House Introduced Bill 4106

HOUSE BILL No. 4106

January 28, 1999, Introduced by Reps. Raczkowski, Mortimer, Bradstreet, Garcia, Gosselin, Kukuk and Vear and referred to
the Committee on Constitutional Law and Ethics.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 30a, 500f, 500g, 501a, 505, 509n, 509r,

509gg, 544c, 644k, 690, 862, 863, 954, and 972 (MCL 168.30a,

168.500f, 168.500g, 168.501a, 168.505, 168.509n, 168.509r,

168.509gg, 168.544c, 168.644k, 168.690, 168.862, 168.863,

168.954, and 168.972), section 501a as amended by 1995 PA 87,

sections 509n, 509r, and 509gg as added by 1994 PA 441, section

544c as amended by 1993 PA 137, and section 972 as amended by

1989 PA 26, and by adding section 17 and chapter XIV.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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SEC. 17. AS USED IN THIS ACT:

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(A) "SCHOOL BOARD" MEANS THE GOVERNING BODY OF A SCHOOL

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DISTRICT.

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(B) "SCHOOL BOARD MEMBER" MEANS A PERSON HOLDING THE OFFICE

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OF SCHOOL BOARD MEMBER PURSUANT TO THIS ACT. SCHOOL BOARD MEMBER

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DOES NOT INCLUDE A SCHOOL BOARD MEMBER OF AN INTERMEDIATE SCHOOL

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DISTRICT UNLESS THAT INTERMEDIATE SCHOOL DISTRICT HAS ADOPTED

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SECTIONS 615 TO 617 OF THE REVISED SCHOOL CODE, 1976 PA 451, MCL

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380.615 TO 380.617.

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(C) "SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT, A LOCAL ACT

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SCHOOL DISTRICT, OR AN INTERMEDIATE SCHOOL DISTRICT, AS THOSE

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TERMS ARE DEFINED IN THE REVISED SCHOOL CODE, 1976 PA 451, MCL

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380.1 TO 380.1852.

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(D) "NOVEMBER SCHOOL ELECTION" MEANS THE ELECTION HELD TO

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ELECT MEMBERS TO SCHOOL BOARDS AND THE STATE BOARD OF EDUCATION

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ON THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN

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EACH ODD NUMBERED YEAR.

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Sec. 30a. (1) A 4-member board of canvassers is established

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in every city and township having more than 5 precincts, notwith-

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standing any statutory or charter provision, or any other rule or

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law to the contrary. All of the powers granted to and duties

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required by law to be performed by city and township boards of

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canvassers are granted to and required to be performed by the

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boards of city and township canvassers in cities and townships

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having more than 5 precincts. School district elections in

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cities of over 5 precincts which are held in conjunction with the

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city elections shall be canvassed by the city board of

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canvassers. Members of the board OF CANVASSERS shall be

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appointed for terms of 4 years beginning January 1 next following

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their appointment. Of the members first appointed, 1 member of

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each of the political parties represented on the canvassing board

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shall be appointed for a term ending December 31, 1967, and 1 for

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a term ending December 31, 1965. Members of the board OF

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CANVASSERS shall be notified of their appointment within 5 days

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thereafter AFTER APPOINTMENT by their city or township clerk.

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(2) The city council or the township board of any city or

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township having more than 5 precincts may contract with the board

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of supervisors of the county in which all or the greater portion

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of the city or township's population resides to provide that the

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board of county canvassers of that county shall perform all the

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functions of the board of city or township canvassers. Financial

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arrangements of such a contract may provide that the city or

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township shall bear all or part of cost of such work.

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CHAPTER XIV.

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SUPERINTENDENT OF PUBLIC INSTRUCTION AND STATE

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HIGHWAY COMMISSIONER

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SCHOOL ELECTIONS

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SEC. 301. (1) A PERSON IS ELIGIBLE TO BE ELECTED TO THE

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OFFICE OF SCHOOL BOARD MEMBER IF THE PERSON IS A CITIZEN OF THE

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UNITED STATES AND IS A QUALIFIED AND REGISTERED ELECTOR OF THE

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SCHOOL DISTRICT HE OR SHE SEEKS TO REPRESENT.

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(2) THE TERM OF OFFICE FOR SCHOOL BOARD MEMBER IS 4 YEARS,

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COMMENCING AT 12 NOON ON THE JANUARY 1 IMMEDIATELY FOLLOWING HIS

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OR HER ELECTION. EXCEPT AS OTHERWISE PROVIDED IN SECTION 308, A

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SCHOOL BOARD MEMBER'S TERM OF OFFICE CONTINUES UNTIL A SUCCESSOR

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IS ELECTED AND QUALIFIED.

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SEC. 302. (1) TO OBTAIN THE PRINTING OF THE NAME OF A

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PERSON AS A CANDIDATE FOR THE OFFICE OF SCHOOL BOARD MEMBER UPON

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THE OFFICIAL BALLOTS IN THE VARIOUS ELECTION PRECINCTS OF A

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SCHOOL DISTRICT, THE CANDIDATE SHALL FILE AN AFFIDAVIT AS

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REQUIRED IN SECTION 558 AND NOMINATING PETITIONS SIGNED BY A

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NUMBER OF QUALIFIED AND REGISTERED ELECTORS RESIDING IN THE

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SCHOOL DISTRICT EQUAL TO NOT LESS THAN 1% OR MORE THAN 2% OF THE

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TOTAL NUMBER OF VOTES CAST IN THE SCHOOL DISTRICT FOR THE SCHOOL

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BOARD MEMBER WHO RECEIVED THE GREATEST NUMBER OF VOTES AT THE

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LAST ELECTION IN WHICH A SCHOOL BOARD MEMBER WAS ELECTED TO

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OFFICE. HOWEVER, THE NUMBER OF SIGNATURES ON THE PETITION SHALL

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NOT BE LESS THAN 20.

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(2) IF THE SCHOOL DISTRICT COMPRISES MORE THAN 1 COUNTY,

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CITY, OR TOWNSHIP, THE CANDIDATE SHALL FILE THE NOMINATING PETI-

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TIONS AND AFFIDAVIT WITH THE COUNTY CLERK OF THE COUNTY OF THAT

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CANDIDATE'S RESIDENCE. IF THE SCHOOL DISTRICT COMPRISES 1 CITY

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OR TOWNSHIP OR LESS, THE CANDIDATE SHALL FILE THE NOMINATING

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PETITIONS AND AFFIDAVIT WITH THE CLERK OF THAT CITY OR TOWNSHIP.

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(3) NOMINATING PETITIONS UNDER THIS SECTION SHALL BE IN THE

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FORM PRESCRIBED IN SECTION 544A. EXCEPT AS OTHERWISE PROVIDED IN

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THIS SUBSECTION, A COUNTY, CITY, OR TOWNSHIP CLERK SHALL RECEIVE

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NOMINATING PETITIONS FOR FILING UNDER THIS CHAPTER UP TO 4 P.M.

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OF THE THIRTIETH DAY BEFORE THE DATE OF THE ELECTION. IF THE

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THIRTIETH DAY BEFORE THE ELECTION FALLS ON A SATURDAY, SUNDAY, OR

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LEGAL HOLIDAY, THE CLERK SHALL RECEIVE NOMINATING PETITIONS FOR

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FILING UNDER THIS CHAPTER UP TO 4 P.M. OF THE NEXT BUSINESS DAY.

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SEC. 303. AFTER THE FILING OF A NOMINATING PETITION BY OR

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ON BEHALF OF A PROPOSED CANDIDATE FOR THE OFFICE OF SCHOOL BOARD

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MEMBER, THE CANDIDATE SHALL NOT BE PERMITTED TO WITHDRAW UNLESS A

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WRITTEN NOTICE OF WITHDRAWAL IS SERVED ON THE FILING OFFICIAL

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WITH WHOM HIS OR HER NOMINATING PETITIONS WERE FILED, OR THE

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FILING OFFICIAL'S AUTHORIZED AGENT, ON OR BEFORE 4 P.M. OF THE

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THIRD DAY AFTER THE LAST DAY FOR FILING NOMINATING PETITIONS.

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HOWEVER, IF THE THIRD DAY FALLS ON A SATURDAY, SUNDAY, OR LEGAL

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HOLIDAY, A WRITTEN NOTICE OF WITHDRAWAL IS EFFECTIVE IF SERVED ON

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THE APPROPRIATE PERSON AS PROVIDED IN THIS SUBSECTION ON OR

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BEFORE 4 P.M. OF THE NEXT BUSINESS DAY.

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SEC. 304. AT LEAST 1 SCHOOL BOARD MEMBER IN EACH SCHOOL

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DISTRICT SHALL BE ELECTED TO OFFICE IN EACH NOVEMBER SCHOOL

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ELECTION.

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SEC. 305. THE APPROPRIATE BOARD OF CANVASSERS AS PRESCRIBED

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IN SECTION 24A OR 30A SHALL CANVASS THE VOTES FOR CANDIDATES FOR

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THE OFFICE OF SCHOOL BOARD MEMBER IN THE NOVEMBER SCHOOL ELECTION

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IN EACH SCHOOL DISTRICT. THE NUMBER OF CANDIDATES FOR THE OFFICE

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OF SCHOOL BOARD MEMBER EQUAL TO THE NUMBER OF PERSONS TO BE

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ELECTED WHO RECEIVE THE GREATEST NUMBER OF VOTES CAST AT THE

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ELECTION, AS SET FORTH IN THE REPORT OF THE BOARD OF CANVASSERS

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CANVASSING THE VOTES, BASED UPON THE RETURNS FROM THE VARIOUS

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ELECTION PRECINCTS OR AS DETERMINED BY THE BOARD OF CANVASSERS AS

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A RESULT OF A RECOUNT, SHALL BE DECLARED ELECTED TO THE OFFICE OF

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SCHOOL BOARD MEMBER. UPON COMPLETION OF THE CANVASS, THE BOARD

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OF CANVASSERS SHALL MAKE A STATEMENT OF RETURNS AND CERTIFY THE

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ELECTION OF SCHOOL BOARD MEMBERS TO THE APPROPRIATE FILING

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OFFICIAL WHO RECEIVED THE NOMINATING PETITIONS IN THAT SCHOOL

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DISTRICT UNDER SECTION 302.

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SEC. 306. THE OFFICIAL WHO RECEIVES THE CERTIFICATION OF

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THE BOARD OF CANVASSERS UNDER SECTION 305 SHALL FILE IN HIS OR

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HER OFFICE AND PRESERVE THE ORIGINAL STATEMENT OF RETURNS AND

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CERTIFICATION OF THE BOARD OF CANVASSERS OF THE RESULT OF THE

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ELECTION. THE OFFICIAL SHALL IMMEDIATELY EXECUTE AND CAUSE TO BE

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DELIVERED TO THE PERSONS DECLARED ELECTED TO THE OFFICE OF SCHOOL

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BOARD MEMBER A CERTIFICATE OF ELECTION, CERTIFIED BY THE

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OFFICIAL.

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SEC. 307. A PERSON ELECTED TO THE OFFICE OF SCHOOL BOARD

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MEMBER, BEFORE ENTERING UPON THE DUTIES OF HIS OR HER OFFICE,

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SHALL TAKE AND SUBSCRIBE TO THE OATH PROVIDED IN SECTION 1 OF

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ARTICLE XI OF THE STATE CONSTITUTION OF 1963.

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SEC. 308. THE OFFICE OF A SCHOOL BOARD MEMBER SHALL BECOME

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VACANT IMMEDIATELY, WITHOUT DECLARATION BY AN OFFICER OR ACCEP-

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TANCE BY THE SCHOOL BOARD OR 1 OF ITS MEMBERS, UPON ANY OF THE

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FOLLOWING EVENTS:

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(A) THE DEATH OF THE SCHOOL BOARD MEMBER.

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(B) THE SCHOOL BOARD MEMBER'S BEING ADJUDICATED INSANE OR

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BEING FOUND TO BE MENTALLY INCOMPETENT BY A COURT OF COMPETENT

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JURISDICTION.

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(C) THE SCHOOL BOARD MEMBER'S RESIGNATION.

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(D) THE SCHOOL BOARD MEMBER'S REMOVAL FROM OFFICE.

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(E) THE SCHOOL BOARD MEMBER'S CONVICTION OF A FELONY.

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(F) THE SCHOOL BOARD MEMBER'S ELECTION OR APPOINTMENT BEING

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DECLARED VOID BY A COMPETENT TRIBUNAL.

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(G) THE SCHOOL BOARD MEMBER'S NEGLECT OR FAILURE TO FILE THE

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ACCEPTANCE OF OFFICE, TO TAKE THE OATH OF OFFICE, OR TO GIVE OR

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RENEW AN OFFICIAL BOND REQUIRED BY LAW.

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(H) THE FAILURE OF THE SCHOOL DISTRICT TO ELECT A SUCCESSOR

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AT THE NOVEMBER SCHOOL ELECTION.

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(I) THE SCHOOL BOARD MEMBER CEASING TO POSSESS THE LEGAL

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QUALIFICATIONS FOR HOLDING OFFICE.

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(J) THE SCHOOL BOARD MEMBER'S RESIDENCE BEING REMOVED FROM

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THE SCHOOL DISTRICT.

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SEC. 309. (1) IF A VACANCY OCCURS IN THE OFFICE OF SCHOOL

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BOARD MEMBER AS PROVIDED IN SECTION 308, THE VACANCY SHALL BE

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FILLED WITHIN 45 DAYS BY ELECTION OF A QUALIFIED AND REGISTERED

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ELECTOR OF THE SCHOOL DISTRICT BY A MAJORITY OF THE REMAINING

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MEMBERS OF THE SCHOOL BOARD. THE PERSON ELECTED BY THE SCHOOL

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BOARD UNDER THIS SUBSECTION SHALL HOLD THE OFFICE OF SCHOOL BOARD

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MEMBER UNTIL THE NEXT NOVEMBER SCHOOL ELECTION. THE SCHOOL BOARD

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SHALL CAUSE THE REMAINDER OF THE TERM OF THE VACANCY TO BE FILLED

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BY SPECIAL ELECTION HELD IN CONJUNCTION WITH THE NOVEMBER SCHOOL

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ELECTION. THE PERSON ELECTED AT THE NOVEMBER SCHOOL ELECTION TO

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FILL A VACANCY UNDER THIS SUBSECTION SHALL HOLD THE OFFICE OF

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SCHOOL BOARD MEMBER FOR THE FULL REMAINDER OF THE TERM OF THE

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FORMER MEMBER.

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(2) IF THE REMAINING MEMBERS OF THE SCHOOL BOARD FAIL TO

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FILL A VACANCY AS REQUIRED UNDER SUBSECTION (1), THE SCHOOL BOARD

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SHALL CAUSE THE VACANCY TO BE FILLED AT THE NEXT NOVEMBER SCHOOL

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ELECTION BY SPECIAL ELECTION HELD IN CONJUNCTION WITH THAT

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ELECTION. THE PERSON ELECTED TO FILL A VACANCY UNDER THIS

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SUBSECTION SHALL HOLD THE OFFICE OF SCHOOL BOARD MEMBER FOR THE

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FULL REMAINDER OF THE TERM OF THE FORMER MEMBER.

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(3) UNTIL A VACANCY IS FILLED UNDER THIS SECTION, THE

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REMAINING MEMBERS OF THE SCHOOL BOARD HAVE ALL OF THE POWERS AND

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DUTIES ESTABLISHED BY LAW.

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SEC. 310. THE VOTES CAST FOR A CANDIDATE FOR THE OFFICE OF

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SCHOOL BOARD MEMBER OR ON A QUESTION SUBMITTED TO THE VOTERS AT A

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SCHOOL ELECTION ARE SUBJECT TO RECOUNT AS PROVIDED IN

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CHAPTER XXXIII.

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SEC. 311. A PERSON ELECTED TO THE OFFICE OF SCHOOL BOARD

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MEMBER IS SUBJECT TO RECALL AS PROVIDED IN CHAPTER XXXVI AND IN

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SECTION 8 OF ARTICLE II OF THE STATE CONSTITUTION OF 1963.

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SEC. 315. (1) A SCHOOL BOARD MAY SUBMIT A QUESTION TO THE

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VOTE OF THE REGISTERED ELECTORS OF THE SCHOOL DISTRICT AS PRO-

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VIDED IN THIS SECTION. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED

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BY LAW, THE SCHOOL BOARD SHALL SUBMIT A QUESTION TO THE VOTE OF

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THE REGISTERED ELECTORS OF THE SCHOOL DISTRICT AS PROVIDED IN

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THIS SECTION UPON RECEIPT OF PETITIONS SIGNED BY 5% OR MORE OF

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THE REGISTERED ELECTORS OF THE SCHOOL DISTRICT, BUT THE NUMBER

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SHALL NOT BE LESS THAN 25.

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(2) UPON DECISION OF THE SCHOOL BOARD TO SUBMIT A QUESTION

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TO THE VOTE OF THE REGISTERED ELECTORS OF THE SCHOOL DISTRICT OR

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DETERMINATION BY THE SCHOOL BOARD THAT A PETITION MEETS THE

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LAWFUL SIGNATURE REQUIREMENTS, THE QUESTION SHALL BE SUBMITTED TO

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THE REGISTERED ELECTORS OF THE SCHOOL DISTRICT AT A SPECIAL ELEC-

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TION HELD ON 1 OF THE FOLLOWING ELECTION DATES:

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(A) THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN APRIL.

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(B) THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN AUGUST.

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(C) THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN

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NOVEMBER.

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(3) THE SCHOOL BOARD SHALL CALL A SPECIAL ELECTION UNDER

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THIS SECTION BY GIVING THE REQUIRED LEGAL NOTICE.

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(4) A SCHOOL BOARD SHALL NOT SUBMIT A QUESTION TO THE VOTE

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OF THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT UNLESS THE QUES-

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TION TO BE VOTED UPON IS WITHIN THE LAWFUL AUTHORITY OF THE QUAL-

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IFIED ELECTORS OF THAT SCHOOL DISTRICT TO DECIDE. A SCHOOL BOARD

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SHALL NOT SUBMIT A QUESTION TO THE VOTE OF THE QUALIFIED ELECTORS

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OF THE SCHOOL DISTRICT UNLESS THE QUESTION TO BE VOTED UPON IS

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STATED IN THE NOTICE OF THE ELECTION.

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SEC. 316. (1) IF A SCHOOL BOARD CALLS A SPECIAL ELECTION TO

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SUBMIT A QUESTION TO THE REGISTERED ELECTORS OF THE SCHOOL DIS-

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TRICT AS PROVIDED IN SECTION 315, THE SCHOOL DISTRICT SHALL PAY

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TO EACH COUNTY, CITY, AND TOWNSHIP CONDUCTING THE SPECIAL ELEC-

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TION FOR THAT SCHOOL DISTRICT AN AMOUNT DETERMINED BY THIS

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SECTION.

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(2) IF THE SPECIAL ELECTION CALLED BY THE SCHOOL BOARD IS

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HELD IN CONJUNCTION WITH ANOTHER ELECTION HELD IN THE COUNTY,

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CITY, OR TOWNSHIP, THE SCHOOL DISTRICT SHALL PAY TO THE COUNTY,

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CITY, OR TOWNSHIP 100% OF THE ACTUAL COSTS OF CONDUCTING THE SPE-

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CIAL ELECTION CALLED BY THE SCHOOL BOARD. IF THE SPECIAL ELEC-

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TION CALLED BY THE SCHOOL BOARD IS NOT HELD IN CONJUNCTION WITH

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ANY OTHER ELECTION HELD IN THE COUNTY, CITY, OR TOWNSHIP, THE

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SCHOOL DISTRICT SHALL PAY TO THE COUNTY, CITY, OR TOWNSHIP 105%

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OF THE ACTUAL COSTS OF CONDUCTING THE SPECIAL ELECTION CALLED BY

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THE SCHOOL BOARD.

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(3) THE COUNTY, CITY, OR TOWNSHIP SHALL PRESENT TO THE

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SCHOOL DISTRICT A VERIFIED ACCOUNT OF ACTUAL COSTS OF CONDUCTING

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THE SPECIAL ELECTION CALLED BY THE SCHOOL BOARD NOT LATER THAN

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THE NINETIETH DAY FOLLOWING THE DATE OF THE ELECTION. THE SCHOOL

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BOARD SHALL PAY OR DISAPPROVE ALL OR A PORTION OF THE VERIFIED

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ACCOUNT BEFORE THE EXPIRATION OF 90 DAYS AFTER THE SCHOOL DIS-

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TRICT RECEIVES A VERIFIED ACCOUNT OF ACTUAL COSTS UNDER THIS

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SUBSECTION.

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(4) IF THE SCHOOL BOARD DISAPPROVES ALL OR A PORTION OF A

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VERIFIED ACCOUNT OF ACTUAL COSTS UNDER SUBSECTION (3), THE SCHOOL

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BOARD SHALL SEND A NOTICE OF DISAPPROVAL ALONG WITH THE REASONS

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FOR THE DISAPPROVAL TO THE COUNTY, CITY, OR TOWNSHIP. UPON

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REQUEST OF A COUNTY, CITY, OR TOWNSHIP WHOSE VERIFIED ACCOUNT OR

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PORTION OF A VERIFIED ACCOUNT WAS DISAPPROVED UNDER THIS SECTION,

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THE SCHOOL BOARD SHALL REVIEW THE DISAPPROVED COSTS WITH THE

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COUNTY, CITY, OR TOWNSHIP.

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(5) SCHOOL BOARDS, COUNTIES, CITIES, AND TOWNSHIPS SHALL USE

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THE AGREEMENT ON WHAT CONSTITUTES VALID COSTS OF CONDUCTING AN

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ELECTION MADE PURSUANT TO SECTION 487(2) AS A BASIS FOR PREPARING

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AND EVALUATING VERIFIED ACCOUNTS UNDER THIS SECTION. THE SECRE-

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TARY OF STATE SHALL ASSIST SCHOOL BOARDS, COUNTIES, CITIES, AND

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TOWNSHIPS IN PREPARING AND EVALUATING VERIFIED ACCOUNTS UNDER

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THIS SECTION.

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SEC. 320. THE PROVISIONS OF THIS ACT APPLICABLE TO THE

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CONDUCT OF ELECTIONS SHALL BE APPLICABLE AS NEAR AS POSSIBLE IN

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ALL RESPECTS TO A GENERAL OR SPECIAL ELECTION CONDUCTED UNDER

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THIS CHAPTER, UNLESS OTHERWISE SPECIFICALLY PROVIDED TO THE

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CONTRARY.

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Sec. 500f. The clerk of a township shall transmit to the

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village clerk of a village, the whole or part of which lies in

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the township, information necessary to complete the village reg-

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istration of a person registered under sections 500a to 500j.

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The clerk of a city or township shall transmit to the secretary

9
of a school district, where applicable, the information on the

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application of a person residing within the school district and

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registered under sections 500a to 500j.

12 Sec. 500g. A registration card prepared under sections 500a

13
to 500j shall be sworn to and signed by the voter at the first

14
election during which the voter appears at the polls, or may be

15
signed in the office of the secretary of the school district or

16
in the clerk's office. The application shall be retained by the

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city or township clerk for signature purposes until the registra-

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tion card is signed, except that the application shall be sent to

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the appropriate precinct for each election until the registration

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card is signed. The secretary of state may provide an applica-

21
tion form which THAT allows a completed affidavit to be

22
attached to a registration card prepared by a local clerk. The

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registrant shall not be required to sign a registration card if

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the completed affidavit is attached.

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Sec. 501a. The BOARD OF election commission COMMISSIONERS

26
of a city, village, or township may authorize the clerk of the

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city, village, or township to create a registration list. The

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registration list shall be alphabetically arranged and shall

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contain the name of each registered elector in a precinct. The

3
name shall be followed by the address and date of birth of the

4
elector. The BOARD OF election commission COMMISSIONERS may

5
also provide that the registration list may be used instead of

6
the precinct registration file when this act provides for the use

7
of a precinct registration file. A school district or an inter-

8
mediate school district may also use a registration list instead

9
of the precinct registration file when a precinct registration

10
file is required. A city, village, or township shall maintain a

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file containing the signature of each elector registered in the

12
city, village, or township.

13
Sec. 505. (1) At the time an elector is applying for regis-

14
tration, the registration officer shall ascertain if the elector

15
is already registered as a voter. If the elector is previously

16
registered, the elector shall at the time of applying for regis-

17
tration sign an authorization to cancel any previous

18
registration. The secretary of state shall prescribe forms for

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this purpose. The form may be a part of the application or a

20
separate form. The clerk of the city or township in which the

21
elector is newly registered shall notify the registration officer

22
of the place of previous registration of the authorization to

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cancel.

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(2) An authorization to cancel which THAT indicates a pre-

25
vious address in a state other than this state shall be forwarded

26
to the secretary of state of that state. Notice may be made by

27
forwarding the separate cancellation form, by forwarding the

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portion of an application listing a previous place of

2
registration or by forwarding a list certified by the clerk con-

3
taining the names of people authorizing cancellation.

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(3) Notices of cancellation shall contain the name, birth

5
date, and address at which the elector was previously registered,

6
and the name of the city or township of previous registration of

7
all persons authorizing cancellations. Notices shall be sent

8
within 30 days after receipt, but not later than 5 days after the

9
close of registration.

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(4) Upon receipt of the notice, the clerk shall cancel the

11
registration of the persons listed on the notice. The clerk

12
shall also notify the registration officer of each village and

13
school district in which the person resides of receipt of an

14
authorization to cancel. An authorization to cancel a voter reg-

15
istration signed by the voter and received from another state or

16
a notice from an election official of another state that an elec-

17
tor has registered in that state shall have the same force and

18
effect as the notice of authorization to cancel of this state.

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Sec. 509n. The secretary of state is responsible for the

20
coordination of the requirements imposed under this chapter and

21
the national voter registration act of 1993. The secretary of

22
state shall do all of the following:

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(a) Develop a mail registration form and make the form

24
available for distribution through governmental and private enti-

25
ties, with special emphasis on making the form available to voter

26
registration programs established for the purpose of registering

27
citizens of this state to vote.

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(b) Instruct designated voter registration agencies, ; AND

2
county, city, township, and village clerks ; and school

3
officials regarding the voter registration procedures and

4
requirements imposed by law.

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Sec. 509r. (1) The secretary of state shall establish and

6
maintain the computer system and programs necessary to the opera-

7
tion of the qualified voter file. The secretary of state shall

8
allow each county, city, township, or village access to the qual-

9
ified voter file. The county, city, township, and village clerks

10
shall verify the accuracy of the names and addresses of regis-

11
tered voters in the qualified voter file.

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(2) Subject to subsection (3), the secretary of state and

13
county, city, township, and village clerks shall compile the

14
qualified voter file that consists of all qualified electors from

15
the following sources and in the following priority:

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(a) A driver's license or, if there is no driver's license,

17
a state personal identification card, including renewals and

18
changes of address with the department of state.

19
(b) An application for benefits or services, including

20
renewals and changes of address, taken by a designated voter reg-

21
istration agency.

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(c) An application to register to vote taken by a county,

23
city, township, or village clerk. or secretary of a school

24
board.

25
(3) A person whose name does not otherwise appear in the

26
qualified voter file shall be placed in the qualified voter file

27
only if the person signs under penalty of perjury an application

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that contains an attestation that the applicant meets all of the

2
following requirements:

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(a) Is 17-1/2 years of age or older.

4
(b) Is a citizen of the United States and this state.

5
(c) Is a resident of the city or township where the person's

6
street address is located.

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(4) A designated voter registration agency or a county,

8
city, township, or village clerk shall not add to, delete from,

9
or change any information contained in the qualified voter file

10
during the period beginning on the seventh day before an election

11
and ending on the day of the election.

12
Sec. 509gg. The information described in this section that

13
is contained in a registration record is exempt from the freedom

14
of information act, Act No. 442 of the Public Acts of 1976,

15
being sections 15.231 to 15.246 of the Michigan Compiled Laws

16
1976 PA 442, MCL 15.231 TO 15.246. The secretary of state, a

17
designated voter registration agency , OR a county, city, town-

18
ship, or village clerk , or the secretary of a school board

19
shall not release a copy of that portion of a registration record

20
that contains any of the following:

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(a) The record that a person declined to register to vote.

22
(b) The office that received a registered voter's

23
application.

24
(c) A registered voter's driver license or state personal

25
identification card number.

26
(d) The month and day of birth of a registered voter.

01075'99 a
16

1
(e) The telephone number provided by the registered voter.

2
Sec. 544c. (1) A nominating petition shall be 8-1/2 inches

3
by 14 inches in size. On a nominating petition, the words

4
"nominating petition" shall be printed in 24-point boldface

5
type. "We, the undersigned," et cetera shall be printed in

6
8-point type. "Warning" and language in the warning shall be

7
printed in 12-point boldface type. The balance of the petition

8
shall be printed in 8-point type. The name, address, and party

9
affiliation of the candidate and the office for which petitions

10
are signed shall be printed in type not larger than 24-point.

11
The petition shall be in the following form:

13
NOMINATING PETITION

14
(PARTISAN)

15
We, the undersigned, registered and qualified voters of

16
the city or township (STRIKE 1) of ............, THE SCHOOL DISTRICT

17
OF ............, in the county of

18
(strike 1)

19
................. and state of Michigan, nominate,

20
................................................................ ,

01075'99 a
17

1
(Name of Candidate)

2
................................................................ ,

3
(Street Address or Rural Route) (Post Office)

4
as a candidate of the ................ party for the office of

5
.................. , ........................................... ,

6
(District, if any)

7
to be voted for at the primary election to be held on the

8
......... day of .......... , 19... .

9
WARNING

10
A person who knowingly signs more petitions for the same

11
office than there are persons to be elected to the office or

12
signs a name other than his or her own is violating the provi-

13
sions of the Michigan election law.

01075'99 a
18

1
______________________________________________________________________

2
Printed Street Address

3
Name and or Post Office Date of Signing

4
Signature Rural Route Mo. Day Year

5
______________________________________________________________________

6
1. _________________________________________________________________

7
2. _________________________________________________________________

8
3. _________________________________________________________________

9
4. _________________________________________________________________

10
numbered lines as above

11
CERTIFICATE OF CIRCULATOR

12
The undersigned circulator of the above petition asserts

13
that he or she is qualified to circulate this petition and that

14
each signature on the petition was signed in his or her presence;

15
and that, to his or her best knowledge and belief, each signature

16
is the genuine signature of the person purporting to sign the

17
petition, the person signing the petition was at the time of

18
signing a qualified registered elector of the city or township

19
listed in the heading of the petition, and the elector was quali-

20
fied to sign the petition.

01075'99 a
19

1
Circulator--Do not sign or date certificate until after

2
circulating petition.

3
________________________________________________________

4
(Printed Name and Signature of Circulator) (Date)

5
________________________________________________________

6
(City or Township Where Registered)

7
________________________________________________________

8
Complete Address (Street and Number or Rural Route)

9
________________________________________________________

10
(Post Office)

11
Warning-A circulator WHO knowingly making MAKES a false

12
statement in the above certificate, a person not a circulator who

13
signs as a THE circulator, or a person who signs a name other

14
than his or her own as circulator is guilty of a misdemeanor.

15
(2) The petition shall be in a form providing a space for

16
the circulator and each elector who signs the petition to print

17
his or her name. The secretary of state shall prescribe the

18
location of the space for the printed name. The failure of the

19
circulator or an elector who signs the petition to print his or

20
her name or to print his or her name in the location prescribed

21
by the secretary of state does not affect the validity of the

22
signature of the circulator or the elector who signs the

23
petition. A printed name located in the space prescribed for

01075'99 a
20

1
printed names does not constitute the signature of the circulator

2
or elector.

3
(3) At the time of circulation, the circulator of a petition

4
shall be a registered elector of this state. At the time of exe-

5
cuting the certificate of circulator, the circulator shall be

6
registered in the city or township indicated in the certificate

7
of circulator on the petition.

8
(4) The circulator of a petition shall sign and date the

9
certificate of circulator before the petition is filed. A circu-

10
lator shall not obtain electors' signatures after the circulator

11
has signed and dated the certificate of circulator. A filing

12
official shall not count electors' signatures that were obtained

13
after the date the circulator signed the certificate or that are

14
contained in a petition that the circulator did not sign and

15
date.

16
(5) Except as provided in section 544d, a petition sheet

17
shall not be circulated in more than 1 city or township and each

18
signer of a petition sheet shall be a registered elector of the

19
city or township indicated in the heading of the petition sheet.

20
The invalidity of 1 or more signatures on a petition does not

21
affect the validity of the remainder of the signatures on the

22
petition.

23
(6) A person shall not sign more nominating petitions for

24
the same office than there are persons to be elected to the

25
office. A PERSON WHO VIOLATES THIS SUBSECTION IS GUILTY OF A

26
MISDEMEANOR.

01075'99 a
21

1
(7) A person who signs a petition with a name other than his

2
or her own is guilty of a misdemeanor.

3
(8) A person who knowingly makes a false statement in a cer-

4
tificate on a petition, a person not a circulator who signs as a

5
circulator, or a person who signs a name as circulator other than

6
his or her own is guilty of a misdemeanor.

7
(9) A person who aids or abets another in an act that is

8
prohibited by this section is guilty of a misdemeanor.

9
(10) The provisions of this section except as otherwise

10
expressly provided apply to all petitions circulated under

11
authority of the election law.

12
Sec. 644k. (1) If all or portion of a school district or

13
a community college district is wholly or partly within a city

14
or more than 1 city that elects city officers at the odd year

15
general election, the school district or community college dis-

16
trict , except a first class school district, may hold its

17
election biennially at the odd year general election if existing

18
law requires or an agreement pursuant to section 533 of Act No.

19
269 of the Public Acts of 1955, as amended, being section 340.533

20
of the Michigan Compiled Laws, authorizes each city to conduct

21
the school or community college election at the same time as

22
and in conjunction with the city election.

23
(2) The board of education of a school district or the

24
board of trustees of a community college district may determine

25
by resolution whether the district shall hold its election as

26
provided in this section. The resolution shall be adopted

27
before May 1, 1971, if it is to be applicable to the 1971 odd

01075'99 a
22

1
year general election, otherwise it shall be adopted not less

2
than 6 months preceding the date of any regularly scheduled

3
school or community college district election. In its resolu-

4
tion the board shall provide that the term of office of members

5 of the school district or community college district board

6
shall be for an even number of years and shall provide for an

7
election schedule which THAT implements the change. A term may

8
be extended for not more than 1 year for this purpose. The board

9
may change the filing date of nominating petitions for board of

10
education candidates to conform with the filing dates of a city

11
election that is held in conjunction with the school board

12
election. In the case of school elections held in accordance

13
with this section, the last date for nomination shall not be more

14
than 49 days before the scheduled school election. The board may

15
provide that all members shall not be elected at the same

16
election. Incumbents' terms shall be in accordance with

17
PURSUANT TO section 644g(1). The date for taking office shall be

18
as prescribed in section 644h.

19
(3) This section shall not be deemed CONSIDERED to change

20
the prior provisions of law regarding petitions, nominations, or

21
the conduct of school district and community college district

22
elections other than to allow a change in the date of the regular

23
district election and changes in the date for taking office and

24
the terms of office related to the change in election date.

25
Sec. 690. The APPROPRIATE township, city, or village board

26
of election commissioners, as the case may be, shall cause the

27
ballots required for any regular or special township, village,

01075'99 a
23

1
or city, OR SCHOOL election, or official primary election for

2
the nomination of candidates for township, village, city, SCHOOL,

3
or ward offices, to be printed and delivered to the APPROPRIATE

4
township, village, or city clerk , as the case may be, at least

5
10 days before any such THE election. , and like
SIMILAR

6
duties as are hereinbefore enjoined IMPOSED upon county boards

7
of election commissioners and upon county, township, and city

8
clerks relative to the printing, counting, packaging, sealing,

9
and delivery of official ballots, are hereby enjoined ALSO

10
IMPOSED upon the several township and municipal boards of elec-

11
tion commissioners and upon the several township, village, or

12
city clerks relative to the printing, counting, packaging,

13
sealing, and delivery of official ballots for use in each pre-

14
cinct of such THE township, village, or city at any such

15
municipal, or township, OR SCHOOL election.

16
Sec. 862. A candidate for any office AT AN ELECTION,

17
including a candidate at all A school elections except an

18
election for board members in a primary school district, at any

19
primary or election, conceiving himself ELECTION, WHO BELIEVES

20
HE OR SHE IS aggrieved on account of fraud or mistake in the can-

21
vass of the votes by the inspectors of election, or in the

22
returns made thereon ON THE ELECTION by the BOARD OF ELECTION

23
inspectors, may petition for a recount of the votes cast for that

24
office in any precinct or precincts as provided in this chapter.

25
Sec. 863. A qualified and registered elector voting in a

26
city, township, school district other than a primary school

27
district at an election for board members, or village at the

01075'99 a
24

1
last preceding election who believes there has been fraud or

2
error committed by the inspectors of election in its canvass or

3
returns of the votes cast at the election, upon a proposed amend-

4
ment to the charter of the city or village or any other proposi-

5
tion submitted to the voters of the county, city, township,

6
school district, or village, may petition for a recount of the

7
votes cast in any precinct or precincts of that county, city,

8
township, school district, or village, upon that proposed amend-

9
ment or other proposition as provided in this chapter.

10
Sec. 954. The RECALL petitions shall be signed by regis-

11
tered and qualified electors of the electoral district of the

12
official whose recall is sought. In a school district where

13
school electors are not required to be registered, the signers of

14
the petition shall not be required to be registered electors and

15
the term "registered and qualified electors" shall mean

16
"qualified electors". Each signer of the A RECALL
petition

17
shall affix his OR HER signature, address, and the date of

18
signing. The persons signing the A PERSON WHO SIGNS A RECALL

19
petition shall be A registered and qualified electors ELECTOR

20
of the governmental subdivision designated in the heading of the

21
petition.

22
Sec. 972. (1) Except as provided in subsection (2), a can-

23
didate for a nonpartisan office shall be nominated and voted for

24
in an election scheduled pursuant to section 971 by filing a nom-

25
inating petition not later than 4 p.m. on the fifteenth day

26
after the election is called. The nominating petition shall be

27
filed with the clerk or secretary of the electoral district and

01075'99 a
25

1
signed by not less than 3% of the registered and qualified

2
electors of the electoral district. However, a nominating peti-

3
tion for the office of district library board member shall be

4
signed by not less than 3% of the number of persons voting in the

5
district library district at the last election at which district

6
library board members were elected and filed with the clerk of

7
the largest county or, if a school district is a participating

8
municipality, with the secretary of the largest participating

9
school district. For the purposes of this subsection, the term

10
"largest" has the meaning ascribed to it MEANS THAT TERM AS

11
DEFINED in section 2 of the district library establishment act,

12
1989 PA 24, MCL 397.172.

13
(2) This subsection applies to an election to fill a vacancy

14
for an unexpired term created by a recall of a SCHOOL BOARD

15
member, of a board of education of a school district, if the

16
election is scheduled to be held on the same date as an annual

17
school election or a general election. A petition filed by a

18
candidate shall be signed by a number of registered and qualified

19
electors of the school district equal to not less than 1% of the

20
total number of votes received by the candidate for SCHOOL BOARD

21
member of the board of education who received the greatest

22
number of votes at the last election at which members of the

23
SCHOOL board of education were elected, but the number shall

24
not be less than 20. The petition shall clearly state that it

25
relates to the filling of a vacancy for an unexpired term and

26
shall be filed with the secretary of the board or in the office

27
of the board of education FILING OFFICIAL WHO RECEIVES

01075'99 a
26

1
NOMINATING PETITIONS UNDER SECTION 302 not later than 4 p.m. on

2
the fifteenth day after the election is called.

3
Enacting section 1. This amendatory act takes effect

4
January 1, 2002.

5
Enacting section 2. This amendatory act does not take

6
effect unless Senate Bill No. __________ or House Bill

7
No. __________ (request no. 01075'99) of the 90th Legislature is

8
enacted into law.

01075'99 a Final page. KKR