August 15, 2012, Introduced by Rep. Hooker and referred to the Committee on Redistricting and Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 163, 164, 166, 193, 194, 196, 224, 225, 227,
254, 256, and 257 (MCL 168.163, 168.164, 168.166, 168.193, 168.194,
168.196, 168.224, 168.225, 168.227, 168.254, 168.256, and 168.257),
sections 163, 166, 193, 196, 224, 227, 254, and 257 as amended by
2012 PA 276 and section 164 as amended by 1990 PA 7.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 163. (1) To obtain the printing of the name of a person
as a candidate for nomination by a political party for the office
of state senator or representative under a particular party heading
upon the official primary ballots in the various election precincts
of a district, there shall be filed nominating petitions signed by
a number of qualified and registered electors residing in the
district as determined under section 544f. If the district
comprises more than 1 county, the nominating petitions shall be
filed with the secretary of state. If the district comprises 1
county or less, the nominating petitions shall be filed with the
county clerk of that county. Nominating petitions shall be in the
form prescribed in section 544c. Until December 31, 2013, if
nominating petitions are filed by an incumbent state senator or
incumbent state representative for the office of state senator or
state representative, the secretary of state and the various county
clerks shall receive nominating petitions for filing in accordance
with this act up to 4 p.m. of the fourteenth Tuesday before the
August primary. Until December 31, 2013, if nominating petitions
are filed by a nonincumbent candidate for the office of state
senator or state representative, the secretary of state and the
various county clerks shall receive nominating petitions for filing
in accordance with this act up to 4 p.m. of the twelfth Tuesday
before the August primary. Beginning January 1, 2014, if nominating
petitions are filed by an incumbent state senator or incumbent
state representative for the office of state senator or state
representative, the secretary of state and the various county
clerks shall receive nominating petitions for filing in accordance
with this act up to 4 p.m. of the seventeenth Tuesday before the
August primary. Beginning January 1, 2014, if nominating petitions
are filed by a nonincumbent candidate for the office of state
senator or state representative, the secretary of state and the
various county clerks shall receive nominating petitions for filing
in accordance with this act up to 4 p.m. of the fifteenth Tuesday
before the August primary.
(2) In lieu of filing a nominating petition, a filing fee of
$100.00 may be paid to the county clerk or, for a candidate in a
district comprising more than 1 county, to the secretary of state.
Payment of the fee and certification of the name of the candidate
paying the fee shall be governed by the same provisions as in the
case of nominating petitions. The fee shall be deposited in the
general fund of the county and shall be refunded to candidates who
are nominated and to an equal number of candidates who receive the
next highest number of votes in the primary election. If 2 or more
candidates tie in having the lowest number of votes allowing a
refund, the sum of $100.00 shall be divided among them. A refund of
a deposit shall not be made to a candidate who withdraws as a
candidate.
Sec. 164. After the filing of a nominating petition or filing
fee by or in on behalf of a proposed
candidate for the office of
state senator or representative, such the candidate
shall not be
permitted to withdraw unless a written notice of withdrawal is
served on the official with whom his or her nominating petitions or
filing fee were filed, or his or her duly authorized agent, not
later than 4 o'clock, p.m., eastern
standard time, in the afternoon
of the third day after the last day for filing such
the petition as
provided in section 163. After the filing of a nominating petition
or filing fee by or on behalf of a proposed candidate for the
office of state senator or representative during an extended filing
period under section 166(2), the candidate shall not be permitted
to withdraw.
Sec. 166. (1) If Except as otherwise provided in subsection
(2), if for any reason the number of candidates of a political
party for the office of state senator or representative is equal to
less than the total number to be nominated and elected, a
sufficient number of blank spaces shall be provided on the primary
ballots that affords every elector of the political party an
opportunity to vote for as many candidates as are to be nominated
and elected by writing in the name or names of his or her
selection.
(2) If a nonincumbent candidate for state senator or state
representative withdraws as a candidate on the last day to file as
a candidate or before the withdrawal deadline under section 164,
leaving the number of candidates of a political party for the
office of state senator or representative less than the total
number to be nominated and elected, the filing deadline shall be
extended until 4 p.m., eastern standard time, in the afternoon of
the second business day after the withdrawal deadline under section
164. This subsection applies whether or not the candidate refiles
for the same or a different office.
Sec. 193. (1) To obtain the printing of the name of a person
as a candidate for nomination by a political party for an office
named in section 191 under a particular party heading upon the
official primary ballots, there shall be filed with the county
clerk nominating petitions signed by a number of qualified and
registered electors residing within the county as determined under
section 544f. Nominating petitions shall be in the form prescribed
in section 544c. Until December 31, 2013, if nominating petitions
are filed by an incumbent candidate for an office named in section
191, the county clerk shall receive nominating petitions up to 4
p.m. of the fourteenth Tuesday before the August primary. Until
December 31, 2013, if nominating petitions are filed by a
nonincumbent candidate for an office named in section 191, the
county clerk shall receive nominating petitions up to 4 p.m. of the
twelfth Tuesday before the August primary. Beginning January 1,
2014, if nominating petitions are filed by an incumbent candidate
for an office named in section 191, the county clerk shall receive
nominating petitions up to 4 p.m. of the seventeenth Tuesday before
the August primary. Beginning January 1, 2014, if nominating
petitions are filed by a nonincumbent candidate for an office named
in section 191, the county clerk shall receive nominating petitions
up to 4 p.m. of the fifteenth Tuesday before the August primary.
(2) To obtain the printing of the name of a candidate of a
political party under the particular party's heading upon the
primary election ballots in the various voting precincts of the
county, there may be filed by the candidate, in lieu of filing
nomination nominating petitions, a
filing fee of $100.00 to be paid
to the county clerk. Payment of the fee and certification of the
candidate's name paying the fee shall be governed by the same
provisions as in the case of nominating petitions. The fee shall be
deposited in the general fund of the county and shall be refunded
to candidates who are nominated and to an equal number of
candidates who receive the next highest number of votes in the
primary election. If 2 or more candidates tie in having the lowest
number of votes allowing a refund, the sum of $100.00 shall be
divided among them. The deposits of all other defeated candidates,
as well as the deposits of candidates who withdraw or are
disqualified, shall be forfeited and the candidates shall be
notified of the forfeiture. Deposits forfeited under this section
shall be paid into and credited to the general fund of the county.
Sec. 194. After the filing of a nominating petition or filing
fee by or in on behalf of a proposed
candidate for any of the
offices named in section 191, of
this act, such the candidate shall
not be permitted to withdraw unless a written notice of withdrawal
is served on the county clerk or his or her duly authorized agent
not later than 4 o'clock, p.m., eastern
standard time, in the
afternoon of the third day after the last day for
filing such the
petition or filing fee, as in this act provided in section 193,
unless the third day falls on a Saturday, Sunday, or legal holiday,
in which case the notice of withdrawal may be served on the clerk
up to 4 o'clock, p.m., eastern
standard time, on the next secular
day. After the filing of a nominating petition or filing fee by or
on behalf of a proposed candidate for any of the offices named in
section 191 during an extended filing period under section 196(2),
the candidate shall not be permitted to withdraw.
Sec. 196. (1) If Except as otherwise provided in subsection
(2), if for any reason the number of candidates of a political
party for any 1 or more of the offices named in section 191 is
equal to less than the total number to be nominated by the
political party, a blank space or spaces shall be provided on each
of the official primary ballots that affords every elector of the
political party an opportunity to vote for as many candidates for
the office as are to be nominated by the political party by writing
in the name or names of his or her selection.
(2) If a nonincumbent candidate for any 1 or more of the
offices named in section 191 withdraws as a candidate on the last
day to file as a candidate or before the withdrawal deadline under
section 194, leaving the number of candidates of a political party
for any of the offices named in section 191 less than the total
number to be nominated and elected, the filing deadline for that
office with insufficient candidates shall be extended until 4 p.m.,
eastern standard time, in the afternoon of the second business day
after the withdrawal deadline under section 194. This subsection
applies whether or not the candidate refiles for the same or a
different office.
Sec. 224. (1) To obtain the printing of the name of a person
as candidate for nomination by a political party for the office of
county auditor under a particular party heading upon the official
primary ballots, there shall be filed with the county clerk
nominating petitions signed by a number of qualified and registered
electors residing within the county as determined under section
544f. Nominating petitions shall be in the form prescribed in
section 544c. Until December 31, 2013, if nominating petitions are
filed by an incumbent candidate for the office of county auditor,
the county clerk shall receive nominating petitions up to 4 p.m. of
the fourteenth Tuesday before the August primary. Until December
31, 2013, if nominating petitions are filed by a nonincumbent
candidate for the office of county auditor, the county clerk shall
receive nominating petitions up to 4 p.m. of the twelfth Tuesday
before the August primary. Beginning January 1, 2014, if nominating
petitions are filed by an incumbent candidate for the office of
county auditor, the county clerk shall receive nominating petitions
up to 4 p.m. of the seventeenth Tuesday before the August primary.
Beginning January 1, 2014, if nominating petitions are filed by a
nonincumbent candidate for the office of county auditor, the county
clerk shall receive nominating petitions up to 4 p.m. of the
fifteenth Tuesday before the August primary.
(2) To obtain the printing of the name of the candidate of a
political party under the particular party's heading upon the
primary election ballots in the various voting precincts of the
county, there may be filed by the candidate, in lieu of filing
nominating petitions, a filing fee of $100.00 to be paid to the
county clerk. Payment of the fee and certification of the name of
the candidate paying the fee shall be governed by the same
provisions as in the case of nominating petitions. The fee shall be
deposited in the general fund of the county and shall be refunded
to candidates who are nominated and to an equal number of
candidates who received the next highest number of votes in the
primary election. If 2 or more candidates tie in having the lowest
number of votes allowing a refund, the sum of $100.00 shall be
divided among them. The deposits of all other defeated candidates
and of candidates who withdraw or are disqualified shall be
forfeited and the candidates shall be notified of the forfeitures.
Deposits forfeited under this section shall be paid into and
credited to the general fund of the county.
Sec. 225. After the filing of nominating petitions or filing
fee by or in on behalf of a proposed
candidate for the office of
county auditor, such the candidate
shall not be permitted to
withdraw unless a written notice of withdrawal is served on the
county clerk or his or her duly authorized agent not later than 4
o'clock, p.m., eastern standard time,
in the afternoon of the third
day after the last day for filing such the petitions,
as in this
act provided in section 224, unless the third day falls on a
Saturday, Sunday, or legal holiday, in which case the notice of
withdrawal may be served on the clerk up to 4 o'clock,
p.m.,
eastern standard time, on the next secular day. After the filing of
a nominating petition or filing fee by or on behalf of a proposed
candidate for the office of county auditor during an extended
filing period under section 227(2), the candidate shall not be
permitted to withdraw.
Sec. 227. (1) If Except as otherwise provided in subsection
(2), if for any reason there is no candidate of a political party
for county auditor, a blank space shall be provided on each of the
official primary ballots that affords every elector of the
political party an opportunity to vote for a candidate for the
office by writing in the name of his or her selection.
(2) If a nonincumbent candidate for county auditor withdraws
as a candidate on the last day to file as a candidate or before the
withdrawal deadline under section 225, leaving the number of
candidates of a political party for the office of county auditor
less than the total number to be nominated and elected, the filing
deadline shall be extended until 4 p.m., eastern standard time, in
the afternoon of the second business day after the withdrawal
deadline under section 225. This subsection applies whether or not
the candidate refiles for the same or a different office.
Sec. 254. (1) To obtain the printing of the name of a person
as a candidate for nomination by a political party for the office
of county road commissioner under a particular party heading upon
the official primary ballots, there shall be filed with the county
clerk of the county nominating petitions signed by a number of
qualified and registered electors residing within the county as
determined under section 544f. Nominating petitions shall be in the
form prescribed in section 544c. Until December 31, 2013, if
nominating petitions are filed by an incumbent candidate for the
office of county road commissioner, the county clerk shall receive
nominating petitions up to 4 p.m. of the fourteenth Tuesday before
the August primary in which county road commissioners are to be
elected. Until December 31, 2013, if nominating petitions are filed
by a nonincumbent candidate for the office of county road
commissioner, the county clerk shall receive nominating petitions
up to 4 p.m. of the twelfth Tuesday before the August primary in
which county road commissioners are to be elected. Beginning
January 1, 2014, if nominating petitions are filed by an incumbent
candidate for the office of county road commissioner, the county
clerk shall receive nominating petitions up to 4 p.m. of the
seventeenth Tuesday before the August primary in which county road
commissioners are to be elected. Beginning January 1, 2014, if
nominating petitions are filed by a nonincumbent candidate for the
office of county road commissioner, the county clerk shall receive
nominating petitions up to 4 p.m. of the fifteenth Tuesday before
the August primary in which county road commissioners are to be
elected.
(2) To obtain the printing of the name of a candidate of a
political party under the particular party's heading upon the
primary election ballots in the various voting precincts of the
county, there may be filed by each candidate, in lieu of filing
nominating petitions, a filing fee of $100.00 to be paid to the
county clerk. Payment of the fee and certification of the name of
the candidate paying the fee shall be governed by the same
provisions as in the case of nominating petitions. The fee shall be
deposited in the general fund of the county and shall be returned
to all candidates who are nominated and to an equal number of
candidates who received the next highest number of votes in the
primary election. If 2 or more candidates tie in having the lowest
number of votes allowing a refund, the sum of $100.00 shall be
divided among them. The deposits of all other defeated candidates,
as well as the deposits of candidates who withdraw or are
disqualified, shall be forfeited and the candidates shall be
notified of the forfeitures. Deposits forfeited under this section
shall be paid into and credited to the general fund of the county.
Sec. 256. After the filing of nominating petitions or filing
fee by or in on behalf of a proposed
candidate for the office of
county road commissioner, such the candidate
shall not be permitted
to withdraw unless a written notice of withdrawal is served on the
county clerk or his or her duly authorized agent not later than 4
o'clock, p.m., eastern standard time,
in the afternoon of the third
day after the last day for filing such the petition,
as in this act
provided. provided
in section 254. After the filing of a nominating
petition or filing fee by or on behalf of a proposed candidate for
the office of county road commissioner during an extended filing
period under section 257(2), the candidate shall not be permitted
to withdraw.
Sec. 257. (1) If Except as otherwise provided in subsection
(2), if for any reason there is no candidate of a political party
for county road commissioner, a blank space shall be provided on
each of the official primary ballots that affords every elector of
the political party an opportunity to vote for a candidate for that
office by writing in the name of his or her selection.
(2) If a nonincumbent candidate for county road commissioner
withdraws as a candidate on the last day to file as a candidate or
before the withdrawal deadline under section 256, leaving the
number of candidates of a political party for the office of county
road commissioner less than the total number to be nominated and
elected, the filing deadline shall be extended until 4 p.m.,
eastern standard time, in the afternoon of the second business day
after the withdrawal deadline under section 256. This subsection
applies whether or not the candidate refiles for the same or a
different office.