HB-5152, As Passed House, February 20, 2014

 

 

 

 

 

 

 

 

 

 

 

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, and 544c (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, and 168.544c), 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 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:

 


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

 

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

 

 3  judge or judges of that judicial circuit.

 

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

 

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

 

 6  prosecuting attorney shall appoint a suitable person to fill the

 

 7  vacancy.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

15  nominating petition filing deadline as provided in section 193

 

16  for the general November election that is not the general

 

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

 

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

 

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

 

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

 

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

 

22  unexpired term.

 

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

 

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

 

25  vacancy by a committee consisting of the presiding or senior

 

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

 

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

 


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

 

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

 

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

 

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

 

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

 

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

 

 7  more than 7 days before the nominating petition filing deadline

 

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

 

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

 

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

 

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

 

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

 

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

 

14  the remainder of the unexpired term.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

24  more than 7 days before the nominating petition filing deadline

 

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

 

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

 

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

 


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

 

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

 

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

 

 4  the remainder of the unexpired term.

 

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

 

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

 

 7  remaining school board members shall fill each vacant office by

 

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

 

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

 

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

 

11  district become vacant, the intermediate school board for that

 

12  school district shall fill each vacancy by appointment. An

 

13  individual appointed under this subsection serves until a

 

14  successor is elected and qualified.

 

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

 

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

 

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

 

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

 

19  nominating petition filing deadline as provided in section 303

 

20  for the general November election that is not the general

 

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

 

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

 

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

 

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

 

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

 

26  unexpired term. This subsection applies regardless of whether an

 

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

 


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

 

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

 

 3  of the school board shall notify the school district election

 

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

 

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

 

 6  office.

 

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

 

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

 

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

 

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

 

11  office for the remainder of the unexpired term.

 

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

 

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

 

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

 

15  required to constitute a quorum for the transaction of business

 

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

 

17  make temporary appointment of the number of members required to

 

18  constitute a quorum for the transaction of business by the

 

19  township board. An official appointed under this subsection shall

 

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

 

21  appointed and qualified. An official who is temporarily appointed

 

22  under this subsection shall not vote on the appointment of

 

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

 

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

 

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

 

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

 

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

 


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

 

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

 

 3  resignation. The resigning official shall not vote on the

 

 4  appointment.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

14  this section, the township party committee for each political

 

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

 

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

 

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

 

18  submitting nominees under this section or 70 days after the

 

19  deadline for submitting nominees under this section if the next

 

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

 

21  general November election. Notice of the special election shall

 

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

 

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

 

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

 

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

 

26  unexpired term.

 

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

 


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

 

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

 

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

 

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

 

 5  constable shall remain vacant until the next general or special

 

 6  election in which township offices are filled.

 

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

 

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

 

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

 

10  the board of county election commissioners and the next general

 

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

 

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

 

13  before the nominating petition filing deadline as provided in

 

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

 

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

 

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

 

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

 

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

 

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

 

20  the unexpired term.

 

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

 

22  official ballot as a candidate for metropolitan district officer,

 

23  the candidate shall file a nominating petition and the affidavit

 

24  required by section 558 with the metropolitan district election

 

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

 

26  Tuesday before the election date. The nominating petitions shall

 

27  be signed by a number of qualified and registered electors

 


 1  residing in the metropolitan district as determined under section

 

 2  544f.

 

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

 

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

 

 5  be nonpartisan and shall include the following opening paragraph:

 

 

     We, the undersigned, registered and qualified voters

of the city or township of _______________________________

and residents of the _______________________________, the

                    (legal name of metropolitan district)

10 county of _____________________________, state of Michigan,

11 nominate   __________________________________________________

12                           (name of candidate)

13 _______________________________     ________________________,

14     (street address)                   (city or township)

15 a registered and qualified elector of the metropolitan district

16 as an officer of the legislative body of the metropolitan

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

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

19 _________________________, ___________________.

20        (month)                    (year)

 

 

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

 

22  than are to be elected.

 

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

 

24  subject to the examination and investigation process prescribed

 

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

 

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

 

27  the other procedures prescribed in that section relevant to a

 

28  petition filed under this chapter.

 


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

 

 2  metropolitan district officer, the candidate is not permitted to

 

 3  withdraw unless a written withdrawal notice, signed by the

 

 4  candidate, is filed with the metropolitan district election

 

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

 

 6  day for filing the nominating petition.

 

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

 

 8  metropolitan district officer of a metropolitan district become

 

 9  vacant, the remaining metropolitan district officers shall fill

 

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

 

11  metropolitan district officer is not filled within 30 days after

 

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

 

13  metropolitan district officer of a metropolitan district become

 

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

 

15  largest number of registered electors of the metropolitan

 

16  district reside shall fill each vacancy by appointment. An

 

17  individual appointed under this subsection serves until a

 

18  successor is elected and qualified.

 

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

 

20  district officer more than 90 7 days before a regular

 

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

 

22  regular metropolitan district election to fill that office for

 

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

 

24  nominating petition filing deadline as provided in section 386

 

25  for the regular metropolitan district election that is not the

 

26  regular metropolitan district election at which a successor in

 

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

 


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

 

 2  the next regular metropolitan district election in the manner

 

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

 

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

 

 5  subsection applies regardless of whether an individual is

 

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

 

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

 

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

 

 9  secretary of the legislative body of the metropolitan district

 

10  shall notify the metropolitan district election coordinator, in

 

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

 

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

 

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

 

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

 

15  fill the vacancy. Except as otherwise provided in section

 

16  409b(8), the person appointed by the governor shall be considered

 

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

 

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

 

19  following the next general November election at which a successor

 

20  is elected and qualified.

 

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

 

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

 

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

 

24  the manner provided in this chapter for the nomination of

 

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

 

26  be filled at the general November election next following the

 

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

 


 1  nominating petition filing deadline as provided in section 409b

 

 2  for the general November election that is not the general

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

12  person appointed by the governor shall be considered an incumbent

 

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

 

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

 

15  general November election at which a successor is elected and

 

16  qualified.

 

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

 

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

 

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

 

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

 

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

 

22  general November election next following the primary if the

 

23  vacancy occurs more than 7 days before the nominating petition

 

24  filing deadline as provided in section 413 for the general

 

25  November election that is not the general November election at

 

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

 

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

 


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

 

 2  manner provided in this chapter for the election of circuit

 

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

 

 4  the unexpired term.

 

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

 

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

 

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

 

 8  person appointed by the governor shall be considered an incumbent

 

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

 

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

 

11  successor is elected and qualified.

 

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

 

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

 

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

 

15  manner provided for in this chapter for the nomination of

 

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

 

17  the general November election next following the primary if the

 

18  vacancy occurs more than 7 days before the nominating petition

 

19  filing deadline as provided in section 433 for the general

 

20  November election that is not the general November election at

 

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

 

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

 

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

 

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

 

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

 

26  of the unexpired term.

 

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

 


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

 

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

 

 3  person appointed by the governor shall be considered an incumbent

 

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

 

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

 

 6  successor is elected and qualified.

 

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

 

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

 

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

 

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

 

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

 

12  at the general November election next following the primary if

 

13  the vacancy occurs more than 7 days before the nominating

 

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

 

15  general November election that is not the general November

 

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

 

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

 

18  until a successor is elected at the next general November

 

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

 

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

 

21  office for the remainder of the unexpired term.

 

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

 

23  subsection that is contained in a registration record is exempt

 

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

 

25  442, MCL 15.231 to 15.246. The secretary of state, a designated

 

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

 

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

 


 1  registration record that contains any of the following:

 

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

 

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

 

 4  application.

 

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

 

 6  identification card number.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

16  contained in a registration record are exempt from disclosure

 

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

 

18  15.246. The last 4 digits of a registered voter's social security

 

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

 

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

 

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

 

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

 

23  or released for any other purpose.

 

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

 

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

 

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

 

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

 


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

 

 2  12-point boldface type. The balance of the petition shall be

 

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

 

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

 

 5  shall be printed in type not larger than 24-point. The petition

 

 6  shall be in the following form:

 

 

                       NOMINATING PETITION

                            (PARTISAN)

     We, the undersigned, registered and qualified voters

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

11          (strike 1)

12 of ................... and state of Michigan, nominate,

13 ...........................................................  ,

14                       (Name of Candidate)

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

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

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

18 office of  .......................... ,

19 ...........................................................  ,

20                       (District, if any)

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

22 the ............ day of ............. , 20 ........ .

23                            WARNING

24      A person who knowingly signs more petitions for the same

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

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

27 provisions of the Michigan election law.

28  


   Printed     Street Address

   Name and         or                         Date of Signing

   Signature    Rural Route     Zip Code      Mo.     Day    Year

1.  ____________________________________________________________

2.  ____________________________________________________________

3.  ____________________________________________________________

4.  ____________________________________________________________

numbered lines as above

10                      CERTIFICATE OF CIRCULATOR

 

 

11        The undersigned circulator of the above petition asserts

 

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

 

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

 

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

 

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

 

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

 

17  signing a qualified registered elector of the city or township

 

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

 

19  qualified to sign the petition.

 

20        Circulator—Do not sign or date certificate until after

 

21  circulating petition.

 

 

22                  __________________________________________________

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

24                  __________________________________________________

25                  (City or Township Where Registered)

26                  [or, for petitions under section 482,

27                  "(City or Township Where Qualified to be

28                  Registered)"]

29                  __________________________________________________


                 (Complete Residence Address (Street and Number

                 or Rural Route)

                 __________________________________________________

                   (Zip Code)

 

 

 5        Warning-A circulator knowingly making a false statement in

 

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

 

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

 

 8  own as circulator is guilty of a misdemeanor.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

23  and shall not be counted by a filing official.

 

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

 

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

 

26  executing the certificate of circulator, the circulator shall be

 

27  registered in the city or township indicated in the certificate

 

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


 

 1  petition under section 482 need only be qualified to be a

 

 2  registered elector of this state at the time of circulation and

 

 3  at the time of executing the certificate of circulator.

 

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

 

 5  certificate of circulator before the petition is filed. A

 

 6  circulator shall not obtain electors' signatures after the

 

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

 

 8  filing official shall not count electors' signatures that were

 

 9  obtained after the date the circulator signed the certificate or

 

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

 

11  and date.

 

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

 

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

 

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

 

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

 

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

 

17  affect the validity of the remainder of the signatures on the

 

18  petition.

 

19        (6) An individual shall not sign more nominating petitions

 

20  for the same office than there are persons to be elected to the

 

21  office. An individual who violates this subsection is guilty of a

 

22  misdemeanor.

 

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

 

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

 

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

 

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

 

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


 

 1        (8) An individual who violates subsection (7) is guilty of a

 

 2  misdemeanor punishable by a fine of not more than $500.00 or

 

 3  imprisonment for not more than 93 days, or both.

 

 4        (9) If after a canvass and a hearing on a petition under

 

 5  section 476 or 552 the board of state canvassers determines that

 

 6  an individual has knowingly and intentionally failed to comply

 

 7  with subsection (7), the board of state canvassers may impose 1

 

 8  or more of the following sanctions:

 

 9        (a) Disqualify obviously fraudulent signatures on a petition

 

10  form on which the violation of subsection (7) occurred, without

 

11  checking the signatures against local registration records.

 

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

 

13  aided or abetted, or knowingly allowed the violation of

 

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

 

15        (10) If an individual violates subsection (7) and the

 

16  affected petition sheet is filed, each of the following who knew

 

17  of the violation of subsection (7) before the filing of the

 

18  affected petition sheet and who failed to report the violation to

 

19  the secretary of state, the filing official, if different, the

 

20  attorney general, a law enforcement officer, or the county

 

21  prosecuting attorney is guilty of a misdemeanor, punishable by a

 

22  fine of not more than $500.00 or imprisonment for not more than 1

 

23  year, or both:

 

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

 

25  individual who violated subsection (7).

 

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

 

27  whose nomination is sought.


 

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

 

 2  recall, the organization or other person sponsoring the petition

 

 3  drive.

 

 4        (11) If after a canvass and a hearing on a petition under

 

 5  section 476 or 552 the board of state canvassers determines that

 

 6  an individual has violated subsection (10), the board of state

 

 7  canvassers may impose 1 or more of the following sanctions:

 

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

 

 9  the petition drive an administrative fine of not more than

 

10  $5,000.00.

 

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

 

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

 

13  which a violation of subsection (7) occurred.

 

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

 

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

 

16  period of not more than 4 years.

 

17        (d) Disqualify obviously fraudulent signatures on a petition

 

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

 

19  checking the signatures against local registration records.

 

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

 

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

 

22  (7) on a petition to nominate that candidate.

 

23        (12) If an individual refuses to comply with a subpoena of

 

24  the board of state canvassers in an investigation of an alleged

 

25  violation of subsection (7) or (10), the board may hold the

 

26  canvass of the petitions in abeyance until the individual

 

27  complies.


 

 1        (13) A person who aids or abets another in an act that is

 

 2  prohibited by this section is guilty of that act.

 

 3        (14) The provisions of this section except as otherwise

 

 4  expressly provided apply to all petitions circulated under

 

 5  authority of the election law.