June 6, 2017, Introduced by Reps. Lilly, Webber, Calley, Kesto, Garcia, Moss and Guerra and referred to the Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 605, 607, 608, 625, and 737a (MCL 168.605,
168.607, 168.608, 168.625, and 168.737a), section 607 as amended by
1996 PA 583, sections 608 and 625 as amended by 1988 PA 116, and
section 737a as amended by 2012 PA 276.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 605. The name of the candidate for delegate to the county
convention
shall must not be printed upon the official primary
election
ballot, but 1 or more such names may be placed on such
ballot
by printed or written slips pasted thereon by the elector,
or
the names may be written in by the
elector.
Sec.
607. (1) The required number of electors who receive the
highest number of votes for delegates to the fall county convention
of
a political party shall must
be declared by the board of primary
election
inspectors county clerk to be elected. If, on the canvass
of the votes polled at a primary election for delegates to the fall
county convention of a political party, 2 or more candidates for
delegate receive an equal number of votes for the same office, and
that causes a failure to elect a delegate, the election to the
office
shall must be determined as provided in subsection
(2).section 625.
(2)
The board of canvassers for the county in which the
election
was held shall appoint a day for the appearance of all the
candidates
for delegate before the county clerk for the purpose of
determining
by lot among the candidates the right to the office of
delegate.
The board of county canvassers shall give notice of the
drawing
to all interested candidates. The officer before whom the
drawing
is to take place shall prepare as many slips of paper as
there
are candidates and write the word "elected" on as many slips
of
paper as there are offices to be filled, and the words "not
elected"
on the remaining slips. The officer shall fold the slips
of
paper so as to conceal the writing and so that they may appear
as
near alike as possible. The slips of paper shall be placed in a
box,
and, at the time and place appointed for the drawing of the
lots,
each candidate may draw 1 of the slips from the box. The
candidate
drawing a slip on which is written the word "elected" is
considered
legally elected to the office of delegate. The officer
conducting
the drawing shall immediately give the elected delegate
a
certificate of election. If an interested candidate fails to
appear
at the drawing, the officer conducting the drawing shall
designate
some person to draw for the absent candidate.
Sec.
608. (1) The board of primary election inspectors county
clerk
shall certify to the county clerk the
names of the electors
elected as delegates, naming the political party upon whose ballot
the delegates were elected.
(2)
The county clerk shall record the names of the delegates
elected
in a book kept for that purpose and shall file the book
maintain a record of those elected as delegates among the records
of the clerk's office.
(3) No later than 7 days following the primary election, the
county clerk shall notify each delegate elected of his or her
election as delegate.
(4) The county clerk shall certify the following to the
chairperson of the committee of each political party of the county:
(a) The delegates elected by the political party as delegates
to the county conventions.
(b) The names of all persons nominated as candidates of a
political party for county office and for state legislative office
who are delegates at large under section 599(5), when those names
become available to the county clerk.
(5) As used in this section, "persons nominated as candidates
of a political party for county office and for state legislative
office who are delegates at large under section 599(5)" means
incumbent county officials, incumbent state legislators, and
unsuccessful candidates for county offices and state legislative
offices who were candidates at the last prior regular or special
election held for the respective office.
Sec.
625. A delegate ballot shall must
be voted and canvassed
by
the precinct inspectors in the same
manner as ballots bearing
the names of the candidates for other county offices. The returns
shall
must be made direct to the county clerk, who shall
immediately
notify the successful candidates by registered,
certified,
or first class first-class mail at the address given in
their
nominating petitions. affidavit
of identity. The county clerk
shall, at the same time, furnish the chairperson of the county
committee of each political party with the names and addresses of
the delegates to the county convention of the chairperson's
political party as required in section 608. However, in case of a
tie vote between the candidates for delegate in any precinct, the
county clerk shall notify the candidates to appear in his or her
office
at a specified time, and the successful candidate shall must
be determined by drawing in a manner similar to that provided in
section
851. If a candidate is elected who has not filed a
nominating
petition and whose name is not
printed on the ballots,
the
chairperson of the board of precinct election inspectors county
clerk shall determine if the candidate is a registered elector in
that
precinct. If the candidate is a registered elector in that
precinct,
the candidate's name and address shall be certified to
the
county clerk on the return and if not registered, the
candidate's
name shall not be certified on the return.
Sec.
737a. (1) Except as otherwise provided in this section,
subsection (2), the board of election inspectors shall not count a
write-in vote for a person unless that person has filed a
declaration of intent to be a write-in candidate as provided in
this
section. subsection. The write-in candidate shall file the
declaration of intent to be a write-in candidate with the filing
official for that elective office on or before 4 p.m. on the second
Friday immediately before the election. The secretary of state,
immediately after the 4 p.m. filing deadline under this subsection,
shall prepare and have delivered a list of all persons who have
filed a declaration of intent to be a write-in candidate under this
subsection, if any, to the appropriate county clerks. A filing
official other than the secretary of state who receives a
declaration of intent to be a write-in candidate or list of persons
who filed a declaration of intent from another filing official
under this subsection shall prepare and have delivered a list of
all persons who have filed a declaration of intent to be a write-in
candidate to the board of election inspectors in the appropriate
precincts before the close of the polls on election day.
(2) If a candidate whose name is printed on the official
ballot for the election dies or is otherwise disqualified after 4
p.m. on the second Friday immediately before the election, the
requirement of filing a declaration of intent to be a write-in
candidate under subsection (1) does not apply to a write-in
candidate. If a death or disqualification has occurred as described
in this subsection, the board of election inspectors shall count
all write-in votes for write-in candidates for the office sought by
the deceased or disqualified candidate.
(3)
Subsections (1) and (2) do not apply to a write-in
candidate
for precinct delegate. The board of election inspectors
shall
not count a write-in vote for a write-in candidate for
precinct
delegate unless that candidate has filed a declaration of
intent
to be a write-in candidate as provided in this subsection. A
write-in
candidate for precinct delegate shall file a declaration
of
intent to be a write-in candidate with the appropriate city or
township
clerk for that precinct on or before 4 p.m. on the Friday
immediately
before the election or with the board of election
inspectors
in the appropriate precinct before the close of the
polls
on election day. A city or township clerk who receives a
declaration
of intent to be a write-in candidate from a write-in
candidate
for precinct delegate under this subsection shall prepare
and
have delivered a list of all persons who have filed a
declaration
of intent to be a write-in candidate to the board of
election
inspectors in the appropriate precincts before the close
of
the polls on election day.
(3) (4)
The secretary of state shall
prescribe forms for the
declaration of intent to be a write-in candidate. Clerks shall
maintain a supply of declaration of intent to be a write-in
candidate
forms in the clerk's office. and make the forms available
in
the polling places during the August primary for this purpose.
The
declaration of intent to be a write-in candidate form shall
must include all of the following information:
(a) The name of the person intending to be a write-in
candidate.
(b) The elective office that the person seeks as a write-in
candidate.
(c) The residence address of the person seeking elective
office as a write-in candidate.
(d) Other information the secretary of state considers
appropriate.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.