REVISE DEADLINE FOR

WRITE-IN CANDIDACIES

House Bill 5057

Sponsor: Rep. Michael Switalski

Committee: Redistricting and Elections

Complete to 2-8-02

A SUMMARY OF HOUSE BILL 5057 AS INTRODUCED 9-20-01

Under the Michigan Election Law, a write-in vote is only counted if it is cast for a person who had filed a declaration of intent to be a write-in candidate prior to the election. There is an exception in cases when a candidate printed on the ballot dies or is disqualified, and there are separate provisions for write-in candidates for precinct delegate (as discussed later). House Bill 5057 would change the deadline for a person to declare their intent to be a write-in candidate from 4 p.m. on the Friday immediately before the election to 4 p.m. on the Tuesday immediately before the election.

Under the election law, the declaration of intent requirement does not apply, and all write-in votes are counted, if a candidate on the ballot dies or is otherwise disqualified on or after the Wednesday immediately before the election. House Bill 5057 would change that date to the second Friday before the election.

A write-in candidate for precinct delegate must file a declaration of intent with the appropriate city or township clerk by 4 p.m. on the Friday immediately before the election or with the board of election inspectors in the appropriate precinct before the close of the polls on election day. House Bill 5057 would amend this provision to remove the language permitting an election day declaration and to require that a write-in candidate for precinct delegate file a declaration of intent on the Tuesday immediately before the election.

MCL 168.737a

 

Analyst: C. Couch

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This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.