HB-5063, As Passed House, March 14, 2012

SUBSTITUTE FOR

HOUSE BILL NO. 5063

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 22e, 32, 477, 480, 558, and 560b (MCL 168.22e,

168.32, 168.477, 168.480, 168.558, and 168.560b), section 22e as

added by 1995 PA 261, section 477 as amended by 1999 PA 219, and

section 558 as amended and section 560b as added by 2002 PA 163,

and by adding section 483a; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 22e. (1) The board of state canvassers shall meet to

consider and approve a statement of the purpose of a proposed

constitutional amendment or other ballot question prepared pursuant

to ~~sections~~ section 32. ~~and 474.~~ The board of state canvassers

shall give not less than 3 full business days' notice to the public

of a meeting held under this subsection. The board of state

canvassers shall also give not less than 3 full business days'

notice to all of the following:

(a) The legally or generally recognized sponsor of the

proposed constitutional amendment or other ballot question, if any.

(b) The legislative sponsor of the proposed constitutional

amendment or ballot question, if any.

(d) The speaker of the house of representatives.

(e) The minority leaders of the senate and the house of

representatives.

(f) A legislator who does not receive notice under

subdivisions (c), (d), or (e).

(2) The board of state canvassers shall publicly request and

allow a person described in subsection (1)(a) or (b), or a

representative of that person, to address a meeting held under this

section.

Sec. 32. (1) ~~There is hereby continued in~~ In the office of the

secretary of state, the bureau of elections created by ~~Act No. 65~~

~~of the Public Acts of 1951,~~ former 1951 PA 65 continues under the

supervision of a director of elections, to be appointed by the

secretary of state under civil service regulations. The director of

elections shall be vested with the powers and shall perform the

duties of the secretary of state under his or her supervision, with

respect to the supervision and administration of the election laws.

The director of elections shall be a nonmember secretary of the

state board of canvassers.

(2) The director of elections, with the approval of the state

board of canvassers, shall prepare a statement for designation on

the ballot in not more than 100 words, exclusive of caption, of the

purpose of any proposed amendment or question , to be submitted to

the electors as required under section 9 of article II, section 34

of article IV, or section 1 or 2 of article 12 XII of the state

constitution of 1963. The powers and duties of the state board of

canvassers and the secretary of state with respect to the

preparation of ~~such~~ the statement are ~~hereby~~ transferred to the

director of elections. The secretary of state shall certify the

statement of the purpose of any proposed amendment or question to

be submitted to the electors not later than 60 days before the date

of the election.

Sec. 477. (1) The board of state canvassers shall make an

official declaration of the sufficiency or insufficiency of a

petition under this chapter at least 2 months before the election

at which the proposal is to be submitted. If the board of state

canvassers declares that the petition is sufficient, the secretary

of state shall send copies of the statement of purpose of the

proposal as approved by the board of state canvassers ~~under section~~

~~474~~ to the several daily and weekly newspapers published in this

state, with the request that the newspapers give as wide publicity

as possible to the proposed amendment or other question.

Publication of any matter by any newspaper under this section shall

be without expense or cost to the state of Michigan.

(2) For the purposes of the second paragraph of section 9 of

article II of the state constitution of 1963, a law that is the

subject of the referendum continues to be effective until the

referendum is properly invoked, which occurs when the board of

state canvassers makes its official declaration of the sufficiency

of the referendum petition. The board of state canvassers shall

complete the canvass of a referendum petition within 60 days after

the petition is filed with the secretary of state, except that 1

15-day extension may be granted by the secretary of state if

necessary to complete the canvass.

Sec. 480. ~~Whenever~~ If a proposed constitutional amendment or

other special question is to be submitted to the electors of ~~the~~

this state for a popular vote, the secretary of state shall, not

less than 49 60 days before the date of the election at which the

proposed constitutional amendment or other special question is to

be submitted, certify the ~~same~~ statement of the purpose for

designation on the ballot to the clerk of each county in ~~the~~ this

state, together with the form in which ~~such~~ the constitutional

amendment or other special questions shall be ~~submitted.~~ printed on

the ballot. The secretary of state shall also furnish the ~~several~~

county clerks in ~~the~~ this state 2 copies of the text of each

constitutional amendment or other special question and 2 copies of

each ~~said~~ statement for each voting precinct in their respective

counties. ~~The~~ Each county clerk shall furnish the ~~said~~ copies of

~~such~~ the statement to the ~~several~~ township and city clerks in his

or her county at the time other supplies for the election are

furnished. ~~; and each such~~ Each township or city clerk shall,

before the opening of the polls on election day, deliver the copies

of ~~such~~ the text and statement to which each voting precinct in his

or her township or city is entitled to the board of election

inspectors of ~~said~~ the precinct, who shall post the same in

House Bill No. 5063 (H-3) as amended March 13, 2012

conspicuous places in the room where ~~such~~ the election is held.

Sec. 483a. (1) [Subject to subsection (9), a] petition proposing

[a constitutional amendment, initiation of legislation, or referendum of]

legislation shall be submitted to the

director of elections for review before being circulated. When

submitted, the petition form shall be accompanied by an affidavit

executed by the printer who prepared the petition form attesting

that the type sizes used on the form comply with the type size

requirements specified under section 482. Upon receipt of a

petition, the director of elections shall determine whether the

petition complies with all applicable formatting requirements. If a

statement describing the subject matter of the proposal appears on

the form, the director of elections shall determine whether the

statement fairly reflects the subject matter of the proposal. The

director of elections shall prepare a written report concerning the

review of the petition form for presentation to the board of state

canvassers. The written report shall include a copy of the petition

form, the affidavit submitted by the printer who prepared the

petition form, certification by the director of elections that the

petition complies with the applicable formatting requirements, and,

if a statement describing the subject matter of the proposal

appears on the form, certification by the director of elections

that the statement fairly reflects the subject matter of the

proposal.

(2) The board of state canvassers shall meet within 30 days

after the petition sponsor submits the petition to the director of

elections for review to receive the report prepared by the director

of elections and to consider the approval of the petition form. If

the director of elections requests a revision of the petition

during the course of the review process, the board of state

canvassers shall meet within 30 days after the petition sponsor

submits the final petition revision requested by the director of

elections. The board of state canvassers shall not meet to consider

the approval of the petition form unless and until the director of

elections certifies that the petition complies with the applicable

formatting requirements and, if a statement describing the subject

matter of the proposal appears on the form, that the statement

fairly reflects the subject matter of the proposal.

(3) If the board of state canvassers adopts a motion to

approve the form of the petition, the petition sponsor may proceed

with circulating the petition. Any signatures affixed to the

petition that are dated before the date the board of state

canvassers approves the form of the petition are invalid.

(4) If the board of state canvassers adopts a motion to not

approve the form of the petition, the petition sponsor shall not

circulate the petition for the collection of signatures. Any

signatures affixed to a petition form not approved by the board of

state canvassers are invalid. The motion entered to not approve the

form of the petition shall specify the deficiencies identified in

the petition form. The petition sponsor may correct the petition

form and resubmit the petition form to the director of elections

for review and reconsideration. The board of state canvassers shall

meet to consider the approval of the corrected petition form within

30 days after the petition sponsor submits the corrected petition

form to the director of elections.

(5) If the board of state canvassers fails to meet to receive

the report prepared by the director of elections within the

prescribed 30-day time period provided in subsection (2) or if the

board meets to receive the report prepared by the director of

elections within the 30-day time period and fails to adopt a motion

to approve or not approve the petition form because of a deadlock

or any other reason, the petition sponsor may proceed with

circulating the petition. Any signatures affixed to the petition

that are dated on or before the date the 30-day time period elapsed

or are dated on or before the date the board of state canvassers

met to receive the report prepared by the director of elections, if

an earlier date, are invalid. If the petition form is subsequently

used to submit a filing to the secretary of state, the petition

form shall be subject to review and approval by the board of state

canvassers as a part of the canvass of the petition for

sufficiency.

(6) The substance of the proposal appearing on a petition

submitted to the director of elections shall not be subject to

review or consideration by the director of elections or the board

of state canvassers. If the petition bears a statement describing

the subject matter of the proposal, the statement shall not be

subject to review or consideration by the board of state

canvassers.

(7) After a petition form is approved by the board of state

canvassers, the petition shall not be altered or modified in any

way prior to or during the circulation of the petition, except for

any tear-off sheets that provide for directory information.

House Bill No. 5063 (H-3) as amended March 13, 2012

(8) Any person who feels aggrieved by a determination made by

the director of elections or the board of state canvassers relative

to the form of a petition or the statement describing the subject

matter of the proposal appearing on the petition, if any, may have

the determination reviewed on appeal by the Michigan court of

appeals on an expedited basis.

[(9) This section does not apply to a petition that is being

circulated for signatures on or before the effective date of the amendatory act that added this subsection.]

Sec. 558. (1) When filing a nominating petition, qualifying

petition, filing fee, or affidavit of candidacy for a federal,

county, state, city, township, village, or school district office

in any election, a candidate shall file with the officer with whom

the petitions, fee, or affidavit is filed 2 copies of an affidavit

of identity. A candidate nominated for a federal, state, county,

city, township, or village office at a political party convention

or caucus shall file an affidavit of identity within 1 business day

after being nominated with the secretary of state. The affidavit of

identity filing requirement does not apply to a candidate nominated

for the office of president of the United States or vice president

of the United States.

(2) An affidavit of identity shall contain the candidate's

name, address, and ward and precinct where registered, if qualified

to vote at that election; a statement that the candidate is a

citizen of the United States; the candidate's number of years of

residence in the state and county; other information that may be

required to satisfy the officer as to the identity of the

candidate; the manner in which the candidate wishes to have his or

her name appear on the ballot; and a statement that the candidate

either is or is not using a name, whether a given name, a surname,

or otherwise, that is not a name that he or she was given at birth.

If a candidate is using a name that is not a name that he or she

was given at birth, the candidate shall include on the affidavit of

identity the candidate's full former name.

(3) The requirement to indicate a name change on the affidavit

of identity does not apply if the name in question is 1 of the

following:

(a) A name that was formally changed at least 10 years before

filing as a candidate.

(b) A name that was changed in a certificate of naturalization

issued by a federal district court at the time the individual

became a naturalized citizen at least 10 years before filing as a

candidate.

(d) A name that was changed because of divorce, but only if to

a legal name by which the individual was previously known.

(e) A name that constitutes a common law name as provided in

section 560b.

(4) An affidavit of identity shall include a statement that as

of the date of the affidavit, all statements, reports, late filing

fees, and fines required of the candidate or any candidate

committee organized to support the candidate's election under the

Michigan campaign finance act, 1976 PA 388, MCL 169.201 to 169.282,

have been filed or paid; and a statement that the candidate

acknowledges that making a false statement in the affidavit is

perjury, punishable by a fine up to $1,000.00 or imprisonment for

up to 5 years, or both. If a candidate files the affidavit of

identity with an officer other than the county clerk or secretary

of state, the officer shall immediately forward to the county clerk

1 copy of the affidavit of identity by first-class mail. The county

clerk shall immediately forward 1 copy of the affidavit of identity

for state and federal candidates to the secretary of state by

first-class mail. An officer shall not certify to the board of

election commissioners the name of a candidate who fails to comply

with this section.

(5) If petitions or filing fees are filed by or in behalf of a

candidate for more than 1 office, either federal, state, county,

city, village, township, or school district, the terms of which run

concurrently or overlap, the candidate so filing, or in behalf of

whom petitions or fees were so filed, shall select the 1 office to

which his or her candidacy is restricted within 3 days after the

last day for the filing of petitions or filing fees unless the

petitions or filing fees are filed for 2 offices that are combined

or for offices that are not incompatible. Failure to make the

selection disqualifies a candidate with respect to each office for

which petitions or fees were so filed and the name of the candidate

shall not be printed upon the ballot for those offices. A vote cast

for that candidate at the ensuing primary or general election shall

not be counted and is void.

Sec. 560b. (1) A candidate required to indicate a name change

on the affidavit of identity under section 558 shall be listed on

the ballot with his or her current name and former name as

prescribed by the secretary of state.

(2) Subject to subsections (3) and (4), both a candidate's

given name and surname that he or she was given at birth, and only

those names, shall appear on the ballot, except under 1 of the

following circumstances:

(a) The name in question, whether a given name, a surname, or

otherwise, is a name that was formally changed.

(b) The candidate is subject to subsection (1).

otherwise, is 1 of the following:

(i) A name that was changed in a certificate of naturalization

issued by a federal district court at the time the individual

became a naturalized citizen at least 10 years before filing as a

candidate.

(ii) A name that was changed because of marriage.

(iii) A name that was changed because of divorce, but only if to

a legal name by which the individual was previously known.

(3) A candidate may specify that both his or her given name

and middle name, or only a middle name, shall appear on the ballot.

A candidate may specify that either an initial or a recognized

diminutive for the candidate's given or middle name, or for both,

shall appear on the ballot. In addition, a candidate may specify

that a common law name used in accordance with Michigan department

of state guidelines for use of a common law name on a driver

license or state personal identification card shall appear on that

ballot.

(4) A candidate is prohibited from specifying that a nickname

that is not a recognized diminutive of the candidate's common law

name, given name, or middle name appear on the ballot. A married

individual is prohibited from specifying that his or her spouse's

given name, or an alternative for that given name otherwise

permitted under subsection (3), appear on the ballot.

(5) A ballot that would violate this section shall not be

produced, printed, or distributed.

Enacting section 1. Sections 474, 649, and 707 of the Michigan

election law, 1954 PA 116, MCL 168.474, 168.649, and 168.707, are

repealed.