SB-0329, As Passed House, June 3, 2015

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 329

     A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending section 644f (MCL 168.644f), as amended by 2012 PA 276.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 644f. (1) Until December 31, 2013, and except as provided

in section 644e, nominating petitions for offices to be filled at

the odd year general election shall be filed by 4 p.m. on the

twelfth Tuesday before the odd year primary election. Beginning

January 1, 2014, and except Except as provided in this section and

section 644e, nominating petitions for offices to be filled at the

odd year general election shall be filed by 4 p.m. on the fifteenth

Tuesday before the odd year primary election. The place of filing

and the number of signatures shall be the same as is now required

by law for such those offices.

     (2) If a nonpartisan petition requirement is not contained in

law or charter, the minimum number of signatures shall be the

amount as provided for in section 544f.

     (3) If, upon the expiration of the time for filing nonpartisan

petitions, not more than twice the number of candidates as there

are persons to be elected to that office have filed, the primary

for that office shall not be held and those persons filing valid

petitions shall be declared the nominees for the offices, unless a

city charter provides otherwise for city offices.

     (4) Until December 31, 2015, the nominating petition filing

deadline for candidates for city offices may be adjusted as

provided in subsection (5) if all of the following occur:

     (a) The city clerk publishes a nominating petition filing

deadline that is different than the fifteenth Tuesday before the

odd year primary election or the odd year general election and the

nominating petition filing deadline published by the city clerk is

between the fifteenth Tuesday and the twelfth Tuesday before the

odd year primary election or the odd year general election.

     (b) The city clerk did not publicly correct the filing

deadline error at least 2 weeks before the fifteenth Tuesday before

the odd year primary election or the odd year general election.

     (c) One or more candidates for city offices in that city

relied upon the incorrect nominating petition filing deadline,

failed to file nominating petitions by the fifteenth Tuesday before

the odd year primary election or the odd year general election, and

filed nominating petitions by the filing deadline published by the

city clerk that are determined by the city clerk to contain a

Senate Bill No. 329 as amended June 3, 2015

sufficient number of valid signatures.

     (5) If the bureau of elections confirms that all of the

conditions set forth in subsection (4) are met, the bureau of

elections may authorize the city clerk to adjust the nominating

petition filing deadline for that odd year primary election or that

odd year general election from the fifteenth Tuesday before the odd

year primary election or the odd year general election to the

incorrectly published nominating petition filing deadline.

     (6) A city that falls under subsections (4) and (5) is subject

to all of the following:

     (a) Until December 31, 2017, the city clerk of that city shall

attend at least once annually an election training school conducted

by the director of elections as provided in section 33.

     (b) Until December 31, 2017, the city clerk shall submit

nominating petitions to the [secretary of state

] for final approval as to form before being

circulated for signatures and shall submit any election filing

deadline calendars and any correspondence relating to those

calendars to the [secretary of state

] before being provided to the public.

     (c) The secretary of state shall conduct a postelection audit

after each November election held in the city in 2015, 2016, and

2017.

     (d) The secretary of state shall conduct an administrative

audit of the city clerk's elections operations and shall report the

results of that administrative audit to the house and senate

committees dealing with elections no later than October 1, 2015.

     (e) Until December 31, 2015, the secretary of state shall

conduct preelection precinct election inspector training for those

acting as precinct election inspectors at any August or November

election held in the city.

     (f) Notwithstanding section 683, beginning January 1, 2016 and

until December 31, 2017, those acting as precinct election

inspectors at any August or November election held in the city

shall attend a preelection training school for election inspectors

conducted by the county clerk of the county in which the city is

located.