NOMINATING PETITIONS OR FEE - S.B. 385-388: COMMITTEE SUMMARY
Senate Bills 385, 386, 387, and 388 (as introduced 4-18-01)
Sponsor: Senator Ken Sikkema (Senate Bill 385)
Senator Thaddeus G. McCotter (Senate Bill 386)
Senator Bev Hammerstrom (Senate Bills 387 & 388)
Committee: Government Operations
Date Completed: 10-25-01
CONTENT
The bills would amend various statutes to prescribe the number of signatures required on nominating petitions for school board, county commission, and library board candidates, based on the population of the district. The bills also would allow candidates to pay a $100 filing fee instead of filing nominating petitions.
Senate Bill 385 would amend the Revised School Code; Senate Bill 386 would amend Public Act 261 of 1966 (which provides for county boards of commissioners); Senate Bill 387 would amend the District Library Establishment Act; and Senate Bill 388 would amend Public Act 164 of 1877 (which provides for public libraries). The bills would take effect on January 1, 2002.
Senate Bill 385
Under the Revised School Code, unless the members of an intermediate school board are elected at popular elections, board members are elected by a body composed of one member of the board of each constituent district. A candidate for intermediate school board must submit nominating petitions signed by at least 50 registered school electors of the combined constituent districts of the intermediate school district (ISD). In districts in which the school electors have chosen popular elections (pursuant to a ballot question submitted by the intermediate school board), nominating petitions must contain signatures in a number equal to at least 1.5% of the combined pupil memberships of the constituent districts, but not more than 5,000.
The Code also requires a school board candidate to file nominating petitions signed by a number of school electors of the school district equal to at least 1% of the total number of votes received by the candidate for the board of education who received the most votes at the last election at which board of education members were elected, but not less than 20.
The bill would replace these petition signature requirements for school boards and for intermediate school boards. Under the bill, petitions would have to be signed by at least six but not more than 20 electors, if the population of the school district or ISD were under 10,000 according to the most recent Federal census. If the population were 10,000 or more, petitions would have to be signed by at least 40 but not more than 100 electors.
Instead of filing nominating petitions, a candidate could pay a nonrefundable filing fee of $100 to the secretary of the school board or intermediate school board, as applicable. If the fee were paid by the due date for nominating petitions, the payment would have the same effect as the filing of nominating petitions.
Senate Bill 386
Under Public Act 261 of 1966, county commissioners are elected in partisan elections. A candidate must file a nominating petition signed by a number of electors residing within the district equal to at least 1% but not more than 4% of the number of votes cast in the district by his or her party for the Office of Secretary of State at the last general election in which a Secretary of State was elected. Under the bill, a nominating petition would have to be signed, instead, by a number of electors as determined under Section 544f of the Michigan Election Law (which prescribes the number of signatures required for partisan and nonpartisan petitions based on the population of the district involved).
Public Act 261 also allows a candidate to pay a $100 filing fee to the county clerk instead of filing a nominating petition.
Senate Bill 387
The District Library Establishment Act prescribes circumstances under which two or more municipalities (cities, villages, school districts, townships, and/or counties) may establish a district library, which must be governed by a district library board. The requirements for electing board members depend on whether a school district is a participating municipality.
If a school district is a participating municipality, a candidate must file a nominating petition containing a number of signatures equal to at least 0.5% of the number of people voting in the district at the last election at which board members were elected. The bill provides, instead, that the number of signatures would have to be at least six but not more than 20, if the population of the school district were under 10,000. If the population were 10,000 or more, the number required would be at least 40 but not more than 100.
In lieu of the nominating petition, an individual could file a $100 nonrefundable fee to have his or her name placed on the ballot. The fee would have to be filed with the secretary of the school board of the largest participating school district.
Senate Bill 388
Public Act 164 of 1877 authorizes a city, village, or township to establish a free public library, governed by a library board directors. A candidate for the board must file nonpartisan nominating petitions signed by a number of electors of that city, village, or township equal to at least 1% of the total number of votes cast for the chief elected officer of that city, village, or township in the last election in which the officer was elected. The bill would delete that signature requirement.
Under the bill, the number of required signatures would be at least six but not more than 20, for a city, village, or township with a population of 9,999 or less. For a city, village, or township with a population of 10,000 or more, the required number would be at least 40 but not more than 100.
Instead of the nominating petitions, an individual could file with the clerk conducting the election a $100 nonrefundable fee to have his or her name placed on the ballot.
MCL 380.614 (S.B. 385) - Legislative Analyst: S. Lowe
46.411 (S.B. 386)
397.181 (S.B. 387)
397.211 (S.B. 388)
FISCAL IMPACT
State. The bills would have no fiscal impact on the State.
Local. The bills would result in a reduction in the number of signatures required on a petition and allow a potential candidate to avoid filing a petition altogether by paying a $100 filing fee. The lower signature requirements for petitions also could encourage additional candidates and increase the number of petitions requiring signature verification. The burden on the office verifying the signatures to determine the eligibility of a candidate could be affected; however, the magnitude of the above effects is indeterminate.
- Fiscal Analyst: J. Runnels
S0102\s385sa
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.