DEPARTMENT OF STATE
 
BUREAU OF ELECTIONS
 
DISQUALIFICATION FROM BALLOT BASED UPON CONTENTS OF AFFIDAVIT OF IDENTITY
 
Filed with the secretary of state on
 
These rules become effective immediately after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.
 
(By authority conferred on the secretary of state by section 31 of the Michigan
election law, 1954 PA 116, MCL 168.31)
 
R 168.1 of the Michigan Administrative Code is amended, and R 168.5 and R 168.6 are added, as follows:
 
R 168.1  Definitions.
  Rule 1. (1) As used in these rules:
  (a) “Affidavit of identity” or “affidavit” means the filing made pursuant to section 558 of the Michigan election law, 1954 PA 116, MCL 168.558.
  (b) “Compliance statement” means the statement required by section 558(4) of the Michigan election law, 1954 PA 116, MCL 168.558, that the candidate does not owe any statements, reports, fines, or late filing fees.
  (c) “Filing official” means the township, city, or county clerk or the secretary of state with which the affidavit of identity is filed.
 (d) “Good cause” means 1 or more of the following reasons:
   (i) The incapacitating physical illness, hospitalization, accident involvement, death, or incapacitation for medical reasons of the challenger or candidate or a member of the immediate family of the challenger or candidate.
   (ii) Other unique, unintentional factors beyond the control of the challenger or candidate not stemming from a negligent act or nonaction that a reasonably prudent person would excuse the failure to comply on a temporary basis.
  (de) “Notice of error or omission” means the notice issued pursuant to section 16(6) of the Michigan campaign finance act, 1976 PA 388, MCL 169.216.

R 168.5  Affidavit of identity challenge.
  Rule 5. (1) Except as provided in subrule (3) of this rule, the filing official shall reject any challenge received more than 7 days after the deadline for the filing of the affidavit of identity.
  (2) Except as provided in subrule (3) of this rule, the filing official shall reject any challenge that is not in the form of a signed and notarized complaint.
  (3) The filing official may exercise discretion to accept a challenge that does not meet the requirements in subrules (1) and (2) of this rule on a showing of good cause.
 
R 168.6  Candidate response to challenge.
  Rule 6. (1) Except as provided in subrule (3) of this rule, the filing official shall render a decision without consideration of a candidate’s response to a challenge to the candidate’s affidavit of identity if the response is received more than 7 days after the candidate was provided with the challenge.
  (2) Except as provided in subrule (3) of this rule, the filing official shall decline to consider a response that is not signed.
  (3) The filing official may exercise discretion to accept a challenge that does not meet the requirements in subrules (1) and (2) of this rule on a showing of good cause.