TEMPORARY MODIFICATION OF

CITY ELECTION FILING DEADLINE

Senate Bill 329 as passed by the Senate

Sponsor:  Sen. Jim Ananich

House Committee:  Elections

Senate Committee:  Elections & Government Reform

Complete to 5-26-15

SUMMARY:

The bill would amend the Michigan Election Law to allow an adjustment to be made in the nominating petition filing deadline for candidates for city offices, in cases where (1) a city clerk published a filing deadline different from the deadline set in the law, (2) did not publicly correct the error within a certain time frame, and (3) the state Bureau of Elections authorized the adjustment.

The law requires nominating petitions for offices at the odd year general election to be filed by 4 p.m. on the 15th Tuesday before the odd year primary election. The bill would make an exception to that requirement.

Until December 31, 2015, the bill would allow the nominating petition filing deadline for candidates for city offices to be adjusted if all of the following occurred:

o   The city clerk published a nominating petition filing deadline that was different from the 15th Tuesday before the odd year primary election, and the published deadline was between the 15th Tuesday and the 12th Tuesday before the odd year primary.

o   The city clerk did not publicly correct the filing deadline error at least two weeks before the 15th Tuesday before the odd year primary.

o   One or more candidates for city offices in that city relied upon the incorrect nominating petition filing deadline and failed to file nominating petitions by the 15th Tuesday before the odd year primary.

If the Bureau of Elections confirmed that all of those conditions were met, the Bureau could authorize the city clerk to adjust the nominating petition filing deadline for that odd year primary election from the 15th Tuesday before the primary to the incorrectly published deadline.

MCL 168.644f                                                           

BACKGROUND:

This Senate bill is identical to House Bill 4589 introduced by Rep. Sheldon Neeley, and also under consideration by the House Elections Committee.

FISCAL IMPACT:

The bill would have no fiscal impact on state and local government.

                                                                                        Legislative Analyst:   J. Hunault

                                                                                                Fiscal Analyst:   Perry Zielak

This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.