HB-5152, As Passed House, March 27, 2014HB-5152, As Passed Senate, March 27, 2014

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 5152

 

 

 

 

 

 

 

 

 

 

 

      A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 209, 239, 269, 311, 370, 370a, 386, 388,

 

409l, 424, 444, 467m, 509gg, 544c, 558, and 659 (MCL 168.209,

 

168.239, 168.269, 168.311, 168.370, 168.370a, 168.386, 168.388,

 

168.409l, 168.424, 168.444, 168.467m, 168.509gg, 168.544c,

 

168.558, and 168.659), sections 209, 239, and 269 as amended by

 

1990 PA 7, section 311 as amended by 2004 PA 289, sections 370

 

and 509gg as amended by 2005 PA 71, section 370a as amended by

 

1990 PA 83, sections 386 and 388 as added and sections 558 and

 

659 as amended by 2012 PA 586, sections 409l, 424, 444, and 467m

 

as amended by 1999 PA 218, and section 544c as amended by 2002 PA

 

431.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 


 1        Sec. 209. If a vacancy occurs in an elective or appointive

 

 2  county office, it shall be filled in the following manner:

 

 3        (1) If the vacancy is in the office of county clerk or

 

 4  prosecuting attorney, it shall be filled by appointment by the

 

 5  judge or judges of that judicial circuit.

 

 6        (2) If the vacancy is in any other county office, the

 

 7  presiding or senior judge of probate, the county clerk, and the

 

 8  prosecuting attorney shall appoint a suitable person to fill the

 

 9  vacancy.

 

10        (3) A person appointed shall take and subscribe to the oath

 

11  as provided in section 1 of article XI of the state constitution

 

12  of 1963, give bond in the manner required by law, and hold office

 

13  for the remainder of the unexpired term and until a successor is

 

14  elected and qualified. However, if the next general November

 

15  election is to be held more than 182 days after the vacancy

 

16  occurs, and it vacancy occurs more than 7 days before the

 

17  nominating petition filing deadline as provided in section 193

 

18  for the general November election that is not the general

 

19  November election at which a successor in office would be elected

 

20  if there were no vacancy, the person appointed shall hold office

 

21  only until a successor is elected at the next general November

 

22  election in the manner provided by law and qualifies for office.

 

23  The successor shall hold the office for the remainder of the

 

24  unexpired term.

 

25        Sec. 239. If a vacancy occurs in the office of county

 

26  auditor, a qualified person shall be appointed to fill the

 

27  vacancy by a committee consisting of the presiding or senior

 


 1  judge of probate, the county clerk, and the prosecuting attorney

 

 2  of the county, 2 of whom shall constitute a quorum. The person

 

 3  appointed shall take the oath of office, as provided in section 1

 

 4  of article XI of the state constitution of 1963, give bond in the

 

 5  manner required by law, and hold office for the remainder of the

 

 6  unexpired term and until a successor is elected and qualified.

 

 7  However, if the next general November election is to be held more

 

 8  than 182 days after the vacancy occurs, and it vacancy occurs

 

 9  more than 7 days before the nominating petition filing deadline

 

10  as provided in section 224 for the general November election that

 

11  is not the general November election at which a successor in

 

12  office would be elected if there were no vacancy, the person

 

13  appointed shall hold office only until a successor is elected at

 

14  the next general November election in the manner provided by law

 

15  and qualifies for office. The successor shall hold the office for

 

16  the remainder of the unexpired term.

 

17        Sec. 269. If a vacancy occurs in the office of county road

 

18  commissioner, a qualified person shall be appointed to fill the

 

19  vacancy by the county board of commissioners. The person so

 

20  appointed shall take the oath of office, give bond in the manner

 

21  required by law, and hold office for the remainder of the

 

22  unexpired term and until a successor is elected and qualified.

 

23  However, in a county in which county road commissioners are

 

24  elected, if the next general November election is to be held more

 

25  than 182 days after the vacancy occurs, and it vacancy occurs

 

26  more than 7 days before the nominating petition filing deadline

 

27  as provided in section 254 for the general November election that

 


 1  is not the general November election at which a successor in

 

 2  office would be elected if there were no vacancy, the person

 

 3  appointed shall hold office only until a successor is elected at

 

 4  the next general November election in the manner provided by law

 

 5  and qualifies for office. The successor shall hold the office for

 

 6  the remainder of the unexpired term.

 

 7        Sec. 311. (1) If less than a majority of the offices of

 

 8  school board member of a school district become vacant, the

 

 9  remaining school board members shall fill each vacant office by

 

10  appointment. If a vacancy in the office of school board member is

 

11  not filled within 30 days after the vacancy occurs or if a

 

12  majority of the offices of school board member of a school

 

13  district become vacant, the intermediate school board for that

 

14  school district shall fill each vacancy by appointment. An

 

15  individual appointed under this subsection serves until a

 

16  successor is elected and qualified.

 

17        (2) If a vacancy occurs in an office of school board member

 

18  more than 90 7 days before a regular school election, an election

 

19  shall be held at that regular school election to fill that office

 

20  for the remainder of the office's unexpired term, if any. The

 

21  nominating petition filing deadline as provided in section 303

 

22  for the general November election that is not the general

 

23  November election at which a successor in office would be elected

 

24  if there were no vacancy, the person appointed shall hold office

 

25  only until a successor is elected at the next general November

 

26  election in the manner provided by law and qualifies for office.

 

27  The successor shall hold the office for the remainder of the

 


 1  unexpired term. This subsection applies regardless of whether an

 

 2  individual is appointed under subsection (1) to fill the vacancy.

 

 3        (3) Within 3 days after an appointment is made to fill a

 

 4  vacancy in an elected office in a school district, the secretary

 

 5  of the school board shall notify the school district election

 

 6  coordinator, in writing, of the name, address, and office of the

 

 7  person who vacated the office as well as the person filling the

 

 8  office.

 

 9        Sec. 370. (1) Except as provided in section 370a or

 

10  subsection (2), if a vacancy occurs in an elective or appointive

 

11  township office, the vacancy shall be filled by appointment by

 

12  the township board, and the person appointed shall hold the

 

13  office for the remainder of the unexpired term.

 

14        (2) If 1 or more vacancies occur in an elective township

 

15  office that cause the number of members serving on the township

 

16  board to be less than the minimum number of board members that is

 

17  required to constitute a quorum for the transaction of business

 

18  by the board, the board of county election commissioners shall

 

19  make temporary appointment of the number of members required to

 

20  constitute a quorum for the transaction of business by the

 

21  township board. An official appointed under this subsection shall

 

22  hold the office only until the official's successor is elected or

 

23  appointed and qualified. An official who is temporarily appointed

 

24  under this subsection shall not vote on the appointment of

 

25  himself or herself to an elective or appointive township office.

 

26        (3) If a township official submits a written resignation

 

27  from an elective township office, for circumstances other than a

 


 1  resignation related to a recall election, that specifies a date

 

 2  and time when the resignation is effective, the township board,

 

 3  within 30 days before that effective date and time, may appoint a

 

 4  person to fill the vacancy at the effective date and time of the

 

 5  resignation. The resigning official shall not vote on the

 

 6  appointment.

 

 7        (4) Except as provided in subsection (5), if the township

 

 8  board does not make an appointment under subsection (3), or if a

 

 9  vacancy occurs in an elective township office and the vacancy is

 

10  not filled by the township board or the board of county election

 

11  commissioners within 45 days after the beginning of the vacancy,

 

12  the county clerk of the county in which the township is located

 

13  shall call a special election within 5 calendar days to fill the

 

14  vacancy. Not later than 4 p.m. on the fifteenth calendar day

 

15  after the county clerk calls a special election pursuant to under

 

16  this section, the township party committee for each political

 

17  party in the township shall submit a nominee to fill the vacancy.

 

18  The special election shall be held on the next regular election

 

19  date that is not less than 60 days after the deadline for

 

20  submitting nominees under this section or 70 days after the

 

21  deadline for submitting nominees under this section if the next

 

22  regular election date is the even year August primary or the

 

23  general November election. Notice of the special election shall

 

24  be given in the same manner required by section 653a. A special

 

25  election called under this section does not affect the rights of

 

26  a qualified elector to register for any other election. A person

 

27  elected to fill a vacancy shall serve for the remainder of the

 


 1  unexpired term.

 

 2        (5) Subsection (4) does not apply to the office of township

 

 3  constable. If a vacancy occurs in the office of township

 

 4  constable, the township board shall determine if and when the

 

 5  vacancy shall be filled by appointment. If the township board

 

 6  does not fill the vacancy by appointment, the office of township

 

 7  constable shall remain vacant until the next general or special

 

 8  election in which township offices are filled.

 

 9        Sec. 370a. Notwithstanding the provisions of section 370, if

 

10  a vacancy occurs in an elective or appointive township office,

 

11  which vacancy is filled by appointment by the township board or

 

12  the board of county election commissioners and the next general

 

13  November election is to be held more than 182 days after the

 

14  vacancy occurs, which election vacancy occurs more than 7 days

 

15  before the nominating petition filing deadline as provided in

 

16  section 349 for the general November election that is not the

 

17  general November election at which a successor in office would be

 

18  elected if no vacancy, then the person appointed shall hold

 

19  office only until a successor is elected at the next general

 

20  November election in the manner provided by law and qualifies for

 

21  office. The successor shall hold the office for the remainder of

 

22  the unexpired term.

 

23        Sec. 386. (1) For an individual's name to appear on the

 

24  official ballot as a candidate for metropolitan district officer,

 

25  the candidate shall file a nominating petition and the affidavit

 

26  required by section 558 with the metropolitan district election

 

27  coordinator not later than 4 p.m. on the twelfth fifteenth

 


 1  Tuesday before the election date. The nominating petitions shall

 

 2  be signed by a number of qualified and registered electors

 

 3  residing in the metropolitan district as determined under section

 

 4  544f.

 

 5        (2) The nominating petition shall be substantially in the

 

 6  form prescribed in section 544c, except that the petition shall

 

 7  be nonpartisan and shall include the following opening paragraph:

 

 

     We, the undersigned, registered and qualified voters

of the city or township of _______________________________

10 and residents of the _______________________________, the

11                     (legal name of metropolitan district)

12 county of _____________________________, state of Michigan,

13 nominate   __________________________________________________

14                           (name of candidate)

15 _______________________________     ________________________,

16     (street address)                   (city or township)

17 a registered and qualified elector of the metropolitan district

18 as an officer of the legislative body of the metropolitan

19 district for a term of ____ years, expiring _____, to be

20 voted for at the election to be held on the ______ day of

21 _________________________, ___________________.

22        (month)                    (year)

 

 

23        (3) An elector shall not sign petitions for more candidates

 

24  than are to be elected.

 

25        (4) A nominating petition filed under this chapter is

 

26  subject to the examination and investigation process prescribed

 

27  in section 552 as to its sufficiency and the validity and

 

28  genuineness of the signatures on the nominating petition, and to

 


 1  the other procedures prescribed in that section relevant to a

 

 2  petition filed under this chapter.

 

 3        (5) After a nominating petition is filed for a candidate for

 

 4  metropolitan district officer, the candidate is not permitted to

 

 5  withdraw unless a written withdrawal notice, signed by the

 

 6  candidate, is filed with the metropolitan district election

 

 7  coordinator not later than 4 p.m. of the third day after the last

 

 8  day for filing the nominating petition.

 

 9        Sec. 388. (1) If less than a majority of the offices of

 

10  metropolitan district officer of a metropolitan district become

 

11  vacant, the remaining metropolitan district officers shall fill

 

12  each vacant office by appointment. If a vacancy in the office of

 

13  metropolitan district officer is not filled within 30 days after

 

14  the vacancy occurs or if a majority of the offices of

 

15  metropolitan district officer of a metropolitan district become

 

16  vacant, the county election commission of the county in which the

 

17  largest number of registered electors of the metropolitan

 

18  district reside shall fill each vacancy by appointment. An

 

19  individual appointed under this subsection serves until a

 

20  successor is elected and qualified.

 

21        (2) If a vacancy occurs in an office of metropolitan

 

22  district officer more than 90 7 days before a regular

 

23  metropolitan district election, an election shall be held at that

 

24  regular metropolitan district election to fill that office for

 

25  the remainder of the officer's unexpired term, if any. The

 

26  nominating petition filing deadline as provided in section 386

 

27  for the regular metropolitan district election that is not the

 


 1  regular metropolitan district election at which a successor in

 

 2  office would be elected if there were no vacancy, the person

 

 3  appointed shall hold office only until a successor is elected at

 

 4  the next regular metropolitan district election in the manner

 

 5  provided by law and qualifies for office. The successor shall

 

 6  hold the office for the remainder of the unexpired term. This

 

 7  subsection applies regardless of whether an individual is

 

 8  appointed under subsection (1) to fill the vacancy.

 

 9        (3) Within 3 days after an appointment is made to fill a

 

10  vacancy in an elected office in a metropolitan district, the

 

11  secretary of the legislative body of the metropolitan district

 

12  shall notify the metropolitan district election coordinator, in

 

13  writing, of the name, address, and office of the person who

 

14  vacated the office as well as the person filling the office.

 

15        Sec. 409l. (1) If a vacancy occurs in the office of judge of

 

16  the court of appeals, the governor shall appoint a successor to

 

17  fill the vacancy. Except as otherwise provided in section

 

18  409b(8), the person appointed by the governor shall be considered

 

19  an incumbent for purposes of this act. The person appointed by

 

20  the governor shall hold office until 12 noon of January 1

 

21  following the next general November election at which a successor

 

22  is elected and qualified.

 

23        (2) Except as otherwise provided in section 409d(2),

 

24  candidates shall be nominated at the next fall primary held at

 

25  least 105 days after the vacancy occurs, to fill the vacancy in

 

26  the manner provided in this chapter for the nomination of

 

27  candidates for judge of the court of appeals. The vacancy shall

 


 1  be filled at the general November election next following the

 

 2  primary if the vacancy occurs more than 7 days before the

 

 3  nominating petition filing deadline as provided in section 409b

 

 4  for the general November election that is not the general

 

 5  November election at which a successor in office would be elected

 

 6  if there were no vacancy, the person appointed shall hold office

 

 7  only until a successor is elected at the next general November

 

 8  election in the manner provided for in this chapter for the

 

 9  election of judges of the court of appeals. The person elected

 

10  shall hold office for the remainder of the unexpired term.

 

11        Sec. 424. (1) If a vacancy occurs in the office of circuit

 

12  judge, the governor shall appoint a successor to fill the

 

13  vacancy. Except as otherwise provided in section 424a(3), the

 

14  person appointed by the governor shall be considered an incumbent

 

15  for purposes of this act. The person appointed by the governor

 

16  shall hold office until 12 noon of January 1 following the next

 

17  general November election at which a successor is elected and

 

18  qualified.

 

19        (2) Except as otherwise provided in section 415(2), at the

 

20  next fall primary election held at least 105 days after the

 

21  vacancy occurs, candidates shall be nominated to fill the vacancy

 

22  in the manner provided in this chapter for the nomination of

 

23  candidates for circuit judge. The vacancy shall be filled at the

 

24  general November election next following the primary if the

 

25  vacancy occurs more than 7 days before the nominating petition

 

26  filing deadline as provided in section 413 for the general

 

27  November election that is not the general November election at

 


 1  which a successor in office would be elected if there were no

 

 2  vacancy, the person appointed shall hold office only until a

 

 3  successor is elected at the next general November election in the

 

 4  manner provided in this chapter for the election of circuit

 

 5  judges. The person elected shall hold office for the remainder of

 

 6  the unexpired term.

 

 7        Sec. 444. (1) If a vacancy occurs in the office of judge of

 

 8  probate, the governor shall appoint a successor to fill the

 

 9  vacancy. Except as otherwise provided in section 435a(2), the

 

10  person appointed by the governor shall be considered an incumbent

 

11  for purposes of this act and shall hold office until 12 noon of

 

12  January 1 following the next general November election at which a

 

13  successor is elected and qualified.

 

14        (2) Except as otherwise provided in section 435(2), at the

 

15  next primary election held at least 105 days after the vacancy

 

16  occurs, candidates shall be nominated to fill the vacancy in the

 

17  manner provided for in this chapter for the nomination of

 

18  candidates for judge of probate. The vacancies shall be filled at

 

19  the general November election next following the primary if the

 

20  vacancy occurs more than 7 days before the nominating petition

 

21  filing deadline as provided in section 433 for the general

 

22  November election that is not the general November election at

 

23  which a successor in office would be elected if there were no

 

24  vacancy, the person appointed shall hold office only until a

 

25  successor is elected at the next general November election in the

 

26  manner provided for in this chapter for the election of judges of

 

27  probate. The person elected shall hold office for the remainder

 


 1  of the unexpired term.

 

 2        Sec. 467m. (1) If a vacancy occurs in the office of district

 

 3  judge, the governor shall appoint a successor to fill the

 

 4  vacancy. Except as otherwise provided in section 467c(4), the

 

 5  person appointed by the governor shall be considered an incumbent

 

 6  for purposes of this act and shall hold office until 12 noon of

 

 7  January 1 following the next general November election at which a

 

 8  successor is elected and qualified.

 

 9        (2) Except as otherwise provided in section 467e(2),

 

10  candidates shall be nominated at the next fall primary held at

 

11  least 105 days after the vacancy occurs, to fill the vacancy in

 

12  the manner provided for in this chapter for the nomination of

 

13  candidates for district court judge. The vacancy shall be filled

 

14  at the general November election next following the primary if

 

15  the vacancy occurs more than 7 days before the nominating

 

16  petition filing deadline as provided in section 467b for the

 

17  general November election that is not the general November

 

18  election at which a successor in office would be elected if there

 

19  were no vacancy, the person appointed shall hold office only

 

20  until a successor is elected at the next general November

 

21  election in the manner provided for in this chapter for the

 

22  election of district court judges. The person elected shall hold

 

23  office for the remainder of the unexpired term.

 

24        Sec. 509gg. (1) The information described in this section

 

25  subsection that is contained in a registration record is exempt

 

26  from disclosure under the freedom of information act, 1976 PA

 

27  442, MCL 15.231 to 15.246. The secretary of state, a designated

 


 1  voter registration agency, or a county, city, township, or

 

 2  village clerk shall not release a copy of that portion of a

 

 3  registration record that contains any of the following:

 

 4        (a) The record that a person declined to register to vote.

 

 5        (b) The office that received a registered voter's

 

 6  application.

 

 7        (c) A registered voter's driver's license or state personal

 

 8  identification card number.

 

 9        (d) The month and day of birth of a registered voter.

 

10        (e) The telephone number provided by the a registered voter.

 

11        (f) The digitized signature of an elector that is captured

 

12  or reproduced and transmitted to the qualified voter file by the

 

13  secretary of state or a county, city, or township clerk under

 

14  section 509hh or by the secretary of state under section 307 of

 

15  the Michigan vehicle code, 1949 PA 300, MCL 257.307.

 

16        (2) Except as otherwise provided in this subsection, the

 

17  last 4 digits of a registered voter's social security number

 

18  contained in a registration record are exempt from disclosure

 

19  under the freedom of information act, 1976 PA 442, MCL 15.231 to

 

20  15.246. The last 4 digits of a registered voter's social security

 

21  number contained in a registration record may only be used by the

 

22  secretary of state to verify a registered voter's data as

 

23  provided by the help America vote act of 2002 and to verify a

 

24  registered voter's status under this act, and shall not be used

 

25  or released for any other purpose.

 

26        Sec. 544c. (1) A nominating petition shall be 8-1/2 inches

 

27  by 14 inches in size. On a nominating petition, the words

 


 1  "nominating petition" shall be printed in 24-point boldface type.

 

 2  "We, the undersigned," et cetera shall be printed in 8-point

 

 3  type. "Warning" and language in the warning shall be printed in

 

 4  12-point boldface type. The balance of the petition shall be

 

 5  printed in 8-point type. The name, address, and party affiliation

 

 6  of the candidate and the office for which petitions are signed

 

 7  shall be printed in type not larger than 24-point. The Subject to

 

 8  subsection (6), the petition shall be in the following form:

 

 

                       NOMINATING PETITION

10                             (PARTISAN)

11      We, the undersigned, registered and qualified voters

12 of the city or township of .................. , in the county

13          (strike 1)

14 of ................... and state of Michigan, nominate,

15 ...........................................................  ,

16                       (Name of Candidate)

17 ...........................................................  ,

18   (Street Address or Rural Route)      (City or Township)

19 as a candidate of the ................... party for the

20 office of  .......................... ,

21 ...........................................................  ,

22                       (District, if any)

23 to be voted for at the primary election to be held on

24 the ............ day of ............. , 20 ........ .

25                            WARNING

26      A person who knowingly signs more petitions for the same

27 office than there are persons to be elected to the office or

28 signs a name other than his or her own is violating the

29 provisions of the Michigan election law.


 

   Printed     Street Address

   Name and         or                         Date of Signing

   Signature    Rural Route     Zip Code      Mo.     Day    Year

1.  ____________________________________________________________

2.  ____________________________________________________________

3.  ____________________________________________________________

4.  ____________________________________________________________

10 numbered lines as above

11                      CERTIFICATE OF CIRCULATOR

 

 

12        The undersigned circulator of the above petition asserts

 

13  that he or she is qualified to circulate this petition and that

 

14  each signature on the petition was signed in his or her presence;

 

15  and that, to his or her best knowledge and belief, each signature

 

16  is the genuine signature of the person purporting to sign the

 

17  petition, the person signing the petition was at the time of

 

18  signing a qualified registered elector of the city or township

 

19  listed in the heading of the petition, and the elector was

 

20  qualified to sign the petition.

 

21        Circulator—Do not sign or date certificate until after

 

22  circulating petition.

 

 

23                  __________________________________________________

24                  (Printed Name and Signature of Circulator)  (Date)

25                  __________________________________________________

26                  (City or Township Where Registered)

27                  [or, for petitions a petition under section 482, a

28                  qualifying petition for an office named in section

29                  590b(4), or a petition to form a new political party

30                  under section 685


                 "(City or Township Where Registered or Qualified to

                 be Registered, if a resident of this state)"]

                 __________________________________________________

                 (Complete Residence Address (Street and Number

                 or Rural Route)

                 __________________________________________________

                   (Zip Code)

 

 

 8        Warning-A circulator knowingly making a false statement in

 

 9  the above certificate, a person not a circulator who signs as a

 

10  circulator, or a person who signs a name other than his or her

 

11  own as circulator is guilty of a misdemeanor.

 

12        (2) The petition shall be in a form providing a space for

 

13  the circulator and each elector who signs the petition to print

 

14  his or her name. The secretary of state shall prescribe the

 

15  location of the space for the printed name. The failure of the

 

16  circulator or an elector who signs the petition to print his or

 

17  her name, to print his or her name in the location prescribed by

 

18  the secretary of state, or to enter a zip code or his or her

 

19  correct zip code does not affect the validity of the signature of

 

20  the circulator or the elector who signs the petition. A printed

 

21  name located in the space prescribed for printed names does not

 

22  constitute the signature of the circulator or elector. If an

 

23  elector does not include his or her signature, his or her street

 

24  address or rural route, or the date of signing on the petition as

 

25  required under subsection (1), the elector's signature is invalid

 

26  and shall not be counted by a filing official.

 

27        (3) At the time of circulation, the circulator of a petition

 

28  shall be a registered elector of this state. At the time of

 

29  executing the certificate of circulator, the circulator shall be


 

 1  registered in the city or township indicated in the certificate

 

 2  of circulator on the petition. However, the circulator of a

 

 3  petition under section 482, need only a qualifying petition for

 

 4  an office named in section 590(b)(4), or a petition to form a new

 

 5  political party under section 685 either shall be a registered

 

 6  elector of this state or qualified to be a registered elector of

 

 7  this state at the time of circulation and at the time of

 

 8  executing the certificate of circulator, or, if not a resident of

 

 9  this state, shall be at least 18 years of age, a United States

 

10  citizen, and shall sign an irrevocable written stipulation

 

11  concerning legal process as provided in subsection (4).

 

12        (4) If the circulator of a petition under section 482, a

 

13  qualifying petition for an office named in section 590b(4), or a

 

14  petition to form a new political party under section 685 is not a

 

15  resident of this state, the circulator shall submit to the

 

16  sponsor of the petition a signed, irrevocable written stipulation

 

17  agreeing to accept the jurisdiction of this state for the purpose

 

18  of any legal proceeding or hearing initiated under section 476,

 

19  552, 590f(2), or 685 that concerns a petition sheet executed by

 

20  the circulator and agreeing that legal process served on the

 

21  secretary of state or a designated agent of the secretary of

 

22  state has the same effect as if personally served on the

 

23  circulator. The irrevocable written stipulation shall also

 

24  include the circulator's residential address, mailing address, if

 

25  different than his or her residential address, telephone number,

 

26  and electronic mail address. The irrevocable written stipulation

 

27  remains in effect for the pendency of any proceeding concerning


 

 1  the petition sheet signed by the circulator. The irrevocable

 

 2  written stipulation shall be preserved by the sponsor of the

 

 3  petition for 1 year and shall be made available to the secretary

 

 4  of state, a designated agent of the secretary of state, or the

 

 5  board of state canvassers immediately upon request.

 

 6        (5) If the secretary of state or a designated agent of the

 

 7  secretary of state is served with legal process as described in

 

 8  subsection (4), the secretary of state shall promptly notify the

 

 9  circulator by personal service or certified mail at the

 

10  circulator's residential address as indicated in the certificate

 

11  of circulator or the irrevocable written stipulation.

 

12        (6) Subject to subsection (7), the following language shall

 

13  be added to the certificate of circulator of a petition under

 

14  section 482, a qualifying petition for an office named in section

 

15  590b(4), or a petition to form a new political party under

 

16  section 685:

 

17        If at the time of circulating the petition and executing the

 

18  certificate of circulator the undersigned circulator is not

 

19  qualified to be a registered elector of this state, he or she

 

20  agrees that any legal process concerning a petition sheet

 

21  executed by the circulator served on the secretary of state or a

 

22  designated agent of the secretary of state has the same effect as

 

23  if personally served on the circulator.

 

24        (7) A petition described in subsection (6) that is approved

 

25  as to form by the board of state canvassers before the effective

 

26  date of the 2014 amendatory act that added this subsection and

 

27  that is in circulation for the 2014 general election is not


 

 1  required to contain the added language to the certificate of

 

 2  circulator provided in subsection (6). However, the circulator of

 

 3  a petition described in subsection (6) who is not a resident of

 

 4  this state shall comply with the requirements under subsection

 

 5  (4).

 

 6        (8) (4) The circulator of a petition shall sign and date the

 

 7  certificate of circulator before the petition is filed. A

 

 8  circulator shall not obtain electors' signatures after the

 

 9  circulator has signed and dated the certificate of circulator. A

 

10  filing official shall not count electors' signatures that were

 

11  obtained after the date the circulator signed the certificate or

 

12  that are contained in a petition that the circulator did not sign

 

13  and date.

 

14        (9) (5) Except as provided in section 544d, a petition sheet

 

15  shall not be circulated in more than 1 city or township and each

 

16  signer of a petition sheet shall be a registered elector of the

 

17  city or township indicated in the heading of the petition sheet.

 

18  The invalidity of 1 or more signatures on a petition does not

 

19  affect the validity of the remainder of the signatures on the

 

20  petition.

 

21        (10) (6) An individual shall not sign more nominating

 

22  petitions for the same office than there are persons to be

 

23  elected to the office. An individual who violates this subsection

 

24  is guilty of a misdemeanor.

 

25        (11) (7) An individual shall not do any of the following:

 

26        (a) Sign a petition with a name other than his or her own.

 

27        (b) Make a false statement in a certificate on a petition.


 

 1        (c) If not a circulator, sign a petition as a circulator.

 

 2        (d) Sign a name as circulator other than his or her own.

 

 3        (12) (8) An individual who violates subsection (7) (11) is

 

 4  guilty of a misdemeanor punishable by a fine of not more than

 

 5  $500.00 or imprisonment for not more than 93 days, or both.

 

 6        (13) (9) If after a canvass and a hearing on a petition

 

 7  under section 476 or 552 the board of state canvassers determines

 

 8  that an individual has knowingly and intentionally failed to

 

 9  comply with subsection (7), (11), the board of state canvassers

 

10  may impose 1 or more of the following sanctions:

 

11        (a) Disqualify obviously fraudulent signatures on a petition

 

12  form on which the violation of subsection (7) (11) occurred,

 

13  without checking the signatures against local registration

 

14  records.

 

15        (b) Disqualify from the ballot a candidate who committed,

 

16  aided or abetted, or knowingly allowed the violation of

 

17  subsection (7) (11) on a petition to nominate that candidate.

 

18        (14) (10) If an individual violates subsection (7) (11) and

 

19  the affected petition sheet is filed, each of the following who

 

20  knew of the violation of subsection (7) (11) before the filing of

 

21  the affected petition sheet and who failed to report the

 

22  violation to the secretary of state, the filing official, if

 

23  different, the attorney general, a law enforcement officer, or

 

24  the county prosecuting attorney is guilty of a misdemeanor,

 

25  punishable by a fine of not more than $500.00 or imprisonment for

 

26  not more than 1 year, or both:

 

27        (a) The circulator of the petition, if different than the


 

 1  individual who violated subsection (7).(11).

 

 2        (b) If the petition is a nominating petition, the candidate

 

 3  whose nomination is sought.

 

 4        (c) If the petition is a petition for a ballot question or

 

 5  recall, the organization or other person sponsoring the petition

 

 6  drive.

 

 7        (15) (11) If after a canvass and a hearing on a petition

 

 8  under section 476 or 552 the board of state canvassers determines

 

 9  that an individual has violated subsection (10), (14), the board

 

10  of state canvassers may impose 1 or more of the following

 

11  sanctions:

 

12        (a) Impose on the organization or other person sponsoring

 

13  the petition drive an administrative fine of not more than

 

14  $5,000.00.

 

15        (b) Charge the organization or other person sponsoring the

 

16  petition drive for the costs of canvassing a petition form on

 

17  which a violation of subsection (7) (11) occurred.

 

18        (c) Disqualify an organization or other person described in

 

19  subdivision (a) from collecting signatures on a petition for a

 

20  period of not more than 4 years.

 

21        (d) Disqualify obviously fraudulent signatures on a petition

 

22  form on which a violation of subsection (7) (11) occurred without

 

23  checking the signatures against local registration records.

 

24        (e) Disqualify from the ballot a candidate who committed,

 

25  aided or abetted, or knowingly allowed a violation of subsection

 

26  (7) (11) on a petition to nominate that candidate.

 

27        (16) (12) If an individual refuses to comply with a subpoena


 

 1  of the board of state canvassers in an investigation of an

 

 2  alleged violation of subsection (7) (11) or (10), (14), the board

 

 3  may hold the canvass of the petitions in abeyance until the

 

 4  individual complies.

 

 5        (17) (13) A person who aids or abets another in an act that

 

 6  is prohibited by this section is guilty of that act.

 

 7        (18) (14) The provisions of this section except as otherwise

 

 8  expressly provided apply to all petitions circulated under

 

 9  authority of the election law.

 

10        Sec. 558. (1) When filing a nominating petition, qualifying

 

11  petition, filing fee, or affidavit of candidacy for a federal,

 

12  county, state, city, township, village, metropolitan district, or

 

13  school district office in any election, a candidate shall file

 

14  with the officer with whom the petitions, fee, or affidavit is

 

15  filed 2 copies of an affidavit of identity. A candidate nominated

 

16  for a federal, state, county, city, township, or village office

 

17  at a political party convention or caucus shall file an affidavit

 

18  of identity within 1 business day after being nominated with the

 

19  secretary of state. The affidavit of identity filing requirement

 

20  does not apply to a candidate nominated for the office of

 

21  president of the United States or vice president of the United

 

22  States.

 

23        (2) An affidavit of identity shall contain the candidate's

 

24  name, address, and ward and precinct where registered, if

 

25  qualified to vote at that election; a statement that the

 

26  candidate is a citizen of the United States; the candidate's

 

27  number of years of residence in the state and county; other


 

 1  information that may be required to satisfy the officer as to the

 

 2  identity of the candidate; the manner in which the candidate

 

 3  wishes to have his or her name appear on the ballot; and a

 

 4  statement that the candidate either is or is not using a name,

 

 5  whether a given name, a surname, or otherwise, that is not a name

 

 6  that he or she was given at birth. If a candidate is using a name

 

 7  that is not a name that he or she was given at birth, the

 

 8  candidate shall include on the affidavit of identity the

 

 9  candidate's full former name.

 

10        (3) The requirement to indicate a name change on the

 

11  affidavit of identity does not apply if the name in question is 1

 

12  of the following:

 

13        (a) A name that was formally changed at least 10 years

 

14  before filing as a candidate.

 

15        (b) A name that was changed in a certificate of

 

16  naturalization issued by a federal district court at the time the

 

17  individual became a naturalized citizen at least 10 years before

 

18  filing as a candidate.

 

19        (c) A name that was changed because of marriage.

 

20        (d) A name that was changed because of divorce, but only if

 

21  to a legal name by which the individual was previously known.

 

22        (e) A name that constitutes a common law name as provided in

 

23  section 560b.

 

24        (4) An affidavit of identity shall include a statement that

 

25  as of the date of the affidavit, all statements, reports, late

 

26  filing fees, and fines required of the candidate or any candidate

 

27  committee organized to support the candidate's election under the


 

 1  Michigan campaign finance act, 1976 PA 388, MCL 169.201 to

 

 2  169.282, have been filed or paid; and a statement that the

 

 3  candidate acknowledges that making a false statement in the

 

 4  affidavit is perjury, punishable by a fine up to $1,000.00 or

 

 5  imprisonment for up to 5 years, or both. If a candidate files the

 

 6  affidavit of identity with an officer other than the county clerk

 

 7  or secretary of state, the officer shall immediately forward to

 

 8  the county clerk 1 copy of the affidavit of identity by first-

 

 9  class mail. The county clerk shall immediately forward 1 copy of

 

10  the affidavit of identity for state and federal candidates to the

 

11  secretary of state by first-class mail. An officer shall not

 

12  certify to the board of election commissioners the name of a

 

13  candidate who fails to comply with this section.

 

14        (5) If petitions or filing fees are filed by or in behalf of

 

15  a candidate for more than 1 office, either federal, state,

 

16  county, city, village, township, metropolitan district, or school

 

17  district, the terms of which run concurrently or overlap, the

 

18  candidate so filing, or in behalf of whom petitions or fees were

 

19  so filed, shall select the 1 office to which his or her candidacy

 

20  is restricted within 3 days after the last day for the filing of

 

21  petitions or filing fees unless the petitions or filing fees are

 

22  filed for 2 offices that are combined or for offices that are not

 

23  incompatible. Failure to make the selection disqualifies a

 

24  candidate with respect to each office for which petitions or fees

 

25  were so filed and the name of the candidate shall not be printed

 

26  upon the ballot for those offices. A vote cast for that candidate

 

27  at the ensuing primary or general election shall not be counted


 

 1  and is void.

 

 2        Sec. 659. (1) If a county, city, ward, township, village,

 

 3  metropolitan district, or school district is divided into 2 or

 

 4  more election precincts, the county, city, ward, township, or

 

 5  village election commissioners may, by resolution, consolidate

 

 6  the election precincts for a particular election that is not a

 

 7  general November election, primary election immediately before a

 

 8  general November election, or other statewide or federal

 

 9  election. In making the determination to consolidate election

 

10  precincts for a particular election, the election commission

 

11  shall take into consideration the number of choices the voter

 

12  must make, the percentage of registered voters who voted at the

 

13  last similar election in the jurisdiction, and the intensity of

 

14  the interest of the electors in the jurisdiction concerning the

 

15  candidates and proposals to be voted upon. Consolidated precincts

 

16  shall not exceed 5,000 active registered electors.

 

17        (2) A consolidation under this section shall be made not

 

18  less than 60 days before a primary, general, or special election.

 

19        (3) Unless the polling places for the election precincts to

 

20  be consolidated are located in the same building, when a county,

 

21  city, ward, township, or village consolidates election precincts

 

22  for a particular election under subsection (1), the election

 

23  commissioners or other designated election officials shall do

 

24  both of the following:

 

25        (a) Provide notice to the registered electors of the

 

26  affected election precincts of the consolidation of election

 

27  precincts for the particular election and the location of the


 

 1  polling place for the election precinct or precincts for that

 

 2  election. Notice may be provided by mail or other method designed

 

 3  to provide actual notice to the registered electors.

 

 4        (b) Post a written notice at each election precinct polling

 

 5  place stating the location of the consolidated election precinct

 

 6  polling place.

 

 7        (4) If a county, city, ward, township, or village

 

 8  consolidates election precincts under this section, each affected

 

 9  election precinct shall be treated as a whole unit and shall not

 

10  be divided during the consolidation.