HB-6000, As Passed House, June 22, 2004

SUBSTITUTE FOR

HOUSE BILL NO. 6000

                                                                             A bill to amend 1954 PA 116, entitled                                             

"Michigan election law,"                                                    

by amending section 646a (MCL 168.646a), as amended by 2003 PA              

302.                                                                        

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

2   general November election, candidates for the local office shall            

3   be nominated in the manner provided by law or charter, subject to           

4   sections 641 and 642.  If candidates for the local office are to            

5   be nominated at caucuses, the caucuses shall be held on a date              

6   before the date set for the primary election or on the Saturday             

7   before the day of the primary election as determined by the local           

8   legislative body at least 20 days before the date of the caucus.            

9   If candidates are nominated by filing petitions or affidavits,              

10  they shall be filed at a time provided by charter, but not later            

1   than the date of the primary.  Except as provided in section 642,           

2   the local primary election shall be held on the same day as a               

3   state or county primary election.  If a state or county primary             

4   is being held on the same day, the last day for local candidates            

5   to file nominating petitions is the same as the last date to file           

6   petitions for state and county offices.  The names of all local             

7   candidates and titles of office shall be certified to the county            

8   clerk by the local clerk within 5 days after the last day for               

9   filing petitions, and certification of nominees shall be made to            

10  that clerk within 5 days after the date on which the primary or             

11  caucus was held.                                                            

12      (2) If a local, school district, or county ballot question is               

13  to be voted on at a  primary, special, regular, or general

14  regular election date or special election,  at which state                  

15  officers are to be voted for,  the ballot wording of the ballot             

16  question shall be certified to the local or county clerk at least           

17  70 days before the election.  If the wording is certified to a              

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

19  ballot wording to the county clerk at least 68 days before the              

20  election.  If a local, school district, or county ballot question           

21  is to be voted on at a regular election date or special election            

22  at which no state or federal offices are to be voted for, the               

23  ballot wording of the ballot question shall be certified to the             

24  local or county clerk responsible for printing the ballots at               

25  least 60 days before the election date. Petitions to place a                

26  county or local ballot question on the ballot at the election               

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

1   the ballot wording must be certified to the local clerk.                    

2       (3) The provisions of this section apply notwithstanding any                

3   provisions of law or charter to the contrary, unless an earlier             

4   date for the filing of affidavits or petitions, including                   

5   nominating petitions, is provided in a law or charter, in which             

6   case the earlier filing date is controlling.