SB-0462, As Passed Senate, June 1, 2005

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 462

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending section 737a (MCL 168.737a), as added by 1996 PA 461.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 737a. (1) Except as otherwise provided in this section,

 

the board of election inspectors shall not count a write-in vote

 

for  any  a person unless that person has filed a declaration of

 

intent to be a write-in candidate as provided in this section. The

 

write-in candidate shall file the declaration of intent to be a

 

write-in candidate with the filing official for that elective

 

office on or before 4 p.m. on the  Friday  Tuesday immediately  

 

preceding  before the election. The secretary of state, immediately


 

after the 4 p.m. filing deadline under this subsection, shall

 

prepare and  cause to be  have delivered a list of all persons who

 

have filed a declaration of intent to be a write-in candidate  

 

pursuant to  under this subsection, if any, to the appropriate

 

county clerks. A filing official other than the secretary of state

 

who receives a declaration of intent to be a write-in candidate or

 

list of persons who filed a declaration of intent from another

 

filing official  pursuant to  under this subsection shall prepare

 

and  cause to be  have delivered a list of all persons who have

 

filed a declaration of intent to be a write-in candidate  pursuant

 

to this subsection  to the board of election inspectors in the

 

appropriate precincts before the close of the polls on election

 

day.

 

     (2) If a candidate whose name is printed on the official

 

ballot for the election dies or is otherwise disqualified on or

 

after the Wednesday immediately  preceding  before the election,

 

the requirement of filing a declaration of intent to be a write-in

 

candidate under subsection (1) does not apply to a write-in

 

candidate. If a death or disqualification has occurred as described

 

in this subsection, the board of election inspectors shall count

 

all write-in votes for write-in candidates for the office sought by

 

the deceased or disqualified candidate.

 

     (3) Subsections (1) and (2) do not apply to a write-in

 

candidate for precinct delegate. The board of election inspectors

 

shall not count a write-in vote for a write-in candidate for

 

precinct delegate unless that candidate has filed a declaration of

 

intent to be a write-in candidate as provided in this subsection. A


 

write-in candidate for precinct delegate shall file a declaration

 

of intent to be a write-in candidate with the appropriate city or

 

township clerk for that precinct on or before 4 p.m. on the Friday

 

immediately  preceding  before the election or with the board of

 

election inspectors in the appropriate precinct before the close of

 

the polls on election day. A city or township clerk who receives a

 

declaration of intent to be a write-in candidate from a write-in

 

candidate for precinct delegate  pursuant to  under this subsection

 

shall prepare and  cause to be  have delivered a list of all

 

persons who have filed a declaration of intent to be a write-in

 

candidate  pursuant to this subsection  to the board of election

 

inspectors in the appropriate precincts before the close of the

 

polls on election day.

 

     (4) The secretary of state shall prescribe forms for the

 

declaration of intent to be a write-in candidate. Clerks shall

 

maintain a supply of declaration of intent to be a write-in

 

candidate forms in the clerk's office and make the forms available

 

in the polling places during the August primary for this purpose.

 

The declaration of intent to be a write-in candidate form shall

 

include all of the following information:

 

     (a) The name of the person intending to be a write-in

 

candidate.

 

     (b) The elective office that the person seeks as a write-in

 

candidate.

 

     (c) The residence address of the person seeking elective

 

office as a write-in candidate.

 

     (d)  Any other  Other information the secretary of state


 

considers appropriate.