WRITE-IN-CANDIDATE FILING DEADLINE S.B. 462: ENROLLED ANALYSIS
Senate Bill 462 (as enrolled) PUBLIC ACT 87 of 2006
Sponsor: Senator Michael Switalski
Senate Committee: Government Operations
House Committee: House Oversight, Elections, and Ethics
Date Completed: 7-12-06
RATIONALE
Under the Michigan Election Law, a board of election inspectors may not count a write-in vote for a person unless he or she has filed a declaration of intent to be a write-in candidate. This provision was added to the Law by Public Act 461 of 1996 to relieve election workers from having to count frivolous votes, such as those for "Mickey Mouse" or for unwilling and unsuspecting people. Election officials now must count write-in votes only for individuals who appear on the official list of write-in candidates. A write-in candidate must file a declaration of intent with the filing official for the elective office by 4 p.m. on the Friday immediately preceding the election. Many local clerks, however, reportedly train election workers and generate their tally sheets during the week before the election. It was suggested that the deadline be moved up by one week.
CONTENT
The bill amends the Michigan Election Law to change the deadline to file a declaration of intent to be a write-in candidate from 4 p.m. on the Friday immediately preceding the election to 4 p.m. on the second Friday immediately before the election.
The bill will take effect on the 91st day following final adjournment of the 2006 legislative session.
MCL 168.737a
ARGUMENTS
(Please note: The arguments contained in this analysis originate from sources outside the Senate Fiscal Agency. The Senate Fiscal Agency neither supports nor opposes legislation.)
Supporting Argument
The current Friday deadline occurs so close to the day of the election that some municipal clerks do not have sufficient time to train their election workers properly. For example, some jurisdictions provide training on the Wednesday and Thursday the week before the election. It will be helpful for election officials to know at that time the names of the write-in candidates whose votes are to be tabulated at the election. Moving the filing deadline up a week will make it easier for local clerks to fulfill their duties and improve the administration of elections.
Legislative Analyst: Julie Koval
FISCAL IMPACT
The bill will have no fiscal impact on State or local government.
Fiscal Analyst: Bill BowermanAnalysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb462/0506