April 22, 2010, Introduced by Rep. Ball and referred to the Committee on Ethics and Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 198, 229, 259, 409d, 409e, 415, 416, 435, 436,
467e, and 467f (MCL 168.198, 168.229, 168.259, 168.409d, 168.409e,
168.415, 168.416, 168.435, 168.436, 168.467e, and 168.467f),
sections 409d, 409e, 415, 416, 435, 436, 467e, and 467f as amended
by 1990 PA 32, and by adding sections 357a and 357b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 198. (1) When a candidate of a political party has filed
a nominating petition or filing fee for an office and has been
nominated for the office by a political party, the candidate shall
not be permitted to withdraw unless he or she is certified as a
nominee at the subsequent state convention of the same party for a
statewide office, has removed from the county, or has become
physically unfit. If certified by a state convention for a
statewide office, the candidate is deemed to have withdrawn from
the previous nomination.
(2) When a candidate of a political party has filed a
nominating
petition or filing fee for township office or the office
of county commissioner and has been nominated for that office by a
political party, the candidate shall not be permitted to withdraw
unless he or she is certified as a nominee at the subsequent state
convention of the same party for a statewide office, has moved from
the county or from the district from which he was nominated, or has
become physically unfit. If certified by a state convention for a
statewide office, the candidate is deemed to have withdrawn from
the previous nomination.
(3) If the person who has been nominated as the candidate of a
political party for township office or the office of county
commissioner dies before the date of the election for that office,
the county political committee, or in the case of a township
office, the township political committee, of the party whose
candidate has died shall select, by majority vote, a replacement
for that person. The name of the replacement so selected shall be
transmitted to the election officials responsible for the
preparation and distribution of ballots, and the name of the
replacement shall be affixed to each ballot or voting device in
place of the name of the original candidate.
(4) A vacancy shall not be filled by the county committees
except for the above causes and as herein specified.
(5) This prohibition shall not be construed to prohibit the
withdrawal of a candidate who was nominated without having filed a
nominating petition or filing fee and whose name has been written
or placed on the ballot of a political party.
Sec. 229. When a candidate of any political party has filed
nominating
petitions or filing fee for such the office of county
auditor
and has been nominated for said the office
by said the
party, he or she shall not be permitted to withdraw unless he or
she is certified as a nominee at the subsequent state convention of
the same party for a statewide office, has removed from the county,
or
has become physically unfit. No If
certified by a state
convention for a statewide office, the candidate is deemed to have
withdrawn from the previous nomination. A vacancy shall not be
filled by the county committee except for the above causes and as
herein
specified. : Provided, That this This
prohibition shall not
be construed to prohibit the withdrawal of any candidate who has
been nominated without having nominating petitions or filing fee
and whose name has been written or placed on the ballot of any
political party.
Sec. 259. When a candidate of any political party has filed
nominating
petitions or filing fee for such the office of county
road
commissioner and has been nominated for
said the office by
said
the party, he or
she shall not be permitted to withdraw
unless
he or she is certified as a nominee at the subsequent state
convention of the same party for a statewide office, has removed
from
the county, or has become physically unfit. No If certified by
a state convention for a statewide office, the candidate is deemed
to have withdrawn from the previous nomination. A vacancy shall not
be filled by the county committee except for the causes and as
herein
specified. : Provided, That this This
prohibition shall not
be construed to prohibit the withdrawal of any candidate who has
been nominated without having filed a nominating petition or filing
fee , and whose name has been written or placed on the
ballot of
any political party.
Sec. 357a. When a candidate of a political party has filed a
nominating petition or filing fee for township office and has been
nominated for the office by a political party, the candidate shall
not be permitted to withdraw unless he or she is certified as a
nominee at the subsequent state convention of the same party for a
statewide office, has moved from the district from which he or she
was nominated, or has become physically unfit. If certified by a
state convention for a statewide office, the candidate is deemed to
have withdrawn from the previous nomination. A vacancy shall not be
filled by the township political committee except for the above
causes and as herein specified. This prohibition shall not be
construed to prohibit the withdrawal of a candidate who was
nominated without having filed a nominating petition or filing fee
and whose name has been written or placed on the ballot of a
political party.
Sec. 357b. When the candidate of a political party, after
having been nominated to township office, withdraws as provided in
section 357a, the township political committee of the party whose
candidate withdrew shall select, by majority vote, a replacement
for that person. The name of the replacement selected shall be
transmitted to the election officials responsible for the
preparation and distribution of ballots, and the name of the
replacement shall be affixed to each ballot or voting device in
place of the name of the original candidate.
Sec. 409d. (1) In each appellate court district the candidates
for office of judge of the court of appeals receiving the largest
number of votes at any primary election, to a number equal to twice
the number of persons to be elected as set forth in the report of
the board of state canvassers, based on the returns from the
various boards of county canvassers and election precincts, or as
determined by the board of state canvassers as the result of a
recount, shall be declared the nominees for the office at the next
general November election. The board of state canvassers shall
certify the nomination to the county election commissions. Subject
to section 21 of article VI of the state constitution of 1963, a
nominee for the office of judge of the court of appeals shall not
be permitted to withdraw unless he or she is certified as a nominee
at a subsequent state convention of a political party for statewide
office. If certified by a state convention for statewide office,
the candidate is deemed to have withdrawn from the previous
nomination.
(2) If, after the deadline for filing nominating petitions
under section 409b, there are fewer candidates for nomination or
nominees for the office of judge of the court of appeals than there
are persons to be elected at the general November election because
of the death, withdrawal, or disqualification of a candidate more
than 65 days before the general November election, then a person,
whether or not an incumbent, may qualify as a nominee for that
office at the general November election by filing nominating
petitions as required by section 409b. However, the filing shall be
made before 4 p.m. on the twenty-first day following the death,
withdrawal, or disqualification of the candidate or 4 p.m. on the
sixtieth day preceding the general November election, whichever is
earlier, and the minimum number of signatures required is 1,000 or
1/2 the minimum number required under section 409b, whichever is
less.
(3) The secretary of state shall certify the nomination of
each person who qualifies as a nominee under subsection (2) to the
board of election commissioners of each county in the appellate
court district for the general November election.
Sec. 409e. (1) Except as otherwise provided in this section, a
judge or judges of the court of appeals shall be elected in each
appellate court district at the general November election in which
judges of the court of appeals are to be elected as provided by
law.
(2) If there are fewer nominees for the office of judge of the
court of appeals than there are persons to be elected at the
general November election because of the death, withdrawal, or
disqualification of a nominee less than 66 days before the general
November election, then a person shall not be elected at that
general November election to any office of judge of the court of
appeals for which there is no nominee.
(3) The term of office for judge of the court of appeals shall
be 6 years, commencing at 12 noon on January 1 next following his
or her election and shall continue until a successor is elected and
qualified.
Sec. 415. (1) The candidates for the office of judge of the
circuit court receiving the largest number of votes at any primary
election, to a number equal to twice the number of persons to be
elected as set forth in the report of the board of state
canvassers, based on the returns from the various county boards of
canvassers and election precincts or as determined by the board of
state canvassers as the result of a recount, shall be declared the
nominees for the office at the next general election. The board of
state canvassers shall certify the nomination to the county
election commissions. Subject to section 21 of article VI of the
state constitution of 1963, a nominee for the office of judge of
the circuit court shall not be permitted to withdraw unless he or
she is certified as a nominee at a subsequent state convention of a
political party for statewide office. If certified by a state
convention for statewide office, the candidate is deemed to have
withdrawn from the previous nomination.
(2) If, after the deadline for filing nominating petitions
under section 413, there are fewer candidates for nomination or
nominees for the office of judge of the circuit court than there
are persons to be elected at the general November election because
of the death, withdrawal, or disqualification of a candidate more
than 65 days before the general November election, then a person,
whether or not an incumbent, may qualify as a nominee for that
office at the general November election by filing nominating
petitions as required by section 413. However, the filing shall be
made before 4 p.m. on the twenty-first day following the death,
withdrawal, or disqualification of the candidate or 4 p.m. on the
sixtieth day preceding the general November election, whichever is
earlier, and the minimum number of signatures required is 1,000 or
1/2 the minimum number required under section 413, whichever is
less.
(3) The secretary of state shall certify the nomination of
each person who qualifies as a nominee under subsection (2) to the
board of election commissioners specified by section 687 for the
general November election.
Sec. 416. (1) Except as otherwise provided in this section, a
judge or judges of the circuit court shall be elected in each
judicial circuit at the general election in which judges of the
circuit court are to be elected as provided by law.
(2) If there are fewer nominees for the office of judge of the
circuit court than there are persons to be elected at the general
November election because of the death, withdrawal, or
disqualification of a nominee less than 66 days before the general
November election, then a person shall not be elected at that
general November election to any office of judge of the circuit
court for which there is no nominee.
Sec. 435. (1) The candidates for the office of judge of
probate receiving the largest number of votes at any primary
election, to a number equal to twice the number of places to be
filled as set forth in the report of the board of county
canvassers, based on the returns from the various election
precincts or as determined by the board of county canvassers as the
result of a recount, shall be declared the nominees for the office
at the next November election. The board of county canvassers shall
certify the nominations to the county election commission. Subject
to section 21 of article VI of the state constitution of 1963, a
nominee for the office of judge of probate shall not be permitted
to withdraw unless he or she is certified as a nominee at a
subsequent state convention of a political party for statewide
office. If certified by a state convention for statewide office,
the candidate is deemed to have withdrawn from the previous
nomination.
(2) If, after the deadline for filing nominating petitions
under section 433, there are fewer candidates for nomination or
nominees for the office of judge of probate than there are persons
to be elected because of the death, withdrawal, or disqualification
of a candidate more than 65 days before the general November
election, then a person, whether or not an incumbent, may qualify
as a nominee for that office at the general November election by
filing nominating petitions with the county clerk or, in case of a
probate district, with the secretary of state in the manner
required by section 433. However, the filing shall be made before 4
p.m. on the twenty-first day following the death, withdrawal, or
disqualification of the candidate or 4 p.m. on the sixtieth day
preceding the general November election, whichever is earlier, and
the minimum number of signatures required is 1,000 or 1/2 the
minimum number required under section 433, whichever is less.
(3) The county clerk or, in case of a probate district, the
secretary of state shall certify the nomination of each person who
qualifies as a nominee under subsection (2) to the board of
election commissioners specified by section 687 for the general
November election.
Sec. 436. (1) Except as otherwise provided in this section, a
judge or judges of probate shall be elected in each probate court
district created pursuant to law and each county at the general
November election in which judges of probate are to be elected as
provided by law. Each probate court district created pursuant to
law and each county shall have that number of judges of probate as
provided by law.
(2) If there are fewer nominees for the office of judge of
probate than there are persons to be elected because of the death,
withdrawal, or disqualification of a nominee less than 66 days
before the general November election, then a person shall not be
elected at that general November election to any office of judge of
probate for which there is no nominee.
Sec. 467e. (1) The candidates for the office of judge of the
district court receiving the largest number of votes at any primary
election, to a number equal to twice the number of persons to be
elected as set forth in the report of the board of state
canvassers, based on the returns from the various county boards of
canvassers and election precincts or as determined by the board as
the result of a recount, shall be declared the nominees for the
office at the next general November election. The board of state
canvassers shall certify the nomination to the county election
commissions. Subject to section 21 of article VI of the state
constitution of 1963, a nominee for the office of judge of the
district court shall not be permitted to withdraw unless he or she
is certified as a nominee at a subsequent state convention of a
political party for statewide office. If certified by a state
convention for statewide office, the candidate is deemed to have
withdrawn from the previous nomination.
(2) If, after the deadline for filing nominating petitions
under section 467b, there are fewer candidates for nomination or
nominees for the office of judge of the district court than there
are persons to be elected because of the death, withdrawal, or
disqualification of a candidate more than 65 days before the
general November election, then a person, whether or not an
incumbent, may qualify as a nominee for that office at the general
November election by filing nominating petitions as required by
section 467b. However, the filing shall be made before 4 p.m. on
the twenty-first day following the death, withdrawal, or
disqualification of the candidate or 4 p.m. on the sixtieth day
preceding the general November election, whichever is earlier, and
the minimum number of signatures required is 1,000 or 1/2 the
minimum number required under section 467b, whichever is less.
(3) The secretary of state shall certify the nomination of
each person who qualifies as a nominee under subsection (2) to the
board of election commissioners specified by section 687 for the
general November election.
Sec. 467f. (1) Except as otherwise provided in this section,
judges of the district court shall be elected in each judicial
district and election division of a judicial district at the
general election to fill vacancies in office as of the following
January 1.
(2) If there are fewer nominees for the office of judge of the
district court than there are persons to be elected because of the
death, withdrawal, or disqualification of a nominee less than 66
days before the general November election, then a person shall not
be elected at that general November election to any office of judge
of the district court for which there is no nominee.