September 11, 2012, Introduced by Reps. Byrum, Segal, Bauer, Tlaib, Hovey-Wright, Townsend, Hobbs, McCann, Brunner, Ananich, Smiley, Haugh, Stanley, Rutledge, Barnett, Lipton, Slavens, Switalski, Constan, Darany, Lindberg, Bledsoe, Geiss, Nathan and Brown and referred to the Committee on Redistricting and Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 558 (MCL 168.558), as amended by 2012 PA 128.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 558. (1) When filing a nominating petition, qualifying
petition, filing fee, or affidavit of candidacy for a federal,
county, state, city, township, village, or school district office
in any election, a candidate shall file with the officer with whom
the petitions, fee, or affidavit is filed 2 copies of an affidavit
of identity. A candidate nominated for a federal, state, county,
city, township, or village office at a political party convention
or caucus shall file with the secretary of state an affidavit of
identity
within 1 business day after being nominated. with the
secretary
of state. The affidavit of identity
filing requirement
does not apply to a candidate nominated for the office of president
of the United States or vice president of the United States. Except
as otherwise provided in this subsection, a candidate shall file a
nominating petition, qualifying petition, filing fee, affidavit of
candidacy, or affidavit of identity in person with the officer with
whom the petitions, fee, or affidavits are filed. The requirement
to file a nominating petition, qualifying petition, filing fee,
affidavit of candidacy, or affidavit of identity in person with the
officer with whom the petitions, fee, or affidavits are filed does
not apply to any of the following candidates:
(a) A candidate for federal office.
(b) A candidate for the office of justice of the supreme
court.
(c) A candidate for the office of judge of the court of
appeals.
(2) An affidavit of identity shall contain the candidate's
name, address, and ward and precinct where registered, if qualified
to vote at that election; a statement that the candidate is a
citizen of the United States; the candidate's number of years of
residence in the state and county; other information that may be
required to satisfy the officer as to the identity of the
candidate; the manner in which the candidate wishes to have his or
her name appear on the ballot; and a statement that the candidate
either is or is not using a name, whether a given name, a surname,
or otherwise, that is not a name that he or she was given at birth.
If a candidate is using a name that is not a name that he or she
was given at birth, the candidate shall include on the affidavit of
identity the candidate's full former name.
(3) The requirement to indicate a name change on the affidavit
of identity does not apply if the name in question is 1 of the
following:
(a) A name that was formally changed at least 10 years before
filing as a candidate.
(b) A name that was changed in a certificate of naturalization
issued by a federal district court at the time the individual
became a naturalized citizen at least 10 years before filing as a
candidate.
(c) A name that was changed because of marriage.
(d) A name that was changed because of divorce, but only if to
a legal name by which the individual was previously known.
(e) A name that constitutes a common law name as provided in
section 560b.
(4) An affidavit of identity shall include a statement that as
of the date of the affidavit, all statements, reports, late filing
fees, and fines required of the candidate or any candidate
committee organized to support the candidate's election under the
Michigan campaign finance act, 1976 PA 388, MCL 169.201 to 169.282,
have been filed or paid; and a statement that the candidate
acknowledges that making a false statement in the affidavit is
perjury, punishable by a fine up to $1,000.00 or imprisonment for
up to 5 years, or both. If a candidate files the affidavit of
identity with an officer other than the county clerk or secretary
of state, the officer shall immediately forward to the county clerk
1 copy of the affidavit of identity by first-class mail. The county
clerk shall immediately forward 1 copy of the affidavit of identity
for state and federal candidates to the secretary of state by
first-class mail. An officer shall not certify to the board of
election commissioners the name of a candidate who fails to comply
with this section.
(5)
If petitions or filing fees are filed by or in behalf of a
candidate files petitions or filing fees for more than 1 office,
either federal, state, county, city, village, township, or school
district, the terms of which run concurrently or overlap, the
candidate
so filing, or in behalf of whom petitions or fees were so
filed,
shall select the 1 office to which
his or her candidacy is
restricted within 3 days after the last day for the filing of
petitions or filing fees unless the petitions or filing fees are
filed for 2 offices that are combined or for offices that are not
incompatible. Failure to make the selection disqualifies a
candidate with respect to each office for which petitions or fees
were
so filed and the name of the candidate shall not be printed
upon the ballot for those offices. A vote cast for that candidate
at the ensuing primary or general election shall not be counted and
is void.