September 14, 2006, Introduced by Rep. Shaffer and referred to the Committee on House Oversight, Elections, and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 632, 633, 634, and 641 (MCL 168.632, 168.633,
168.634, and 168.641), section 634 as amended by 1996 PA 583
andsection 641 as amended by 2005 PA 71.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 632. (1) The governor shall call a special election in
any congressional district of the state in which there has been no
choice for a representative in congress at the general November
election. ,
or he shall direct that in such case the office shall
be
filled at the next general election.
(2) The special election called by the governor under
subsection (1) or the special primary for that special election
shall be held on the next regular election date as provided in
section 641(1)(a) through (d). If the special primary is held on
the next regular election date, the special election shall be held
not less than 20 days or more than 30 days after the special
primary.
Sec. 633. (1) The governor shall call a special election in
any congressional district of the state when the right of office of
a person elected representative in congress shall cease before the
commencement of the term of service for which he or she shall have
been elected, or whenever a vacancy shall occur in the office of
representative in congress after the term of service has begun for
which such
the representative was elected. ;
or the governor
shall
direct that such vacancy shall be filled at the next general
election
to be held at least 30 days after such vacancy shall
occur.
(2) Except as otherwise provided in this subsection, the
special election called by the governor under subsection (1) or the
special primary for that special election shall be held on the next
regular election date as provided in section 641(1)(a) through (d).
If the special primary is held on the next regular election date,
the special election shall be held not less than 20 days or more
than 30 days after the special primary. If the next regular
election date is less than 30 days after the vacancy occurs in the
office of representative in congress, the special primary or
special election shall be held on the next regular election date
that is 30 days or more after the vacancy occurs.
Sec. 634. (1) Except as otherwise provided in this section,
when a vacancy occurs in the office of senator or representative in
the state legislature, the governor may call a special election in
that senatorial or representative district or direct that the
vacancy be filled at the next general election.
(2) Except as otherwise provided in this subsection, if the
governor calls a special election pursuant to subsection (1), the
special election or the special primary for that special election
shall be held on the next regular election date as provided in
section 641(1)(a) through (d). If the special primary is held on
the next regular election date, the special election shall be held
not less than 20 days or more than 30 days after the special
primary. If the next regular election date is less than 30 days
after the vacancy occurs in the office of senator or representative
in the state legislature, the special primary or special election
shall be held on the next regular election date that is 30 days or
more after the vacancy occurs.
(3) (2)
If the vacancy occurs 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 the nominee of that party at that general election to fill
the vacancy for the unexpired term with the same force and effect
as if the person 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 be counted, canvassed, and
returned as other ballots cast at that election.
(4) (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.
Sec. 641. (1) Except as otherwise provided in this section and
sections 642 and 642a, beginning January 1, 2005, an election held
under this act shall be held on 1 of the following regular election
dates:
(a) The February regular election date, which is the fourth
Tuesday in February.
(b) The May regular election date, which is the first Tuesday
after the first Monday in May.
(c) The August regular election date, which is the first
Tuesday after the first Monday in August.
(d) The November regular election date, which is the first
Tuesday after the first Monday in November.
(2) If an elective office is listed by name in section 643,
requiring the election for that office to be held at the general
election, and if candidates for the office are nominated at a
primary election, the primary election shall be held on the August
regular election date.
(3) Except as otherwise provided in this subsection and
subsection (4), a special election shall be held on a regular
election
date. A special election called by the
governor under
section
145, 178, 632, 633, or 634 to fill a vacancy or called by
the
legislature to submit a proposed constitutional
amendment as
authorized in section 1 of article XII of the state constitution of
1963 may, but is not required to be, held on a regular election
date. A special election called by the governor to fill a vacancy
in the office of representative in congress shall be held as
provided in section 632 or 633. A special election called by the
governor to fill a vacancy in the office of senator or
representative in the state legislature shall be held as provided
in section 634.
(4) A school district may call a special election to submit a
ballot question to borrow money, increase a millage, or establish a
bond if an initiative petition is filed with the county clerk. The
petition shall be signed by a number of qualified and registered
electors of the district equal to not less than 10% of the electors
voting in the last gubernatorial election in that district or 3,000
signatures, whichever number is lesser. Section 488 applies to a
petition to call a special election for a school district under
this section. In addition to the requirements set forth in section
488, the proposed date of the special election shall appear beneath
the petition heading, and the petition shall clearly state the
amount of the millage increase or the amount of the loan or bond
sought and the purpose for the millage increase or the purpose for
the loan or bond. The petition shall be filed with the county clerk
by 4 p.m. of the twelfth Tuesday before the proposed date of the
special election. The petition signatures shall be obtained within
60 days before the filing of the petition. Any signatures obtained
more than 60 days before the filing of the petition are not valid.
If the special election called by the school district is not
scheduled to be held on a regular election date as provided in
subsection (1), the special election shall be held on a Tuesday. A
special election called by a school district under this subsection
shall not be held within 30 days before or 35 days after a regular
election date as provided in subsection (1). A school district may
only call 1 special election pursuant to this subsection in each
calendar year.
(5) The secretary of state shall make a report to the house
and senate committees that consider election issues by December 1,
2006. The secretary of state shall report about the special
elections held under this subsection, including, but not limited
to, all of the following:
(a) The number of times a special election has been held.
(b) Which school districts have held special elections.
(c) Information about the success rate of the ballot question
submitted at the special elections.
(d) Information about voter turnout, including the percentage
and number of registered voters who voted in each special election.
(6) The secretary of state shall direct and supervise the
consolidation of all elections held under this act.
(7) This section shall be known and may be cited as the
"Hammerstrom election consolidation law".