HOUSE BILL No. 5180 December 8, 1999, Introduced by Reps. Switalski, Julian and Woodward and referred to the Committee on Constitutional Law and Ethics. A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 51, 71, 91, 131, 161, 191, 281, 327, 342, 383, 391, 409, 411, 431, and 467 (MCL 168.51, 168.71, 168.91, 168.131, 168.161, 168.191, 168.281, 168.327, 168.342, 168.383, 168.391, 168.409, 168.411, 168.431, and 168.467), as amended by 1982 PA 505. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 51. A personshallIS notbeeligible tothe2office ofBE governor or lieutenant governor unless the person 3has attained the age ofIS 30 years OF AGE OR OLDER and has 4 been a registered and qualified elector in this state for 4 years 5nextIMMEDIATELY preceding his or her election, as provided in 6 section 22 of article5V of the state constitution of 1963. A 7 person who has been convicted of a violation of section 12a(1) of 04146'99 CAS 2 1Act No. 370 of the Public Acts of 1941, being section 38.412a2of the Michigan Compiled Laws, shall1941 PA 370, MCL 38.412A, 3 IS notbeeligible tothe office ofBE governor or lieutenant 4 governor fora period of20 years after the conviction. A 5 PERSON WHO HAS BEEN CONVICTED OF A FELONY UNDER THE LAWS OF THIS 6 STATE OR ANOTHER STATE IS NOT ELIGIBLE TO BE GOVERNOR OR LIEUTEN- 7 ANT GOVERNOR FOR 20 YEARS AFTER THE CONVICTION. 8 Sec. 71. A personshallIS notbeeligible tothe9offices ofBE secretary of state or attorney general if the 10 person is not a qualified elector of this state. A person who 11 has been convicted of a violation of section 12a(1) ofAct12No. 370 of the Public Acts of 1941, being section 38.412a of the13Michigan Compiled Laws, shall1941 PA 370, MCL 38.412A, IS not 14beeligible tothe offices ofBE secretary of state or attor- 15 ney general fora period of20 years after THE conviction. A 16 PERSON WHO HAS BEEN CONVICTED OF A FELONY UNDER THE LAWS OF THIS 17 STATE OR ANOTHER STATE IS NOT ELIGIBLE TO BE SECRETARY OF STATE 18 OR ATTORNEY GENERAL FOR 20 YEARS AFTER THE CONVICTION. 19 Sec. 91. A personshallIS not ELIGIBLE TO be a United 20 States senator unless the personhas attained the age ofIS 30 21 yearsandOF AGE OR OLDER, has been a citizen of the United 22 States for NOT LESS THAN 9 years, and is, when elected,an23inhabitantA RESIDENT ofthatTHIS state,for which he or she24shall be chosenas provided in section 3 of article1I of the 25 United States constitution. A person who has been convicted of a 26 violation of section 12a(1) ofAct No. 370 of the Public Acts of271941, being section 38.412a of the Michigan Compiled Laws, shall04146'99 3 1 1941 PA 370, MCL 38.412A, IS notbeeligible tothe office of2 BE A United States senator fora period of20 years after THE 3 conviction. A PERSON WHO HAS BEEN CONVICTED OF A FELONY UNDER 4 THE LAWS OF THIS STATE OR ANOTHER STATE IS NOT ELIGIBLE TO BE A 5 UNITED STATES SENATOR FOR 20 YEARS AFTER THE CONVICTION. 6 Sec. 131. A personshallIS not ELIGIBLE TO be a UNITED 7 STATES representative unless the personhas attained the age of8 IS 25 yearsandOF AGE OR OLDER, HAS been a citizen of the 9 United States for NOT LESS THAN 7 years, and is, when elected, 10an inhabitantA RESIDENT ofthatTHIS state,in which he or11she shall be chosen,as provided in section 2 of article1I 12 of the United States constitution. A person who has been con- 13 victed of a violation of section 12a(1) ofAct No. 370 of the14Public Acts of 1941, being section 38.412a of the Michigan15Compiled Laws, shall1941 PA 370, MCL 38.412A, IS notbeeli- 16 gible tothe office ofBE A UNITED STATES representativein17congressfora period of20 years after THE conviction. A 18 PERSON WHO HAS BEEN CONVICTED OF A FELONY UNDER THE LAWS OF THIS 19 STATE OR ANOTHER STATE IS NOT ELIGIBLE TO BE A UNITED STATES REP- 20 RESENTATIVE FOR 20 YEARS AFTER THE CONVICTION. 21 Sec. 161. A personshallIS notbeeligible tothe22office ofBE A state senator or representative unless the person 23 is a citizen of the United States and a qualified elector of the 24 district he or she represents, as provided in section 7 of arti- 25 cle4IV of the state constitution of 1963. A person who has 26 been convicted of a violation of section 12a(1) ofAct No. 37027of the Public Acts of 1941, being section 38.412a of the Michigan04146'99 4 1Compiled Laws, shall1941 PA 370, MCL 38.412A, IS notbe2 eligible tothe office ofBE A state senator or representative 3 fora period of20 years after THE conviction. A PERSON WHO 4 HAS BEEN CONVICTED OF A FELONY UNDER THE LAWS OF THIS STATE OR 5 ANOTHER STATE IS NOT ELIGIBLE TO BE A STATE SENATOR OR REPRESEN- 6 TATIVE FOR 20 YEARS AFTER THE CONVICTION. 7 Sec. 191. A personshallIS notbeeligible tothe8office ofBE A county clerk, county treasurer, register of 9 deeds, prosecuting attorney, sheriff, drain commissioner, survey- 10 or, or coroner if the person is not a qualified elector of the 11 county in which THE election issoughtHELD. A person who has 12 been convicted of a violation of section 12a(1) ofAct No. 37013of the Public Acts of 1941, being section 38.412a of the Michigan14Compiled Laws, shall1941 PA 370, MCL 38.412A, IS notbeeli- 15 gible toany of the offices enumerated in this sectionHOLD AN 16 OFFICE LISTED ABOVE fora period of20 years after THE 17 conviction. A PERSON WHO HAS BEEN CONVICTED OF A FELONY UNDER 18 THE LAWS OF THIS STATE OR ANOTHER STATE IS NOT ELIGIBLE TO HOLD 19 AN OFFICE LISTED ABOVE FOR 20 YEARS AFTER THE CONVICTION. 20 Sec. 281. A personshallIS notbeeligible to member- 21 ship on the state board of education, the board of regents of the 22 university of Michigan, the board of trustees of Michigan state 23 university, or the board of governors of Wayne state university 24 if the person is not a registered and qualified elector of this 25 state. A person who has been convicted of a violation of section 26 12a(1) ofAct No. 370 of the Public Acts of 1941, being section2738.412a of the Michigan Compiled Laws, shall1941 PA 370, MCL 04146'99 5 1 38.412A, IS notbeeligible to membership on any of the boards 2enumerated in this sectionLISTED ABOVE fora period of20 3 years after THE conviction. A PERSON WHO HAS BEEN CONVICTED OF A 4 FELONY UNDER THE LAWS OF THIS STATE OR ANOTHER STATE IS NOT ELI- 5 GIBLE FOR MEMBERSHIP ON ANY OF THE BOARDS LISTED ABOVE FOR 20 6 YEARS AFTER THE CONVICTION. 7 Sec. 327. (1) The governor shall removeallA city 8officersOFFICER chosen by the electors of a city, oranyA 9 ward or voting district of a city, whenIF the governoris10satisfied fromFINDS, BASED ON sufficient evidence submitted to 11 the governor, that the officerhas beenIS guilty of official 12 misconduct,wilfulWILLFUL neglect of duty, extortion, or 13habitual drunkenness, orhas been convictedof being drunk, or14whenever it appears byUNDER ANY OF THE FOLLOWING: 15 (A) SECTION 625(1), (3), OR (8) OF THE MICHIGAN VEHICLE 16 CODE, 1949 PA 300, MCL 257.625. 17 (B) SECTION 185(1), (2), OR (3) OF THE AERONAUTICS CODE OF 18 THE STATE OF MICHIGAN, 1945 PA 327, MCL 259.185. 19 (C) SECTION 80176(1) OR (3), SECTION 81134(1) OR (2), SEC- 20 TION 81135, OR SECTION 82127(1) OR (3) OF THE NATURAL RESOURCES 21 AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.80176, 22 324.81134, 324.81135, AND 324.82127. 23 (D) SECTION 353(1) OR (2) OR SECTION 355 OF THE RAILROAD 24 CODE OF 1993, 1993 PA 354, MCL 462.353 AND 462.355. 25 (E) SECTION 167(1)(E) OF THE MICHIGAN PENAL CODE, 1931 PA 26 328, MCL 750.167. 04146'99 6 1 (F) A SIMILAR OFFENSE UNDER ANOTHER LAW OF THIS STATE, THE 2 LAW OF ANOTHER STATE, OR A LOCAL ORDINANCE SUBSTANTIALLY 3 CORRESPONDING TO STATE LAW. 4 THE GOVERNOR SHALL REMOVE A CITY OFFICER DESCRIBED IN THIS SEC- 5 TION IF a certified copy of the judgment of a court of record of 6 this state SHOWS that a city officer, after the officer's elec- 7 tion or appointment,has beenIS convicted of a felony. 8 (2) The governor shall not take action uponany chargesA 9 CHARGE made to the governor against a city officer until the 10charges have been exhibitedCHARGE IS SUBMITTED to the governor 11 in writing,verified by the affidavitWITH THE SWORN STATEMENT 12 of the party makingthem, thatTHE CHARGE STATING he or she 13 believes thechargesCHARGE to be true.But aA city officer 14 shall not be removed for misconduct or neglect untilcharges15 THE CHARGE of misconduct or neglecthave been exhibitedIS 16 SUBMITTED to the governor as provided in this section,anda 17 copy of thechargesCHARGE IS served on the officer, and THE 18 OFFICER IS GIVEN an opportunitygiven the officer of beingTO 19 BE heard in his or her defense. The serviceof the charges upon20the officer complained againstREQUIRED IN THIS SECTION shall be 21 made by personal service to the officerofAND SHALL INCLUDE a 22 copy of thecharges, together with all affidavits or exhibits23which may beCHARGE AND EACH SWORN STATEMENT AND EXHIBIT 24 attached to the original petition, if the officer can be found. 25; and if not,IF THE OFFICER CANNOT BE FOUND, SERVICE MAY BE 26 MADE by leaving a copy at the last known place of residence of 27 the officer,with a person of suitable age, if a person of 04146'99 7 1 suitable age can be found,;and if not, by posting the copy of 2 thechargesCHARGE in a conspicuous place at the officer's last 3 known place of residence. 4 (3) An officer who has been removed from officepursuant5toUNDER this sectionshallIS notbeeligible for election 6 or appointment to any office fora period of3 yearsfrom7 AFTER the date of the removal. 8 (4) A person who has been convicted of a violation of sec- 9 tion 12a(1) ofAct No. 370 of the Public Acts of 1941, being10section 38.412a of the Michigan Compiled Laws, shall1941 PA 11 370, MCL 38.412A, IS notbeeligible for election or appoint- 12 ment to an elective or appointive city office fora period of13 20 years after THE conviction. 14 (5) A PERSON WHO HAS BEEN CONVICTED OF A FELONY UNDER THE 15 LAWS OF THIS STATE OR ANOTHER STATE IS NOT ELIGIBLE FOR ELECTION 16 OR APPOINTMENT TO AN ELECTED OR APPOINTED CITY OFFICE FOR 20 17 YEARS AFTER THE CONVICTION. 18 Sec. 342. A personshallIS notbeeligible to HOLD a 19 township office unless the person is a qualified elector of the 20 township in which THE election issoughtHELD. A person 21shallIS notbeeligible for membership on the board of 22 review unless, in addition to the qualifications for eligibility 23 to a township office, the person is a landowner and taxpayer in 24 the township. A person who has been convicted of a violation of 25 section 12a(1) ofAct No. 370 of the Public Acts of 1941, being26section 38.412a of the Michigan Compiled Laws, shall1941 PA 27 370, MCL 38.412A, IS notbeeligible for election or 04146'99 8 1 appointment to an elective or appointive township office fora2period of20 years after THE conviction. A PERSON WHO HAS BEEN 3 CONVICTED OF A FELONY UNDER THE LAWS OF THIS STATE OR ANOTHER 4 STATE IS NOT ELIGIBLE FOR ELECTION OR APPOINTMENT TO AN ELECTED 5 OR APPOINTED TOWNSHIP OFFICE FOR 20 YEARS AFTER THE CONVICTION. 6 Sec. 383. (1) The governor shall removeallA village 7officersOFFICER chosen by the electors of a villagewhenIF 8 the governoris satisfied fromFINDS, BASED ON sufficient evi- 9 dence submitted to the governor, that the officerhas beenIS 10 guilty of official misconduct,wilfulWILLFUL neglect of duty, 11 OR extortion,or habitual drunkenness,or has been convicted 12of being drunk, or whenever it appears byUNDER ANY OF THE 13 FOLLOWING: 14 (A) SECTION 625(1), (3), OR (8) OF THE MICHIGAN VEHICLE 15 CODE, 1949 PA 300, MCL 257.625. 16 (B) SECTION 185(1), (2), OR (3) OF THE AERONAUTICS CODE OF 17 THE STATE OF MICHIGAN, 1945 PA 327, MCL 259.185. 18 (C) SECTION 80176(1) OR (3), SECTION 81134(1) OR (2), SEC- 19 TION 81135, OR SECTION 82127(1) OR (3) OF THE NATURAL RESOURCES 20 AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.80176, 21 324.81134, 324.81135, AND 324.82127. 22 (D) SECTION 353(1) OR (2) OR SECTION 355 OF THE RAILROAD 23 CODE OF 1993, 1993 PA 354, MCL 462.353 AND 462.355. 24 (E) SECTION 167(1)(E) OF THE MICHIGAN PENAL CODE, 1931 PA 25 328, MCL 750.167. 04146'99 9 1 (F) A SIMILAR OFFENSE UNDER ANOTHER LAW OF THIS STATE, THE 2 LAW OF ANOTHER STATE, OR A LOCAL ORDINANCE SUBSTANTIALLY 3 CORRESPONDING TO STATE LAW. 4 (2) THE GOVERNOR SHALL REMOVE AN OFFICER DESCRIBED IN SUB- 5 SECTION (1) IF a certified copy of the judgment of a court of 6 record of this state SHOWS that a village officer, after the 7 officer's election or appointment, has been convicted of a 8 felony. 9 (3) The governor shall not take action uponany chargesA 10 CHARGE made to the governor against a village officer until the 11charges have been exhibitedCHARGE IS SUBMITTED to the governor 12 in writing,verified by the affidavitWITH THE SWORN STATEMENT 13 of the party makingthem,THE CHARGE, STATING that the party 14 believes thechargesCHARGE to be true. A village officer 15 shall not be removed for misconduct or neglect untilcharges16 THE CHARGE of misconduct or neglecthave been exhibitedIS 17 SUBMITTED to the governor as provided in this section,anda 18 copy of thechargesCHARGE IS served on the officer, and THE 19 OFFICER IS GIVEN an opportunitygiven the officer of beingTO 20 BE heard in his or her defense. The serviceof the charges upon21the person or persons complained againstREQUIRED IN THIS 22 SECTION shall be made by personal service to the officerofAND 23 SHALL INCLUDE a copy of thecharges, together with all affida-24vits or exhibits which may beCHARGE AND EACH SWORN STATEMENT 25 AND EXHIBIT attached to the original petition, if the officer can 26 be found.; and if not,IF THE OFFICER CANNOT BE FOUND, SERVICE 27 MAY BE MADE by leaving a copy of thechargesCHARGE at the last 04146'99 10 1 known place of residence of the officer, with a person of 2 suitable age, if a person of suitable age can be found,;and 3 if not, by posting the copy of thechargesCHARGE in a conspic- 4 uous place at the officer's last known place of residence. 5 (4) An officer who has been removed from officepursuant6toUNDER this sectionshallIS notbeeligible for election 7 or appointment to any office fora period of3 yearsfrom8 AFTER the date of the removal from office. 9 (5) A person who has been convicted of a violation of sec- 10 tion 12a(1) ofAct No. 370 of the Public Acts of 1941, being11section 38.412a of the Michigan Compiled Laws, shall1941 PA 12 370, MCL 38.412A, IS notbeeligible for election or appoint- 13 ment to an elective or appointive village office fora period14of20 years after THE conviction. 15 (6) A PERSON WHO HAS BEEN CONVICTED OF A FELONY UNDER THE 16 LAWS OF THIS STATE OR ANOTHER STATE IS NOT ELIGIBLE TO BE A VIL- 17 LAGE OFFICER FOR 20 YEARS AFTER THE CONVICTION. 18 Sec. 391. (1) A personshallIS notbeeligible tothe19office ofBE A justice of the supreme court unless the person is 20 a qualified elector of this state, is licensed to practice law in 21 this state, and, at the time of election or appointment, is less 22 than 70 years of age. 23 (2) A person who has been convicted of a violation of sec- 24 tion 12a(1) ofAct No. 370 of the Public Acts of 1941, being25section 38.412a of the Michigan Compiled Laws, shall1941 PA 26 370, MCL 38.412A, IS notbeeligible for election or 04146'99 11 1 appointment tothe office ofBE A justice of the supreme court 2 fora period of20 years after THE conviction. 3 (3) A PERSON WHO HAS BEEN CONVICTED OF A FELONY UNDER THE 4 LAWS OF THIS STATE OR ANOTHER STATE IS NOT ELIGIBLE TO BE A JUS- 5 TICE OF THE SUPREME COURT FOR 20 YEARS AFTER THE CONVICTION. 6 Sec. 409. (1) A personshallIS notbeeligiblefor7the office ofTO BE A judge of the court of appeals unless the 8 person is a qualified elector of the appellate court district in 9 which THE election issoughtHELD, is licensed to practice law 10 in this state, and, at the time of election or appointment, is 11 less than 70 years of age. 12 (2) A person who has been convicted of a violation of sec- 13 tion 12a(1) ofAct No. 370 of the Public Acts of 1941, being14section 38.412a of the Michigan Compiled Laws, shall1941 PA 15 370, MCL 38.412A, IS notbeeligible for election or appoint- 16 ment tothe office ofBE A judge of the court of appeals fora17period of20 years after THE conviction. 18 (3) A PERSON WHO HAS BEEN CONVICTED OF A FELONY UNDER THE 19 LAWS OF THIS STATE OR ANOTHER STATE IS NOT ELIGIBLE TO BE A JUDGE 20 OF THE COURT OF APPEALS FOR 20 YEARS AFTER THE CONVICTION. 21 Sec. 411. (1) A personshallIS notbeeligible tothe22office ofBE A CIRCUIT COURT judgeof the circuit courtunless 23 the person is a qualified elector of the judicial circuit in 24 which THE election issoughtHELD, as provided in section 11 of 25 article6VI of the state constitution of 1963, is licensed to 26 practice law in this state, and, at the time of election, is less 27 than 70 years of age. 04146'99 12 1 (2) A person who has been convicted of a violation of 2 section 12a(1) ofAct No. 370 of the Public Acts of 1941, being3section 38.412a of the Michigan Compiled Laws, shall1941 PA 4 370, MCL 38.412A, IS notbeeligible for election or appoint- 5 ment tothe office ofBE A CIRCUIT COURT judgeof the circuit6courtfora period of20 years after THE conviction. 7 (3) A PERSON WHO HAS BEEN CONVICTED OF A FELONY UNDER THE 8 LAWS OF THIS STATE OR ANOTHER STATE IS NOT ELIGIBLE TO BE A CIR- 9 CUIT COURT JUDGE FOR 20 YEARS AFTER THE CONVICTION. 10 Sec. 431. (1) A personshallIS notbeeligible tothe11office ofBE A PROBATE COURT judgeof probateunless the 12 person is a qualified elector of the county in which THE election 13 issoughtHELD, as provided in section 16 of article6VI of 14 the state constitution of 1963, is licensed to practice law in 15 this state, except as provided in section 7 of the schedule and 16 temporary provisions of the state constitution of 1963, and, at 17 the time of election, is less than 70 years of age. 18 (2) A person who has been convicted of a violation of sec- 19 tion 12a(1) ofAct No. 370 of the Public Acts of 1941, being20section 38.412a of the Michigan Compiled Laws, shall1941 PA 21 370, MCL 38.412A, IS notbeeligible for election or appoint- 22 ment tothe office ofBE A PROBATE COURT judgeof probatefor 23a period of20 years after THE conviction. 24 (3) A PERSON WHO HAS BEEN CONVICTED OF A FELONY UNDER THE 25 LAWS OF THIS STATE OR ANOTHER STATE IS NOT ELIGIBLE TO BE A PRO- 26 BATE COURT JUDGE FOR 20 YEARS AFTER THE CONVICTION. 04146'99 13 1 Sec. 467. (1) A personshallIS notbeeligiblefor2the office ofTO BE A DISTRICT COURT judgeof the district3courtunless the person is a qualified elector of the judicial 4 district and election division in which THE election issought5 HELD, is licensed to practice law in this state, and, at the time 6 of election or appointment, is less than 70 years of age. 7 (2) A person who has been convicted of a violation of sec- 8 tion 12a(1) ofAct No. 370 of the Public Acts of 1941, being9section 38.412a of the Michigan Compiled Laws, shall1941 PA 10 370, MCL 38.412A, IS notbeeligible for election or appoint- 11 ment tothe office ofBE A DISTRICT COURT judgeof the dis-12trict courtfora period of20 years after THE conviction. 13 (3) A PERSON WHO HAS BEEN CONVICTED OF A FELONY UNDER THE 14 LAWS OF THIS STATE OR ANOTHER STATE IS NOT ELIGIBLE TO BE A DIS- 15 TRICT COURT JUDGE FOR 20 YEARS AFTER THE CONVICTION. 04146'99 Final page. CAS