HOUSE BILL No. 5054


     October 26, 1999, Introduced by Rep. Mortimer and referred to the Committee on
Constitutional Law and Ethics.


        A bill to amend 1954 PA 116, entitled

   "Michigan election law,"

   by amending sections 2, 42, 73, 74, 283, 284, 393, 394, 544b,

   662, 686, 686a, 759a, and 879 (MCL 168.2, 168.42, 168.73, 168.74,

   168.283, 168.284, 168.393, 168.394, 168.544b, 168.662, 168.686,

   168.686a, 168.759a, and 168.879), section 284 as amended by 1990

   PA 7, sections 662 and 759a as amended by 1996 PA 207, section

   686a as amended by 1988 PA 116, and section 879 as amended by

   1995 PA 261, and by adding section 30; and to repeal acts and

   parts of acts.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 2.  (1)  The term "election", as used in this act,

 2     shall mean and be held to include any election and 
                       AS USED IN

 3    THIS ACT:




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 1         (A) "BUSINESS DAY" OR "SECULAR DAY" MEANS A DAY THAT IS NOT

 2    A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.

 3         (B) "ELECTION" MEANS ANY ELECTION OR primary election, at

 4    which the electors of  the  THIS state or of any
             subdivision

 5     thereof  OF THIS STATE choose or nominate by
             ballot public offi-

 6    cials or decide any public question lawfully submitted to them.

 7     The term "election" is not synonymous with the term "civil

 8     appointment" as such term appears in section 9 of article 4
                       of

 9     the state constitution. 

10                               CHAPTER II.

11    BOARDS OF ELECTION COMMISSIONERS,  AND  BOARDS OF
             CANVASSERS, AND

12                                  CLERKS

13         SEC. 30.  NOT LATER THAN 30 DAYS AFTER THE EFFECTIVE DATE OF

14    THIS SECTION, EACH COUNTY, TOWNSHIP, CITY, OR VILLAGE SHALL PRO-

15    VIDE ITS CLERK WITH A PERMANENT POSTAL MAILING ADDRESS AND AN

16    ELECTRONIC MAILING ADDRESS AND THE CLERK SHALL NOTIFY THE SECRE-

17    TARY OF STATE IN WRITING OF THOSE ADDRESSES.  NOT LATER THAN 3

18    BUSINESS DAYS AFTER A CHANGE IN THE POSTAL MAILING ADDRESS OR

19    ELECTRONIC MAILING ADDRESS OF THE OFFICE OF A COUNTY, TOWNSHIP,

20    CITY, OR VILLAGE CLERK, THE CLERK SHALL NOTIFY THE SECRETARY OF

21    STATE IN WRITING OF THE NEW ADDRESS.

22         Sec. 42.  In the year in which presidential electors are to

23    be elected  as provided in  UNDER section 43,
              of this act,  each

24    political party in this state shall choose at its fall state con-

25    vention  as many  A NUMBER OF CANDIDATES FOR
             electors of presi-

26    dent and vice-president of the United States  as this state
             may

27     be entitled to elect  EQUAL TO THE NUMBER of
                       senators and



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 1    representatives in congress  , and the chairman 
             THAT THIS STATE

 2    IS ENTITLED TO ELECT.  THE CHAIRPERSON and the secretary of the

 3    state central committee of each political party shall, within
              24

 4     hours  1 BUSINESS DAY after the conclusion of the
                       state conven-

 5    tion, forward by registered or certified mail a certificate con-

 6    taining the names of  such electors so chosen  THE
             CANDIDATES FOR

 7    ELECTORS to the secretary of state.  Those  THE
             candidates for

 8    electors of president and vice-president  of this state
             shall be

 9     deemed elected  WHO SHALL BE CONSIDERED ELECTED ARE
                       THOSE whose

10    names have been certified to the secretary of state by that

11    political party receiving the greatest number of votes for 
             said

12     office  THOSE OFFICES at the  ensuing
                        NEXT November election.

13         Sec. 73.  Not more than 24 hours after the conclusion of the

14    fall state convention, the state central committee of each polit-

15    ical party shall  convene and  canvass the
             proceedings of the

16    convention  immediately preceding  and determine
             the nominees of

17     said convention and, not  THE CONVENTION FOR THE
             OFFICES OF

18    LIEUTENANT GOVERNOR, SECRETARY OF STATE, AND ATTORNEY GENERAL.

19    NOT more than  24 hours after such  1 BUSINESS DAY
             AFTER THE CON-

20    CLUSION OF THE convention, the  chairman 
             CHAIRPERSON and secre-

21    tary of  said  THE STATE CENTRAL committee shall
              forthwith  for-

22    ward to the secretary of state and to the board of election com-

23    missioners of each county, in care of the county clerk  ,
              at the

24    county seat, a typewritten or printed list of  names,
             together

25     with  THE NAMES AND residence, including the street
                       address if

26    known, of  such  candidates nominated at 
             such  THE state

27    convention.



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 1         Sec. 74.  Any  A person who has been certified
             by the state

 2    central committee of any party as nominated for the office of

 3    lieutenant governor, secretary of state, or attorney general may

 4    withdraw by filing a written notice of withdrawal with the secre-

 5    tary of state or his  duly  OR HER authorized agent
             and a copy

 6    with the  chairman  CHAIRPERSON and the secretary
             of the state

 7    central committee of  said  THE party not later
             than 4 p.m.,

 8    eastern standard time, of the  third  FOURTH
             BUSINESS day follow-

 9    ing  such  THE CONCLUSION OF THE convention AT
             WHICH THE PERSON

10    WAS NOMINATED.

11         Sec. 283.  Not more than 24 hours after the conclusion of

12    the fall state convention, the state central committee of each

13    political party shall  convene and  canvass the
             proceedings of

14     said  THE convention and determine the nominees of
              said  THE

15    convention for membership on the state board of education, the

16    board of regents of the  University  UNIVERSITY of
             Michigan, the

17    board of trustees of Michigan  State University 
             STATE

18    UNIVERSITY, and the board of governors of Wayne  State

19     University  STATE UNIVERSITY.  The chairman
                       and secretary of

20     said committee shall, within 24 hours  NOT MORE
                       THAN 1 BUSINESS

21    DAY after the conclusion of the state convention, THE CHAIRPERSON

22    AND SECRETARY OF THE STATE CENTRAL COMMITTEE SHALL forward by

23    registered or certified mail to the secretary of state and to the

24    board of election commissioners of each county, in care of the

25    county clerk at the county seat, a copy of the vignette adopted

26    by  said  THE state central committee and 
             the  A typewritten or

27    printed  names, together with  LIST OF THE NAMES
             AND residence,



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 1    including the street address if known, of the candidates

 2    nominated at  said  THE convention for 
             said  THE offices

 3    SPECIFIED IN THIS SECTION.

 4         Sec. 284.  A person who is certified by the state central

 5    committee of a party as nominated for membership on the state

 6    board of education, the board of regents of the university of

 7    Michigan, the board of trustees of Michigan state university, or

 8    the board of governors of Wayne state university may withdraw by

 9    filing a written notice of withdrawal with the secretary of state

10    or his or her duly authorized agent and a copy with the chair-

11    person and the secretary of the state central committee of the

12    party not later than 4 p.m., eastern standard time, of the

13     third  FOURTH BUSINESS day following the
             CONCLUSION OF THE con-

14    vention at which the person was nominated.

15         Sec. 393.  Not more than 24 hours after the conclusion of

16    the fall state convention, the state central committee of each

17    political party shall convene and canvass the proceedings of

18     said  THE convention and determine the nominee or
             nominees of

19     said  THE convention for the office or offices of
              justices 

20    JUSTICE of the supreme court.  The chairman and secretary of

21     said committee shall, within 24 hours  NOT MORE
                       THAN 1 BUSINESS

22    DAY after the conclusion of the state convention, THE CHAIRPERSON

23    AND SECRETARY OF THE STATE CENTRAL COMMITTEE SHALL forward by

24    registered or certified mail to the secretary of state and to the

25    board of election commissioners of each county, in care of the

26    county clerk at the county seat,  the  A
             typewritten or printed

27     names, together with  LIST OF THE NAMES AND
             residence, including



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 1    the street address if known, of the candidate or candidates

 2    nominated at  said  THE convention for 
             said  THE office or

 3    offices OF JUSTICE OF THE SUPREME COURT.  The names of the per-

 4    sons so certified shall be printed upon a nonpartisan judicial

 5    ballot containing no party designation together with the names of

 6    any incumbent justices filing an affidavit pursuant to section

 7    392a.  of this act. 

 8         Sec. 394.  Any person who has been certified by the state

 9    central committee of any party as nominated for the office of

10    justice of the supreme court or who filed an affidavit according

11    to section 392a may withdraw by filing a written notice of with-

12    drawal with the secretary of state or his OR HER duly authorized

13    agent and a copy with the  chairman  CHAIRPERSON
             and secretary of

14    the state central committee of  said  THE party not
             later than 4

15    p.m., eastern standard time, of the  third  FOURTH
             BUSINESS day

16    following THE CONCLUSION OF the convention.

17         Sec. 544b.  (1) Except as provided in subsection (2), 
             no  A

18    person shall  be  NOT QUALIFY AS a candidate for
             any judicial

19    office of this state  without filing  UNLESS THE
             PERSON FILES an

20    affidavit with his OR HER nominating petitions on a form pre-

21    scribed by the secretary of state stating that he OR SHE pos-

22    sesses the constitutional qualifications set forth in section 19

23    of article  6  VI of the state constitution.

24         (2) In cases where candidates for judicial office are nomi-

25    nated at political party conventions, the  chairman
              CHAIRPERSON

26    and secretary of the party shall file the affidavit with the





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 1    secretary of state  within 48 hours after the close
              NOT MORE

 2    THAN 3 BUSINESS DAYS AFTER THE CONCLUSION of the convention.

 3         Sec. 662.  (1) The legislative body in each city, village,

 4    and township shall designate and prescribe the place or places of

 5    holding an election in the city, village, or township, and shall

 6    provide a suitable polling place in or for each precinct located

 7    in the city, village, or township for use at each election.

 8    Except as otherwise provided in this section, school buildings,

 9    fire stations, police stations, and other publicly owned or con-

10    trolled buildings shall be used as polling places.  If IT IS NOT

11    POSSIBLE OR CONVENIENT TO USE a publicly owned or controlled

12    building  is not possible and convenient for use 
             as a polling

13    place, the legislative body of the city, township, or village may

14    use as a polling place a building owned or controlled by an

15    organization that is exempt from federal income tax pursuant to

16    section 501(c) other than 501(c)(4), (5), or (6) of the internal

17    revenue code of 1986,  26 U.S.C. 501,  or any
             successor statute.

18    The legislative body of a city, township, or village shall not

19    designate as a polling place a building that is owned by a person

20    who is a sponsor of a political committee or independent

21    committee.  A city, township, or village shall not use as a poll-

22    ing place a building that does not meet the requirements of this

23    section.  As used in this subsection, "sponsor of a political

24    committee or independent committee" means a person who is

25    described as being a sponsor under section 24(3) of the Michigan

26    campaign finance act,  Act No. 388 of the Public Acts of
             1976,

27     being section 169.224 of the Michigan Compiled Laws
                        1976 PA 388,



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 1    MCL 169.224, and includes a subsidiary of a corporation or a

 2    local of a labor organization, which corporation or labor organi-

 3    zation is considered a sponsor under section 24(3) of  Act

 4     No. 388 of the Public Acts of 1976  THE MICHIGAN
                       CAMPAIGN FINANCE

 5    ACT, 1976 PA 388, MCL 169.224.

 6         (2) The legislative body in each city, village, and township

 7    shall make arrangements for the rental or erection of suitable

 8    buildings for use as polling places if publicly owned or con-

 9    trolled buildings are not available, and shall cause the polling

10    places to be equipped with the necessary facilities for lighting

11    and with adequate facilities for heat and ventilation.  The leg-

12    islative body may establish a central polling place or places for

13    6 precincts or less  to each central polling place 
             if IT IS pos-

14    sible and convenient for the electors to vote at the central

15    polling place.  The legislative body may abolish other polling

16    places not required as a result of the establishment of a central

17    polling place.

18         (3) The legislative body of a city, village, or township may

19    establish a polling place at a for profit or nonprofit residence

20    or facility in which 150 persons or more aged 62 or older reside

21    or at an apartment building or complex in which 150 persons or

22    more reside.  A township board may provide polling places located

23    within the limits of a city that has been incorporated from ter-

24    ritory formerly a part of the township, and the electors of the

25    township may cast their ballots at those polling places.

26         (4) THE LEGISLATIVE BODY OF A CITY, VILLAGE, OR TOWNSHIP

27    SHALL NOT ESTABLISH, MOVE, OR ABOLISH A POLLING PLACE LESS THAN



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 1    60 DAYS BEFORE AN ELECTION UNLESS NECESSARY BECAUSE A POLLING

 2    PLACE HAS BEEN DAMAGED, DESTROYED, OR RENDERED INACCESSIBLE OR

 3    UNUSABLE AS A POLLING PLACE.

 4         (5)  (4)  The legislative body of a city,
             village, or town-

 5    ship shall ensure that a polling place established under this

 6    section complies with the voting accessibility for the elderly

 7    and handicapped act, Public Law 98-435, 42 U.S.C. 1973ee to

 8    1973ee-6.

 9         Sec. 686.  Within 24 hours after the conclusion of the state

10    convention prior to any general election, the state central com-

11    mittee of each political party shall  convene and 
             canvass the

12    proceedings of the convention and determine the nominees of the

13    convention.  , and within 24 hours after the conclusion of
              NOT

14    MORE THAN 1 BUSINESS DAY AFTER the state convention, the

15     chairman  CHAIRPERSON and secretary of the STATE
             CENTRAL commit-

16    tee shall forward to the board of election commissioners of each

17    county, in care of the county clerk at the county seat, and to

18    the secretary of state,  the  A typewritten or
             printed  names,

19     together with  LIST OF THE NAMES AND residence,
                       including the

20    street address if known, of all candidates nominated at  any
             reg-

21     ularly called  THE state convention.  at
                       which candidates for any

22     of the offices to be filled at such election shall be
                       nominated. 

23    In each presidential ELECTION year, the state central committee

24    of each political party shall, at the same time, forward to the

25    board of election commissioners of each county and to the secre-

26    tary of state the typewritten or printed names of the candidates

27    of such party at the forthcoming election for the offices of



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 1    president of the United States and vice-president of the United

 2    States certified to by the chairman and secretary of the

 3    committees.  It shall not be necessary for any party
             committee 

 4    A PARTY IS NOT REQUIRED to certify nominations made at an offi-

 5    cial primary election.

 6         Sec. 686a.  (1)  The nomination of candidates for
             political

 7     parties  IF A POLITICAL PARTY entitled to a
                       position on the

 8    ballot  which  failed to have at least 1 candidate
             who polled at

 9    least 5% of the total vote cast for all candidates for secretary

10    of state at the last preceding election at which a secretary of

11    state was elected,  shall be made  CANDIDATES FOR
             THAT POLITICAL

12    PARTY SHALL BE NOMINATED as provided in section 532.  County cau-

13    cuses and state conventions FOR SUCH POLITICAL PARTIES shall be

14    held not later than the August primary.

15         (2) County caucuses may nominate candidates for the office

16    of representative in congress, state senator, and state represen-

17    tative if the offices represent districts contained wholly within

18    the county, and for all county and township offices.  The

19     names,  NOT MORE THAN 1 BUSINESS DAY AFTER THE
                       CONCLUSION OF THE

20    CAUCUS, THE NAMES AND mailing addresses  , and office to
             which

21     nominated  of all candidates so nominated AND THE
                       OFFICES FOR

22    WHICH THEY WERE NOMINATED shall be certified by the 
             chairman 

23    CHAIRPERSON and secretary of the caucus to the county clerk.

24     within 24 hours after the conclusion of the caucus.

25     Accompanying the  THE certification shall be
                       ACCOMPANIED BY an

26    affidavit of identity for each candidate named in the certificate

27    as provided in section 558 and a separate written  notice
             



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 1    CERTIFICATE of acceptance of nomination signed by each candidate

 2    named on the certificate.  The form of the certificate of accep-

 3    tance shall be prescribed by the secretary of state.  The
             names

 4     of candidates so certified  IF A CANDIDATE IS SO
                       CERTIFIED WITH

 5    THE ACCOMPANYING AFFIDAVIT OF IDENTITY AND CERTIFICATE OF ACCEP-

 6    TANCE, THE NAME OF THE CANDIDATE shall be printed on the ballot

 7    for that election.  The name of a candidate shall not be
             printed

 8     on the ballot unless the notice of acceptance and the
                       affidavit

 9     of identity accompanies the certificate. 
                       Candidates nominated

10    and certified shall not be permitted to withdraw.

11         (3) The county caucus may also select the number of dele-

12    gates to the state convention to which the county is entitled and

13    shall select its own officers and name its own county committee.

14         (4) The state convention shall be held at the time and place

15    indicated in the call.  The convention shall consist of delegates

16    selected by the county caucuses.  The convention may fill vacan-

17    cies in a delegation from qualified electors of that county

18    present at the convention.  The convention may nominate candi-

19    dates for all state offices.  District candidates may be nomi-

20    nated at district caucuses held in conjunction with the state

21    convention attended by qualified delegates of the district.  If

22    delegates of a district are not present, a district caucus shall

23    not be held for that district and candidates shall not be nomi-

24    nated for that district.  The names, mailing addresses, and

25     offices to which nominated  NOT MORE THAN 1
                       BUSINESS DAY AFTER

26    THE CONCLUSION OF THE CONVENTION, THE NAMES AND MAILING ADDRESSES

27    of the candidates nominated for state or district offices  ,



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 1    within 24 hours after the conclusion of the convention,
              shall be

 2    certified by the  chairman  CHAIRPERSON and
             secretary of the

 3    state convention to the secretary of state.  Accompanying
             the 

 4    THE certification shall be ACCOMPANIED BY an affidavit of iden-

 5    tity for each candidate named in the certificate as provided in

 6    section 558 and a separate written  notice 
             CERTIFICATE of accep-

 7    tance of nomination signed by each candidate named on the

 8    certificate.  The form of the certificate of acceptance shall be

 9    prescribed by the secretary of state.  The names of candidates SO

10    certified WITH ACCOMPANYING AFFIDAVIT OF IDENTITY AND CERTIFICATE

11    OF ACCEPTANCE shall be printed on the ballot for the forthcoming

12    election.  The name of a candidate shall not be printed on
             the

13     ballot unless the notice of acceptance and the affidavit of
                       iden-

14     tity accompanies the certificate.  Candidates so
                       nominated and

15    certified shall not be permitted to withdraw.

16         Sec. 759a.  (1) Except as provided in subsection (5), each

17    of the following persons who is a qualified elector of a city or

18    township in this state and who is not a registered voter may

19    apply for an absent voter ballot pursuant to section 504:

20         (a) A civilian employee of the armed services outside of the

21    United States.

22         (b) A member of the armed services outside of the United

23    States.

24         (c) A citizen of the United States temporarily residing out-

25    side the territorial limits of the United States.

26         (d) A citizen of the United States residing in the District

27    of Columbia.



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 1         (e) A spouse or dependent of a person described in

 2    subdivisions (a) through (d) who is a citizen of the United

 3    States and who is accompanying that person, notwithstanding that

 4    the spouse or dependent is not a qualified elector of a city or

 5    township of this state, as long as that spouse or dependent is

 6    not a qualified and registered elector anywhere else in the

 7    United States.

 8         (2) A citizen described in subsection (1)  who is
             temporar-

 9     ily residing outside the territorial limits of the United
                       States

10     or residing in the District of Columbia  OTHER THAN
                       A PERSON

11    DESCRIBED IN SUBSECTION (1)(B) OR A SPOUSE OR DEPENDENT OF SUCH A

12    PERSON DESCRIBED IN SUBSECTION (1)(B) shall include, with an

13    application for an absent voter ballot or registration, an affi-

14    davit in a form and manner approved by the state director of

15    elections stating either of the following:

16         (a) His or her qualifications as an elector at the time he

17    or she departed from the United States or began residing in the

18    District of Columbia and affirming that he or she has not relin-

19    quished his or her citizenship or established residence for

20    voting in any other place.

21         (b) That he or she is a spouse or dependent of a person

22    described in subsection (1)(a),  to  (C), OR (d),
             that he or she

23    meets the qualifications as an elector other than residency in

24    this state, and that he or she has not established a residence

25    for voting in any other place.

26         (3) Upon receipt of an application under this section that

27    complies with this act, a city or township clerk shall forward to



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 1    the applicant the absent voter ballots requested, the forms

 2    necessary for registration, and instructions for completing the

 3    forms.  If the ballots are not yet available at the time of

 4    receipt of the application, the clerk shall immediately forward

 5    to the applicant the registration forms and instructions, and

 6    forward the ballots as soon as they are available.  If the bal-

 7    lots and registration forms are received before the close of the

 8    polls on election day and if the registration complies with the

 9    requirements of this act, the absent voter ballots shall be

10    delivered to the proper election board to be voted.  If the reg-

11    istration does not comply with the requirements of this act, the

12    clerk shall retain the absent voter ballots until the expiration

13    of the time that the voted ballots must be kept and shall then

14    destroy the ballots without opening the envelope.  The clerk may

15    retain registration forms completed under this section in a sepa-

16    rate file.  The address in this state shown on a registration

17    form is the residence of the registrant.

18         (4) The size of a precinct shall not be determined by regis-

19    tration forms completed under this section.

20         (5) A person described in subsection (1)(a) and (b) and a

21    spouse or dependent of that person who is accompanying that

22    person is registered to vote in a special primary or special gen-

23    eral election if he or she was registered to vote under this sec-

24    tion in the primary or general election immediately preceding the

25    special primary or special general election.  The city or town-

26    ship clerk who received that person's completed registration

27    forms in the primary or general election shall forward to that



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 1    person at his or her last known address an absent voter ballot

 2    for the special primary or special general election immediately

 3    upon the clerk's receipt of the absent voter ballots for the spe-

 4    cial primary or special general election.

 5         (6) Pursuant to the uniformed and overseas citizens absentee

 6    voting act, Public Law 99-410, 100 Stat. 924, the state director

 7    of elections shall approve a ballot form and registration proce-

 8    dures for electors in the armed services and electors outside the

 9    United States, including the spouses and dependents accompanying

10    those electors.

11         (7) As used in this section, "armed services" means any of

12    the following:

13         (a) The United States army, navy, air force, marine corps,

14    or coast guard.

15         (b) The United States merchant marines.

16         (c) A reserve component of an armed service listed in

17    subdivision (a) or (b).

18         (d) The Michigan national guard as defined in section 105 of

19    the Michigan military act,  Act No. 150 of the Public Acts
             of

20     1967, being section 32.505 of the Michigan Compiled Laws
                        1967 PA

21    150, MCL 32.505.

22         Sec. 879.  (1) A candidate voted for at a primary or elec-

23    tion for an office may petition for a recount of the votes

24     pursuant to  IF ALL OF the following requirements
             ARE MET:

25         (a) The office  shall be  IS an office for
             which the votes

26    are canvassed by the board of state canvassers UNDER SECTION 841

27    OR IS THE OFFICE OF REPRESENTATIVE IN CONGRESS, STATE



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 1    REPRESENTATIVE, OR STATE SENATOR FOR A DISTRICT LOCATED WHOLLY

 2    WITHIN 1 COUNTY.

 3          (b) The office shall be the office of representative
             in

 4     Congress, state representative, or state senator. 

 5         (B)  (c)  The petition  shall allege
              ALLEGES that the can-

 6    didate is aggrieved on account of fraud or mistake in the canvass

 7    of the votes by the inspectors of election or the returns made by

 8    the inspectors, or by a board of county canvassers or the board

 9    of state canvassers.  The petition shall contain specific allega-

10    tions of wrongdoing only if evidence of that wrongdoing is avail-

11    able to the petitioner.  If evidence of wrongdoing is not avail-

12    able, the petitioner is only required to allege fraud or a mis-

13    take in the petition without further specification.

14         (C)  (d)  Except as otherwise provided in this
             subdivision,

15    the petition for a recount  shall be  IS filed not
             later than 48

16    hours following the completion of the canvass of votes cast at an

17    election.  If the recount petition relates to a state senatorial

18    or representative district located  solely  WHOLLY
             within 1

19    county OR TO THE DISTRICT OF A REPRESENTATIVE IN CONGRESS LOCATED

20    WHOLLY WITHIN 1 COUNTY, the petition for a recount shall be filed

21    not later than 48 hours following the adjournment of the meeting

22    of the board of state canvassers at which the certificate of

23    determination for that office was recorded pursuant to section

24    841.  HOWEVER, FOR A SPECIAL ELECTION FOR REPRESENTATIVE IN

25    CONGRESS, STATE SENATOR, OR STATE REPRESENTATIVE FOR A DISTRICT

26    LOCATED WHOLLY WITHIN 1 COUNTY, THE PETITION FOR RECOUNT SHALL BE

27    FILED NOT LATER THAN 48 HOURS AFTER THE CERTIFICATE OF



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 1    DETERMINATION IS FILED WITH THE SECRETARY OF THE BOARD OF STATE

 2    CANVASSERS.

 3         (D)  (e)  The petition  shall be
              IS presented to and filed

 4    with the secretary of state.

 5         (E)  (f)  The petition  shall be
              IS written or printed and

 6     shall be  IS signed and sworn to by the candidate.

 7         (F)  (g)  The petition  shall set
              SETS forth as nearly as

 8    possible the nature and character of the fraud or mistakes

 9    alleged and the counties, cities, or townships and the precincts

10    in which they exist.

11         (G)  (h)  The petition  shall specify
              SPECIFIES the coun-

12    ties, cities, townships, and precincts in which the recount is

13    requested.

14         (H)  (i)  If the office is the office of state
             representa-

15    tive, a copy of the petition  shall be  IS filed
             with the clerk

16    of the house of representatives.  If the office is the office of

17    state senator, a copy of the petition shall be filed with the

18    secretary of the senate.

19         (2) If a state senatorial race is determined by a vote dif-

20    ferential of 500 votes or less or a state representative race is

21    determined by a vote differential of 200 votes or less, the

22    chairperson of a state political party may petition for a recount

23    of the votes on behalf of a candidate in that race in the manner

24    prescribed in subsection (1).  Notwithstanding subsection (1)(b)

25    and (f), the petition filed under this subsection need not allege

26    fraud or mistake.  Notwithstanding subsection (1)(e), the





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 1    petition shall be signed by the chairperson of the state

 2    political party filing the petition under this subsection.

 3         (3) The ballots in a precinct petitioned for recount in a

 4    legislative contest shall be recounted for that office by the

 5    board of state canvassers and shall be preserved until the con-

 6    test is disposed of under the rules of the legislative body that

 7    takes office beginning in January following the contested general

 8    election.  In legislative recounts of a special general election,

 9    ballots in a precinct petitioned for recount shall be preserved

10    until the contest is disposed of under the rules of the legisla-

11    tive body serving at the time the report in subsection (4) is

12    filed.

13         (4) Upon the completion of a recount for a legislative

14    office, the board of state canvassers, in addition to the certi-

15    fication required by section 892, shall forward to the appropri-

16    ate legislative body a report of the results of the recount.

17         (5) This section does not limit the authority of the legis-

18    lature under section 16 of article IV of the state constitution

19    of 1963.

20         Enacting section 1.  Section 530 of the Michigan election

21    law, 1954 PA 116, MCL 168.530, is repealed.















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