HB-4748, As Passed Senate, December 20, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 4748

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending section 349 (MCL 168.349), as amended by 2012 PA 276.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 349. (1) To obtain the printing of the name of a person

 

as a candidate for nomination by a political party for a township

 

office under the particular party heading upon the official primary

 

ballots, there shall must be filed with the township clerk

 

nominating petitions signed by a number of qualified and registered

 

electors residing within the township as determined under section

 

544f. Nominating petitions shall must be in the form prescribed in

 

section 544c. Until December 31, 2013, the township clerk shall

 


receive nominating petitions up to 4 p.m. of the twelfth Tuesday

 

before the August primary. Beginning January 1, 2014, the The

 

township clerk shall receive nominating petitions up to 4 p.m. of

 

the fifteenth Tuesday before the August primary.

 

     (2) To obtain the printing of the name of a candidate of a

 

political party under the particular party's heading upon the

 

primary election ballots in the various voting precincts of the

 

township, there may be filed by the candidate, in lieu of filing

 

nominating petitions, a filing fee of $100.00 to be paid to the

 

township clerk. Payment of the fee and certification of the

 

candidate's name paying the fee are governed by the same provisions

 

as in the case of nominating petitions. The fee must be deposited

 

in the general fund of the township and must be refunded to

 

candidates who are nominated and to an equal number of candidates

 

who receive the next highest number of votes in the primary

 

election. If 2 or more candidates tie in having the lowest number

 

of votes allowing a refund, the sum of $100.00 must be divided

 

among them. The deposits of all other defeated candidates, as well

 

as the deposits of candidates who withdraw or are disqualified, are

 

forfeited and the candidates must be notified of the forfeiture.

 

Deposits forfeited under this section must be paid into and

 

credited to the general fund of the township.

 

     (3) (2) Within 4 days after the last day for filing nominating

 

petitions or a filing fee, the township clerk shall deliver to the

 

county clerk a list setting forth the name, address, and political

 

affiliation and office sought of each candidate who has qualified

 

for a position on the primary ballot.


     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless House Bill No. 4747 of the 99th Legislature is enacted into

 

law.