SENATE BILL NO. 1143
September 23, 2020, Introduced by Senator
JOHNSON and referred to the Committee on Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 558 (MCL 168.558), as amended by 2018 PA 650.
the people of the state of michigan enact:
Sec. 558. (1)
When filing a nominating petition, qualifying petition, filing fee, or
affidavit of candidacy for a federal, county, state, city, township, village,
metropolitan district, 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 must contain the candidate's
name and residential address; a statement that the candidate is a citizen of
the United States; the title of the office sought including
the jurisdiction, district, circuit, or ward; the candidate's political party
or a statement indicating no party affiliation if the candidate is running
without political party affiliation; the term of office; the date of the
election in which the candidate wishes to appear on the ballot; a
statement that the candidate meets the constitutional and statutory
qualifications for the office sought; other information that may be required to
satisfy the officer as to the identity of the candidate; and the manner in
which the candidate wishes to have his or her name appear on the ballot. 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. If
the affidavit of identity is for a candidate for precinct delegate, the
candidate shall include his or her precinct number on the affidavit of
identity. If the affidavit of identity is for a judicial candidate, the
candidate shall include on the affidavit of identity whether the office sought
is an incumbent position, a nonincumbent position, or a new judgeship.
(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.
(c) A name that was changed because of marriage.
(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 must include a signed and notarized 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, facsimile, or electronic transmission. 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, facsimile, or electronic transmission. An officer
shall not certify to the board of election commissioners the name of a
candidate who fails to comply with this section, or the name of a candidate who
executes an affidavit of identity that contains a false statement with regard
to any information or statement required under this section.
(5) If petitions or filing fees are filed by or on behalf of
a candidate for more than 1 office, either federal, state, county, city,
village, township, metropolitan district, or school district, the terms of
which run concurrently or overlap, the candidate so filing, or on 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 must not be
printed upon the ballot for those offices. A vote cast for that candidate at
the ensuing primary or general election must not be counted and is void.
(6) A violation of this section for perjury is distinct and
separate from any violation of the Michigan campaign finance act, 1976 PA 388,
MCL 169.201 to 169.282.