June 1, 2010, Introduced by Senators VAN WOERKOM, GEORGE and BIRKHOLZ and referred to the Committee on Campaign and Election Oversight.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
(MCL 168.1 to 168.992) by adding sections 181, 182, 183, 184, 185,
186, 187, 187a, 187b, 188, 189, 189a, and 189b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 181. A person is eligible for the office of
constitutional convention delegate if the person is a citizen of
the United States and is a qualified and registered elector of the
district in which he or she is a candidate by the filing deadline.
Sec. 182. In the year following the November general election
at which a proposal to convene a constitutional convention is
adopted, a statewide primary election of all political parties
shall be held on the February regular election date, at which time
the qualified and registered electors within each senatorial
district and each representative district shall vote for party
candidates for the office of constitutional convention delegate.
Sec. 183. (1) To obtain the printing of the name of a person
as a candidate for nomination by a political party for the office
of constitutional convention delegate upon the official primary
ballots, there shall be filed nominating petitions signed by a
number of qualified and registered electors residing in the
district as determined under section 544f. The nominating petitions
shall specify the senatorial district or representative district by
district number from which nomination as a constitutional
convention delegate is being sought. If the district comprises more
than 1 county, the nominating petitions shall be filed with the
secretary of state no later than 4 p.m. of the tenth Tuesday before
the February primary election. If the district comprises 1 county
or less, the nominating petitions shall be filed with the county
clerk of that county no later than 4 p.m. of the tenth Tuesday
before the February primary election. Nominating petitions shall be
in the form prescribed in section 544c.
(2) In lieu of filing a nominating petition, a nonrefundable
filing fee of $100.00 may be paid to the county clerk or, for a
candidate in a district comprising more than 1 county, to the
secretary of state. Payment of the fee and certification of the
name of the candidate paying the fee shall be governed by the same
provisions as in the case of nominating petitions. The fee shall be
deposited in the general fund of the county if taken by the county
clerk or in the state general fund if taken by the secretary of
state.
Sec. 184. After the filing of a nominating petition or filing
fee by or in behalf of a proposed candidate for the office of
constitutional convention delegate, the candidate is not permitted
to withdraw unless the candidate serves a written notice of
withdrawal on the official with whom his or her nominating
petitions or filing fee was filed, or his or her duly authorized
agent, not later than 4 p.m. of the third day after the last day
for filing the petition or filing fee.
Sec. 185. If a candidate of a political party for the office
of constitutional convention delegate, after having qualified as a
candidate, dies after the last day for qualifying as a candidate,
leaving the political party without a candidate for the office of
constitutional convention delegate, a candidate to fill the vacancy
caused by the death may be selected by 3 delegates elected by a
majority of the precinct delegates of the candidate's political
party from within the senatorial or representative district that
the constitutional convention delegate will represent. However, if
the senatorial or representative district comprises more than 1
county, the meeting shall be called and conducted by the
chairperson of the state central committee or his or her authorized
representative. The name of the candidate selected pursuant to this
section shall be transmitted not later than the sixtieth day before
the election to the county election commissions required by law to
print and distribute ballots. The county officials shall print the
name of the candidate selected pursuant to this section on the
ballot in place of the deceased candidate. If the name of the
candidate is not transmitted to the county election commissions by
the close of business on the sixtieth day before the election, the
ballot shall have no candidate for the office of constitutional
convention delegate and shall have 1 write-in line printed in the
appropriate place under the office heading.
Sec. 186. The candidates of each political party for the
office of constitutional convention delegate receiving the greatest
number of votes cast for all candidates as determined by the
appropriate board of canvassers, based on the returns from the
various election precincts or as determined by the board of
canvassers as a result of a recount, shall be declared the nominees
of that political party for the office of constitutional convention
delegate at the ensuing May regular election. If the district which
the candidate seeks to represent comprises 1 county or less, the
determination shall be by the board of county canvassers. The
county clerk of each county shall transmit to the secretary of
state within 14 days after the February primary election a
certified statement of the number of votes received by each person
for nominations as a candidate for constitutional convention
delegate, along with a copy of the determination of nomination for
districts comprising 1 county or less. The board of state
canvassers shall meet not later than 20 days after the February
primary election for the purpose of receiving the determinations of
nomination from the counties, canvassing the county returns for
districts comprising more than 1 county, and declaring the result
of the primary. The board of canvassers conducting the canvass
shall forthwith certify the nomination or nominations to the county
election commissions.
Sec. 187. (1) When a candidate of a political party has filed
a nominating petition or filing fee for the office of
constitutional convention delegate and has been nominated for the
office by a party, he or she shall not be permitted to withdraw
unless he or she has removed from the district, has become
physically unfit, or has become disqualified for any reason,
including death. A vacancy shall not be filled by the county
executive committee or committees except for the causes specified
in this section.
(2) When a vacancy occurs under subsection (1), the members
residing within the senatorial or representative district of the
county executive committees of the candidate's political party for
the counties composing the senatorial or representative district
shall meet at a time and place designated by the chairperson of the
state central committee of the political party and notice of the
meeting shall be sent to all members of the county executive
committees. The meeting shall be conducted by the secretary of the
state central committee or his or her duly authorized agent, but
the secretary or agent shall not be privileged to vote at the
meeting. A candidate to fill the vacancy shall be selected by a
majority vote of the committee members present and voting. If the
vacancy occurs for the constitutional convention delegate in a
senatorial or representative district wholly within 1 county, a
candidate to fill the vacancy shall be selected by the county
executive committee of the county by a majority vote. The name of
the candidate selected shall be certified no later than the
sixtieth day before the election by the chairperson and the
secretary of the executive committee to the secretary of state in
those districts comprising 2 or more counties and to the county
clerk in those districts contained within 1 county. The
certification shall be sent to the board of election commissioners
for each county, whose duty it is to prepare the official ballots.
The board shall cause to be printed or placed upon the ballots, in
the proper place, the name of the candidate selected and certified
to fill the vacancy. If the name of the candidate is not
transmitted to the secretary of state or county clerk by the close
of business on the sixtieth day before the election, the ballot
shall have no candidate for the office of constitutional convention
delegate and shall have 1 write-in line printed in the appropriate
place under the office heading.
Sec. 187a. The provisions of chapter XXIVA apply to the
candidates without political party affiliation who seek the office
of constitutional convention delegate.
Sec. 187b. A political party not entitled to nominate
candidates in a primary election shall nominate candidates for
constitutional convention delegate subject to section 686a. All
nominations shall be filed with the secretary of state no later
than 5 p.m. on the February regular election date in the year
following the November general election at which the proposal to
convene a constitutional convention is adopted.
Sec. 188. A constitutional convention delegate shall be
elected in each state senate district and in each state
representative district at the May regular election in the year
following the November general election at which the proposal to
convene a constitutional convention is adopted.
Sec. 189. (1) The board of state canvassers or the board of
county canvassers, as appropriate, shall determine which
constitutional convention delegate candidate in each district has
received the greatest number of votes and shall declare that
candidate to be elected. The board of state canvassers shall
proceed as prescribed in section 841. The board of county
canvassers shall proceed as prescribed in section 826.
(2) The secretary of state or the county clerk shall file in
his or her office and preserve the original statement and
determination of their respective board of canvassers of the result
of the election. The secretary of state or county clerk shall
immediately execute and cause to be delivered to the persons
declared elected to the office of constitutional convention
delegate a certificate of election certified by him or her under
the great seal of the state or the seal of the circuit court of the
county.
Sec. 189a. (1) Every person elected to the office of
constitutional convention delegate, before entering upon the duties
of his or her office, shall take and subscribe to the oath as
provided in section 1 of article XI of the state constitution of
1963.
(2) A person elected to the office of constitutional
convention delegate who desires to resign shall file a written
notice containing the effective date of the resignation with the
presiding officer of the constitutional convention, who shall
immediately transmit the written notice to the governor.
(3) The office of constitutional convention delegate shall
become vacant on the happening of any of the following events
before the expiration of the term of office:
(a) The death of the delegate.
(b) The resignation of the delegate.
(c) The removal of the delegate from office.
(d) The delegate's ceasing to be an inhabitant of the district
for which he or she was elected.
(e) The decision of a competent tribunal declaring void the
delegate's election or appointment.
(f) The refusal or neglect of the delegate to take and
subscribe to the oath of office.
(4) Regardless of any change in the boundaries of any state
senatorial or representative district, a constitutional convention
delegate shall continue to represent the district from which he or
she was elected until the term of office expires.
(5) A constitutional convention delegate may be removed from
office with the concurrence of 2/3 of all delegates elected and
serving. The reasons for removal shall be entered in the convention
journal, with the votes and names of the delegates voting upon the
questions. A delegate shall not be subject to a removal vote a
second time for the same cause.
(6) The governor shall fill a vacancy in the office of
constitutional convention delegate by appointment of a qualified
resident of the same district who shall be of the same political
party as the delegate vacating the office.
Sec. 189b. The votes cast for any candidate for the office
constitutional convention delegate at any primary or election shall
be subject to recount by the board of state canvassers as provided
in section 879.