March 26, 2003, Introduced by Rep. Ward and referred to the Committee on Local Government and Urban Policy.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 196, 354, 357, 539, 540, 541, 644f, and 737a
(MCL 168.196, 168.354, 168.357, 168.539, 168.540, 168.541,
168.644f, and 168.737a), section 644f as amended by 1999 PA 218
and section 737a as added by 1996 PA 461, and by adding section
653b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 196. If Subject
to sections 539 and 737a, if, for
2 any reason, the number of candidates of a political party for any
3 1 or more of the offices
named in section 191 of this act shall
4 be is equal to less than the total number to be
nominated by
5 said the political party, a blank space or spaces
shall be
6 provided on each of the
official primary ballots which that
7 will afford every each
elector of said the party an
1 opportunity to vote by write-in vote for as many candidates for
2 such the office as are to be nominated by said the
party ,
3 by writing in the name or names of his or her selection or by the
4 use of slips or pasters.
5 Sec. 354. If Subject
to section 737a, if, for any reason,
6 the number of candidates of a political party to a township
7 office shall be is
equal to less than the total number to be
8 nominated and elected, a sufficient number of blank spaces shall
9 be provided on the
official primary ballots which that will
10 afford every each
elector to said the party an opportunity to
11 vote for as many candidates as are to be nominated and elected by
12 writing in the name or names of his or her selection or by the
13 use of slips or pasters.
14 Sec. 357. When
any Subject to section 737a, if a
15 candidate of a political party, after having been nominated for a
16 township office, shall
die, remove dies, moves from the
17 township, or become becomes
disqualified for any reason, the
18 township board of election commissioners shall provide a blank
19 space or spaces on the
official ballots which that will afford
20 every each elector of said the party
an opportunity to vote
21 for a candidate to fill
the vacancy thereby caused, by writing
22 in the name of his or her selection or by the use of a slip or
23 paster.
24 Sec. 539. If,
upon the expiration of the time for filing
25 petitions in any primary
for city or county, it appears that
26 there is no opposition
to any candidate for any office upon any
27 ticket, then the city
or county clerk, as the case may be, shall
1 certify to the board
of election commissioners the names of all
2 persons whose
petitions have been properly filed and the office
3 for which such
petitions were filed, and such persons shall be
4 declared by such board
of election commissioners nominees for the
5 respective offices,
and such county clerk shall forthwith notify
6 the several clerks of
the townships and cities interested, if
7 any, and give notice
that the primary will not be held as
8 contemplated, giving
the reasons therefor, and a public notice
9 shall be given of such
determination by a brief notice published
10 by such clerk in a
newspaper circulated in such county. Subject
11 to section 737a, if, after the deadline for filing nominating
12 petitions in a city or county primary election, the city or
13 county clerk finds that there is no opposition to any candidate
14 for any office on the ballot, the city or county clerk shall
15 certify to the board of election commissioners the name of each
16 candidate whose nominating petitions were properly filed. The
17 board of election inspectors shall declare those candidates the
18 nominees for the respective offices. The county clerk shall
19 immediately notify the interested city, township, and village
20 clerks and give notice that the primary election will not be held
21 as scheduled, giving the reasons for canceling the primary
22 election. The county clerk shall publish a public notice of the
23 primary election cancellation in a newspaper circulated in the
24 county.
25 Sec. 540. If,
upon the expiration of the time for filing
26 petitions for any
nonpartisan primary election, it shall appear
27 that as to any office
on any nonpartisan ticket there are not to
1 exceed twice the
number of candidates as there are persons to be
2 elected, then the
officer with whom such petitions are filed
3 shall certify to the
proper board of election commissioners the
4 names of such
candidates whose petitions have been properly filed
5 and such candidates
shall be the nominees for such offices and
6 shall be so
certified. As to such offices, there shall be no
7 primary election and
such offices shall be omitted from the
8 primary ballot. Subject to section 737a, if, after the deadline
9 for filing nominating petitions for a nonpartisan primary
10 election, the filing official finds that as to any office on any
11 nonpartisan ballot there are not more than twice the number of
12 candidates as there are individuals to be elected, the filing
13 official shall certify to the proper board of election
14 commissioners the name of each candidate whose nominating
15 petitions were properly filed. The board of election
16 commissioners shall declare those candidates the nominees for the
17 respective offices. As to those offices, there shall be no
18 primary election and those offices shall be omitted from the
19 primary ballot. If there is no ballot question on the primary
20 election ballot and the filing official finds that there is no
21 opposition for any office on the ballot, the filing official may
22 cancel the primary election. If the primary election is
23 canceled, the filing official shall provide reasonable public
24 notice of the primary election cancellation to the electors.
25 Sec. 541. If upon
the expiration of the time for filing
26 petitions in any
primary, the secretary of state shall find
27 within a given
district that there is no opposition for any
1 office upon any
ticket, he shall forthwith give notice to the
2 clerk of the several
counties embraced, at the same time
3 certifying the names
of the candidates and the office to which
4 they aspire to the
state board of canvassers, who shall declare
5 them the nominees for
the respective offices, and shall give
6 notice to the clerk of
the several counties embraced in such
7 district, and if the
clerk shall find that there is no opposition
8 for any office upon
any ticket for a county office, then it shall
9 be the duty of such
clerk to forthwith give notice to the several
10 city and township
clerks interested that a primary will not be
11 held as contemplated,
but in no event shall a primary election be
12 abandoned in any
township, city, county or district wherein there
13 shall be opposition
for any office upon any ticket. Subject
to
14 section 737a, if, after the deadline for filing nominating
15 petitions in a primary election, the secretary of state finds
16 within a given district that there is no opposition for any
17 office on any district ballot, he or she shall immediately give
18 notice to the clerk in the interested counties. The secretary of
19 state shall at the same time certify the names of the candidates
20 and the office for which nominating petitions were properly filed
21 to the state board of canvassers. The state board of canvassers
22 shall declare the candidates the nominees for the respective
23 offices and shall give notice to each clerk of the interested
24 counties in the district. If a county clerk finds that there is
25 no opposition for any office on any ballot for a county office,
26 the clerk shall immediately give notice to the interested city,
27 township, and village clerks that a primary election will not be
1 held as scheduled. A primary election shall not be canceled in a
2 city, township, village, county, or district if there is
3 opposition for any office on any ballot.
4 Sec. 644f. (1) Except as provided in section 644e,
5 nominating petitions for offices to be filled at the odd year
6 general election shall be filed by 4 p.m. on the twelfth Tuesday
7 prior to before the odd year primary election. The
place of
8 filing and the number of signatures shall be the same as is now
9 required by law for such
those offices.
10 (2) If a nonpartisan petition requirement is not contained in
11 law or charter, the minimum number of signatures shall be the
12 amount as provided for in section 544f.
13 (3) If, upon the
expiration of the time Subject to section
14 737a, if, after the deadline for filing nonpartisan petitions,
15 not more than twice the number of candidates as there are
16 persons individuals to be elected to that office have
filed,
17 the primary for that
office shall not be held and those persons
18 individuals filing valid petitions shall be declared the nominees
19 for the offices, unless a city charter provides otherwise for
20 city offices.
21 Sec. 653b. (1) A county, city, village, or township clerk
22 or the board of a school district may cancel a general or special
23 election before the date of the election if all of the following
24 apply:
25 (a) There is no ballot question on the ballot at the
26 election.
27 (b) The deadline has passed for filing a declaration of
1 intent to be a write-in candidate under section 737a.
2 (c) There is not more than 1 candidate on the ballot for each
3 office on the ballot or, for a nonpartisan election, there are
4 not more than the number of candidates as there are individuals
5 to be elected.
6 (2) If an election is canceled under subsection (1), the
7 candidate on the ballot for each office on the ballot shall be
8 considered elected to that office for all purposes under this act
9 as if the election had occurred and the candidate had been
10 elected at the election.
11 (3) If a county, city, village, or township clerk cancels an
12 election under subsection (1), the clerk shall provide reasonable
13 notice of the cancellation to the electors of the county, city,
14 village, township, or school district.
15 Sec. 737a. (1) Except as otherwise provided in this
16 section, the board of election inspectors shall not count a
17 write-in vote for any
person an individual unless that person
18 individual has filed a declaration of intent to be a write-in
19 candidate as provided in this section. The write-in candidate
20 shall file the declaration of intent to be a write-in candidate
21 with the filing official for that elective office on or before 4
22 p.m. on the Friday
immediately preceding before the election.
23 The secretary of state, immediately after the 4 p.m. filing
24 deadline under this
subsection, shall prepare and cause to be
25 have delivered a list of
all persons individuals who have filed
26 a declaration of intent
to be a write-in candidate pursuant to
27 under this subsection ,
if any, to the appropriate county
1 clerks. A filing official other than the secretary of state who
2 receives a declaration of intent to be a write-in candidate or
3 list of persons individuals
who filed a declaration of intent
4 from another filing
official pursuant to under this subsection
5 shall prepare and cause
to be have delivered a list of all
6 persons individuals who have filed a declaration of
intent to
7 be a write-in candidate pursuant
to under this subsection to
8 the board of election inspectors in the appropriate precincts
9 before the close of the polls on election day.
10 (2) If a candidate whose name is printed on the official
11 ballot for the election dies or is otherwise disqualified on or
12 after the Wednesday
immediately preceding before the election,
13 the requirement of filing a declaration of intent to be a
14 write-in candidate under subsection (1) does not apply to a
15 write-in candidate. If a death or disqualification has occurred
16 as described in this subsection, the board of election inspectors
17 shall count all write-in votes for write-in candidates for the
18 office sought by the deceased or disqualified candidate.
19 (3) Subsections (1) and (2) do not apply to a write-in
20 candidate for precinct delegate. The board of election
21 inspectors shall not count a write-in vote for a write-in
22 candidate for precinct delegate unless that candidate has filed a
23 declaration of intent to be a write-in candidate as provided in
24 this subsection. A write-in candidate for precinct delegate
25 shall file a declaration of intent to be a write-in candidate
26 with the appropriate city or township clerk for that precinct on
27 or before 4 p.m. on the
Friday immediately preceding before the
1 election or with the board of election inspectors in the
2 appropriate precinct before the close of the polls on election
3 day. A city or township clerk who receives a declaration of
4 intent to be a write-in candidate from a write-in candidate for
5 precinct delegate pursuant
to under this subsection shall
6 prepare and cause to
be have delivered a list of all persons
7 individuals who have filed a declaration of intent to be a
8 write-in candidate pursuant
to under this subsection to the
9 board of election inspectors in the appropriate precincts before
10 the close of the polls on election day.
11 (4) Subsections (1) and (2) do not apply if, after the
12 deadline for filing nominating petitions for a district, county,
13 city, township, village, or school board member election, there
14 is not more than 1 candidate on the ballot for each office or,
15 for a nonpartisan election, there are not more than the number of
16 candidates as there are individuals to be elected. The board of
17 election inspectors shall not count a write-in vote for a
18 write-in candidate for a district, county, city, township,
19 village, or school board election under this subsection unless
20 that candidate has filed a declaration of intent to be a write-in
21 candidate with the appropriate filing official on or before 4
22 p.m. on the twenty-first day immediately before the election. A
23 filing official who receives a declaration of intent to be a
24 write-in candidate from an individual under this subsection shall
25 prepare and have delivered to the appropriate board of election
26 inspectors a list of all individuals who have filed a declaration
27 of intent to be a write-in candidate. If a candidate whose name
1 is printed on the official ballot for the election dies or is
2 otherwise disqualified on or after the twenty-third day
3 immediately before the election, the requirement of filing a
4 declaration of write-in candidate under this subsection does not
5 apply to a write-in candidate. If a death or disqualification
6 has occurred as described in this subsection, the board of
7 election inspectors shall count all write-in votes for write-in
8 candidates for the office sought by the deceased or disqualified
9 candidate.
10 (5) (4) The
secretary of state shall prescribe forms for
11 the declaration of intent
to be a write-in candidate. Clerks
12 Each clerk shall maintain a supply of declaration of intent to be
13 a write-in candidate forms in the clerk's office and make the
14 forms available in the polling places during the August primary
15 for this purpose. The declaration of intent to be a write-in
16 candidate form shall include all of the following information:
17 (a) The name of the person
individual intending to be a
18 write-in candidate.
19 (b) The elective
office that the person individual seeks as
20 a write-in candidate.
21 (c) The residence
address of the person individual seeking
22 elective office as a write-in candidate.
23 (d) Any other Other
information the secretary of state
24 considers appropriate.