June 29, 2006, Introduced by Senators CROPSEY and SIKKEMA and referred to the Committee on Judiciary.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 552 (MCL 168.552), as amended by 2005 PA 71.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 552. (1) The county or city clerk, after the last day
specified in this act for receiving and filing nominating
petitions, shall immediately certify to the proper board or boards
of election commissioners in the city, county, district, or state
the name and post office address of each party candidate whose
petitions meet the requirements of this act, together with the name
of the political party and the office for which he or she is a
candidate.
(2) If the county clerk receives a sworn complaint, in
writing, questioning the registration or genuineness of the
signature of the circulator or of a person signing a petition filed
with the county clerk for an office, the county clerk shall
commence an investigation. The county clerk shall cause the
petition that he or she considers necessary to be forwarded to the
proper city clerk or township clerk to compare the signatures
appearing on the petition with the signatures appearing on the
registration
record as required by subsection (13) (14). The
county clerk may conduct the signature comparisons as required by
subsection (13)
(14) using the digitized signatures in the
qualified voter file, in lieu of requesting the local clerk to
conduct the signature comparison. If the request has been made by
the county clerk, the city clerk or township clerk shall complete
the investigation and report his or her findings to the county
clerk within 7 days after the request. The investigation shall
include the validity of the signatures and the genuineness of a
petition as is specified in the sworn complaint and may include any
other doubtful signatures or petitions filed on behalf of the
candidate against whose petitions the sworn complaint is directed,
as the county clerk considers necessary. The county clerk is not
required to act on a complaint respecting the validity and
genuineness of signatures on a petition unless the complaint sets
forth the specific signatures claimed to be invalid and the
specific petition for which the complaint questions the validity
and genuineness of the signature or registration of the circulator,
and unless the complaint is received by the county clerk within 7
days after the deadline for the filing of the nominating petitions.
(3) In addition to the duty specified in subsection (2) for
the examination of petitions, the county clerk, on his or her own
initiative, on receipt of the nominating petitions, may examine the
petitions, and if after examination the county clerk is in doubt as
to the validity of the registration or genuineness of the signature
of the circulator or persons signing or purported to have signed
the petitions, the county clerk shall commence an investigation.
Subject
to subsection (13) (14), the county clerk shall cause the
petitions in question to be forwarded to the proper city clerk or
township clerk to compare the signatures appearing on the petitions
with the signatures appearing on the registration records. The
county clerk may conduct the signature comparisons as required by
subsection (13)
(14) using the digitized signatures in the
qualified voter file, in lieu of requesting the local clerk to
conduct the signature comparison.
(4) The clerk of a political subdivision shall cooperate fully
with the county clerk in a request made to the clerk by the county
clerk in determining the validity of doubtful signatures by
checking the signatures against registration records in an
expeditious and proper manner.
(5) At least 2 business days before the county clerk makes a
final determination on challenges to and sufficiency of a petition,
the county clerk shall make public its staff report concerning
disposition of challenges filed against the petition. Beginning
with the receipt of any document from local election officials
under subsection (2) or (3), the county clerk shall make that
document available to petitioners and challengers on a daily basis.
(6) Upon the completion of the investigation or examination,
the county clerk shall immediately make an official declaration of
the sufficiency or insufficiency of nominating petitions for which
a sworn complaint has been received or of the sufficiency or
insufficiency of nominating petitions that the county clerk has
examined or investigated on his or her own initiative. A person
feeling aggrieved by a determination made by the county clerk may
have the determination reviewed by the secretary of state by filing
a written request with the secretary of state within 3 days after
the official declaration of the county clerk, unless the third day
falls on a Saturday, Sunday, or legal holiday, in which case the
request may be filed not later than 4 p.m. on the next day that is
not a Saturday, Sunday, or legal holiday. Alternatively, the
aggrieved person may have the determination of the county clerk
reviewed by filing a mandamus, certiorari, or other appropriate
remedy in the circuit court. A person who filed a nominating
petition and feels aggrieved by the determination of the secretary
of state may then have that determination reviewed by mandamus,
certiorari, or other appropriate remedy in the circuit court.
(7) A city clerk with whom nominating petitions are filed may
examine the petitions and investigate the validity and genuineness
of
signatures appearing on the petitions. Subject to subsection
(13)
(14), the city clerk may check the signatures against
registration records. The city clerk shall make a determination as
to the sufficiency or insufficiency of the petitions upon the
completion of the examination or investigation, and shall make an
official declaration of the findings. A person feeling aggrieved by
the determination has the same rights of review as in case of a
determination by the county clerk.
(8) Upon the filing of nominating petitions with the secretary
of state, the secretary of state shall notify the board of state
canvassers within 5 days after the last day for filing the
petitions. The notification shall be by first-class mail. Upon the
receipt of the nominating petitions, the bureau of elections, on
behalf of the board of state canvassers, shall canvass the
petitions to ascertain if the petitions have been signed by the
requisite number of qualified and registered electors. Subject to
subsection (13)
(14), for the purpose of determining the validity
of the signatures, the board of state canvassers or the bureau of
elections may cause a doubtful signature to be checked against the
qualified voter file or the registration records by the clerk of a
political subdivision in which the petitions were circulated. If
the board of state canvassers receives a sworn complaint, in
writing, questioning the registration of or the genuineness of the
signature of the circulator or of a person signing a nominating
petition filed with the secretary of state, the board of state
canvassers
shall commence an investigation. Subject to subsection
(13)
(14), the board of state canvassers or the bureau of
elections shall verify the registration or the genuineness of a
signature
as required by subsection (13) (14). If the board of
state canvassers or the bureau of elections is unable to verify the
genuineness of a signature on a petition, the board or the bureau
shall cause the petition to be forwarded to the proper city clerk
or township clerk to compare the signatures on the petition with
the signatures on the registration record, or in some other manner
determine whether the signatures on the petition are valid and
genuine. The board of state canvassers is not required to act on a
complaint respecting the validity and genuineness of signatures on
a petition unless the complaint sets forth the specific signatures
claimed to be invalid and the specific petition for which the
complaint questions the validity and genuineness of the signature
or the registration of the circulator, and unless the complaint is
received by the board of state canvassers within 7 days after the
deadline for filing the nominating petitions. After receiving a
request from the board of state canvassers or the bureau of
elections under this subsection, the clerk of a political
subdivision shall cooperate fully in determining the validity of
doubtful signatures by rechecking the signatures against
registration records in an expeditious and proper manner. The board
of state canvassers may extend the 7-day challenge period if it
finds that the challenger did not receive a copy of each petition
sheet that the challenger requested from the secretary of state.
The extension of the challenge deadline under this subsection does
not extend another deadline under this section.
(9) The board of state canvassers may hold a hearing upon a
complaint filed or for a purpose considered necessary by the board
of state canvassers to conduct an investigation of the petitions.
In conducting a hearing, the board of state canvassers may issue
subpoenas and administer oaths. The board of state canvassers may
also adjourn periodically awaiting receipt of returns from
investigations that are being made or for other necessary purposes,
but shall complete the canvass not less than 9 weeks before the
primary election at which candidates are to be nominated. Before
making
the board of state
canvassers makes a final determination,
the board of state canvassers or the bureau of elections may
consider any deficiency found on the face of the petition that does
not require verification against data maintained in the qualified
voter file or in the voter registration files maintained by a city
or township clerk.
(10) At least 2 business days before the board of state
canvassers meets to make a final determination on challenges to and
sufficiency of a petition, the board shall make public its staff
report concerning disposition of challenges filed against the
petition. Beginning with the receipt of any document from local
election officials under subsection (8), the board of state
canvassers shall make that document available to candidates and
challengers on a daily basis.
(11) Based on the results of the canvass and the disposition
of any challenge filed against the petition, the director of
elections shall make a recommendation to the board of state
canvassers concerning the sufficiency or insufficiency of the
petition. The recommendation of the director of elections
concerning the sufficiency or insufficiency of the petition shall
be considered approved by the board of state canvassers unless the
recommendation of the director of elections is disapproved by a
majority vote of the members appointed to and serving on the board
of state canvassers.
(12) (11)
An official declaration of the sufficiency or
insufficiency of a nominating petition shall be made by the board
of state canvassers not less than 60 days before the primary
election at which candidates are to be nominated. At the time of
filing a nominating petition with the secretary of state, the
person filing the petition may request a notice of the approval or
rejection of the petition. If a request is made at the time of
filing the petition, the secretary of state, immediately upon the
determination of approval or rejection, shall transmit by
registered mail to the person making the request an official notice
of the sufficiency or insufficiency of the petitions.
(13) (12)
A person who filed a nominating petition with the
secretary of state and who feels aggrieved by a determination made
by the board of state canvassers may have the determination
reviewed by mandamus, certiorari, or other appropriate process in
the supreme court.
(14) (13)
The qualified voter file may be used to determine
the validity of petition signatures by verifying the registration
of signers. If the qualified voter file indicates that, on the date
the elector signed the petition, the elector was not registered to
vote, there is a rebuttable presumption that the signature is
invalid. If the qualified voter file indicates that, on the date
the elector signed the petition, the elector was not registered to
vote in the city or township designated on the petition, there is a
rebuttable presumption that the signature is invalid. The qualified
voter file shall be used to determine the genuineness of a
signature on a petition. Signature comparisons shall be made with
the digitized signatures in the qualified voter file. The county
clerk, or
the board of state canvassers, or the bureau of
elections shall conduct the signature comparison using digitized
signatures contained in the qualified voter file for their
respective investigations. If the qualified voter file does not
contain a digitized signature of an elector, the city or the
township clerk shall compare the petition signature to the
signature contained on the master card.
(15) (14)
Not less than 60 days before the primary election
at which candidates are to be nominated, the secretary of state
shall certify to the proper boards of election commissioners in the
various counties in the state, the name and post office address of
each partisan or nonpartisan candidate whose petitions have been
filed with the secretary of state and meet the requirements of this
act, together with the name of the political party, if any, and the
office for which he or she is a candidate.