November 1, 2017, Introduced by Reps. Greig, Moss, Neeley, Hertel, Gay-Dagnogo, Faris, Sowerby, Wittenberg, Geiss, Pagan, Elder, Ellison, Chang, Sabo, Yaroch, Lasinski, Howrylak, Clemente, Rabhi, Love, Hammoud and Zemke and referred to the Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 482, 590h, 685, 957, and 958 (MCL 168.482,
168.590h, 168.685, 168.957, and 168.958), section 482 as amended by
1998 PA 142, section 590h as amended by 2002 PA 431, and section
685 as amended by 2017 PA 113, and by adding sections 482a and 547;
and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 482. (1) Each petition under this section shall must be
2 8-1/2 inches by 14 inches in size.
3 (2) If the measure to be submitted proposes a constitutional
4 amendment, initiation of legislation, or referendum of legislation,
5 the heading of each part of the petition shall must be
prepared in
6 the following form and printed in capital letters in 14-point
7 boldfaced type:
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INITIATIVE PETITION |
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AMENDMENT TO THE CONSTITUTION |
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OR |
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INITIATION OF LEGISLATION |
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OR |
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REFERENDUM OF LEGISLATION |
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PROPOSED BY INITIATIVE PETITION |
8 (3) The full text of the amendment so proposed shall must
9 follow and be printed in 8-point type. If the proposal would alter
10 or abrogate an existing provision of the constitution, the petition
11 shall must so state and the provisions to be altered or
abrogated
12 shall must be inserted, preceded by the words:
13 "Provisions of existing constitution altered or abrogated by
14 the proposal if adopted."
15 (4) The following statement shall must appear
beneath the
16 petition heading:
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"We, the undersigned qualified and registered electors, |
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residents in the |
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city |
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township (strike 1) of .......... in the county of .........., |
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state of Michigan, respectively petition for (amendment to |
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constitution) (initiation of legislation) (referendum of |
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legislation) (other appropriate description).". |
24 (5) The following warning shall must be
printed in 12-point
25 type immediately above the place for signatures, on each part of
26 the petition:
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WARNING |
1 A person who knowingly signs this petition more than once,
2 signs a name other than his or her own, signs when not a qualified
3 and registered elector, or sets opposite his or her signature on a
4 petition, a date other than the actual date the signature was
5 affixed, is violating the provisions of the Michigan election law.
6 (6) The remainder of the petition form shall must be
as
7 provided following the warning to electors signing the petition in
8 section 544c(1). In addition, the petition shall must comply
with
9 the requirements of section 544c(2).
10 Sec. 482a. If a petition under section 482 contains the
11 signature of the same elector 2 or more times, only the first
12 signature of that elector shall be counted.
13 Sec. 547. If a nominating petition contains the signature of
14 the same elector 2 or more times, only the first signature of that
15 elector shall be counted.
16 Sec. 590h. (1) A qualifying petition for a candidate without
17 political party affiliation shall must be the same size and
printed
18 in the same type sizes as required in section 544c. The petition
19 shall must be in the following form:
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QUALIFYING PETITION |
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(CANDIDATE WITHOUT PARTY AFFILIATION) |
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We, the undersigned, registered and qualified electors of the |
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city or township of ............, in the county of .........., |
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(strike 1) |
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and state of Michigan, nominate ............................., |
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(Name of Candidate) |
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............................................................., |
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(Street Address or R.R.) (City or Township) |
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as a candidate without party affiliation for the office of |
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........................................................... in |
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(Title of Office and District) |
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order that the name of the candidate be placed without party |
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affiliation on the ballot for the election to be held on |
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the .............. day of ............ , 20.... . |
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WARNING |
10 Whoever knowingly signs more petitions for the same office
11 than there are persons to be elected to the office or signs a name
12 other than his or her own is violating the Michigan election law.
13 (2) The balance of the qualifying petition form shall must be
14 substantially as set forth in section 544c. A qualifying petition
15 for a candidate without party affiliation shall must not
contain a
16 reference to a political party.
17 (3) If a qualifying petition for a candidate without political
18 party affiliation contains the signature of the same elector 2 or
19 more times, only the first signature of that elector shall be
20 counted.
21 (4) (3) A
person shall not knowingly sign more petitions for
22 the same office than there are persons to be elected to the office
23 or sign a name other than his or her own on the petition.
24 Sec. 685. (1) The name of a candidate of a new political party
25 must not be printed upon the official ballots of an election unless
26 the chairperson and secretary of the state central committee of the
27 party files with the secretary of state, not later than 4 p.m. of
1 the one hundred-tenth day before the general November election, a
2 certificate signed by the chairperson and secretary of the state
3 central committee bearing the name of the party, together with
4 petitions bearing the signatures of registered and qualified
5 electors equal to not less than 1% of the total number of votes
6 cast for all candidates for governor at the last election in which
7 a governor was elected. The petitions must be signed by at least
8 100 registered electors in each of at least 1/2 of the
9 congressional districts of this state. All signatures on the
10 petitions must be obtained not more than 180 days immediately
11 before the date of filing.
12 (2) After the date on which a petition is filed, the secretary
13 of state shall not accept additional petition sheets for that
14 petition. The validity and authenticity of the signatures may be
15 determined in the same manner as provided for initiative and
16 referendum petitions in section 9 of article II of the state
17 constitution of 1963. An official declaration of the sufficiency or
18 insufficiency of a petition filed under this section must be made
19 by the board of state canvassers not later than 60 days before the
20 general November election.
21 (3) The petitions must be in substantially the following form:
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PETITION TO FORM NEW POLITICAL PARTY |
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We, the undersigned, duly registered electors of the |
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city, township of ................. county of ................. |
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(strike one) |
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state of Michigan, residing at the places set opposite our |
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names, respectfully request the secretary of state, in |
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accordance with section 685 of the Michigan election law, |
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1954 PA 116, MCL 168.685, to place the names of the |
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candidates of the ........................ party on the |
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ballot at the .................... election. |
5 Warning: A person who knowingly signs petitions to organize
6 more than 1 new state political party , signs a petition to
7 organize a new state political party more than once, or signs a
8 name other than his or her own is violating the provisions of the
9 Michigan election law.
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................................ |
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................................ |
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................................ |
13 (4) The balance of the petition form must be substantially as
14 set forth in section 544c. The size of all organizing petitions
15 must be 8-1/2 inches by 13 inches and must be printed in the
16 following type sizes: The words "petition to form new political
17 party" and the name of the proposed political party must be in 24-
18 point boldface type; the word "warning" and the language contained
19 in the warning must be in 12-point boldface type.
20 (5) Petitions circulated under this section may be circulated
21 on a countywide basis. A petition that is circulated countywide
22 must be on a form prescribed by the secretary of state.
23 (6) If the principal candidate of a political party receives a
24 vote equal to less than 1% of the total number of votes cast for
25 the successful candidate for the office of secretary of state at
26 the last preceding general November election in which a secretary
27 of state was elected, that political party shall not have the name
1 of any candidate printed on the ballots at the next ensuing general
2 November election, and a column must not be provided on the ballots
3 for that party. A disqualified party may again qualify and have the
4 names of its candidates printed in a separate party column on each
5 election ballot in the manner set forth in subsection (1) for the
6 qualification of new parties. As used in this subsection,
7 "principal candidate of a political party" means the candidate who
8 receives the greatest number of votes of all candidates of that
9 political party for that election.
10 (7) A political party that complied with this section is
11 subject to section 686a in order to have the name of that party and
12 its candidates appear on the general election ballot.
13 (8) If a petition to form a new state political party contains
14 the signature of the same elector 2 or more times, only the first
15 signature of that elector shall be counted.
16 (9) (8) A
person shall not knowingly sign a petition to
17 organize more than 1 new state political party ,
sign a petition to
18 organize a new state political party more than once, or sign a name
19 other than his or her own on the petition.
20 Sec. 957. (1) A person circulating a recall petition
shall
21 must be a qualified and registered elector in the electoral
22 district of the official sought to be recalled. and
23 (2) A person circulating a recall petition shall attach
24 thereto his to the
recall petition a certificate of the circulator
25 stating that he or she is a qualified and registered elector in the
26 electoral district of the official sought to be recalled and shall
27 state the city or the township wherein he resides and his post-
1 office address; further, that stating his or her city or township
2 and post office address. In addition, the certificate of the
3 circulator must indicate all of the following:
4 (a) That signatures appearing upon the recall petition were
5 not obtained through fraud, deceit, or misrepresentation. and
that
6 he has neither caused nor permitted a person to sign the petition
7 more than once and has no knowledge of a person signing the
8 petition more than once; that
9 (b) That all signatures to the recall petition were affixed in
10 his or her presence.
; and that
11 (c) That to the best of his or her knowledge, information, and
12 belief, the signers of the recall petition are qualified and
13 registered electors and that
the signatures appearing thereon on
14 the recall petition are the
genuine signatures of the persons of
15 whom they purport to be. signing
the recall petition.
16 (3) A person who knowingly makes a false statement in the
17 certificate hereby required of the circulator is guilty
of a
18 misdemeanor.
19 Sec. 958. (1) A recall
petition sheet shall must contain
only
20 the signatures of qualified and registered electors of the city or
21 township listed in its heading.
22 (2) For recall of a
village officer, the recall
petition shall
23 must be signed by qualified and registered electors of the village.
24 (3) A qualified and registered elector may sign the recall
25 petition sheet in any location at which the recall petition sheet
26 is available.
27 (4) A recall petition is not invalid if it contains the
1 signature of a person who is not a qualified and registered elector
2 of the appropriate city, township, or village listed in the heading
3 of that recall petition sheet.
4 (5) If a recall petition contains the signature of the same
5 elector 2 or more times, only the first signature of that elector
6 shall be counted.
7 Enacting section 1. Section 547a of the Michigan election law,
8 1954 PA 116, MCL 168.547a, is repealed.
9 Enacting section 2. This amendatory act takes effect 90 days
10 after the date it is enacted into law.