HOUSE BILL No. 5057


     September 20, 2001, Introduced by Rep. Switalski and referred to the Committee on Redistricting and Elections.


        A bill to amend 1954 PA 116, entitled

   "Michigan election law,"

   by amending section 737a (MCL 168.737a), as added by 1996

   PA 461.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 737a.  (1) Except as otherwise provided in this sec-

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      tion, the board of election inspectors shall not count a write-in

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      vote for  any  A person unless that person has filed a declara-

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      tion of intent to be a write-in candidate as provided in this

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      section.  The write-in candidate shall file the declaration of

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      intent to be a write-in candidate with the filing official for

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      that elective office on or before 4 p.m. on the  Friday  TUESDAY

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      immediately  preceding  BEFORE the election.  The secretary of

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      state, immediately after the 4 p.m. filing deadline under this

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      subsection, shall prepare and  cause to be  HAVE delivered a list


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      of all persons who have filed a declaration of intent to be a

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      write-in candidate  pursuant to  UNDER this subsection, if any,

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      to the appropriate county clerks.  A filing official other than

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      the secretary of state who receives a declaration of intent to be

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      a write-in candidate or list of persons who filed a declaration

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      of intent from another filing official  pursuant to  UNDER this

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      subsection shall prepare and  cause to be  HAVE delivered a list

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      of all persons who have filed a declaration of intent to be a

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      write-in candidate  pursuant to this subsection  to the board of

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      election inspectors in the appropriate precincts before the close

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      of the polls on election day.

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           (2) If a candidate whose name is printed on the official

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      ballot for the election dies or is otherwise disqualified on or

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      after the  Wednesday immediately preceding  SECOND FRIDAY BEFORE

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      the election, the requirement of filing a declaration of intent

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      to be a write-in candidate under subsection (1) does not apply to

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      a write-in candidate.  If a death or disqualification has

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      occurred as described in this subsection, the board of election

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      inspectors shall count all write-in votes for write-in candidates

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      for the office sought by the deceased or disqualified candidate.

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           (3) Subsections (1) and (2) do not apply to a write-in can-

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      didate for precinct delegate.  The board of election inspectors

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      shall not count a write-in vote for a write-in candidate for pre-

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      cinct delegate unless that candidate has filed a declaration of

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      intent to be a write-in candidate as provided in this

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      subsection.  A write-in candidate for precinct delegate shall

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      file a declaration of intent to be a write-in candidate with the



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      appropriate city or township clerk for that precinct on or before

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      4 p.m. on the  Friday  TUESDAY immediately  preceding  BEFORE
   the

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      election.  or with the board of election inspectors in the appro-

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      priate precinct before the close of the polls on election day.  A

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      city or township clerk who receives a declaration of intent to be

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      a write-in candidate from a write-in candidate for precinct dele-

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      gate  pursuant to  UNDER this subsection shall prepare and  cause

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      to be  HAVE delivered a list of all persons who have filed a dec-

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      laration of intent to be a write-in candidate  pursuant to this

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      subsection  to the board of election inspectors in the appropri-

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      ate precincts before the close of the polls on election day.

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           (4) The secretary of state shall prescribe forms for the

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      declaration of intent to be a write-in candidate.  Clerks shall

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      maintain a supply of declaration of intent to be a write-in can-

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      didate forms in the clerk's office and make the forms available

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      in the polling places during the August primary for this

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      purpose.  The declaration of intent to be a write-in candidate

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      form shall include all of the following information:

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           (a) The name of the person intending to be a write-in

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      candidate.

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           (b) The elective office that the person seeks as a write-in

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      candidate.

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           (c) The residence address of the person seeking elective

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      office as a write-in candidate.

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           (d)  Any other  OTHER information the secretary of state

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      considers appropriate.





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