or in the even year on the November regular election date
shall continue holding elections on that schedule.
(d) A city that holds its regular election primary for a city
office annually or in the even year on the August regular primary
election date shall continue holding primary elections on that
schedule.
(2)
If, on September 1, 2004, a city holds its regular
election
at other than a regular November election date, the city
council
may choose to hold the regular election on the May regular
election
date by adopting a resolution in compliance with this
section.
Except as provided in section 642a, if a city council
adopts
the resolution in compliance with this section to hold its
regular
election on the May regular election date, after December
31,
2004, the city's regular election is on the May regular
election
date. If a city's regular election is held on the May
regular
election date, the city's regular election primary shall be
held
on the February regular election date immediately before its
regular
election.
(2) (3)
If, on September 1, 2004, a city
holds its regular
election annually or in the even year on the November regular
election date, the city council may choose to hold the regular
election at the odd year general election by adopting a resolution
in compliance with this section. Except as provided in section
642a, if a city council adopts the resolution in compliance with
this section to hold its regular election at the odd year general
election, after December 31, 2004, the city's regular election is
at the odd year election. If a city's regular election is held at
the odd year general election, the city's regular election primary
shall be held at the odd year primary election.
(3) (4)
If, on September 1, 2004, a city
holds its regular
election annually on the November regular election date, the city
council may choose to hold the regular election at the even year
general election by adopting a resolution in compliance with this
section. Except as provided in section 642a, if a city council
adopts the resolution in compliance with this section to hold its
regular election at the even year general election, after December
31, 2004, the city's regular election is at the even year election.
If a city's regular election is held at the even year general
election, the city's regular election primary shall be held at the
even year primary election.
(4) (5)
A village shall hold its regular
election as follows:
(a) A village shall hold its regular election for a village
office at the general election and the appropriate township clerk
shall conduct the election.
(b) A village shall not hold a regular primary election.
(5) (6)
If a village's special election is
held in conjunction
with another election conducted by a township, the village shall
pay the township a proportionate share of the election expenses. If
a village's special election is not held in conjunction with
another election conducted by a township, the village shall pay the
township 100% of the actual costs of conducting the village's
special election.
(6) (7)
A resolution permitted under this
section or section
642a is valid only if a city council adopts the resolution in
compliance with all of the following:
(a) The resolution is adopted before 1 of the following:
(i) If the resolution is permitted under subsection
(2) , or
(3),
or (4), January 1, 2005.
(ii) If the resolution is permitted under section
642a(1) ,
(2),
or (4), or (3), January 1 of the year in which the change in
the date of the election takes effect.
(b) Before adopting the resolution, the council holds at least
1 public hearing on the resolution. The public hearing may be held
on the same day and immediately before considering the adoption of
the resolution.
(c) The council gives notice of each public hearing on the
resolution in a manner designed to reach the largest number of the
jurisdiction's qualified electors in a timely fashion.
(d) The council votes on the resolution and, on a record roll
call vote, a majority of the council's board members, elected or
appointed, and serving, adopt the resolution.
(e) The council files the resolution with the secretary of
state.
Sec.
642a. (1) After December 31, 2004, a city council that
adopted
a resolution so that its regular election is held on the
May
regular election date may change its regular election to the
odd
year general election by adopting a resolution in compliance
with
section 642. If a city council adopts the resolution in
compliance
with section 642 to hold its regular election at the odd
year
general election, after December 31 of the year in which the
resolution
is adopted, the city's regular election is at the odd
year
general election.
(2)
After December 31, 2004, a city
council that holds its
regular election for city offices annually or in the even year on
the November regular election date may change its regular election
schedule to the odd year general election and the odd year primary
election by adopting a resolution in compliance with section 642.
If a city council adopts the resolution in compliance with section
642, the city's regular election is at the odd year general
election and its primary is at the odd year primary election.
(2) (3)
After December 31, 2010, a city
that adopted a
resolution so that its regular election primary is held at the
September election shall hold its regular election primary at the
odd year primary election.
(3) (4)
After December 31, 2011, a city
that holds its regular
election for city offices annually or in the odd year on the
November regular election date may change its regular election
schedule to the even year general election and the even year
primary election by adopting a resolution in compliance with
section 642. If a city council adopts the resolution in compliance
with section 642, after December 31 of the year in which the
resolution is adopted, the city's regular election is at the even
year general election and its primary is at the even year primary
election.
(4) (5)
After December 31, 2012, a village
that adopted a
resolution so that its regular election is held at the September
election shall hold its regular election at the general November
election.
Sec. 963. (1) Within 35 days after the filing of the recall
petition, the filing official with whom the recall petition is
filed shall make an official declaration of the sufficiency or
insufficiency of the recall petition. If the recall petition is
determined to be insufficient, the filing official shall notify the
person or organization sponsoring the recall of the insufficiency
of the recall petition. It is not necessary to give notification
unless the person or organization sponsoring the recall files with
the filing official a written notice of sponsorship and a mailing
address.
(2) If a recall petition is filed under section 960,
immediately upon determining that the recall petition is
sufficient, but not later than 35 days after the date of filing of
the recall petition, the county clerk with whom the recall petition
is filed shall call the recall election and proceed under sections
971c to 975. The recall election shall be held not less than 95
days after the date the recall petition is filed and shall be held
on the next May regular election date or the next November regular
election date, whichever occurs first.
(3) Except as otherwise provided in subsection (4), if a
recall petition is filed under section 959, the filing official
with whom the recall petition is filed shall call the recall
primary election and proceed under sections 970b to 970g. The
recall primary election shall be held on the next regular election
date that is not less than 95 days after the date the recall
petition is filed.
(4) If a recall petition is filed under section 959 demanding
the recall of the governor, the filing official with whom the
recall petition is filed shall call a special recall election and
proceed under sections 975c to 975g. The special recall election
shall be held not less than 95 days after the date the recall
petition
is filed and shall be held on the next February May
regular election date or the next August regular election date,
whichever occurs first.
Sec. 970e. Subject to section 970b, the candidate of each
political party receiving the greatest number of votes cast for
candidates at the recall primary election as set forth in the
report of the board of state canvassers, based on the returns from
the various election precincts, shall be declared the nominee of
that political party at the recall general election to be held on
the
next February May regular election date or the next August
regular election date, whichever occurs first. In addition, except
as otherwise provided in this section, a candidate without a
political party affiliation may qualify for the recall general
election by filing a qualifying petition with the officer with whom
the recall petitions were filed that contains 10% of the number of
signatures required under section 544f within 10 days after the
recall general election is scheduled. An individual who was an
unsuccessful candidate in the recall primary election may not
subsequently file a qualifying petition as a candidate without a
political party affiliation for the recall general election.
Enacting section 1. Section 322 of the Michigan election law,
1954 PA 116, MCL 168.322, is repealed.