House Introduced Bill 5031

HOUSE BILL No. 5031

July 12, 2001, Introduced by Reps. Gosselin, Bradstreet and Drolet and referred to the Committee on Redistricting and Elections.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 2, 3, 322, 348, 382, 631, and 646a

(MCL 168.2, 168.3, 168.322, 168.348, 168.382, 168.631, and

168.646a), section 2 as amended by 1999 PA 216, section 322 as

amended by 1999 PA 218, and section 646a as amended by 1990 PA 7,

and by adding section 642; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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Sec. 2. As used in this act, : (a) "Business "BUSINESS

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day" or "secular day" means a day that is not a Saturday, Sunday,

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or legal holiday.

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(b) "Election" means any election or primary election, at

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which the electors of this state or of any subdivision of this

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state choose or nominate by ballot public officials or decide any

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public question lawfully submitted to them.

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Sec. 3. The term "general AS USED IN THIS ACT:

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(A) "BIENNIAL SPRING ELECTION", "SPRING ELECTION", OR OTHER

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SIMILAR TERM, AS USED IN CITY OR VILLAGE CHARTERS UNLESS OTHER-

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WISE DEFINED IN THE CHARTER, MEANS THE LOCAL ELECTION TO BE HELD

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ON THE FIRST TUESDAY OF APRIL IN EACH ODD NUMBERED YEAR.

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(B) "ELECTION" MEANS A GENERAL, SPECIAL, OR PRIMARY ELECTION

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AT WHICH THE ELECTORS OF THIS STATE OR OF A SUBDIVISION OF THIS

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STATE CHOOSE OR NOMINATE BY BALLOT PUBLIC OFFICIALS OR DECIDE A

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PUBLIC QUESTION LAWFULLY SUBMITTED TO THEM.

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(C) "GENERAL ELECTION" MEANS THE GENERAL NOVEMBER ELECTION.

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(D) "GENERAL November election" , as used in this act,

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shall mean MEANS the election provided to be held in the state

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on the first Tuesday after the first Monday of November in

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every EACH even numbered year.

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(E) "ODD YEAR GENERAL ELECTION" MEANS THE ELECTION HELD ON

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THE FIRST TUESDAY AFTER THE FIRST MONDAY OF NOVEMBER IN EACH ODD

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NUMBERED YEAR.

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(F) "PRIMARY" OR "PRIMARY ELECTION" MEANS A PRIMARY ELECTION

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HELD FOR THE PURPOSE OF DECIDING BY BALLOT WHO SHALL BE THE NOMI-

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NEES FOR THE OFFICES NAMED IN THIS ACT OR FOR THE ELECTION BY

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BALLOT OF DELEGATES TO POLITICAL CONVENTIONS.

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(G) "SPECIAL ELECTION" MEANS AN ELECTION, OTHER THAN A REGU-

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LAR ELECTION, CALLED BY COMPETENT AUTHORITY FOR THE PURPOSE OF

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CHOOSING OFFICIALS TO FILL VACANCIES IN PUBLIC OFFICE OR FOR SUB-

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MISSION TO THE ELECTORS OF A PUBLIC QUESTION.

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(H) "SPECIAL PRIMARY" MEANS A PRIMARY CALLED BY COMPETENT

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AUTHORITY FOR THE NOMINATION OF CANDIDATES TO BE VOTED FOR AT A

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SPECIAL ELECTION.

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Sec. 322. To obtain the printing of FOR the name of a

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candidate of a political party for a city office, including a

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ward office, TO APPEAR under the particular party heading on the

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official primary election ballots for use in the city, there

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NOMINATING PETITIONS shall be filed with the city clerk of the

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city not later than 4 p.m. on the twelfth Tuesday preceding

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BEFORE the August primary , or not later than 4 p.m. on the

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seventh Monday preceding TUESDAY BEFORE the primary election

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provided to be held on the third Monday TUESDAY in February.

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, THE nominating petitions SHALL BE signed by a number of qual-

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ified and registered electors of the political party who reside

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in the city or ward as determined under section 544f. This sec-

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tion does not apply to a city the IF THE CITY charter of

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which provides for a different method of nominating candidates

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for public office. The form of the petition shall be as provided

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in section 544c.

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Sec. 348. The township board, not less than 40 days prior

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to the BEFORE holding of the A TOWNSHIP primary,
herein pro-

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vided for, shall issue a call for such
THE primary BY desig-

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nating the time and place thereof and shall give OF THE PRIMARY

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AND BY GIVING notice of the same PRIMARY by publishing a copy

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of such call in some IT IN A newspaper of general circulation in

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the township. , and if deemed advisable by the THE township

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board by the posting of the number of MAY ALSO POST notices

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that the board shall designate in conspicuous places. In

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townships having less FEWER than 200 registered voters, the

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township board may provide that, for elections at which no town-

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ship question is to WILL be submitted, notices of the election

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shall be by posting , as herein provided, in lieu OF NOTICES

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INSTEAD of by publishing. The time of holding such primary in

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townships shall be HELD on the third Monday TUESDAY in February

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preceding BEFORE each biennial spring election.

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Sec. 382. If the charter of a village does not specify the

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time, manner, and means of nominating and electing its public

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officers, the village shall nominate and elect its officers in

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accordance with the provisions governing the selection of town-

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ship officers, as provided in chapter 16 XVI of this act,

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except that nomination by caucus or primary shall occur on the

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third Monday TUESDAY in February and village elections shall be

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held on the second Monday TUESDAY in March biennially in even

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numbered years or annually as provided in section 5 of chapter 2

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of Act No. 3 of the Public Acts of 1895, being section 62.5 of

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the Michigan Compiled Laws II OF THE GENERAL LAW VILLAGE ACT,

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1895 PA 3, MCL 62.5.

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Sec. 631. Whenever IF a special election shall be IS

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called to fill a vacancy in any AN office , FOR WHICH the

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candidates for which are regularly nominated in accordance

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with the provisions of this act relating to primary nominations,

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AT A PRIMARY ELECTION, a special primary for all political par-

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ties shall be held in the county, district, or city in which the

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vacancy occurs. on such day as may be fixed by the THE official

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or legislative body calling the special election , but SHALL

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SCHEDULE A SPECIAL PRIMARY ELECTION FOR A TUESDAY not less than

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20 days prior to BEFORE the date of such THE special

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election. , and the authorities calling any such THE OFFICIAL

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OR LEGISLATIVE BODY CALLING THE special primary shall , in the

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call therefor, fix SET the time within which candidates may file

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nominating petitions.

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SEC. 642. AN ELECTION HELD UNDER THIS ACT SHALL BE HELD ON

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A TUESDAY.

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Sec. 646a. (1) If a local officer is to be elected at a

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general November election or on the first Monday TUESDAY of

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April in an odd numbered year, candidates for the local office

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shall be nominated in the manner provided by law or charter. If

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the candidates are to be nominated at a fall primary election,

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the primary shall be held on the same day as is provided by law

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for holding the county or state primary election. prior to such

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election, except as provided in section 646b. If the candidates

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are to be elected in April, the primary shall be held on the

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third Monday TUESDAY in February. If candidates for the local

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office are to be nominated at caucuses, the caucuses shall be

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held on a date prior to BEFORE the date set for the above

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mentioned primary election or on the Saturday preceding
BEFORE

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the day of the primary election as determined by the local legis-

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lative body at least 20 days preceding BEFORE the date of the

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caucus. If candidates are nominated by filing NOMINATING peti-

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tions or affidavits, they shall be filed at a time provided by

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charter but not later than the date of the primary. If a local

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primary election is to be held on the same day as any A state

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or county primary election, the last day for local candidates to

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file nominating petitions shall be the same as the last date to

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file NOMINATING petitions for state and county offices. The

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names of all local candidates and titles of office shall be cer-

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tified to the county clerk by the local clerk within 5 days after

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the last day for filing petitions, and certification of nominees

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shall be made to such THE COUNTY clerk within 5 days after the

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date on which the primary or caucus was held.

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(2) If any local or county BALLOT questions are to be

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voted on at any A primary, special, or general election at

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which state officers are to be voted for, the ballot wording of

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the BALLOT question shall be certified to the local or county

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clerk at least 70 days prior to such BEFORE THE PRIMARY, SPE-

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CIAL, OR GENERAL election. If the wording is certified to a

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clerk other than the county clerk, the clerk shall certify the

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ballot wording to the county clerk at least 68 days prior to

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BEFORE the election. Petitions to place any A county or local

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questions BALLOT QUESTION on the ballot at the election shall

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be filed with the clerk at least 14 days before the date the

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ballot wording must be certified to the local clerk.

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(3) The provisions of this section apply notwithstanding

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any OTHER provisions of law or charter to the contrary, unless

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an earlier date for the filing of affidavits or petitions,

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including nominating petitions, is provided in any ANOTHER law

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or charter, in which case the earlier filing date is

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controlling.

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Enacting section 1. Sections 4, 5, 6, 7, 8, and 646b of the

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Michigan election law, 1954 PA 116, MCL 168.4, 168.5, 168.6,

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168.7, 168.8, and 168.646b, are repealed.

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