SENATE BILL No. 864 October 28, 1999, Introduced by Senators HAMMERSTROM, BULLARD, GOSCHKA, MC MANUS and NORTH and referred to the Committee on Government Operations. A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 322, 349, 413, 433, and 467b (MCL 168.322, 168.349, 168.413, 168.433, and 168.467b), as amended by 1996 PA 583; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 322. (1)To obtain the printing ofIN ORDER FOR the 2 name of a candidate of a political party for a city office, 3 including a ward office, TO APPEAR under the particular party 4 heading on the official primary electionballotsBALLOT for use 5 in the city,thereA NOMINATING PETITION shall be filed with 6 the city clerk.of the city not later than 4 p.m. on the7twelfth Tuesday preceding the August primary, or not later than 48p.m. on the seventh Monday preceding the primary election9provided to be held on the third Monday in February,THE 04384'99 CAS 2 1 nominatingpetitionsPETITION SHALL HAVE BEEN signed by a 2 number of qualified and registered electors of the political 3 party who reside in the city or ward, equal to not less than 1% 4 or more than 2% of the number of votes that the political party 5 cast in the city or ward for secretary of state at the last gen- 6 eral November election in which a secretary of state was 7 elected. THE NOMINATING PETITION SHALL BE FILED NOT LATER THAN 4 8 P.M. ON THE TWELFTH TUESDAY BEFORE THE AUGUST PRIMARY OR NOT 9 LATER THAN 4 P.M. ON THE SEVENTH MONDAY BEFORE THE PRIMARY ELEC- 10 TION SCHEDULED TO BE HELD ON THE THIRD MONDAY IN FEBRUARY. This 11 section does not apply to a city IF the CITY'S charterof which12 provides for a different method of nominatingcandidatesA 13 CANDIDATE for public office. Theform of theNOMINATING peti- 14 tion shall beasIN THE FORM provided in section 544c. 15 (2) INSTEAD OF FILING A NOMINATING PETITION, THE CANDIDATE 16 MAY PAY A NONREFUNDABLE FILING FEE OF $100.00 TO THE CITY CLERK. 17 PAYMENT OF THE FEE AND CERTIFICATION OF THE NAME OF THE CANDIDATE 18 PAYING THE FEE ARE GOVERNED BY THE SAME PROVISIONS AS FOR A NOMI- 19 NATING PETITION. THE FEE SHALL BE DEPOSITED IN THE GENERAL FUND 20 OF THE CITY. 21 Sec. 349. (1)To obtain the printing ofIN ORDER FOR the 22 name of a person as a candidate for nomination by a political 23 party for a township office TO APPEAR under the particular party 24 heading upon the official primaryballotsBALLOT,thereA 25 NOMINATING PETITION shall be filed with the township clerk. THE 26 nominatingpetitionsPETITION SHALL HAVE BEEN signed by a 27 number of qualified and registered electors residing within the 04384'99 3 1 township equal to not less than 1% or more than 2% of the number 2 of votes cast by the party in the township for secretary of state 3 at the last general November election in which a secretary of 4 state was elected, butin no caseNOT less than 5 signatures. 5Nominating petitions shall be in the form prescribed in section6544c.Thetownship clerk shall receivenominatingpetitions7up toPETITION SHALL BE FILED WITH THE TOWNSHIP CLERK NOT LATER 8 THAN 4 p.m. of the twelfth TuesdayprecedingBEFORE the August 9 primary. THE NOMINATING PETITION SHALL BE IN THE FORM PROVIDED 10 IN SECTION 544C. 11 (2) INSTEAD OF FILING A NOMINATING PETITION, THE CANDIDATE 12 MAY PAY A NONREFUNDABLE FILING FEE OF $100.00 TO THE TOWNSHIP 13 CLERK. PAYMENT OF THE FEE AND CERTIFICATION OF THE NAME OF THE 14 CANDIDATE PAYING THE FEE ARE GOVERNED BY THE SAME PROVISIONS AS 15 FOR A NOMINATING PETITION. THE FEE SHALL BE DEPOSITED IN THE 16 GENERAL FUND OF THE TOWNSHIP. 17 (3)(2)Within 4 days after the last day for filing nomi- 18 nating petitions, the township clerk shall deliver to the county 19 clerk a listsetting forthWITH the name, address, and politi- 20 cal affiliation and office sought of each candidate who has qual- 21 ified for a position on the primary ballot. 22 Sec. 413. (1)To obtain the printing ofIN ORDER FOR the 23 name of a person as a candidate for nomination forthe office24ofCIRCUIT COURT judgeof the circuit court uponTO APPEAR ON 25 the official nonpartisan primaryballotsBALLOT,thereA NOM- 26 INATING PETITION shall be filed with the secretary of state. THE 27 nominatingpetitions containingPETITION SHALL CONTAIN the 04384'99 4 1 signatures, addresses, and dates of signing of a number of 2 qualified and registered electors residing in the judicial cir- 3 cuit, equal to not less than 1% or more than 2% of the total 4 number of votes cast in that judicial district for secretary of 5 state at the last general November election in which a secretary 6 of state was elected.or by the filing of an affidavit according7to section 413a.Thesecretary of state shall receive thenom- 8 inatingpetitions up toPETITION SHALL BE FILED WITH THE SECRE- 9 TARY OF STATE NO LATER THAN 4 p.m. of the twelfth Tuesday 10precedingBEFORE the primary. The provisions of sections 544a 11 and 544b apply. 12 (2) INSTEAD OF FILING A NOMINATING PETITION, THE CANDIDATE 13 MAY PAY A NONREFUNDABLE FILING FEE OF $100.00 TO THE SECRETARY OF 14 STATE. PAYMENT OF THE FEE AND CERTIFICATION OF THE NAME OF THE 15 CANDIDATE PAYING THE FEE ARE GOVERNED BY THE SAME PROVISIONS AS 16 FOR A NOMINATING PETITION. THE FEE SHALL BE DEPOSITED IN THE 17 GENERAL FUND OF THIS STATE. 18 (3) AN INCUMBENT CIRCUIT COURT JUDGE MAY BECOME A CANDIDATE 19 BY FILING AN AFFIDAVIT INSTEAD OF A NOMINATING PETITION AS PRO- 20 VIDED BY SECTION 413A. 21 Sec. 433. (1)To obtain the printing ofIN ORDER FOR the 22 name of a person as a candidate for nomination forthe office23ofPROBATE COURT judgeof probate uponTO APPEAR ON the offi- 24 cial nonpartisan primaryballotsBALLOT,thereA NOMINATING 25 PETITION shall be filed with the county clerk.of each county26 THE nominatingpetitions containingPETITION SHALL CONTAIN the 27 signatures, addresses, and dates of signing of a number of 04384'99 5 1 qualified and registered electors residing in the county, equal 2 to not less than 1% or more than 2% of the total number of votes 3 cast in that county for secretary of state at the last general 4 November election in which a secretary of state was elected.or5by the filing of an affidavit according to section 433a.The 6county clerk shall receivenominatingpetitions up to7 PETITION SHALL BE FILED WITH THE COUNTY CLERK NOT LATER THAN 4 8 p.m. on the twelfth TuesdayprecedingBEFORE the August 9 primary. The provisions of sections 544a and 544b apply. 10 (2) Nominating petitions OR FEES filed under this section 11 are valid only if they clearly indicate for which of the follow- 12 ing offices the candidate is filing, consistent with section 13 435a(2): 14 (a) An unspecified existing judgeship for which the incum- 15 bent judge is seeking election. 16 (b) An unspecified existing judgeship for which the incum- 17 bent judge is not seeking election. 18 (c) A new judgeship. 19 (3) INSTEAD OF FILING A NOMINATING PETITION, THE CANDIDATE 20 MAY PAY A NONREFUNDABLE FILING FEE OF $100.00 TO THE COUNTY 21 CLERK. PAYMENT OF THE FEE AND CERTIFICATION OF THE NAME OF THE 22 CANDIDATE PAYING THE FEE ARE GOVERNED BY THE SAME PROVISIONS AS 23 FOR A NOMINATING PETITION. THE FEE SHALL BE DEPOSITED IN THE 24 GENERAL FUND OF THE COUNTY. 25 (4) AN INCUMBENT PROBATE COURT JUDGE MAY BECOME A CANDIDATE 26 BY FILING AN AFFIDAVIT INSTEAD OF A NOMINATING PETITION AS 27 PROVIDED BY SECTION 433A. 04384'99 6 1 (5)(3)A person who files for election to more than 1 2 probate judgeship shall have not more than 3 days following the 3 close of filing to withdraw from all but 1 filing. 4 Sec. 467b. (1)To obtain the printing ofIN ORDER FOR the 5 name of a person as a candidate for nomination forthe office6ofDISTRICT COURT judgeof the district court uponTO APPEAR 7 ON the official nonpartisan primaryballotsBALLOT,thereA 8 NOMINATING PETITION shall be filed with the secretary of state. 9 THE nominatingpetitions containingPETITION SHALL CONTAIN the 10 signatures, addresses, and dates of signing of a number of quali- 11 fied and registered electors residing in the judicial district or 12 division, equal to not less than 1/2 of 1% or more than 2% of the 13 total number of votes cast in that judicial district or division 14 for secretary of state at the last general November election in 15 which a secretary of state was elected.An incumbent district16court judge may also become a candidate by the filing of an affi-17davit in lieu of petitions according to section 467c.The 18secretary of state shall receivenominatingpetitions up to19 PETITION SHALL BE FILED WITH THE SECRETARY OF STATE NOT LATER 20 THAN 4 p.m. on the twelfth TuesdayprecedingBEFORE the 21 primary. The provisions of sections 544a and 544b apply. 22 (2) Nominating petitions OR FEES filed under this section 23 are valid only if they clearly indicate for which of the follow- 24 ing offices the candidate is filing, consistent with section 25 467c(4): 26 (a) An unspecified existing judgeship for which the 27 incumbent judge is seeking election. 04384'99 7 1 (b) An unspecified existing judgeship for which the 2 incumbent judge is not seeking election. 3 (c) A new judgeship. 4 (3) INSTEAD OF FILING A NOMINATING PETITION, THE CANDIDATE 5 MAY PAY A NONREFUNDABLE FILING FEE OF $100.00 TO THE SECRETARY OF 6 STATE. PAYMENT OF THE FEE AND CERTIFICATION OF THE NAME OF THE 7 CANDIDATE PAYING THE FEE ARE GOVERNED BY THE SAME PROVISIONS AS 8 FOR A NOMINATING PETITION. THE FEE SHALL BE DEPOSITED IN THE 9 GENERAL FUND OF THIS STATE. 10 (4) AN INCUMBENT DISTRICT COURT JUDGE MAY BECOME A CANDIDATE 11 BY FILING AN AFFIDAVIT INSTEAD OF A NOMINATING PETITION AS PRO- 12 VIDED BY SECTION 467C. 13 (5)(3)A person who files for election to more than 1 14 district judgeship shall have not more than 3 days following the 15 close of filing to withdraw from all but 1 filing. 16 Enacting section 1. Sections 426a to 426n of the Michigan 17 election law, 1954 PA 116, MCL 168.426a to 168.426n, are 18 repealed. 04384'99 Final page. CAS