June 6, 2018, Introduced by Reps. LaSata and Lilly and referred to the Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 544c, 590h, 685, and 954 (MCL 168.544c,
168.590h, 168.685, and 168.954), 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. 482a. (1) An individual shall not do any of the
2 following regarding a petition under section 482:
3 (a) Sign a petition with a name other than his or her own.
4 (b) Make a false statement in a certificate on a petition.
5 (c) If not a circulator, sign a petition as a circulator.
6 (d) Sign a name as circulator other than his or her own.
1 (2) Except as otherwise provided in subsection (3), an
2 individual who violates subsection (1) is guilty of a misdemeanor
3 punishable by a fine of not more than $500.00 or imprisonment for
4 not more than 93 days, or both.
5 (3) An individual shall not sign a petition under section
6 482 with multiple names. An individual who violates this section
7 is guilty of a felony.
8 Sec. 544c. (1) A nominating petition shall must be
8-1/2
9 inches by 14 inches in size. On a nominating petition, the words
10 "nominating petition" shall must be
printed in 24-point boldface
11 type. "We, the undersigned," et cetera shall must be
printed in
12 8-point type. "Warning" and language in the warning shall must be
13 printed in 12-point boldface type. The balance of the petition
14 shall must be printed in 8-point type. The name, address, and
15 party affiliation of the candidate and the office for which
16 petitions are signed shall must be printed in type not
larger
17 than 24-point. The petition shall must be in the following
form:
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NOMINATING PETITION |
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(PARTISAN) |
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We, the undersigned, registered and qualified voters |
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of the city or township of .................. , in the county |
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(strike 1) |
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of ................... and state of Michigan, nominate, |
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.............................................................. , |
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(Name of Candidate) |
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.............................................................. , |
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(Street Address or Rural Route) (City or Township) |
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as a candidate of the ................... party for the |
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office of .......................... , |
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.............................................................. , |
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(District, if any) |
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to be voted for at the primary election to be held on |
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the ............ day of ............. , 20 ........ . |
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WARNING |
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A person who knowingly signs more petitions for the same |
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office than there are persons to be elected to the office, signs |
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a petition more than once, or signs a name other than his or |
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her own is violating the provisions of the Michigan election law. |
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Printed Street Address |
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Name and or Date of Signing |
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Signature Rural Route Zip Code Mo. Day Year |
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1. ____________________________________________________________ |
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2. ____________________________________________________________ |
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3. ____________________________________________________________ |
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4. ____________________________________________________________ |
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numbered lines as above |
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CERTIFICATE OF CIRCULATOR |
23 The undersigned circulator of the above petition asserts
24 that he or she is 18 years of age or older and a United States
25 citizen; that each signature on the petition was signed in his or
26 her presence; that he or she has neither caused nor permitted a
27 person to sign the petition more than once and has no knowledge
28 of a person signing the petition more than once; and that, to his
1 or her best knowledge and belief, each signature is the genuine
2 signature of the person purporting to sign the petition, the
3 person signing the petition was at the time of signing a
4 registered elector of the city or township listed in the heading
5 of the petition, and the elector was qualified to sign the
6 petition.
7 Circulator—Do not sign or date certificate until after
8 circulating petition.
9 ____ If the circulator is not a resident of Michigan, the
10 circulator shall make a cross or check mark on the line provided,
11 otherwise each signature on this petition sheet is invalid and
12 the signatures will not be counted by a filing official. By
13 making a cross or check mark on the line provided, the
14 undersigned circulator asserts that he or she is not a resident
15 of Michigan and agrees to accept the jurisdiction of this state
16 for the purpose of any legal proceeding or hearing that concerns
17 a petition sheet executed by the circulator and agrees that legal
18 process served on the secretary of state or a designated agent of
19 the secretary of state has the same effect as if personally
20 served on the circulator.
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__________________________________________________ |
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(Printed Name and Signature of Circulator) (Date) |
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__________________________________________________ |
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(Complete Residence Address (Street and Number |
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or Rural Route)) Do not enter a post office box |
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__________________________________________________ |
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(City or Township, State, Zip Code) |
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__________________________________________________ |
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(County of Registration, if Registered to Vote, of |
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a Circulator who is not a Resident of Michigan) |
3 Warning-A circulator knowingly making a false statement in
4 the 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
6 own as circulator is guilty of a misdemeanor.
7 (2) The petition shall must be in a form providing
a space
8 for the circulator and each elector who signs the petition to
9 print his or her name. The secretary of state shall prescribe the
10 location of the space for the printed name. The failure of the
11 circulator or an elector who signs the petition to print his or
12 her name, to print his or her name in the location prescribed by
13 the secretary of state, or to enter a zip code or his or her
14 correct zip code does not affect the validity of the signature of
15 the circulator or the elector who signs the petition. A printed
16 name located in the space prescribed for printed names does not
17 constitute the signature of the circulator or elector. If an
18 elector does not include his or her signature, his or her street
19 address or rural route, or the date of signing on the petition as
20 required under subsection (1), the elector's signature is invalid
21 and shall must not be counted by 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
27 to accept the jurisdiction of this state for the purpose of any
1 legal proceeding or hearing initiated under section 476, 552,
2 590f(2), or 685 that concerns a petition sheet executed by the
3 circulator and agrees that legal process served on the secretary
4 of state or a designated agent of the secretary of state has the
5 same effect as if personally served on the circulator.
6 (4) If the secretary of state or a designated agent of the
7 secretary of state is served with legal process as described in
8 subsection (3), the secretary of state shall promptly notify the
9 circulator by personal service or certified mail at the
10 circulator's residential address as indicated in the certificate
11 of circulator.
12 (5) The circulator of a petition shall sign and date the
13 certificate of circulator before the petition is filed. A
14 circulator shall not obtain electors' signatures after the
15 circulator has signed and dated the certificate of circulator. A
16 filing official shall not count electors' signatures that were
17 obtained after the date the circulator signed the certificate or
18 that are contained in a petition that the circulator did not sign
19 and date.
20 (6) Except as provided in section 544d, a petition sheet
21 shall must not be circulated in more than 1 city or township
and
22 each signer of a petition sheet shall must be
a registered
23 elector of the city or township indicated in the heading of the
24 petition sheet. The invalidity of 1 or more signatures on a
25 petition does not affect the validity of the remainder of the
26 signatures on the petition.
27 (7) An individual shall not sign more nominating petitions
1 for the same office than there are persons to be elected to the
2 office. An individual who violates this subsection is guilty of a
3 misdemeanor.
4 (8) An individual shall not do any of the following:
5 (a) Sign a petition with a name other than his or her own.
6 (b) Make a false statement in a certificate on a petition.
7 (c) If not a circulator, sign a petition as a circulator.
8 (d) Sign a name as circulator other than his or her own.
9 (9) An Except
as otherwise provided in subsection (10), an
10 individual who violates subsection (8) is guilty of a misdemeanor
11 punishable by a fine of not more than $500.00 or imprisonment for
12 not more than 93 days, or both.
13 (10) An individual shall not sign a petition with multiple
14 names. An individual who violates this subsection is guilty of a
15 felony.
16 (11) (10) If
after a canvass and a hearing on a petition
17 under section 476 or 552 the board of state canvassers determines
18 that an individual has knowingly and intentionally failed to
19 comply with subsection (8) or (10), the board of state canvassers
20 may impose 1 or more of the following sanctions:
21 (a) Disqualify obviously fraudulent signatures on a petition
22 form on which the violation of subsection (8) or (10) occurred,
23 without checking the signatures against local registration
24 records.
25 (b) Disqualify from the ballot a candidate who committed,
26 aided or abetted, or knowingly allowed the violation of
27 subsection (8) or (10) on a petition to nominate that candidate.
1 (12) (11) If
an individual violates subsection (8) or
(10)
2 and the affected petition sheet is filed, each of the following
3 who knew of the violation of subsection (8) or (10) before the
4 filing of the affected petition sheet and who failed to report
5 the violation to the secretary of state, the filing official, if
6 different, the attorney general, a law enforcement officer, or
7 the county prosecuting attorney is guilty of a misdemeanor,
8 punishable by a fine of not more than $500.00 or imprisonment for
9 not more 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
18 under section 476 or 552 the board of state canvassers determines
19 that an individual has violated subsection (11), (12), the
board
20 of state canvassers may impose 1 or more of the following
21 sanctions:
22 (a) Impose on the organization or other person sponsoring
23 the petition drive an administrative fine of not more than
24 $5,000.00.
25 (b) Charge the organization or other person sponsoring the
26 petition drive for the costs of canvassing a petition form on
27 which a violation of subsection (8) or (10) occurred.
1 (c) Disqualify an organization or other person described in
2 subdivision (a) from collecting signatures on a petition for a
3 period of not more than 4 years.
4 (d) Disqualify obviously fraudulent signatures on a petition
5 form on which a violation of subsection (8) or (10) occurred
6 without checking the signatures against local registration
7 records.
8 (e) Disqualify from the ballot a candidate who committed,
9 aided or abetted, or knowingly allowed a violation of subsection
10 (8) or (10) on a petition to nominate that candidate.
11 (14) (13) If
an individual refuses to comply with a subpoena
12 of the board of state canvassers in an investigation of an
13 alleged violation of subsection (8), (10), or (11), (12), the
14 board may hold the canvass of the petitions in abeyance until the
15 individual complies.
16 (15) (14) A
person who aids or abets another in an act that
17 is prohibited by this section is guilty of that act.
18 (16) (15) The
provisions of this section except as otherwise
19 expressly provided apply to all petitions circulated under
20 authority of the election law.
21 Sec. 590h. (1) A qualifying petition for a candidate without
22 political party affiliation shall must be the same size and
23 printed in the same type sizes as required in section 544c. The
24 petition 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 |
16 Whoever knowingly signs more petitions for the same office
17 than there are persons to be elected to the office or signs a
18 name other than his or her own is violating the Michigan election
19 law.
20 (2) The balance of the qualifying petition form shall must
21 be substantially as set forth in section 544c. A qualifying
22 petition for a candidate without party affiliation shall must not
23 contain a reference to a political party.
24 (3) A person An
individual shall not knowingly sign
more
25 petitions for the same office than there are persons to be
26 elected to the office. or sign a name other than his or her own
27 on the petition.An
individual who violates this subsection is
1 guilty of a misdemeanor.
2 (4) An individual shall not do any of the following:
3 (a) Sign a qualifying petition with a name other than his or
4 her own.
5 (b) Make a false statement in a certificate on a qualifying
6 petition.
7 (c) If not a circulator, sign a qualifying petition as a
8 circulator.
9 (d) Sign a name as circulator other than his or her own.
10 (5) Except as otherwise provided in subsection (6), an
11 individual who violates subsection (4) 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 (6) An individual shall not sign a qualifying petition with
15 multiple names. An individual who violates this subsection is
16 guilty of a felony.
17 Sec. 685. (1) The name of a candidate of a new political
18 party must not be printed upon the official ballots of an
19 election unless the chairperson and secretary of the state
20 central committee of the party files with the secretary of state,
21 not later than 4 p.m. of the one hundred-tenth day before the
22 general November election, a certificate signed by the
23 chairperson and secretary of the state central committee bearing
24 the name of the party, together with petitions bearing the
25 signatures of registered and qualified electors equal to not less
26 than 1% of the total number of votes cast for all candidates for
27 governor at the last election in which a governor was elected.
1 The petitions must be signed by at least 100 registered electors
2 in each of at least 1/2 of the congressional districts of this
3 state. All signatures on the petitions must be obtained not more
4 than 180 days immediately before the date of filing.
5 (2) After the date on which a petition is filed, the
6 secretary of state shall not accept additional petition sheets
7 for that petition. The validity and authenticity of the
8 signatures may be determined in the same manner as provided for
9 initiative and referendum petitions in section 9 of article II of
10 the state constitution of 1963. An official declaration of the
11 sufficiency or insufficiency of a petition filed under this
12 section must be made by the board of state canvassers not later
13 than 60 days before the general November election.
14 (3) The petitions must be in substantially the following
15 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. |
26 Warning: A person who knowingly signs petitions to organize
27 more than 1 new state political party, signs a petition to
1 organize a new state political party more than once, or signs a
2 name other than his or her own is violating the provisions of the
3 Michigan election law.
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7 (4) The balance of the petition form must be substantially
8 as set forth in section 544c. The size of all organizing
9 petitions must be 8-1/2 inches by 13 inches and must be printed
10 in the following type sizes: The words "petition to form new
11 political party" and the name of the proposed political party
12 must be in 24-point boldface type; the word "warning" and the
13 language contained in the warning must be in 12-point boldface
14 type.
15 (5) Petitions circulated under this section may be
16 circulated on a countywide basis. A petition that is circulated
17 countywide must be on a form prescribed by the secretary of
18 state.
19 (6) If the principal candidate of a political party receives
20 a vote equal to less than 1% of the total number of votes cast
21 for the successful candidate for the office of secretary of state
22 at the last preceding general November election in which a
23 secretary of state was elected, that political party shall not
24 have the name of any candidate printed on the ballots at the next
25 ensuing general November election, and a column must not be
1 provided on the ballots for that party. A disqualified party may
2 again qualify and have the names of its candidates printed in a
3 separate party column on each election ballot in the manner set
4 forth in subsection (1) for the qualification of new parties. As
5 used in this subsection, "principal candidate of a political
6 party" means the candidate who receives the greatest number of
7 votes of all candidates of that political party for that
8 election.
9 (7) A political party that complied with this section is
10 subject to section 686a in order to have the name of that party
11 and its candidates appear on the general election ballot.
12 (8) A person An
individual shall not knowingly sign a
13 petition to organize more than 1 new state political party , or
14 sign a petition to organize a new state political party more than
15 once. , or sign a name other than his or her own on the
16 petition.An
individual who violates this subsection is guilty of
17 a misdemeanor.
18 (9) An individual shall not do any of the following:
19 (a) Sign a petition to form a new political party with a
20 name other than his or her own.
21 (b) Make a false statement in a certificate on a petition to
22 form a new political party.
23 (c) If not a circulator, sign a petition to form a new
24 political party as a circulator.
25 (d) Sign a name as circulator other than his or her own.
26 (10) Except as otherwise provided in subsection (11), an
27 individual who violates subsection (9) is guilty of a misdemeanor
1 punishable by a fine of not more than $500.00 or imprisonment for
2 not more than 93 days, or both.
3 (11) An individual shall not sign a petition to form a new
4 political party with multiple names. An individual who violates
5 this subsection is guilty of a felony.
6 Sec. 954. (1) A recall petition shall must be
signed by
7 registered and qualified electors of the electoral district of
8 the official whose recall is sought. Each signer of a recall
9 petition shall affix his or her signature, address, and the date
10 of signing. A person An
individual who signs a recall petition
11 shall must be a registered and qualified elector of the
12 governmental subdivision designated in the heading of the
13 petition.
14 (2) An individual shall not do any of the following:
15 (a) Sign a recall petition with a name other than his or her
16 own.
17 (b) Make a false statement in a certificate on a recall
18 petition.
19 (c) If not a circulator, sign a recall petition as a
20 circulator.
21 (d) Sign a name as circulator other than his or her own.
22 (3) Except as otherwise provided in subsection (4), an
23 individual who violates subsection (2) 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 (4) An individual shall not sign a recall petition with
27 multiple names. An individual who violates this subsection is
1 guilty of a felony.