HOUSE BILL No. 5068


     September 23, 1997, Introduced by Reps. Schermesser, Baade, Curtis, Cherry, Leland, Scott, Wojno and Schauer and referred to the Committee on Local Government.


        A bill to amend 1954 PA 116, entitled

   "Michigan election law,"

   by amending sections 178 and 634 (MCL 168.178 and 168.634), sec-

   tion 178 as amended by 1980 PA 261 and section 634 as amended by

   1996 PA 583.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 178.  The governor  may  SHALL call a special election

 2    as provided in section 634 in  any  A senatorial or representa-

 3    tive district of  the  THIS state  when  IF the right of office

 4    of a person elected state senator or representative  shall cease 

 5    CEASES before the commencement of the term of service for which

 6    the state senator or representative was elected.  , or whenever 

 7    THE GOVERNOR SHALL CALL A SPECIAL ELECTION OR DIRECT THAT THE

 8    VACANCY BE FILLED AT THE NEXT GENERAL ELECTION AS PROVIDED IN

 9    SECTION 634 IN A SENATORIAL OR REPRESENTATIVE DISTRICT OF THIS


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 1    STATE IF a vacancy occurs in the office of state senator or

 2    representative after the term of service has begun for which the

 3    state senator or representative was elected.

 4         Sec. 634.  (1)  Except as otherwise provided in this sec-

 5     tion, when  IF a vacancy occurs in the office of senator or rep-

 6    resentative in the state legislature 46 DAYS OR MORE BEFORE THE

 7    NEXT AUGUST PRIMARY ELECTION IN WHICH NOMINEES OF POLITICAL PAR-

 8    TIES FOR THAT OFFICE ARE SELECTED, the governor,  may  NO LATER

 9    THAN 7 DAYS AFTER THE DATE THE VACANCY OCCURS, SHALL call a spe-

10    cial PRIMARY AND SPECIAL GENERAL election in that senatorial or

11    representative district.  or direct that the vacancy be filled at

12     the next general election.  EXCEPT AS OTHERWISE PROVIDED IN THIS

13    SUBSECTION, THE SPECIAL PRIMARY SHALL BE HELD NO LATER THAN 52

14    DAYS AFTER THE DATE THE VACANCY OCCURS AND THE SPECIAL GENERAL

15    ELECTION SHALL BE HELD NO LATER THAN 95 DAYS AFTER THE DATE THE

16    VACANCY OCCURS.  IF A DEADLINE ESTABLISHED IN THIS SUBSECTION

17    FALLS WITHIN 30 DAYS OF A PRIMARY, GENERAL, OR SPECIAL ELECTION

18    PREVIOUSLY SCHEDULED IN THE REPRESENTATIVE OR SENATORIAL DIS-

19    TRICT, THE SPECIAL PRIMARY OR SPECIAL GENERAL ELECTION CALLED

20    UNDER THIS SUBSECTION MAY BE HELD IN CONJUNCTION WITH THE PREVI-

21    OUSLY SCHEDULED PRIMARY, GENERAL, OR SPECIAL ELECTION.  HOWEVER,

22    THE DEADLINE FOR A SPECIAL GENERAL ELECTION UNDER THIS SUBSECTION

23    SHALL NOT BE EXTENDED MORE THAN 30 DAYS.

24         (2) If  the  A vacancy occurs  after the primary election

25     and  IN THE OFFICE OF SENATOR OR REPRESENTATIVE IN THE STATE LEG-

26    ISLATURE DURING THE PERIOD BEGINNING ON THE FORTY-FIFTH DAY

27    before the  following general  NEXT AUGUST PRIMARY election IN



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 1    WHICH NOMINEES OF POLITICAL PARTIES FOR THAT OFFICE ARE SELECTED

 2    AND ENDING ON THE SIXTY-FIFTH DAY BEFORE THE NEXT GENERAL

 3    NOVEMBER ELECTION IN WHICH THE OFFICE IS FILLED, the governor

 4     may  SHALL direct that the vacancy be filled at that GENERAL

 5    NOVEMBER election.  If the governor directs that the vacancy be

 6     filled at the following general election,  THE GOVERNOR SHALL

 7    DIRECT the executive committee of the county committee of each

 8    political party, if the county comprises 1 or more

 9     representative  districts, or, if the district is comprised of

10    more than 1 county, then the executive committee of the county

11    committee of  the respective  EACH political  parties  PARTY of

12    each county in the district,  may  TO select, by a majority vote,

13    a candidate for that office.  , and  THE EXECUTIVE COMMITTEE

14    shall certify the name of the candidate, IF ANY, to the county

15    board of election commissioners of the county or counties com-

16    prising  that representative  THE district  within 21 days after

17     the vacancy occurs and at least 10 days before the general

18     election.  Upon certification, the candidate certified shall be

19     the nominee of that party at that general election to fill the

20     vacancy for the unexpired term with the same force and effect as

21     if the person was nominated at a primary election as otherwise

22     provided in this act.  If the ballots for that election have

23     already been printed before the certification, then the board of

24     election commissioners shall cause the names of the candidates to

25     be printed on a separate ballot, which ballot shall be counted,

26     canvassed, and returned as other ballots cast at that election.

27     (3)  NOT LATER THAN THE SIXTIETH DAY BEFORE THE GENERAL NOVEMBER



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 1    ELECTION. If  the governor directs that  the vacancy  be  IS

 2    filled at the next general NOVEMBER election AS PROVIDED IN THIS

 3    SUBSECTION, the secretary of state shall give notice of that

 4     decision  FACT similar to the notice provided for in section

 5    651.














































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