HOUSE BILL No. 5237
October 16, 2001, Introduced by Reps. Drolet and Gosselin and referred to the Committee on Redistricting and Elections. A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 685 (MCL 168.685), as amended by 1990 PA 329. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 685. (1) The name of a candidate of a new political 2 party shall not be printed upon the official ballots of an elec- 3 tion unless the chairperson and secretary of the state central 4 committee of the party files with the secretary of state, not 5 later than 4 p.m. of the one hundred-tenth day before the general 6 November election, a certificate signed by the chairperson and 7 secretary of the state central committee bearing the name of the 8 party, together with petitions bearing the signatures of 9 registered and qualified electors equal to not less than 1% of 10 the total number of votes cast for all candidates for governor at 04031'01 CAS 2 1 the last election in which a governor was elected. The petitions 2 shall be signed by at least 100 registered electors in each of at 3 least 1/2 of the congressional districts of the state. All sig- 4 natures on the petitions shall be obtained not more than 180 days 5 immediately preceding BEFORE the date of filing. 6 (2) After the date on which a petition is filed, the secre- 7 tary of state shall not accept additional petition sheets for 8 that petition. The validity and authenticity of the signatures 9 may be determined in the same manner as provided for initiatory 10 and referendary petitions in section 9 of article II of the state 11 constitution of 1963. An official declaration of the sufficiency 12 or insufficiency of a petition filed under this section shall be 13 made by the board of state canvassers not later than 60 days 14 before the general November election. 15 (3) The petitions shall be in substantially the following 16 form: 17 PETITION TO FORM NEW POLITICAL PARTY 18 We, the undersigned, duly registered electors of the 19 city, township of .............. county of.............. 20 (strike one) 21 state of Michigan, residing at the places set opposite our names, 22 respectfully request the secretary of state, in accordance with 23 section 685 of the Michigan election law, Act No. 116 of the 24 Public Acts of 1954, as amended, being section 168.685 of the 25 Michigan Compiled Laws 1954 PA 116, MCL 168.685, to receive the 26 certificate and vignette tendered with ACCOMPANYING this 27 petition, and place the names of the candidates of the 04031'01 3 1 .......... party on the ballot at the .................... 2 election. 3 Warning: A person who knowingly signs petitions to organize 4 more than 1 new state political party, signs a petition to orga- 5 nize a new state political party more than once, or signs a name 6 other than his or her own is violating the provisions of the 7 Michigan election law. 8 ................................. 9 ................................. 10 ................................. 11 (4) The balance of the petition form shall be substantially 12 as set forth in section 544c. The size of all organizing peti- 13 tions shall be 8-1/2 inches by 13 inches and shall be printed in 14 the following type sizes: The words "petition to form new polit- 15 ical party" and the name of the proposed political party shall be 16 in 24-point boldface type; the word "warning" and the language 17 contained in the warning shall be in 12-point boldface type. 18 (5) Petitions circulated under this section may be circu- 19 lated on a countywide basis. A petition that is circulated coun- 20 tywide shall be on a form prescribed by the secretary of state. 21 (6) If the principal candidate of a political party receives 22 a vote equal to less than 1% of the total number of votes cast 23 for the successful candidate for the office of secretary of state 24 at the last preceding general November election in which a secre- 25 tary of state was elected, that political party shall not have 26 the name of any candidate printed on the ballots at the next 27 ensuing general November election, and a column shall not be 04031'01 4 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. 5 The term "principal candidate" of any A POLITICAL party means 6 the candidate whose name appears nearest the top of the party 7 column WHO RECEIVES THE GREATEST NUMBER OF VOTES OF ALL CANDI- 8 DATES OF THAT POLITICAL PARTY FOR THAT 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 its vignette, and its candidates appear on the general election 12 ballot. 13 (8) A person shall not knowingly sign a petition to organize 14 more than 1 new state political party, sign a petition to orga- 15 nize a new state political party more than once, or sign a name 16 other than his or her own on the petition. 04031'01 Final page. CAS