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 person shall IS not be eligible to the 2 office of BE governor or lieutenant governor unless the person 3 has attained the age of IS 30 years OF AGE OR OLDER and has 4 been a registered and qualified elector in this state for 4 years 5 next IMMEDIATELY preceding his or her election, as provided in 6 section 22 of article 5 V 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 1 Act No. 370 of the Public Acts of 1941, being section 38.412a 2 of the Michigan Compiled Laws, shall 1941 PA 370, MCL 38.412A, 3 IS not be eligible to the office of BE governor or lieutenant 4 governor for a period of 20 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 person shall IS not be eligible to the 9 offices of BE 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) of Act 12 No. 370 of the Public Acts of 1941, being section 38.412a of the 13 Michigan Compiled Laws, shall 1941 PA 370, MCL 38.412A, IS not 14 be eligible to the offices of BE secretary of state or attor- 15 ney general for a period of 20 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 person shall IS not ELIGIBLE TO be a United 20 States senator unless the person has attained the age of IS 30 21 years and OF AGE OR OLDER, has been a citizen of the United 22 States for NOT LESS THAN 9 years, and is, when elected, an 23 inhabitant A RESIDENT of that THIS state, for which he or she 24 shall be chosen as provided in section 3 of article 1 I of the 25 United States constitution. A person who has been convicted of a 26 violation of section 12a(1) of Act No. 370 of the Public Acts of 27 1941, being section 38.412a of the Michigan Compiled Laws, shall 04146'99 3 1 1941 PA 370, MCL 38.412A, IS not be eligible to the office of 2 BE A United States senator for a period of 20 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 person shall IS not ELIGIBLE TO be a UNITED 7 STATES representative unless the person has attained the age of 8 IS 25 years and OF AGE OR OLDER, HAS been a citizen of the 9 United States for NOT LESS THAN 7 years, and is, when elected, 10 an inhabitant A RESIDENT of that THIS state, in which he or 11 she shall be chosen, as provided in section 2 of article 1 I 12 of the United States constitution. A person who has been con- 13 victed of a violation of section 12a(1) of Act No. 370 of the 14 Public Acts of 1941, being section 38.412a of the Michigan 15 Compiled Laws, shall 1941 PA 370, MCL 38.412A, IS not be eli- 16 gible to the office of BE A UNITED STATES representative in 17 congress for a period of 20 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 person shall IS not be eligible to the 22 office of BE 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 cle 4 IV of the state constitution of 1963. A person who has 26 been convicted of a violation of section 12a(1) of Act No. 370 27 of the Public Acts of 1941, being section 38.412a of the Michigan 04146'99 4 1 Compiled Laws, shall 1941 PA 370, MCL 38.412A, IS not be 2 eligible to the office of BE A state senator or representative 3 for a period of 20 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 person shall IS not be eligible to the 8 office of BE 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 is sought HELD. A person who has 12 been convicted of a violation of section 12a(1) of Act No. 370 13 of the Public Acts of 1941, being section 38.412a of the Michigan 14 Compiled Laws, shall 1941 PA 370, MCL 38.412A, IS not be eli- 15 gible to any of the offices enumerated in this section HOLD AN 16 OFFICE LISTED ABOVE for a period of 20 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 person shall IS not be eligible 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) of Act No. 370 of the Public Acts of 1941, being section 27 38.412a of the Michigan Compiled Laws, shall 1941 PA 370, MCL 04146'99 5 1 38.412A, IS not be eligible to membership on any of the boards 2 enumerated in this section LISTED ABOVE for a period of 20 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 remove all A city 8 officers OFFICER chosen by the electors of a city, or any A 9 ward or voting district of a city , when IF the governor is 10 satisfied from FINDS, BASED ON sufficient evidence submitted to 11 the governor, that the officer has been IS guilty of official 12 misconduct, wilful WILLFUL neglect of duty, extortion, or 13 habitual drunkenness, or has been convicted of being drunk, or 14 whenever it appears by UNDER 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 been IS convicted of a felony. 8 (2) The governor shall not take action upon any charges A 9 CHARGE made to the governor against a city officer until the 10 charges have been exhibited CHARGE IS SUBMITTED to the governor 11 in writing, verified by the affidavit WITH THE SWORN STATEMENT 12 of the party making them, that THE CHARGE STATING he or she 13 believes the charges CHARGE to be true. But a A city officer 14 shall not be removed for misconduct or neglect until charges 15 THE CHARGE of misconduct or neglect have been exhibited IS 16 SUBMITTED to the governor as provided in this section, and a 17 copy of the charges CHARGE IS served on the officer, and THE 18 OFFICER IS GIVEN an opportunity given the officer of being TO 19 BE heard in his or her defense. The service of the charges upon 20 the officer complained against REQUIRED IN THIS SECTION shall be 21 made by personal service to the officer of AND SHALL INCLUDE a 22 copy of the charges, together with all affidavits or exhibits 23 which may be CHARGE 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 the charges CHARGE in a conspicuous place at the officer's last 3 known place of residence. 4 (3) An officer who has been removed from office pursuant 5 to UNDER this section shall IS not be eligible for election 6 or appointment to any office for a period of 3 years from 7 AFTER the date of the removal. 8 (4) A person who has been convicted of a violation of sec- 9 tion 12a(1) of Act No. 370 of the Public Acts of 1941, being 10 section 38.412a of the Michigan Compiled Laws, shall 1941 PA 11 370, MCL 38.412A, IS not be eligible for election or appoint- 12 ment to an elective or appointive city office for a period of 13 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 person shall IS not be eligible to HOLD a 19 township office unless the person is a qualified elector of the 20 township in which THE election is sought HELD. A person 21 shall IS not be eligible 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) of Act No. 370 of the Public Acts of 1941, being 26 section 38.412a of the Michigan Compiled Laws, shall 1941 PA 27 370, MCL 38.412A, IS not be eligible for election or 04146'99 8 1 appointment to an elective or appointive township office for a 2 period of 20 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 remove all A village 7 officers OFFICER chosen by the electors of a village when IF 8 the governor is satisfied from FINDS, BASED ON sufficient evi- 9 dence submitted to the governor, that the officer has been IS 10 guilty of official misconduct, wilful WILLFUL neglect of duty, 11 OR extortion, or habitual drunkenness, or has been convicted 12 of being drunk, or whenever it appears by UNDER 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 upon any charges A 10 CHARGE made to the governor against a village officer until the 11 charges have been exhibited CHARGE IS SUBMITTED to the governor 12 in writing, verified by the affidavit WITH THE SWORN STATEMENT 13 of the party making them, THE CHARGE, STATING that the party 14 believes the charges CHARGE to be true. A village officer 15 shall not be removed for misconduct or neglect until charges 16 THE CHARGE of misconduct or neglect have been exhibited IS 17 SUBMITTED to the governor as provided in this section, and a 18 copy of the charges CHARGE IS served on the officer, and THE 19 OFFICER IS GIVEN an opportunity given the officer of being TO 20 BE heard in his or her defense. The service of the charges upon 21 the person or persons complained against REQUIRED IN THIS 22 SECTION shall be made by personal service to the officer of AND 23 SHALL INCLUDE a copy of the charges, together with all affida- 24 vits or exhibits which may be CHARGE 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 the charges CHARGE 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 the charges CHARGE in a conspic- 4 uous place at the officer's last known place of residence. 5 (4) An officer who has been removed from office pursuant 6 to UNDER this section shall IS not be eligible for election 7 or appointment to any office for a period of 3 years from 8 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) of Act No. 370 of the Public Acts of 1941, being 11 section 38.412a of the Michigan Compiled Laws, shall 1941 PA 12 370, MCL 38.412A, IS not be eligible for election or appoint- 13 ment to an elective or appointive village office for a period 14 of 20 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 person shall IS not be eligible to the 19 office of BE 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) of Act No. 370 of the Public Acts of 1941, being 25 section 38.412a of the Michigan Compiled Laws, shall 1941 PA 26 370, MCL 38.412A, IS not be eligible for election or 04146'99 11 1 appointment to the office of BE A justice of the supreme court 2 for a period of 20 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 person shall IS not be eligible for 7 the office of TO 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 is sought HELD, 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) of Act No. 370 of the Public Acts of 1941, being 14 section 38.412a of the Michigan Compiled Laws, shall 1941 PA 15 370, MCL 38.412A, IS not be eligible for election or appoint- 16 ment to the office of BE A judge of the court of appeals for a 17 period of 20 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 person shall IS not be eligible to the 22 office of BE A CIRCUIT COURT judge of the circuit court unless 23 the person is a qualified elector of the judicial circuit in 24 which THE election is sought HELD, as provided in section 11 of 25 article 6 VI 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) of Act No. 370 of the Public Acts of 1941, being 3 section 38.412a of the Michigan Compiled Laws, shall 1941 PA 4 370, MCL 38.412A, IS not be eligible for election or appoint- 5 ment to the office of BE A CIRCUIT COURT judge of the circuit 6 court for a period of 20 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 person shall IS not be eligible to the 11 office of BE A PROBATE COURT judge of probate unless the 12 person is a qualified elector of the county in which THE election 13 is sought HELD, as provided in section 16 of article 6 VI 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) of Act No. 370 of the Public Acts of 1941, being 20 section 38.412a of the Michigan Compiled Laws, shall 1941 PA 21 370, MCL 38.412A, IS not be eligible for election or appoint- 22 ment to the office of BE A PROBATE COURT judge of probate for 23 a period of 20 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 person shall IS not be eligible for 2 the office of TO BE A DISTRICT COURT judge of the district 3 court unless the person is a qualified elector of the judicial 4 district and election division in which THE election is sought 5 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) of Act No. 370 of the Public Acts of 1941, being 9 section 38.412a of the Michigan Compiled Laws, shall 1941 PA 10 370, MCL 38.412A, IS not be eligible for election or appoint- 11 ment to the office of BE A DISTRICT COURT judge of the dis- 12 trict court for a period of 20 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