HOUSE BILL NO. 4996

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 178 and 634 (MCL 168.178 and 168.634), section 178 as amended by 1980 PA 261 and section 634 as amended by 1996 PA 583.

the people of the state of michigan enact:

Sec. 178. The If a vacancy occurs in the office of senator or representative in the state legislature, the governor may shall call a special election as provided in section 634 in any that senatorial or representative district of the this state when the right of office of a person elected state senator or representative shall cease before the commencement of the term of service for which the state senator or representative was elected, or whenever a vacancy occurs in the office of state senator or representative after the term of service has begun for which the state senator or representative was elected.or direct that the vacancy be filled at the next general election, as provided in section 634.

Sec. 634. (1) Except as otherwise provided in this section, when if a vacancy occurs in the office of senator or representative in the state legislature, the governor may shall call a special election in that senatorial or representative district or direct that the vacancy be filled at the next general election. Within 30 days after the vacancy occurs in the office of senator or representative in the state legislature, the governor must do 1 of the following:

(a) Announce the date of the special election at which the vacancy in that senatorial or representative district will be filled.

(b) Announce that the vacancy in that senatorial or representative district will be filled at the next general election.

(2) If the vacancy occurs in the office of senator or representative in the state legislature after the primary election and before the following general election, the governor may direct that the vacancy be filled at that election. If the governor directs that the vacancy be filled at the following general election, the executive committee of the county committee of each political party, if the county comprises 1 or more representative districts, or, if the district is comprised of more than 1 county, then the executive committee of the county committee of the respective political parties of each county in the district, may select, by a majority vote, a candidate for that office, and shall certify the name of the candidate to the county board of election commissioners of the county or counties comprising that representative district within 21 days after the vacancy occurs and at least 10 days before the general election. Upon certification, the candidate certified shall be is the nominee of that political party at that general election to fill the vacancy for the unexpired term with the same force and effect as if the person individual was nominated at a primary election as otherwise provided in this act. If the ballots for that election have already been printed before the certification, then the board of election commissioners shall cause the names of the candidates to be printed on a separate ballot, which ballot shall must be counted, canvassed, and returned as other ballots cast at that election.

(3) If the governor directs that the vacancy be filled at the next general election, the secretary of state shall give notice of that decision similar to the notice provided for in section 651.