June 12, 2018, Introduced by Reps. Calley, Marino, Webber and LaSata and referred to the Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 558 (MCL 168.558), as amended by 2014 PA 94.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 558. (1) When filing a nominating petition, qualifying
petition, filing fee, or affidavit of candidacy for a federal,
county, state, city, township, village, metropolitan district, or
school district office in any election, a candidate shall file with
the officer with whom the petitions, fee, or affidavit is filed 2
copies of an affidavit of identity. A candidate nominated for a
federal, state, county, city, township, or village office at a
political party convention or caucus shall file an affidavit of
identity within 1 business day after being nominated with the
secretary of state. The affidavit of identity filing requirement
does
not apply to a candidate nominated for the office of president
President
of the United States or vice
president Vice President of
the United States.
(2)
An affidavit of identity shall must
contain the
candidate's
name , and
residential address; ,
and ward and precinct
where
registered, if qualified to vote at that election; a
statement
that the candidate is a citizen of the United States; the
candidate's
number of years of residence in the state and county;
the title of the office sought; a statement that the candidate
meets the constitutional and statutory qualifications for the
office sought; other information that may be required to satisfy
the officer as to the identity of the candidate; and the manner in
which the candidate wishes to have his or her name appear on the
ballot. ;
and a statement that the candidate either is or is not
using
a name, whether a given name, a surname, or otherwise, that
is
not a name that he or she was given at birth. If a candidate is
using a name that is not a name that he or she was given at birth,
the candidate shall include on the affidavit of identity the
candidate's full former name.
(3) The requirement to indicate a name change on the affidavit
of identity does not apply if the name in question is 1 of the
following:
(a) A name that was formally changed at least 10 years before
filing as a candidate.
(b) A name that was changed in a certificate of naturalization
issued by a federal district court at the time the individual
became a naturalized citizen at least 10 years before filing as a
candidate.
(c) A name that was changed because of marriage.
(d) A name that was changed because of divorce, but only if to
a legal name by which the individual was previously known.
(e) A name that constitutes a common law name as provided in
section 560b.
(4)
An affidavit of identity shall must
include a statement
that as of the date of the affidavit, all statements, reports, late
filing fees, and fines required of the candidate or any candidate
committee organized to support the candidate's election under the
Michigan campaign finance act, 1976 PA 388, MCL 169.201 to 169.282,
have been filed or paid; and a statement that the candidate
acknowledges that making a false statement in the affidavit is
perjury, punishable by a fine up to $1,000.00 or imprisonment for
up to 5 years, or both. If a candidate files the affidavit of
identity with an officer other than the county clerk or secretary
of state, the officer shall immediately forward to the county clerk
1 copy of the affidavit of identity by first-class mail. The county
clerk shall immediately forward 1 copy of the affidavit of identity
for state and federal candidates to the secretary of state by
first-class mail. An officer shall not certify to the board of
election commissioners the name of a candidate who fails to comply
with this section, or the name of a candidate who executes an
affidavit of identity that contains a false statement with regard
to any information or statement required under this section.
(5)
If petitions or filing fees are filed by or in on behalf
of a candidate for more than 1 office, either federal, state,
county, city, village, township, metropolitan district, or school
district, the terms of which run concurrently or overlap, the
candidate
so filing, or in on behalf of whom petitions or fees were
so filed, shall select the 1 office to which his or her candidacy
is restricted within 3 days after the last day for the filing of
petitions or filing fees unless the petitions or filing fees are
filed for 2 offices that are combined or for offices that are not
incompatible. Failure to make the selection disqualifies a
candidate with respect to each office for which petitions or fees
were
so filed and the name of the candidate shall must not
be
printed upon the ballot for those offices. A vote cast for that
candidate
at the ensuing primary or general election shall must not
be counted and is void.
(6) A violation of this section for perjury is distinct and
separate from any violation of the Michigan campaign finance act,
1976 PA 388, MCL 169.201 to 169.282.