HB-6107, As Passed House, September 26, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 6107

      A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 303, 544c, 590h, 685, and 954 (MCL 168.303,

168.544c, 168.590h, 168.685, and 168.954), section 303 as amended

by 2018 PA 120, section 544c as amended by 2014 PA 418, 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 482a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1        Sec. 303. (1) Subject to subsection (4), for an individual's

 2  name to appear on the official ballot as a candidate for school

 3  board member, the candidate shall file a nominating petition and

 4  the affidavit required by section 558 with the school district

 5  filing official not later than 4 p.m. on the fifteenth Tuesday

 1  before the election date. The nominating petition must be signed

 2  by the following number of electors of the school district:

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

 4  10,000 according to the most recent federal census, a minimum of

 5  6 and a maximum of 20.

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

 7  more according to the most recent federal census, a minimum of 40

 8  and a maximum of 100.

 9        (2) The nominating petition must be substantially in the

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

11  nonpartisan and must include the following opening paragraph:

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

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

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

 3  knowingly sign more nominating petitions for the same office than

 4  there are persons to be elected to the office. An individual who

 5  violates 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) (4) Instead of filing nominating petitions, a candidate

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

23  $100.00 to the school district filing official. If this fee is

24  paid by the due date for a nominating petition, the payment has

25  the same effect under this section as the filing of a nominating

26  petition.

27  (8) (5) A nominating petition filed under this chapter is

 1  subject to the examination and investigation process prescribed

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

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

 4  the other procedures prescribed in that section relevant to a

 5  petition filed under this chapter.

 6  (9) (6) After a nominating petition is filed or filing fee

 7  is paid for a candidate for school board member, the candidate is

 8  not permitted to withdraw unless a written withdrawal notice,

 9  signed by the candidate, is filed with the school district filing

10  official not later than 4 p.m. of the third day after the last

11  day for filing the nominating petition. If the school district

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

13  official shall notify the county clerk of the candidates' names

14  and addresses not later than 3 days after the last day for filing

15  a withdrawal notice.

16        Sec. 482a. (1) An individual shall not do any of the

17  following regarding a petition under section 482:

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

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

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

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

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

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

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

25  not more than 93 days, or both.

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

27  482 with multiple names. An individual who violates this

 1  subsection is guilty of a felony.

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

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

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

 5  type. "We, the undersigned," et cetera shall must be printed in

 6  8-point type. "Warning" and language in the warning shall must be

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

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

 9  party affiliation of the candidate and the office for which

10  petitions are signed shall must be printed in type not larger

11  than 24-point. The petition shall must be in the following form:

12	NOMINATING PETITION
13	(PARTISAN)
14	We, the undersigned, registered and qualified voters
15	of the city or township of .................. , in the county
16	(strike 1)
17	of ................... and state of Michigan, nominate,
18	..............................................................  ,
19	(Name of Candidate)
20	..............................................................  ,
21	(Street Address or Rural Route)        (City or Township)
22	as a candidate of the ................... party for the
23	office of  .......................... ,
24	..............................................................  ,
25	(District, if any)
26	to be voted for at the primary election to be held on
27	the ............ day of ............. , 20 ........ .
28	WARNING

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

16        The undersigned circulator of the above petition asserts

17  that he or she is 18 years of age or older and a United States

18  citizen; that each signature on the petition was signed in his or

19  her presence; that he or she has neither caused nor permitted a

20  person to sign the petition more than once and has no knowledge

21  of a person signing the petition more than once; and that, to his

22  or her best knowledge and belief, each signature is the genuine

23  signature of the person purporting to sign the petition, the

24  person signing the petition was at the time of signing a

25  registered elector of the city or township listed in the heading

26  of the petition, and the elector was qualified to sign the

27  petition.

 1        Circulator—Do not sign or date certificate until after

 2  circulating petition.

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

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

 5  otherwise each signature on this petition sheet is invalid and

 6  the signatures will not be counted by a filing official. By

 7  making a cross or check mark on the line provided, the

 8  undersigned circulator asserts that he or she is not a resident

 9  of Michigan and agrees to accept the jurisdiction of this state

10  for the purpose of any legal proceeding or hearing that concerns

11  a petition sheet executed by the circulator and agrees that legal

12  process served on the secretary of state or a designated agent of

13  the secretary of state has the same effect as if personally

14  served on the circulator.

15	__________________________________________________
16	(Printed Name and Signature of Circulator)  (Date)
17	__________________________________________________
18	(Complete Residence Address (Street and Number
19	or Rural Route)) Do not enter a post office box
20	__________________________________________________
21	(City or Township, State, Zip Code)
22	__________________________________________________
23	(County of Registration, if Registered to Vote, of
24	a Circulator who is not a Resident of Michigan)

25        Warning-A circulator knowingly making a false statement in

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

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

 2  own as circulator is guilty of a misdemeanor.

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

 4  for the circulator and each elector who signs the petition to

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

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

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

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

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

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

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

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

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

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

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

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

17  and shall must not be counted by a filing official.

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

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

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

21  resident of this state, the circulator shall indicate where

22  provided on the certificate of circulator that he or she agrees

23  to accept the jurisdiction of this state for the purpose of any

24  legal proceeding or hearing initiated under section 476, 552,

25  590f(2), or 685 that concerns a petition sheet executed by the

26  circulator and agrees that legal process served on the secretary

27  of state or a designated agent of the secretary of state has the

 1  same effect as if personally served on the circulator.

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

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

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

 5  circulator by personal service or certified mail at the

 6  circulator's residential address as indicated in the certificate

 7  of circulator.

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

 9  certificate of circulator before the petition is filed. A

10  circulator shall not obtain electors' signatures after the

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

12  filing official shall not count electors' signatures that were

13  obtained after the date the circulator signed the certificate or

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

15  and date.

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

17  shall must not be circulated in more than 1 city or township and

18  each signer of a petition sheet shall must be a registered

19  elector of the city or township indicated in the heading of the

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

21  petition does not affect the validity of the remainder of the

22  signatures on the petition.

23        (7) An individual shall not sign more nominating petitions

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

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

26  misdemeanor.

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

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

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

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

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

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

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

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

 8  not more than 93 days, or both.

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

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

11  felony.

12  (11) (10) If after a canvass and a hearing on a petition

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

14  that an individual has knowingly and intentionally failed to

15  comply with subsection (8) or (10), the board of state canvassers

16  may impose 1 or more of the following sanctions:

17        (a) Disqualify obviously fraudulent signatures on a petition

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

19  without checking the signatures against local registration

20  records.

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

22  aided or abetted, or knowingly allowed the violation of

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

24  (12) (11) If an individual violates subsection (8) or (10)

25  and the affected petition sheet is filed, each of the following

26  who knew of the violation of subsection (8) or (10) before the

27  filing of the affected petition sheet and who failed to report

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

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

 3  the county prosecuting attorney is guilty of a misdemeanor,

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

 5  not more than 1 year, or both:

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

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

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

 9  whose nomination is sought.

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

11  recall, the organization or other person sponsoring the petition

12  drive.

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

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

15  that an individual has violated subsection (11), (12), the board

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

17  sanctions:

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

19  the petition drive an administrative fine of not more than

20  $5,000.00.

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

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

23  which a violation of subsection (8) or (10) occurred.

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

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

26  period of not more than 4 years.

27        (d) Disqualify obviously fraudulent signatures on a petition

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

 2  without checking the signatures against local registration

 3  records.

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

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

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

 7  (14) (13) If an individual refuses to comply with a subpoena

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

 9  alleged violation of subsection (8), (10), or (11), (12), the

10  board may hold the canvass of the petitions in abeyance until the

11  individual complies.

12  (15) (14) A person who aids or abets another in an act that

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

14  (16) (15) The provisions of this section except as otherwise

15  expressly provided apply to all petitions circulated under

16  authority of the election law.

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

18  political party affiliation shall must be the same size and

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

20  petition 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

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

14  law.

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

16  be substantially as set forth in section 544c. A qualifying

17  petition for a candidate without party affiliation shall must not

18  contain a reference to a political party.

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

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

21  elected to the office. or sign a name other than his or her own

22  on the petition.An individual who violates this subsection is

23  guilty of a misdemeanor.

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

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

26  her own.

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

 1  petition.

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

 3  circulator.

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

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

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

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

 8  not more than 93 days, or both.

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

10  multiple names. An individual who violates this subsection is

11  guilty of a felony.

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

13  party must not be printed upon the official ballots of an

14  election unless the chairperson and secretary of the state

15  central committee of the party files with the secretary of state,

16  not later than 4 p.m. of the one hundred-tenth day before the

17  general November election, a certificate signed by the

18  chairperson and secretary of the state central committee bearing

19  the name of the party, together with petitions bearing the

20  signatures of registered and qualified electors equal to not less

21  than 1% of the total number of votes cast for all candidates for

22  governor at the last election in which a governor was elected.

23  The petitions must be signed by at least 100 registered electors

24  in each of at least 1/2 of the congressional districts of this

25  state. All signatures on the petitions must be obtained not more

26  than 180 days immediately before the date of filing.

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

 1  secretary of state shall not accept additional petition sheets

 2  for that petition. The validity and authenticity of the

 3  signatures may be determined in the same manner as provided for

 4  initiative and referendum petitions in section 9 of article II of

 5  the state constitution of 1963. An official declaration of the

 6  sufficiency or insufficiency of a petition filed under this

 7  section must be made by the board of state canvassers not later

 8  than 60 days before the general November election.

 9        (3) The petitions must be in substantially the following

10  form:

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

21        Warning: A person who knowingly signs petitions to organize

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

23  organize a new state political party more than once, or signs a

24  name other than his or her own is violating the provisions of the

25  Michigan election law.

1	................................
2	................................
3	................................

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

 5  as set forth in section 544c. The size of all organizing

 6  petitions must be 8-1/2 inches by 13 inches and must be printed

 7  in the following type sizes: The words "petition to form new

 8  political party" and the name of the proposed political party

 9  must be in 24-point boldface type; the word "warning" and the

10  language contained in the warning must be in 12-point boldface

11  type.

12        (5) Petitions circulated under this section may be

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

14  countywide must be on a form prescribed by the secretary of

15  state.

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

17  a vote equal to less than 1% of the total number of votes cast

18  for the successful candidate for the office of secretary of state

19  at the last preceding general November election in which a

20  secretary of state was elected, that political party shall not

21  have the name of any candidate printed on the ballots at the next

22  ensuing general November election, and a column must not be

23  provided on the ballots for that party. A disqualified party may

24  again qualify and have the names of its candidates printed in a

25  separate party column on each election ballot in the manner set

26  forth in subsection (1) for the qualification of new parties. As

 1  used in this subsection, "principal candidate of a political

 2  party" means the candidate who receives the greatest number of

 3  votes of all candidates of that political party for that

 4  election.

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

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

 7  and its candidates appear on the general election ballot.

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

 9  petition to organize more than 1 new state political party , or

10  sign a petition to organize a new state political party more than

11  once. , or sign a name other than his or her own on the

12  petition.An individual who violates this subsection is guilty of

13  a misdemeanor.

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

15        (a) Sign a petition to form a new political party with a

16  name other than his or her own.

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

18  form a new political party.

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

20  political party as a circulator.

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

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

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

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

25  not more than 93 days, or both.

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

27  political party with multiple names. An individual who violates

 1  this subsection is guilty of a felony.

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

 3  registered and qualified electors of the electoral district of

 4  the official whose recall is sought. Each signer of a recall

 5  petition shall affix his or her signature, address, and the date

 6  of signing. A person An individual who signs a recall petition

 7  shall must be a registered and qualified elector of the

 8  governmental subdivision designated in the heading of the

 9  petition.

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

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

12  own.

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

14  petition.

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

16  circulator.

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

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

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

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

21  not more than 93 days, or both.

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

23  multiple names. An individual who violates this subsection is

24  guilty of a felony.