HB-6107, As Passed House, December 21, 2018

HB-6107, As Passed Senate, December 20, 2018

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 6107

      A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 303, 544c, 558, 590h, 685, and 954 (MCL

168.303, 168.544c, 168.558, 168.590h, 168.685, and 168.954),

section 303 as amended by 2018 PA 120, section 544c as amended by

2014 PA 418, section 558 as amended by 2014 PA 94, section 590h as

amended by 2002 PA 431, section 685 as amended by 2017 PA 113, and

section 954 as amended by 2003 PA 302, and by adding section 482e.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1        Sec. 303. (1) Subject to subsection (4), (8), for an

 2  individual's name to appear on the official ballot as a candidate

 3  for school board member, the candidate shall file a nominating

 4  petition and the affidavit required by section 558 with the school

 1  district filing official not later than 4 p.m. on the fifteenth

 2  Tuesday before the election date. The nominating petition must be

 3  signed by the following number of electors of the school district:

 4        (a) If the population of the school district is less than

 5  10,000 according to the most recent federal census, a minimum of 6

 6  and a maximum of 20.

 7        (b) If the population of the school district is 10,000 or more

 8  according to the most recent federal census, a minimum of 40 and a

 9  maximum of 100.

10        (2) The nominating petition must be substantially in the form

11  prescribed in section 544c, except that the petition must be

12  nonpartisan and must include the following opening paragraph:

13	We, the undersigned, registered and qualified voters
14	of _______________________________________________________
15	and residents of the _______________________________, the
16	(legal name of school district)
17	county of _____________________________, state of Michigan,
18	(city or township)
19	nominate  __________________________________________________
20	(name of candidate)
21	_______________________________    ________________________,
22	(street address)                   (city or township)
23	a registered and qualified elector of the district as a member
24	of the board of education of the school district for a term
25	of ______ years, expiring ______, to be voted for at the
26	election to be held on the ______ day of ___________,  ______.
27	(month)     (year)

 1        (3) A school elector shall not sign petitions for more

 2  candidates than are to be elected.An individual shall not knowingly

 3  sign more nominating petitions for the same office than there are

 4  persons to be elected to the office. An individual who violates

 5  this subsection is guilty of a misdemeanor.

 6        (4) An individual shall not do any of the following:

 7        (a) Sign a nominating petition with a name other than his or

 8  her own.

 9        (b) Make a false statement in a certificate on a nominating

10  petition.

11        (c) If not a circulator, sign a nominating petition as a

12  circulator.

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

14        (5) Except as otherwise provided in subsection (6), an

15  individual who violates subsection (4) is guilty of a misdemeanor

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

17  not more than 93 days, or both.

18        (6) An individual shall not sign a nominating petition with

19  multiple names. An individual who violates this subsection is

20  guilty of a felony.

21        (7) If an individual signs a nominating petition in violation

22  of this section, any signature by that individual on the petition

23  is invalid and must not be counted.

24  (8) (4) Instead of filing nominating petitions, a candidate

25  for school board member may pay a nonrefundable filing fee of

26  $100.00 to the school district filing official. If this fee is paid

27  by the due date for a nominating petition, the payment has the same

 1  effect under this section as the filing of a nominating petition.

 2  (9) (5) A nominating petition filed under this chapter is

 3  subject to the examination and investigation process prescribed in

 4  section 552 as to its sufficiency and the validity and genuineness

 5  of the signatures on the nominating petition, and to the other

 6  procedures prescribed in that section relevant to a petition filed

 7  under this chapter.

 8  (10) (6) After a nominating petition is filed or filing fee is

 9  paid for a candidate for school board member, the candidate is not

10  permitted to withdraw unless a written withdrawal notice, signed by

11  the candidate, is filed with the school district filing official

12  not later than 4 p.m. of the third day after the last day for

13  filing the nominating petition. If the school district filing

14  official is not a county clerk, the school district filing official

15  shall notify the county clerk of the candidates' names and

16  addresses not later than 3 days after the last day for filing a

17  withdrawal notice.

18        Sec. 482e. (1) An individual shall not do any of the following

19  regarding a petition under section 482:

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

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

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

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

24        (2) Except as otherwise provided in subsection (3), an

25  individual who violates subsection (1) is guilty of a misdemeanor

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

27  not more than 93 days, or both.

 1        (3) An individual shall not sign a petition under section 482

 2  with multiple names. An individual who violates this subsection is

 3  guilty of a felony.

 4        (4) If an individual signs a petition in violation of this

 5  section, any signature by that individual on the petition is

 6  invalid and must not be counted.

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

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

 9  "nominating petition" shall must be printed in 24-point boldface

10  type. "We, the undersigned," et cetera shall must be printed in 8-

11  point type. "Warning" and language in the warning shall must be

12  printed in 12-point boldface type. The balance of the petition

13  shall must be printed in 8-point type. The name, address, and party

14  affiliation of the candidate and the office for which petitions are

15  signed shall must be printed in type not larger than 24-point. The

16  petition shall must be in the following form:

17	NOMINATING PETITION
18	(PARTISAN)
19	We, the undersigned, registered and qualified voters
20	of the city or township of .................. , in the county
21	(strike 1)
22	of ................... and state of Michigan, nominate,
23	..............................................................  ,
24	(Name of Candidate)
25	..............................................................  ,
26	(Street Address or Rural Route)        (City or Township)
27	as a candidate of the ................... party for the

1	office of  .......................... ,
2	..............................................................  ,
3	(District, if any)
4	to be voted for at the primary election to be held on
5	the ............ day of ............. , 20 ........ .
6	WARNING
7	A person who knowingly signs more petitions for the same
8	office than there are persons to be elected to the office, signs
9	a petition more than once, or signs a name other than his or
10	her own is violating the provisions of the Michigan election law.
11
12	Printed     Street Address
13	Name and         or                       Date of   Signing
14	Signature    Rural Route     Zip Code    Mo.     Day     Year
15
16	1.  ____________________________________________________________
17	2.  ____________________________________________________________
18	3.  ____________________________________________________________
19	4.  ____________________________________________________________
20	numbered lines as above
21	CERTIFICATE OF CIRCULATOR

22        The undersigned circulator of the above petition asserts that

23  he or she is 18 years of age or older and a United States citizen;

24  that each signature on the petition was signed in his or her

25  presence; that he or she has neither caused nor permitted a person

26  to sign the petition more than once and has no knowledge of a

27  person signing the petition more than once; and that, to his or her

 1  best knowledge and belief, each signature is the genuine signature

 2  of the person purporting to sign the petition, the person signing

 3  the petition was at the time of signing a registered elector of the

 4  city or township listed in the heading of the petition, and the

 5  elector was qualified to sign the petition.

 6        Circulator—Do not sign or date certificate until after

 7  circulating petition.

 8        ____ If the circulator is not a resident of Michigan, the

 9  circulator shall make a cross or check mark on the line provided,

10  otherwise each signature on this petition sheet is invalid and the

11  signatures will not be counted by a filing official. By making a

12  cross or check mark on the line provided, the undersigned

13  circulator asserts that he or she is not a resident of Michigan and

14  agrees to accept the jurisdiction of this state for the purpose of

15  any legal proceeding or hearing that concerns a petition sheet

16  executed by the circulator and agrees that legal process served on

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

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

19  circulator.

20	__________________________________________________
21	(Printed Name and Signature of Circulator)  (Date)
22	__________________________________________________
23	(Complete Residence Address (Street and Number
24	or Rural Route)) Do not enter a post office box
25	__________________________________________________
26	(City or Township, State, Zip Code)
27	__________________________________________________

1	(County of Registration, if Registered to Vote, of
2	a Circulator who is not a Resident of Michigan)

 3        Warning-A circulator knowingly making a false statement in the

 4  above certificate, a person not a circulator who signs as a

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

 6  as circulator is guilty of a misdemeanor.

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

 8  the circulator and each elector who signs the petition to print his

 9  or her name. The secretary of state shall prescribe the location of

10  the space for the printed name. The failure of the circulator or an

11  elector who signs the petition to print his or her name, to print

12  his or her name in the location prescribed by the secretary of

13  state, or to enter a zip code or his or her correct zip code does

14  not affect the validity of the signature of the circulator or the

15  elector who signs the petition. A printed name located in the space

16  prescribed for printed names does not constitute the signature of

17  the circulator or elector. If an elector does not include his or

18  her signature, his or her street address or rural route, or the

19  date of signing on the petition as required under subsection (1),

20  the elector's signature is invalid and shall must not be counted by

21  a filing official.

22        (3) If the circulator of a petition under section 482, a

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

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

25  resident of this state, the circulator shall indicate where

26  provided on the certificate of circulator that he or she agrees to

 1  accept the jurisdiction of this state for the purpose of any legal

 2  proceeding or hearing initiated under section 476, 552, 590f(2), or

 3  685 that concerns a petition sheet executed by the circulator and

 4  agrees that legal process served on the secretary of state or a

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

 6  if personally served on the circulator.

 7        (4) If the secretary of state or a designated agent of the

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

 9  subsection (3), the secretary of state shall promptly notify the

10  circulator by personal service or certified mail at the

11  circulator's residential address as indicated in the certificate of

12  circulator.

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

14  certificate of circulator before the petition is filed. A

15  circulator shall not obtain electors' signatures after the

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

17  filing official shall not count electors' signatures that were

18  obtained after the date the circulator signed the certificate or

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

20  and date.

21        (6) Except as provided in section 544d, a petition sheet shall

22  must not be circulated in more than 1 city or township and each

23  signer of a petition sheet shall must be a registered elector of

24  the city or township indicated in the heading of the petition

25  sheet. The invalidity of 1 or more signatures on a petition does

26  not affect the validity of the remainder of the signatures on the

27  petition.

 1        (7) An individual shall not sign more nominating petitions for

 2  the same office than there are persons to be elected to the office.

 3  An individual who violates this subsection is guilty of a

 4  misdemeanor.

 5        (8) An individual shall not do any of the following:

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

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

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

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

10        (9) An Except as otherwise provided in subsection (10), an

11  individual who violates subsection (8) is guilty of a misdemeanor

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

13  not more than 93 days, or both.

14        (10) An individual shall not sign a petition with multiple

15  names. An individual who violates this subsection is guilty of a

16  felony.

17  (11) (10) If after a canvass and a hearing on a petition under

18  section 476 or 552 the board of state canvassers determines that an

19  individual has knowingly and intentionally failed to comply with

20  subsection (8) or (10), the board of state canvassers may impose 1

21  or more of the following sanctions:

22        (a) Disqualify obviously fraudulent signatures on a petition

23  form on which the violation of subsection (8) or (10) occurred,

24  without checking the signatures against local registration records.

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

26  aided or abetted, or knowingly allowed the violation of subsection

27  (8) or (10) on a petition to nominate that candidate.

 1  (12) (11) If an individual violates subsection (8) or (10) and

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

 3  knew of the violation of subsection (8) or (10) before the filing

 4  of the affected petition sheet and who failed to report the

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

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

 7  county prosecuting attorney is guilty of a misdemeanor, punishable

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

 9  than 1 year, or both:

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

11  individual who violated subsection (8) or (10).

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

13  whose nomination is sought.

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

15  recall, the organization or other person sponsoring the petition

16  drive.

17  (13) (12) If after a canvass and a hearing on a petition under

18  section 476 or 552 the board of state canvassers determines that an

19  individual has violated subsection (11), (12), the board of state

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

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

22  petition drive an administrative fine of not more than $5,000.00.

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

24  petition drive for the costs of canvassing a petition form on which

25  a violation of subsection (8) or (10) occurred.

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

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

 1  period of not more than 4 years.

 2        (d) Disqualify obviously fraudulent signatures on a petition

 3  form on which a violation of subsection (8) or (10) occurred

 4  without checking the signatures against local registration records.

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

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

 7  (8) or (10) on a petition to nominate that candidate.

 8  (14) (13) If an individual refuses to comply with a subpoena

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

10  violation of subsection (8), (10), or (11), (12), the board may

11  hold the canvass of the petitions in abeyance until the individual

12  complies.

13  (15) (14) A person who aids or abets another in an act that is

14  prohibited by this section is guilty of that act.

15  (16) (15) The provisions of this section except as otherwise

16  expressly provided apply to all petitions circulated under

17  authority of the election law.

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

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

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

21  school district office in any election, a candidate shall file with

22  the officer with whom the petitions, fee, or affidavit is filed 2

23  copies of an affidavit of identity. A candidate nominated for a

24  federal, state, county, city, township, or village office at a

25  political party convention or caucus shall file an affidavit of

26  identity within 1 business day after being nominated with the

27  secretary of state. The affidavit of identity filing requirement

 1  does not apply to a candidate nominated for the office of president

 2  President of the United States or vice president Vice President of

 3  the United States.

 4        (2) An affidavit of identity shall must contain the

 5  candidate's name , and residential address; , and ward and precinct

 6  where registered, if qualified to vote at that election; a

 7  statement that the candidate is a citizen of the United States; the

 8  candidate's number of years of residence in the state and county;

 9  the title of the office sought; a statement that the candidate

10  meets the constitutional and statutory qualifications for the

11  office sought; other information that may be required to satisfy

12  the officer as to the identity of the candidate; and the manner in

13  which the candidate wishes to have his or her name appear on the

14  ballot. ; and a statement that the candidate either is or is not

15  using a name, whether a given name, a surname, or otherwise, that

16  is not a name that he or she was given at birth. If a candidate is

17  using a name that is not a name that he or she was given at birth,

18  the candidate shall include on the affidavit of identity the

19  candidate's full former name.

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

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

22  following:

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

24  filing as a candidate.

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

26  issued by a federal district court at the time the individual

27  became a naturalized citizen at least 10 years before filing as a

 1  candidate.

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

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

 4  a legal name by which the individual was previously known.

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

 6  section 560b.

 7        (4) An affidavit of identity shall must include a statement

 8  that as of the date of the affidavit, all statements, reports, late

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

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

11  Michigan campaign finance act, 1976 PA 388, MCL 169.201 to 169.282,

12  have been filed or paid; and a statement that the candidate

13  acknowledges that making a false statement in the affidavit is

14  perjury, punishable by a fine up to $1,000.00 or imprisonment for

15  up to 5 years, or both. If a candidate files the affidavit of

16  identity with an officer other than the county clerk or secretary

17  of state, the officer shall immediately forward to the county clerk

18  1 copy of the affidavit of identity by first-class mail. The county

19  clerk shall immediately forward 1 copy of the affidavit of identity

20  for state and federal candidates to the secretary of state by

21  first-class mail. An officer shall not certify to the board of

22  election commissioners the name of a candidate who fails to comply

23  with this section, or the name of a candidate who executes an

24  affidavit of identity that contains a false statement with regard

25  to any information or statement required under this section.

26        (5) If petitions or filing fees are filed by or in on behalf

27  of a candidate for more than 1 office, either federal, state,

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

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

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

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

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

 6  petitions or filing fees unless the petitions or filing fees are

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

 8  incompatible. Failure to make the selection disqualifies a

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

10  were so filed and the name of the candidate shall must not be

11  printed upon the ballot for those offices. A vote cast for that

12  candidate at the ensuing primary or general election shall must not

13  be counted and is void.

14        (6) A violation of this section for perjury is distinct and

15  separate from any violation of the Michigan campaign finance act,

16  1976 PA 388, MCL 169.201 to 169.282.

17        Sec. 590h. (1) A qualifying petition for a candidate without

18  political party affiliation shall must be the same size and printed

19  in the same type sizes as required in section 544c. The petition

20  shall must be in the following form:

21	QUALIFYING PETITION
22	(CANDIDATE WITHOUT PARTY AFFILIATION)
23	We, the undersigned, registered and qualified electors of the
24	city or township of ............, in the county of  ..........,
25	(strike 1)
26	and state of Michigan, nominate  .............................,
27	(Name of Candidate)

1	.............................................................,
2	(Street Address or R.R.)           (City or Township)
3	as a candidate without party affiliation for the office of
4	...........................................................  in
5	(Title of Office and District)
6	order that the name of the candidate be placed without party
7	affiliation on the ballot for the election to be held on
8	the .............. day of ............ , 20.... .
9
10	WARNING

11        Whoever knowingly signs more petitions for the same office

12  than there are persons to be elected to the office or signs a name

13  other than his or her own is violating the Michigan election law.

14        (2) The balance of the qualifying petition form shall must be

15  substantially as set forth in section 544c. A qualifying petition

16  for a candidate without party affiliation shall must not contain a

17  reference to a political party.

18        (3) A person An individual shall not knowingly sign more

19  petitions for the same office than there are persons to be elected

20  to the office. or sign a name other than his or her own on the

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

22  misdemeanor.

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

24        (a) Sign a qualifying petition with a name other than his or

25  her own.

26        (b) Make a false statement in a certificate on a qualifying

27  petition.

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

 2  circulator.

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

 4        (5) Except as otherwise provided in subsection (6), an

 5  individual who violates subsection (4) is guilty of a misdemeanor

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

 7  not more than 93 days, or both.

 8        (6) An individual shall not sign a qualifying petition with

 9  multiple names. An individual who violates this subsection is

10  guilty of a felony.

11        (7) If an individual signs a qualifying petition in violation

12  of this section, any signature by that individual on the petition

13  is invalid and must not be counted.

14        Sec. 685. (1) The name of a candidate of a new political party

15  must not be printed upon the official ballots of an election unless

16  the chairperson and secretary of the state central committee of the

17  party files with the secretary of state, not later than 4 p.m. of

18  the one hundred-tenth day before the general November election, a

19  certificate signed by the chairperson and secretary of the state

20  central committee bearing the name of the party, together with

21  petitions bearing the signatures of registered and qualified

22  electors equal to not less than 1% of the total number of votes

23  cast for all candidates for governor at the last election in which

24  a governor was elected. The petitions must be signed by at least

25  100 registered electors in each of at least 1/2 of the

26  congressional districts of this state. All signatures on the

27  petitions must be obtained not more than 180 days immediately

 1  before the date of filing.

 2        (2) After the date on which a petition is filed, the secretary

 3  of state shall not accept additional petition sheets for that

 4  petition. The validity and authenticity of the signatures may be

 5  determined in the same manner as provided for initiative and

 6  referendum petitions in section 9 of article II of the state

 7  constitution of 1963. An official declaration of the sufficiency or

 8  insufficiency of a petition filed under this section must be made

 9  by the board of state canvassers not later than 60 days before the

10  general November election.

11        (3) The petitions must be in substantially the following form:

12	PETITION TO FORM NEW POLITICAL PARTY
13	We, the undersigned, duly registered electors of the
14	city, township of ................. county of  .................
15	(strike one)
16	state of Michigan, residing at the places set opposite our
17	names, respectfully request the secretary of state, in
18	accordance with section 685 of the Michigan election law,
19	1954 PA 116, MCL 168.685, to place the names of the
20	candidates of the ........................ party on the
21	ballot at the .................... election.

22        Warning: A person who knowingly signs petitions to organize

23  more than 1 new state political party, signs a petition to organize

24  a new state political party more than once, or signs a name other

25  than his or her own is violating the provisions of the Michigan

26  election law.

27	................................
28	................................
29	................................

 1        (4) The balance of the petition form must be substantially as

 2  set forth in section 544c. The size of all organizing petitions

 3  must be 8-1/2 inches by 13 inches and must be printed in the

 4  following type sizes: The words "petition to form new political

 5  party" and the name of the proposed political party must be in 24-

 6  point boldface type; the word "warning" and the language contained

 7  in the warning must be in 12-point boldface type.

 8        (5) Petitions circulated under this section may be circulated

 9  on a countywide basis. A petition that is circulated countywide

10  must be on a form prescribed by the secretary of state.

11        (6) If the principal candidate of a political party receives a

12  vote equal to less than 1% of the total number of votes cast for

13  the successful candidate for the office of secretary of state at

14  the last preceding general November election in which a secretary

15  of state was elected, that political party shall not have the name

16  of any candidate printed on the ballots at the next ensuing general

17  November election, and a column must not be provided on the ballots

18  for that party. A disqualified party may again qualify and have the

19  names of its candidates printed in a separate party column on each

20  election ballot in the manner set forth in subsection (1) for the

21  qualification of new parties. As used in this subsection,

22  "principal candidate of a political party" means the candidate who

23  receives the greatest number of votes of all candidates of that

24  political party for that election.

25        (7) A political party that complied with this section is

26  subject to section 686a in order to have the name of that party and

27  its candidates appear on the general election ballot.

 1        (8) A person An individual shall not knowingly sign a petition

 2  to organize more than 1 new state political party , or sign a

 3  petition to organize a new state political party more than once. ,

 4  or sign a name other than his or her own on the petition.An

 5  individual who violates this subsection is guilty of a misdemeanor.

 6        (9) An individual shall not do any of the following:

 7        (a) Sign a petition to form a new political party with a name

 8  other than his or her own.

 9        (b) Make a false statement in a certificate on a petition to

10  form a new political party.

11        (c) If not a circulator, sign a petition to form a new

12  political party as a circulator.

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

14        (10) Except as otherwise provided in subsection (11), an

15  individual who violates subsection (9) is guilty of a misdemeanor

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

17  not more than 93 days, or both.

18        (11) An individual shall not sign a petition to form a new

19  political party with multiple names. An individual who violates

20  this subsection is guilty of a felony.

21        (12) If an individual signs a petition to form a new political

22  party in violation of this section, any signature by that

23  individual on the petition is invalid and must not be counted.

24        Sec. 954. (1) A recall petition shall must be signed by

25  registered and qualified electors of the electoral district of the

26  official whose recall is sought. Each signer of a recall petition

27  shall affix his or her signature, address, and the date of signing.

 1  A person An individual who signs a recall petition shall must be a

 2  registered and qualified elector of the governmental subdivision

 3  designated in the heading of the petition.

 4        (2) An individual shall not do any of the following:

 5        (a) Sign a recall petition with a name other than his or her

 6  own.

 7        (b) Make a false statement in a certificate on a recall

 8  petition.

 9        (c) If not a circulator, sign a recall petition as a

10  circulator.

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

12        (3) Except as otherwise provided in subsection (4), an

13  individual who violates subsection (2) is guilty of a misdemeanor

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

15  not more than 93 days, or both.

16        (4) An individual shall not sign a recall petition with

17  multiple names. An individual who violates this subsection is

18  guilty of a felony.

19        (5) If an individual signs a recall petition in violation of

20  this section, any signature by that individual on the petition is

21  invalid and must not be counted.