CANCEL UNCONTESTED ELECTIONS; REVISE WRITE-IN CANDIDATE PROVISIONS
House Bill 4467
Sponsor: Rep. Chris Ward
Committee: Local Government and Urban Policy
Complete to 3-28-03
A SUMMARY OF HOUSE BILL 4467 AS INTRODUCED 3-26-03
House Bill 4467 would amend the Michigan Election Law to specify that a county, city, village, or township clerk, or the board of a school district, could cancel a regular or special election if all of the following applied:
(a) there were no questions on the ballot at the election;
(b) the deadline had passed for filing a declaration of intent to be a write-in candidate under the Michigan election law; and,
(c) there was not more than one candidate on the ballot for each office on the ballot, or for a nonpartisan election, there were not more than the number of candidates as there were individuals to be elected.
The bill specifies that if an election were cancelled, the candidate on the ballot for each office would be considered to be elected to that office for all purposes under the Michigan Election Law, as if the election had occurred. Further, if the board of a school district cancelled an election, it would be required to provide reasonable notice of the cancellation to the county, city, village, township, or school district electors.
In addition, the bill would prohibit the board of election inspectors from counting a write-in vote for a write-in candidate for a district, county, city, township, village, or school board election, unless the candidate had filed a declaration of intent to be a write-in candidate. The declaration would have to be filed with the appropriate filing official, on or before 4 p.m. on the 21st day immediately before the election. A filing official who received a declaration of intent would be required to prepare and have delivered to the appropriate board of election inspectors, a list of all individuals who had filed the declaration of intent to be write-in candidates.
However, if a candidate whose name was printed on the official ballot for the election died, or was otherwise disqualified on or after the 23rd day immediately before the election, the requirement to file a declaration of intent to be write-in candidate would not apply. Instead, in the event of a death or disqualification, the board of election inspectors would be required to count all write-in votes for write-in candidates for the office that was sought by the deceased or disqualified candidate.
MCL 168.196 et al.
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This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.