HOUSE BILL No. 4082

January 22, 2009, Introduced by Reps. Rogers and Paul Scott and referred to the Committee on Ethics and Elections.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending section 737a (MCL 168.737a), as amended by 2006 PA 87.

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 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 second Friday immediately before the election.

The secretary of state, immediately after the 4 p.m. filing

deadline under this subsection, shall prepare and have delivered a

list of all persons who have filed a declaration of intent to be a

write-in candidate 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 under this subsection shall

prepare and have delivered a list of all persons who have filed a

declaration of intent to be a write-in candidate 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 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) Except as otherwise provided in this subsection, a

candidate for an office whose name is printed on a primary election

ballot and who loses the primary election shall not be eligible to

file a declaration of intent to be a write-in candidate for that

same office at the general election. This prohibition does not

apply if a candidate whose name is printed on the general election

ballot for that office dies or is otherwise disqualified before the

general election.

(4) ~~(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 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 under this subsection shall prepare

and have delivered a list of all persons who have filed a

declaration of intent to be a write-in candidate to the board of

election inspectors in the appropriate precincts before the close

of the polls on election day.

(5) ~~(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