HOUSE BILL NO. 5958

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending section 558 (MCL 168.558), as amended by 2021 PA 158.

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 filing official 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 of the United States or Vice President of the United States.

(2) An affidavit of identity must contain the candidate's name and residential address; a statement that the candidate is a citizen of the United States; the title of the office sought including the jurisdiction, district, circuit, or ward; the candidate's political party or a statement indicating no party affiliation if the candidate is running without political party affiliation; the term of office; the date of the election in which the candidate wishes to appear on the ballot; 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 filing official 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. Except as otherwise provided in this subsection, an affidavit of identity must also contain every jurisdiction in this state in which the candidate previously sought nomination or election. A candidate is not required to disclose on the affidavit of identity a jurisdiction in which the candidate previously sought nomination or election if the office for which the candidate sought nomination or election in that jurisdiction is not an office for which a candidate is required to file campaign statements under the Michigan campaign finance act, 1976 PA 388, MCL 169.201 to 169.282. 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. If the affidavit of identity is for a candidate for precinct delegate, the candidate shall include his or her precinct number on the affidavit of identity. If the affidavit of identity is for a judicial candidate, the candidate shall include on the affidavit of identity whether the office sought is an incumbent position, a nonincumbent position, or a new judgeship.

(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 must include a signed and notarized compliance 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. An outstanding notice of error or omission is not a statement, report, late filing fee, or fine for purposes of this subsection.

(5) If a candidate files the affidavit of identity with an officer a filing official other than the county clerk or secretary of state, the officer filing official shall immediately forward to the county clerk 1 copy of the affidavit of identity by first-class mail, facsimile, or electronic transmission. 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, facsimile, or electronic transmission. 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.

(6) All information given and statements made by the candidate on the affidavit of identity must be true as of the date that the affidavit is signed. The affidavit of identity must be signed, sworn to, and dated by the candidate, and the affidavit of identity must be properly notarized under the Michigan law on notarial acts, 2003 PA 238, MCL 55.261 to 55.315.

(7) The failure of a candidate to disclose a jurisdiction in which the candidate previously sought nomination or election is not a reason to disqualify the candidate from appearing on the ballot.

(8) A candidate who omits information required on the affidavit of identity may correct the omission by filing a new affidavit of identity until the filing deadline. The filing official with whom an affidavit of identity is filed shall disqualify a candidate who fails to correct an omission by the filing deadline. For purposes of this subsection, an omission includes, but is not limited to, a blank or any incomplete information on the affidavit of identity, but does not include an omission on the compliance statement required under subsection (4).

(9) The filing official with whom an affidavit of identity is filed shall disqualify a candidate who provides false information as of the date the candidate signed the affidavit of identity regarding the information required under subsection (2). A candidate disqualified under this subsection cannot reverse the disqualification by filing a corrected affidavit of identity.

(10) A candidate who, as of the date he or she signed the affidavit of identity, has not responded to a notice of error or omission must not be disqualified solely for that reason. However, a candidate with an outstanding notice of error or omission may be disqualified based on the unfiled or unpaid statement, report, late filing fees, or fines upon which the notice was based.

(11) The filing official with whom an affidavit of identity is filed shall examine the campaign finance records of the secretary of state and the county clerk of any county in which the candidate previously sought nomination or election, if applicable, to determine if the candidate made a false statement in the affidavit of identity. The filing official shall disqualify a candidate who falsely states that as of the date he or she signed 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. A candidate disqualified under this subsection cannot reverse the disqualification by filing a corrected affidavit of identity.

(12) For purposes of this section, a candidate who files a statement of organization under the Michigan campaign finance act, 1976 PA 388, MCL 169.201 to 169.282, and who does not request a reporting waiver is presumed to owe the campaign statement for the reporting period that includes the date the candidate committee was formed.

(13) (5) If petitions or filing fees are filed by or 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 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 must not be printed upon the ballot for those offices. A vote cast for that candidate at the ensuing primary or general election must not be counted and is void.

(14) (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.

(15) As used in this section, "notice of error or omission" means the notice issued under section 16(6) of the Michigan campaign finance act, 1976 PA 388, MCL 169.216.