HOUSE BILL No. 5060 October 26, 1999, Introduced by Rep. Green and referred to the Committee on Constitutional Law and Ethics. A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 53, 71, 161, 163, 191, 193, 224, 254, 281, 322, 342, 349, 391, 404, 409, 409b, 409l, 411, 413, 424, 424a, 426b, 426d, 431, 433, 444, 467, 467b, 467m, 544c, 544d, 624, 644f, 667, 685, and 795 (MCL 168.53, 168.71, 168.161, 168.163, 168.191, 168.193, 168.224, 168.254, 168.281, 168.322, 168.342, 168.349, 168.391, 168.404, 168.409, 168.409b, 168.409l, 168.411, 168.413, 168.424, 168.424a, 168.426b, 168.426d, 168.431, 168.433, 168.444, 168.467, 168.467b, 168.467m, 168.544c, 168.544d, 168.624, 168.644f, 168.667, 168.685, and 168.795), sections 53, 163, 193, 224, 254, 322, 349, 409b, 413, 426d, 433, 467b, and 624 as amended by 1996 PA 583, sections 71, 161, 191, 281, 342, 391, 409, 411, 426b, 431, and 467 as amended by 1982 PA 505, sections 409l, 424, 424a, 444, and 467m as amended by 1990 PA 32, 04813'99 LBO 2 section 544c as amended by 1993 PA 137, section 544d as amended by 1988 PA 116, section 644f as amended by 1990 PA 7, section 685 as amended by 1990 PA 329, and section 795 as amended by 1998 PA 21, and by adding section 544f; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 53. To obtain the printing of the name of a person as 2 a candidate for nomination by a political party for the office of 3 governor under a particular party heading upon the official pri- 4 mary ballots, there shall be filed with the secretary of state 5 nominating petitions signed by a number of qualified and regis- 6 tered electors residing in this stateequal to not less than 1%7or more than 2% of the number of votes cast by the party for sec-8retary of state at the last general November election in which a9secretary of state was electedAS DETERMINED UNDER 10 SECTION 544F. Nominating petitions shall be signed by at least 11 100 registered resident electors in each of at least 1/2 of the 12 congressional districts of the state. Nominating petitions shall 13 be in the form as prescribed in section 544c. Nominating peti- 14 tions shall be received by the secretary of state for filing in 15 accordance with this act up to 4 p.m. of the twelfth Tuesday pre- 16 ceding the August primary. 17 Sec. 71. (1) A person shall not be eligible to the offices 18 of secretary of state or attorney general if the person is not a 19 REGISTERED AND qualified elector of this state ON THE DATE THE 20 PERSON IS NOMINATED FOR THE OFFICE. 04813'99 3 1 (2) A person who has been convicted of a violation of 2 section 12a(1) ofAct No. 370 of the Public Acts of 1941, being3section 38.412a of the Michigan Compiled Laws1941 PA 370, 4 MCL 38.412A, shall not be eligible to the offices of secretary of 5 state or attorney general for a period of 20 years after 6 conviction. 7 Sec. 161. (1) A person shall not be eligible to the office 8 of state senator or representative unless the person is a citizen 9 of the United States and a REGISTERED AND qualified elector of 10 the district he or she represents BY THE FILING DEADLINE, as pro- 11 vided in section 7 of article 4 of the state constitution of 12 1963. 13 (2) A person who has been convicted of a violation of sec- 14 tion 12a(1) ofAct No. 370 of the Public Acts of 1941, being15section 38.412a of the Michigan Compiled Laws1941 PA 370, 16 MCL 38.412A, shall not be eligible to the office of state senator 17 or representative for a period of 20 years after conviction. 18 Sec. 163. (1) To obtain the printing of the name of a 19 person as a candidate for nomination by a political party for the 20 office of state senator or representative under a particular 21 party heading upon the official primary ballots in the various 22 election precincts of a district, there shall be filed nominating 23 petitions signed by a number of qualified and registered electors 24 residing in the districtequal to not less than 1% or more than252% of the number of votes cast by the party in the district for26secretary of state at the last general November election in which27a secretary of state was electedAS DETERMINED UNDER 04813'99 4 1 SECTION 544F. If the district comprises more than 1 county, the 2 nominating petitions shall be filed with the secretary of state. 3 If the district comprises 1 county or less, the nominating peti- 4 tions shall be filed with the county clerk of that county. 5 Nominating petitions shall be in the form prescribed in section 6 544c. The secretary of state and the various county clerks shall 7 receive nominating petitions for filing in accordance with this 8 act up to 4 p.m. of the twelfth Tuesday preceding the August 9 primary. 10 (2) In lieu of filing a nominating petition, a filing fee of 11 $100.00 may be paid to the county clerk.or, for a candidate in12a district comprising more than 1 county, to the secretary of13state.Payment of the fee and certification of the name of the 14 candidate paying the fee shall be governed by the same provisions 15 as in the case of nominating petitions. The fee shall be depos- 16 ited in the general fund of the countyor stateand shall be 17 refunded to candidates who are nominated and to an equal number 18 of candidates who receive the next highest number of votes in the 19 primary election. If 2 or more candidates tie in having the 20 lowest number of votes allowing a refund, the sum of $100.00 21 shall be divided among them. A refund of a deposit shall not be 22 made to a candidate who withdraws AS A CANDIDATE. 23 Sec. 191. (1) A person shall not be eligible to the office 24 of county clerk, county treasurer, register of deeds, prosecuting 25 attorney, sheriff, drain commissioner, surveyor, or coroner if 26 the person is not a REGISTERED AND qualified elector of the 27 county in which election is sought BY THE FILING DEADLINE. 04813'99 5 1 (2) A person who has been convicted of a violation of 2 section 12a(1) ofAct No. 370 of the Public Acts of 1941, being3section 38.412a of the Michigan Compiled Laws1941 PA 370, 4 MCL 38.412A, shall not be eligible to any of the offices enumer- 5 ated in this section for a period of 20 years after conviction. 6 Sec. 193. (1) To obtain the printing of the name of a 7 person as a candidate nomination by a political party for for an 8 office named in section 191 under a particular party heading upon 9 the official primary ballots, there shall be filed with the 10 county clerk nominating petitions signed by a number of qualified 11 and registered electors residing within the countyequal to not12less than 1% or more than 2% of the number of votes cast by the13party in the county for secretary of state at the last general14November election in which a secretary of state was electedAS 15 DETERMINED UNDER SECTION 544F. Nominating petitions shall be in 16 the form prescribed in section 544c. The county clerk shall 17 receive nominating petitions up to 4 p.m. of the twelfth Tuesday 18 preceding the August primary. 19 (2) To obtain the printing of the name of a candidate of a 20 political party under the particular party's heading upon the 21 primary election ballots in the various voting precincts of the 22 county, there may be filed by the candidate, in lieu of filing 23 nomination petitions, a filing fee of $100.00 to be paid to the 24 county clerk. Payment of the fee and certification of the 25 candidate's name paying the fee shall be governed by the same 26 provisions as in the case of nominating petitions. The fee shall 27 be deposited in the general fund of the county and shall be 04813'99 6 1 refunded to candidates who are nominated and to an equal number 2 of candidates who receive the next highest number of votes in the 3 primary election. If 2 or more candidates tie in having the 4 lowest number of votes allowing a refund, the sum of $100.00 5 shall be divided among them. The deposits of all other defeated 6 candidates, as well as the deposits of candidates who withdraw or 7 are disqualified, shall be forfeited,and the candidates shall 8 be notified of the forfeiture. Deposits forfeited under this 9 section shall be paid into and credited to the general fund of 10 the county. 11 Sec. 224. (1) To obtain the printing of the name of a 12 person as candidate for nomination by a political party for the 13 office of county auditor under a particular party heading upon 14 the official primary ballots, there shall be filed with the 15 county clerk nominating petitions signed by a number of qualified 16 and registered electors residing within the countyequal to not17less than 1% or more than 2% of the number of votes cast by the18party in the county for secretary of state at the last general19November election in which a secretary of state was electedAS 20 DETERMINED UNDER SECTION 544F. Nominating petitions shall be in 21 the form prescribed in section 544c. The county clerk shall 22 receive nominating petitions up to 4 p.m. of the twelfth Tuesday 23 preceding the August primary. 24 (2) To obtain the printing of the name of the candidate of a 25 political party under the particular party's heading upon the 26 primary election ballots in the various voting precincts of the 27 county, there may be filed by the candidate, in lieu of filing 04813'99 7 1 nominating petitions, a filing fee of $100.00 to be paid to the 2 county clerk. Payment of the fee and certification of the name 3 of the candidate paying the fee shall be governed by the same 4 provisions as in the case of nominating petitions. The fee shall 5 be deposited in the general fund of the county and shall be 6 refunded to candidates who are nominated and to an equal number 7 of candidates who received the next highest number of votes in 8 the primary election. If 2 or more candidates tie in having the 9 lowest number of votes allowing a refund, the sum of $100.00 10 shall be divided among them. The deposits of all other defeated 11 candidates and of candidates who withdraw or are disqualified 12 shall be forfeited,and the candidates shall be notified of 13 the forfeitures. Deposits forfeited under this section shall be 14 paid into and credited to the general fund of the county. 15 Sec. 254. (1) To obtain the printing of the name of a 16 person as a candidate for nomination by a political party for the 17 office of county road commissioner under a particular party head- 18 ing upon the official primary ballots, there shall be filed with 19 the county clerk of the county nominating petitions signed by a 20 number of qualified and registered electors residing within the 21 countyequal to not less than 1% or more than 2% of the number22of votes cast by the party in the county for secretary of state23at the last preceding general November election in which a secre-24tary of state was electedAS DETERMINED UNDER SECTION 544F. 25 Nominating petitions shall be in the form prescribed in section 26 544c. The county clerk shall receive nominating petitions up to 04813'99 8 1 4 p.m. of the twelfth Tuesday preceding the August primary in 2 which county road commissioners are to be elected. 3 (2) To obtain the printing of the name of a candidate of a 4 political party under the particular party's heading upon the 5 primary election ballots in the various voting precincts of the 6 county, there may be filed by each candidate, in lieu of filing 7 nominating petitions, a filing fee of $100.00 to be paid to the 8 county clerk. Payment of the fee and certification of the name 9 of the candidate paying the fee shall be governed by the same 10 provisions as in the case of nominating petitions. The fee shall 11 be deposited in the general fund of the county and shall be 12 returned to all candidates who are nominated and to an equal 13 number of candidates who received the next highest number of 14 votes in the primary election. If 2 or more candidates tie in 15 having the lowest number of votes allowing a refund, the sum of 16 $100.00 shall be divided among them. The deposits of all other 17 defeated candidates, as well as the deposits of candidates who 18 withdraw or are disqualified, shall be forfeited,and the can- 19 didates shall be notified of the forfeitures. Deposits forfeited 20 under this section shall be paid into and credited to the general 21 fund of the county. 22 Sec. 281. (1) A person shall not be eligible to membership 23 on the state board of education, the board of regents of the uni- 24 versity of Michigan, the board of trustees of Michigan state uni- 25 versity, or the board of governors of Wayne state university if 26 the person is not a registered and qualified elector of this 27 state ON THE DATE THE PERSON IS NOMINATED FOR THE OFFICE. double 04813'99 9 1 (2) A person who has been convicted of a violation of 2 section 12a(1) ofAct No. 370 of the Public Acts of 1941, being3section 38.412a of the Michigan Compiled Laws1941 PA 370, 4 MCL 38.412A, shall not be eligible to membership on any of the 5 boards enumerated in this section for a period of 20 years after 6 conviction. 7 Sec. 322. To obtain the printing of the name of a candidate 8 of a political party for a city office, including a ward office, 9 under the particular party heading on the official primary elec- 10 tion ballots for use in the city, there shall be filed with the 11 city clerk of the city not later than 4 p.m. on the twelfth 12 Tuesday preceding the August primary, or not later than 4 p.m. on 13 the seventh Monday preceding the primary election provided to be 14 held on the third Monday in February, nominating petitions signed 15 by a number of qualified and registered electors of the political 16 party who reside in the city or ward, equal to not less than 1%17or more than 2% of the number of votes that the political party18cast in the city or ward for secretary of state at the last gen-19eral November election in which a secretary of state was elected20 AS DETERMINED UNDER SECTION 544F. This section does not apply to 21 a city the charter of which provides for a different method of 22 nominating candidates for public office. The form of the peti- 23 tion shall be as provided in section 544c. 24 Sec. 342. (1) A person shall not be eligible to a township 25 office unless the person is a REGISTERED AND qualified elector of 26 the township in which election is sought BY THE FILING DEADLINE. 27 A person shall not be eligible for membership on the board of 04813'99 10 1 review unless, in addition to the qualifications for eligibility 2 to a township office, the person is a landowner and taxpayer in 3 the township. 4 (2) A person who has been convicted of a violation of sec- 5 tion 12a(1) ofAct No. 370 of the Public Acts of 1941, being6section 38.412a of the Michigan Compiled Laws1941 PA 370, 7 MCL 38.412A, shall not be eligible for election or appointment to 8 an elective or appointive township office for a period of 20 9 years after conviction. 10 Sec. 349. (1) To obtain the printing of the name of a 11 person as a candidate for nomination by a political party for a 12 township office under the particular party heading upon the offi- 13 cial primary ballots, there shall be filed with the township 14 clerk nominating petitions signed by a number of qualified and 15 registered electors residing within the townshipequal to not16less than 1% or more than 2% of the number of votes cast by the17party in the township for secretary of state at the last general18November election in which a secretary of state was elected, but19in no case less than 5 signaturesAS DETERMINED UNDER 20 SECTION 544F. Nominating petitions shall be in the form pre- 21 scribed in section 544c. The township clerk shall receive nomi- 22 nating petitions up to 4 p.m. of the twelfth Tuesday preceding 23 the August primary. 24 (2) Within 4 days after the last day for filing nominating 25 petitions, the township clerk shall deliver to the county clerk a 26 list setting forth the name, address, and political affiliation 04813'99 11 1 and office sought of each candidate who has qualified for a 2 position on the primary ballot. 3 Sec. 391. (1) A person shall not be eligible to the office 4 of justice of the supreme court unless the person is a REGISTERED 5 AND qualified elector of this state BY THE FILING DEADLINE OR THE 6 DATE THE PERSON FILES THE AFFIDAVIT OF INCUMBENCY, is licensed to 7 practice law in this state, and at the time of election or 8 appointment is less than 70 years of age. 9 (2) A person who has been convicted of a violation of sec- 10 tion 12a(1) ofAct No. 370 of the Public Acts of 1941, being11section 38.412a of the Michigan Compiled Laws1941 PA 370, 12 MCL 38.412A, shall not be eligible for election or appointment to 13 the office of justice of the supreme court for a period of 20 14 years after conviction. 15 Sec. 404. (1)Whenever a vacancy shall occur in the office16of justice of the supreme court, theTHE governor shall appoint 17 a successor to fill the vacancy IN THE OFFICE OF JUSTICE OF THE 18 SUPREME COURT. The person appointed by the governor shall be 19 considered an incumbent for purposes of this act and shall hold 20 office until 12 noon of January 1 following the next general 21 election, at which a successor is elected and qualified. 22 (2) At the next general November election held at least9023 105 days aftersuchTHE vacancyshall occurOCCURS, a person 24,nominated under section 392,shall be elected to fill 25suchTHAT office., and theTHE personsoelected shall 26 holdsuchTHE office for the remainder of the unexpired term. 04813'99 12 1 (3) A candidate receiving the highest number of votes for 2saidTHAT officeandwho has subscribed to the oath as 3 provided in section 1 of article 11 of the state constitution 4shall be deemedIS CONSIDERED to be elected and qualified,5 even though a vacancy occursprior toBEFORE the time heshall6haveOR SHE HAS entered upon the duties of his OR HER office. 7 Sec. 409. (1) A person shall not be eligible for the office 8 of judge of the court of appeals unless the person is a 9 REGISTERED AND qualified elector of the appellate court district 10 in which election is sought BY THE FILING DEADLINE OR THE DATE 11 THE PERSON FILES THE AFFIDAVIT OF INCUMBENCY, is licensed to 12 practice law in this state, and, at the time of election or 13 appointment, is less than 70 years of age. 14 (2) A person who has been convicted of a violation of sec- 15 tion 12a(1) ofAct No. 370 of the Public Acts of 1941, being16section 38.412a of the Michigan Compiled Laws1941 PA 370, 17 MCL 38.412A, shall not be eligible for election or appointment to 18 the office of judge of the court of appeals for a period of 20 19 years after conviction. 20 Sec. 409b. (1) To obtain the printing of the name of a 21 qualified person other than an incumbent judge of the court of 22 appeals as a candidate for nomination for the office of judge of 23 the court of appeals upon the official nonpartisan primary bal- 24 lots, there shall be filed with the secretary of state nominating 25 petitions containing the signatures, addresses, and dates of 26 signing of a number of qualified and registered electors residing 27 in the appellate court districtequal to not less than 1/2 of 1%04813'99 13 1or more than 2% of the total number of votes cast in that2appellate court district for secretary of state at the last gen-3eral November election in which a secretary of state was elected4 AS DETERMINED UNDER SECTION 544F. The provisions of sections 5 544a and 544b apply. The secretary of state shall receive nomi- 6 nating petitions up to 4 p.m. on thetwelfthFOURTEENTH Tuesday 7 preceding the primary. 8 (2) Nominating petitions filed under this section are valid 9 only if they clearly indicate for which of the following offices 10 the candidate is filing, consistent with subsection (6): 11 (a) An unspecified existing judgeship for which the incum- 12 bent judge is seeking election. 13 (b) An unspecified existing judgeship for which the incum- 14 bent judge is not seeking election. 15 (c) A new judgeship. 16 (3) Nominating petitions specifying a new or existing court 17 of appeals judgeship may not be used to qualify a candidate for 18 another judicial office of the same court in the same judicial 19 district. A person who files for election to more than 1 court 20 of appeals judgeship shall have not more than 3 days following 21 the close of filing to withdraw from all but 1 filing. 22 (4) An incumbent judge of the court of appeals may become a 23 candidate in the primary election for the office of which he or 24 she is the incumbent by filing with the secretary of state an 25 affidavit of candidacy not less than120134 days before the 26 date of the primary election. The affidavit of candidacy shall 27 contain statements that the affiant is an incumbent judge of the 04813'99 14 1 court of appeals, is domiciled within the district, will not 2 attain the age of 70 by the date of election, and is a candidate 3 for election to the office of judge of the court of appeals. 4 (5) CANDIDATES MUST PICK UP PETITIONS FROM THE SECRETARY OF 5 STATE WITH HEADINGS ALREADY FILLED OUT BY THE SECRETARY OF STATE. 6 (6)(5)In the primary and general November election for 2 7 or more judgeships of the court of appeals in a judicial dis- 8 trict, each of the following categories of candidates shall be 9 listed separately on the ballot, consistent with subsection(6)10 (7): 11 (a) The names of candidates for the judgeship or judgeships 12 for which the incumbent is seeking election. 13 (b) The names of candidates for the judgeship or judgeships 14 for which the incumbent is not seeking election. 15 (c) The names of candidates for a newly created judgeship or 16 judgeships. 17 (7)(6)If the death or disqualification of an incumbent 18 judge triggers the application of section 409d(2), then for the 19 purposes of subsections (2) and(5)(6), that judgeship shall 20 be regarded as a judgeship for which the incumbent judge is not 21 seeking election. The application of this subsection includes, 22 but is not limited to, circumstances in which the governor 23 appoints an individual to fill the vacancy and that individual 24 seeks to qualify as a nominee under section 409d(2). 25 Sec. 409l. (1) If a vacancy occurs in the office of judge 26 of the court of appeals, the governor shall appoint a successor 27 to fill the vacancy. Except as otherwise provided in section 04813'99 15 1 409b(6), the person appointed by the governor shall be considered 2 an incumbent for purposes of this act. The person appointed by 3 the governor shall hold office until 12 noon of January 1 follow- 4 ing the next general November election at which a successor is 5 elected and qualified. 6 (2) Except as otherwise provided in section 409d(2), candi- 7 dates shall be nominated at the next fall primary held at least 891105 days after the vacancy occurs, to fill the vacancy in 9 the manner provided in this chapter for the nomination of candi- 10 dates for judge of the court of appeals. The vacancy shall be 11 filled at the general November election next following the pri- 12 mary in the manner provided FOR in this chapter for the election 13 of judges of the court of appeals. The person elected shall hold 14 office for the remainder of the unexpired term. 15 Sec. 411. (1) A person shall not be eligible to the office 16 of judge of the circuit court unless the person is a REGISTERED 17 AND qualified elector of the judicial circuit in which election 18 is sought BY THE FILING DEADLINE OR THE DATE THE PERSON FILES THE 19 AFFIDAVIT OF INCUMBENCY, as provided in section 11 of article620 VI of the state constitution of 1963, is licensed to practice law 21 in this state, and, at the time of election, is less than 70 22 years of age. 23 (2) A person who has been convicted of a violation of sec- 24 tion 12a(1) ofAct No. 370 of the Public Acts of 1941, being25section 38.412a of the Michigan Compiled Laws1941 PA 370, 26 MCL 38.412A, shall not be eligible for election or appointment to 04813'99 16 1 the office of judge of the circuit court for a period of 20 years 2 after conviction. 3 Sec. 413. To obtain the printing of the name of a person as 4 a candidate for nomination for the office of judge of the circuit 5 court upon the official nonpartisan primary ballots, there shall 6 be filed with the secretary of state nominating petitions con- 7 taining the signatures, addresses, and dates of signing of a 8 number of qualified and registered electors residing in the judi- 9 cial circuit, equal to not less than 1% or more than 2% of the10total number of votes cast in that judicial district for secre-11tary of state at the last general November election in which a12secretary of state was electedAS DETERMINED UNDER SECTION 544F 13 or by the filing of an affidavit according to section 413a. The 14 secretary of state shall receive the nominating petitions up to 4 15 p.m. of thetwelfthFOURTEENTH Tuesday preceding the primary. 16 The provisions of sections 544a and 544b apply. 17 Sec. 424. (1) If a vacancy occurs in the office of circuit 18 judge, the governor shall appoint a successor to fill the 19 vacancy. Except as otherwise provided in section 424a(3), the 20 person appointed by the governor shall be considered an incumbent 21 for purposes of this act. The person appointed by the governor 22 shall hold office until 12 noon of January 1 following the next 23 general November election at which a successor is elected and 24 qualified. 25 (2) Except as otherwise provided in section 415(2), at the 26 next fall primary election held at least91105 days after the 27 vacancy occurs, candidates shall be nominated to fill the vacancy 04813'99 17 1 in the manner provided in this chapter for the nomination of 2 candidates for circuit judge. The vacancy shall be filled at the 3 general November election next following the primary in the 4 manner provided in this chapter for the election of circuit 5 judges. The person elected shall hold office for the remainder 6 of the unexpired term. 7 Sec. 424a. (1) In the primary and general election for 2 or 8 more judgeships of the circuit court, each of the following cate- 9 gories of candidates shall be listed separately on the ballot, 10 consistent with subsection (3): 11 (a) The names of candidates for the judgeship or judgeships 12 for which the incumbent is seeking election. 13 (b) The names of candidates for an existing judgeship or 14 judgeships for which the incumbent is not seeking election. 15 (c) The names of candidates for a newly created judgeship or 16 judgeships. 17 (2) Nominating petitions filed under section 413 are valid 18 only if they clearly indicate for which of the following offices 19 the candidate is filing, consistent with subsection (3): 20 (a) An unspecified existing judgeship for which the incum- 21 bent judge is not seeking election. 22 (b) A new judgeship. 23 (c) An unspecified existing judgeship for which the incum- 24 bent judge is seeking election. 25 (3) CANDIDATES MUST PICK UP PETITIONS FROM THE SECRETARY OF 26 STATE WITH HEADINGS ALREADY FILLED OUT BY THE SECRETARY OF STATE. 04813'99 18 1 (4)(3)If the death or disqualification of an incumbent 2 judge triggers the application of section 415(2), then for the 3 purposes of subsections (1) and (2), that judgeship shall be 4 regarded as a judgeship for which the incumbent judge is not 5 seeking election. The application of this subsection includes, 6 but is not limited to, circumstances in which the governor 7 appoints an individual to fill the vacancy and that individual 8 seeks to qualify as a nominee under section 415(2). 9 (5)(4)A person who files for election to more than 1 10 circuit judgeship shall have not more than 3 days following the 11 close of filing to withdraw from all but 1 filing. 12 Sec. 426b. (1) A person shall not be eligible to the office 13 of judge of a municipal court of record as described in section 14 426a unless the person is a REGISTERED AND qualified elector of 15 the municipality in which election is sought BY THE FILING DEAD- 16 LINE OR THE DATE THE PERSON FILES THE AFFIDAVIT OF INCUMBENCY, is 17 licensed to practice law in this state, and, at the time of elec- 18 tion, is less than 70 years of age. 19 (2) A person who has been convicted of a violation of sec- 20 tion 12a(1) ofAct No. 370 of the Public Acts of 1941, being21section 38.412a of the Michigan Compiled Laws1941 PA 370, 22 MCL 38.412A, shall not be eligible for election or appointment to 23 the office of judge of a municipal court of record as described 24 in section 426a for a period of 20 years after conviction. 25 Sec. 426d. (1) To obtain the printing of the name of a 26 person on the ballot as a candidate for the office of judge of 27 the municipal court of record, there shall be filed with the city 04813'99 19 1 clerk nominating petitions containing the signatures, addresses, 2 and dates of signing of a number of qualified and registered 3 electors residing in that cityequal to not less than 1/2 of 1%4or more than 2% of the votes cast in that municipality for secre-5tary of state at the last general November election in which a6secretary of state was electedAS DETERMINED UNDER 7 SECTION 544F. The city clerk shall receive nominating petitions 8 up to 4 p.m. of thetwelfthFOURTEENTH Tuesday preceding the 9 August primary. The provisions of sections 544a and 544b apply. 10 (2) An incumbent judge of the municipal court of record may 11 become a candidate in the primary election for the office of 12 which the judge is the incumbent by filing, with the city clerk, 13 an affidavit of candidacy not less than120134 days before the 14 date of the primary election. The affidavit of candidacy shall 15 contain statements that the affiant is an incumbent judge of the 16 municipal court of record, is domiciled within the city, will not 17 attain the age of 70 by the date of election, and is a candidate 18 for election to the office of judge of the municipal court of 19 record. 20 (3) Nominating petitions filed under this section are valid 21 only if they clearly indicate for which of the following offices 22 the candidate is filing, consistent with section 426k(3): 23 (a) An unspecified existing judgeship for which the incum- 24 bent judge is seeking election. 25 (b) An unspecified existing judgeship for which the incum- 26 bent judge is not seeking election. 04813'99 20 1 (c) A new judgeship. 2 (4) CANDIDATES MUST PICK UP PETITIONS FROM THE SECRETARY OF 3 STATE WITH HEADINGS ALREADY FILLED OUT BY THE SECRETARY OF STATE. 4 (5)(4)A person who files for election to more than 1 5 municipal court of record judgeship shall have not more than 3 6 days following the close of filing to withdraw from all but 1 7 filing. 8 Sec. 431. (1) A person shall not be eligible to the office 9 of judge of probate unless the person is a REGISTERED AND quali- 10 fied elector of the county in which election is sought BY THE 11 FILING DEADLINE OR THE DATE THE PERSON FILES THE AFFIDAVIT OF 12 INCUMBENCY, as provided in section 16 of article6VI of the 13 state constitution of 1963, is licensed to practice law in this 14 state except as provided in section 7 of the schedule and tempo- 15 rary provisions of the state constitution of 1963, and, at the 16 time of election, is less than 70 years of age. 17 (2) A person who has been convicted of a violation of sec- 18 tion 12a(1) ofAct No. 370 of the Public Acts of 1941, being19section 38.412a of the Michigan Compiled Laws1941 PA 370, 20 MCL 38.412A, shall not be eligible for election or appointment to 21 the office of judge of probate for a period of 20 years after 22 conviction. 23 Sec. 433. (1) To obtain the printing of the name of a 24 person as a candidate for nomination for the office of judge of 25 probate upon the official nonpartisan primary ballots, there 26 shall be filed with the county clerk of each county nominating 27 petitions containing the signatures, addresses, and dates of 04813'99 21 1 signing of a number of qualified and registered electors residing 2 in the county, equal to not less than 1% or more than 2% of the3total number of votes cast in that county for secretary of state4at the last general November election in which a secretary of5state was electedAS DETERMINED UNDER SECTION 544F or by the 6 filing of an affidavit according to section 433a. The county 7 clerk shall receive nominating petitions up to 4 p.m. on the 8twelfthFOURTEENTH Tuesday preceding the August primary. The 9 provisions of sections 544a and 544b apply. 10 (2) Nominating petitions filed under this section are valid 11 only if they clearly indicate for which of the following offices 12 the candidate is filing, consistent with section 435a(2): 13 (a) An unspecified existing judgeship for which the incum- 14 bent judge is seeking election. 15 (b) An unspecified existing judgeship for which the incum- 16 bent judge is not seeking election. 17 (c) A new judgeship. 18 (3) CANDIDATES MUST PICK UP PETITIONS FROM THE SECRETARY OF 19 STATE WITH HEADINGS ALREADY FILLED OUT BY THE SECRETARY OF STATE. 20 (4)(3)A person who files for election to more than 1 21 probate judgeship shall have not more than 3 days following the 22 close of filing to withdraw from all but 1 filing. 23 Sec. 444. (1) If a vacancy occurs in the office of judge of 24 probate, the governor shall appoint a successor to fill the 25 vacancy. Except as otherwise provided in section 435a(2), the 26 person appointed by the governor shall be considered an incumbent 27 for purposes of this act and shall hold office until 12 noon of 04813'99 22 1 January 1 following the next general November election at which a 2 successor is elected and qualified. 3 (2) Except as otherwise provided in section 435(2), at the 4 next primary election held at least91105 days after the 5 vacancy occurs, candidates shall be nominated to fill the vacancy 6 in the manner provided FOR in this chapter for the nomination of 7 candidates for judge of probate. The vacancies shall be filled 8 at the general November election next following the primary in 9 the manner provided FOR in this chapter for the election of 10 judges of probate. The person elected shall hold office for the 11 remainder of the unexpired term. 12 Sec. 467. (1) A person shall not be eligible for the office 13 of judge of the district court unless the person is a REGISTERED 14 AND qualified elector of the judicial district and election divi- 15 sion in which election is sought BY THE FILING DEADLINE OR THE 16 DATE THE PERSON FILES THE AFFIDAVIT OF INCUMBENCY, is licensed to 17 practice law in this state, and, at the time of election or 18 appointment, is less than 70 years of age. 19 (2) A person who has been convicted of a violation of sec- 20 tion 12a(1) ofAct No. 370 of the Public Acts of 1941, being21section 38.412a of the Michigan Compiled Laws1941 PA 370, 22 MCL 38.412A, shall not be eligible for election or appointment to 23 the office of judge of the district court for a period of 20 24 years after conviction. 25 Sec. 467b. (1) To obtain the printing of the name of a 26 person as a candidate for nomination for the office of judge of 27 the district court upon the official nonpartisan primary ballots, 04813'99 23 1 there shall be filed with the secretary of state nominating 2 petitions containing the signatures, addresses, and dates of 3 signing of a number of qualified and registered electors residing 4 in the judicial district or division, equal to not less than51/2 of 1% or more than 2% of the total number of votes cast in6that judicial district or division for secretary of state at the7last general November election in which a secretary of state was8electedAS DETERMINED UNDER SECTION 544F. An incumbent district 9 court judge may also become a candidate by the filing of an affi- 10 davit in lieu of petitions according to section 467c. The secre- 11 tary of state shall receive nominating petitions up to 4 p.m. on 12 thetwelfthFOURTEENTH Tuesday preceding the primary. The pro- 13 visions of sections 544a and 544b apply. 14 (2) Nominating petitions filed under this section are valid 15 only if they clearly indicate for which of the following offices 16 the candidate is filing, consistent with section 467c(4): 17 (a) An unspecified existing judgeship for which the incum- 18 bent judge is seeking election. 19 (b) An unspecified existing judgeship for which the incum- 20 bent judge is not seeking election. 21 (c) A new judgeship. 22 (3) CANDIDATES MUST PICK UP PETITIONS FROM THE SECRETARY OF 23 STATE WITH HEADINGS ALREADY FILLED OUT BY THE SECRETARY OF STATE. 24 (4)(3)A person who files for election to more than 1 25 district judgeship shall have not more than 3 days following the 26 close of filing to withdraw from all but 1 filing. 04813'99 24 1 Sec. 467m. (1) If a vacancy occurs in the office of 2 district judge, the governor shall appoint a successor to fill 3 the vacancy. Except as otherwise provided in section 467c(4), 4 the person appointed by the governor shall be considered an 5 incumbent for purposes of this act and shall hold office until 12 6 noon of January 1 following the next general November election at 7 which a successor is elected and qualified. 8 (2) Except as otherwise provided in section 467e(2), candi- 9 dates shall be nominated at the next fall primary held at least 1091105 days after the vacancy occurs, to fill the vacancy in 11 the manner provided FOR in this chapter for the nomination of 12 candidates for district court judge. The vacancy shall be filled 13 at the general November election next following the primary in 14 the manner provided FOR in this chapter for the election of dis- 15 trict court judges. The person elected shall hold office for the 16 remainder of the unexpired term. 17 Sec. 544c. (1) A nominating petition shall be 8-1/2 inches 18 by 14 inches in size. On a nominating petition, the words 19 "nominating petition" shall be printed in 24-point boldface 20 type. "We, the undersigned," et cetera shall be printed in 21 8-point type. "Warning" and language in the warning shall be 22 printed in 12-point boldface type. The balance of the petition 23 shall be printed in 8-point type. The name, address, and party 24 affiliation of the candidate and the office for which petitions 25 are signed shall be printed in type not larger than 24-point. 26 The petition shall be in the following form: 04813'99 25 1 NOMINATING PETITION 2 (PARTISAN) 3 We, the undersigned, registered and qualified voters of 4 the city or township of ............, in the county of 5 (strike 1) 6 ................. and state of Michigan, nominate, 7 ................................................................ , 8 (Name of Candidate) 9 ................................................................ , 10 (Street Address or Rural Route) (Post Office) 11 as a candidate of the ................ party for the office of 12 .................. , ........................................... , 13 (District, if any) 14 to be voted for at the primary election to be held on the 15 ......... day of .......... , 19... . 16 WARNING 17 A person who knowingly signs more petitions for the same 18 office than there are persons to be elected to the office or 19 signs a name other than his or her own is violating the provi- 20 sions of the Michigan election law. 04813'99 26 1 ______________________________________________________________________ 2 Printed Street Address 3 Name and or Post Office Date of Signing 4 Signature Rural Route Mo. Day Year 5 ______________________________________________________________________ 6 1. _________________________________________________________________ 7 2. _________________________________________________________________ 8 3. _________________________________________________________________ 9 4. _________________________________________________________________ 10 numbered lines as above 11 CERTIFICATE OF CIRCULATOR 12 The undersigned circulator of the above petition asserts 13 that he or she is qualified to circulate this petition and that 14 each signature on the petition was signed in his or her presence; 15 and that, to his or her best knowledge and belief, each signature 16 is the genuine signature of the person purporting to sign the 17 petition, the person signing the petition was at the time of 18 signing a qualified registered elector of the city or township 19 listed in the heading of the petition, and the elector was quali- 20 fied to sign the petition. 04813'99 27 1 Circulator--Do not sign or date certificate until after 2 circulating petition. 3 ________________________________________________________ 4 (Printed Name and Signature of Circulator) (Date) 5 ________________________________________________________ 6 (City or Township Where Registered) 7 ________________________________________________________ 8 Complete Address (Street and Number or Rural Route) 9 ________________________________________________________ 10 (Post Office) 11 Warning-A circulator knowingly making a false statement in 12 the above certificate, a person not a circulator who signs as a 13 circulator, or a person who signs a name other than his or her 14 own as circulator is guilty of a misdemeanor. 15 (2) The petition shall be in a form providing a space for 16 the circulator and each elector who signs the petition to print 17 his or her name. The secretary of state shall prescribe the 18 location of the space for the printed name. The failure of the 19 circulator or an elector who signs the petition to print his or 20 her name or to print his or her name in the location prescribed 21 by the secretary of state does not affect the validity of the 22 signature of the circulator or the elector who signs the 23 petition. A printed name located in the space prescribed for 04813'99 28 1 printed names does not constitute the signature of the circulator 2 or elector. 3 (3) At the time of circulation, the circulator of a petition 4 shall be a registered elector of this state. At the time of exe- 5 cuting the certificate of circulator, the circulator shall be 6 registered in the city or township indicated in the certificate 7 of circulator on the petition. 8 (4) The circulator of a petition shall sign and date the 9 certificate of circulator before the petition is filed. A circu- 10 lator shall not obtain electors' signatures after the circulator 11 has signed and dated the certificate of circulator. A filing 12 official shall not count electors' signatures that were obtained 13 after the date the circulator signed the certificate or that are 14 contained in a petition that the circulator did not sign and 15 date. 16 (5) Except as provided in section 544d, a petition sheet 17 shall not be circulated in more than 1city or townshipCOUNTY 18 and each signer of a petition sheet shall be a registered elector 19 of thecity or townshipCOUNTY indicated in the heading of the 20 petition sheet. The invalidity of 1 or more signatures on a 21 petition does not affect the validity of the remainder of the 22 signatures on the petition. 23 (6) A person shall not sign more nominating petitions for 24 the same office than there are persons to be elected to the 25 office. 26 (7) A person who signs a petition with a name other than his 27 or her own is guilty of a misdemeanor. 04813'99 29 1 (8) A person who knowingly makes a false statement in a 2 certificate on a petition, a person not a circulator who signs as 3 a circulator, or a person who signs a name as circulator other 4 than his or her own is guilty of a misdemeanor. 5 (9) A person who aids or abets another in an act that is 6 prohibited by this section is guilty of a misdemeanor. 7 (10) The provisions of this section except as otherwise 8 expressly provided apply to all petitions circulated under 9 authority of the election law. 10 Sec. 544d. Nominating petitions for the officesof gover-11nor, state representative, state senator, United States senator,12United States representative, or judge of the court of appeals,13 UNDER THIS ACT and petitions for a constitutional amendment, ini- 14 tiation of legislation, or referendum of legislation OR A LOCAL 15 PROPOSAL may be circulated countywide. Petitions circulated 16 countywide shall be on a form prescribed by the secretary of 17 state, which form shall be substantially as provided in sections 18 482, 544a, or 544c, whichever is applicable. The secretary of 19 state may provide for a petition form larger than 8-1/2 inches by 20 13 inches and shall provide for identification of the city or 21 township in which the person signing the petition is registered. 22 The certificate of the circulator may be on the reverse side of 23 the petition. This section does not prohibit the circulation of 24 petitions on another form prescribed by this act. 25 SEC. 544F. THE NUMBER OF SIGNATURES OF QUALIFIED AND REGIS- 26 TERED ELECTORS NECESSARY FOR NOMINATING PETITIONS UNDER THIS ACT, 04813'99 30 1 BASED UPON THE POPULATION OF THE DISTRICT INVOLVED ACCORDING TO 2 THE MOST RECENT FEDERAL CENSUS, IS AS FOLLOWS: 3 PARTISAN NON PARTISAN QUALIFYING 4 PETITION PETITION PETITION 5 (IND). 6 POPULATION MIN MAX MIN MAX MIN MAX 7 0 - 9,999 3 10 6 20 9 30 8 10,000 - 24,999 20 50 40 100 60 150 9 25,000 - 49,999 50 100 100 200 150 300 10 50,000 - 74,999 100 200 200 400 300 600 11 75,000 - 99,999 200 400 400 800 600 1,200 12 100,000 - 199,999 300 500 600 1,000 900 1,500 13 200,000 - 499,999 500 1,000 1,000 2,000 1,500 3,000 14 500,000 - 999,999 1,000 2,000 2,000 4,000 3,000 6,000 15 1,000,000 - 1,999,999 2,000 4,000 4,000 8,000 6,000 12,000 16 2,000,000 - 4,999,999 4,000 8,000 6,200 12,000 12,000 24,000 17 OVER 5 MILLION (STATEWIDE) 15,000 30,000 30,000 60,000 45,000 90,000 18 Sec. 624. (1) A person holding a public office in this 19 state or a municipal subdivision of this state may become a can- 20 didate for delegate to the county or district conventions. 21 (2) A candidate for delegate to the county or district con- 22 ventions of a political party shall be a qualified and registered 23 elector residing within, as well as having his or her actual bona 24 fide residence within, the election precinct for which he or she 25 desires to become a candidate ON THE DATE OF FILING THE AFFIDAVIT 26 OF IDENTITY. A candidate shall file an affidavit of identity as 27 prescribed in section 558(1) with the county clerk of the county 28 or the clerk of the city or township in which the candidate 29 resides. A clerk shall receive affidavits of identity under this 04813'99 31 1 section up to 4 p.m. on thetwelfthSIXTEENTH Tuesday preceding 2 the time designated for holding a primary election in the 3 county. Within 4 days after the last day for filing affidavits 4 of identity under this section, the city or township clerk shall 5 forward to the county clerk the affidavit of identity of each 6 candidate who has qualified for a position on the primary 7 ballot. All duly elected and certified delegates shall be seated 8 at the county or district county conventions. A person violating 9 this section is guilty of a misdemeanor. 10 (3) If a written complaint is made to the county clerk with 11 respect to the registration or bona fide residence, or both, of a 12 candidate, the county clerk shall check with the township or city 13 clerk of the township or city in which the candidate is regis- 14 tered or residing, or both. The township or city clerk shall 15 report back to the county clerk within 48 hours as to the regis- 16 tration or bona fide residence, or both, of the candidate. If 17 the township or city clerk's report shows that the candidate is 18 not a registered elector or a bona fide resident of the election 19 precinct of the township or city for which the petition shows the 20 candidate is a resident, the county clerk shall remove the name 21 of the candidate from the ballot. A complaint received by the 22 county clerk after the ballots have been released for printing 23 and before the primary election shall not be acted upon. 24 Sec. 644f. (1) Except as provided in section 644e, nominat- 25 ing petitions for offices to be filled at the odd year general 26 election shall be filed by 4 p.m. on the twelfth Tuesday prior to 27 the odd year primary election. The place of filing and the 04813'99 32 1 number of signatures shall be the same as is now required by law 2 for such offices. 3 (2) IfnoA nonpartisan petition requirement is NOT con- 4 tained in law or charter, the minimum number of signatures shall 5 be1/2 of 1% of the vote for secretary of state in the election6district at the last election at which a secretary of state was7elected, but in no case less than 10 signaturesTHE AMOUNT AS 8 PROVIDED FOR IN SECTION 544F. 9 (3) If, upon the expiration of the time for filing nonparti- 10 san petitions, not more than twice the number of candidates as 11 there are persons to be elected to that office have filed, the 12 primary for that office shall not be held and those persons 13 filing valid petitions shall be declared the nominees for the 14 offices, unless a city charter provides otherwise for city 15 offices. 16 Sec. 667. (1) At any federal, state, district, or county 17 primary or election, the various boards of county election com- 18 missioners shall furnish, at the expense of their respective 19 counties, ALL OF the following: 20 (a) The several boards of election commissioners shall fur- 21 nish suitable forms for use by the precinct inspectors of elec- 22 tion in making returns of any such primary or election to the 23 boards of county canvassers. The names of all qualified candi- 24 dates shall be printedthereonON THOSE FORMS in their proper 25 office divisions and after each namethereshall be provided 26 spaces in which to write the number of votes received by that 27 particular candidate in any given precinct in words and figures. 04813'99 33 1SaidTHE prescribed forms shall also have printedthereonON 2 THEM the title or caption or other designation identifying any 3 amendment or question to be voted on, together with spaces simi- 4 lar to those provided after the names of candidates for recording 5 the affirmative and negative votes cast for each such amendment 6 or question.SaidTHE statement of returns form shall also 7 contain a certificate to be subscribed by each member of the pre- 8 cinct election board in the following form: 9 10 STATE OF MICHIGAN ) 11 ) ss 12 County of.............) 13 Ward (or township) .......... Precinct 14 .......... 15 CERTIFICATE OF BOARD OF PRECINCT ELECTION INSPECTORS FOR 16 RETURNS AND FOR SEALING BALLOTS AND BOXES 17 WE DO HEREBY CERTIFY That the foregoing is a correct state- 18 ment of returns of the votes cast in the precinct indicated 19 above, at the (primary or election) held on .........., the 20 .......... day of .............., 19...., for the several candi- 21 dates and for the (amendments or propositions) herein shown. 22 WE DO HEREBY FURTHER CERTIFY That all ballots cast at the 23 (primary or election) held in the above designated precinct of 24 the (city, ward, township, or village) of .........., State of 04813'99 34 1 Michigan, on the .......... day of .........., in the year 2 19...., have been securely tied in packages or rolls and sealed 3 in such manner as to render it impossible to open such packages 4 or rolls or remove any of the contents thereof without breaking 5 the said seals; that there was endorsed on each of said packages 6 or rolls a statement showing the number and kind of ballots 7 included in each such package or roll; that all of said packages 8 or rolls, so endorsed, together withone1 tally sheet, were 9 placed in the proper ballot box or boxes; that the slots in the 10 ballot boxes were closed, that the ballot boxes were securely 11 sealed with the official metal seals furnished for that purpose; 12 that such seals were affixed in such manner as to render it 13 impossible to open such ballot boxes without breaking such 14 seals. 15 IN WITNESS WHEREOF, We have hereunto set our hands this 16 .......... day of ............., A.D., 19.... . 17 .......................... 18 .......................... 19 .......................... 20 Members of the Board of Election Inspectors 21 (b) The several county boards of election commissioners 22 shall, at the expense of their respective counties, furnish suit- 23 able tally sheets or combined tally and return sheets to be used 24 by the inspectors of election in counting the votes for all can- 25 didates and for amendments or propositions submitted on ballots 26 prepared bysaidTHE commissioners and shall deliverthe same04813'99 35 1 THEM to the inspectors of election, as provided in this act in 2 the case of ballots.;3 (c) The various boards of county election commissioners 4 shall furnish self-addressed substantial paper envelopes with 5 gummed flaps to be used by the various boards of precinct elec- 6 tion inspectors for sealing the statements of returns, the tally 7 books or combined tally and return sheets, poll lists, and a cer- 8 tificate of election inspectors.;9 (d) The several boards of county election commissioners 10 shall furnish a sufficient number of substantial paper wrappers 11 for use in wrapping the packages or rolls of each kind of ballots 12 cast at any state or county primary or election.SuchTHE 13 wrappers shall have printedthereonON THEM a form for record- 14 ing the date of the election, the city, ward or township, and 15 precinct, the number and kind of ballots contained in such pack- 16 age or roll, and a statement to be signed by thechairman17 CHAIRPERSON certifying thatsuchTHE ballots have been wrapped, 18 tied, and sealed in the required manner. The board of election 19 commissioners of any city or township may supply a bag type con- 20 tainer to be used in lieu of the paper wrappers. The minimum 21 specifications ofsuchTHE bag type containers shall be estab- 22 lished by the secretary of state. IfsuchTHE bag type con- 23 tainers are to be used in any city or township, the clerk 24thereofOF THE TOWNSHIP shall notify the county clerk and, 25thereafterAFTER NOTIFICATION, paper wrappers shall not be fur- 26 nished tosuchTHAT city or township. Each specific type of 27 bag type container shall be approved by the secretary of state 04813'99 36 1 before being used.SuchTHE bag shall have securely attached 2theretoTO IT a tagonUPON which can be written the same 3 information as is required to be placed on the paper wrappers and 4suchTHE bag shall contain a devicewherebyENABLING itcan5 TO be sealed with a metal seal.Hereafter anyANY references 6 in law to the wrapping and sealing of paper ballots by precinct 7 inspectorsshall be deemedARE CONSIDERED to include placing of 8 ballots in bag type containers and sealing ofsuchTHE bags in 9 precincts using bag type containers in lieu of paper wrappers.;10and11 (e) The board of election commissioners of each county shall 12 provide, at the expense of the county, for each state, district, 13 or county election insaidTHAT county, as many black or blue 14 lead pencils as may be necessary to supply each election precinct 15 with at least 3 ofsuchTHOSE pencils for each booth erected in 16suchTHAT precinct. The pencils provided for each precinct 17 shall be enclosed with the official ballots when delivered to the 18 city or township clerk as by law provided. The inspectors of 19 election shall attachsuchTHE pencils with strings, or in 20 other suitable manner, to the shelf of the booth. The board of 21 election commissioners of each county shall issue a warrant in 22 payment forsaidTHOSE pencils, and said warrant shall be23paidFOR PAYMENT by the county treasurer out of the general fund 24 of the county. 25 (2) THE SECRETARY OF STATE SHALL DIRECT THE COUNTY, CITY, 26 AND TOWNSHIP CLERKS WITHIN EACH COUNTY TO SELECT A SINGLE 27 PREFERRED VOTING SYSTEM FOR EACH COUNTY. THE COUNTY CLERKS SHALL 04813'99 37 1 REPORT TO THE SECRETARY OF STATE THE NAME AND MODEL OF THE 2 PREFERRED VOTING SYSTEM FOR THE COUNTY NO LATER THAN MARCH 1, 3 2001. 4 (3) EACH COUNTY CLERK SHALL CONVENE THE CITY AND TOWNSHIP 5 CLERKS WITHIN THEIR COUNTY TO DETERMINE THE PREFERRED VOTING 6 SYSTEM FOR THAT COUNTY. THE SELECTION SHALL BE MADE BY MAJORITY 7 VOTE OF THE COUNTY, CITY, AND TOWNSHIP CLERKS. THE CLERKS SHALL 8 CONSULT WITH THE LEGISLATIVE BODY OF THE RESPECTIVE COMMUNITY 9 BEFORE PARTICIPATING IN THE SELECTION PROCESS. FOR THE PURPOSE 10 OF THE SELECTION, A PREFERRED SYSTEM MUST BE EITHER A MECHANICAL 11 LEVER VOTING MACHINE, PAPER BALLOT, OR AN ELECTRONIC VOTING 12 SYSTEM APPROVED BY THE BOARD OF STATE CANVASSERS. 13 (4) JURISDICTIONS ARE NOT REQUIRED TO PURCHASE A NEW VOTING 14 SYSTEM UNDER THIS SECTION. AFTER A PREFERRED VOTING SYSTEM IS 15 SELECTED AND REPORTED TO THE SECRETARY OF STATE, THE COUNTY BOARD 16 OF ELECTION COMMISSIONERS IS NOT RESPONSIBLE FOR INCURRING THE 17 EXPENSE FOR BALLOTS OR OTHER UNIQUE SUPPLIES FOR A VOTING SYSTEM 18 THAT IS PURCHASED AFTER THE REPORT TO THE SECRETARY OF STATE AND 19 IS NOT THE PREFERRED VOTING SYSTEM. THE COUNTY BOARD OF ELECTION 20 COMMISSIONERS SHALL CONTINUE TO INCUR THE EXPENSE FOR BALLOTS AND 21 UNIQUE SUPPLIES FOR VOTING SYSTEMS THAT ARE NOT THE PREFERRED 22 VOTING SYSTEM BUT WERE PURCHASED BEFORE THE REPORT OF A PREFERRED 23 VOTING SYSTEM TO THE SECRETARY OF STATE. 24 Sec. 685. (1) The name of a candidate of a new political 25 party shall not be printed upon the official ballots of an elec- 26 tion unless the chairperson and secretary of the state central 27 committee of the party files with the secretary of state, not 04813'99 38 1 later than 4 p.m. of the one hundred-tenth day before the general 2 November election, a certificate signed by the chairperson and 3 secretary of the state central committee bearing the name of the 4 party, together with petitions bearing the signatures of regis- 5 tered and qualified electors equal to not less than 1% of the 6 total number of votes cast for all candidates for governor at the 7 last election in which a governor was elected. The petitions 8 shall be signed by at least 100 registered electors in each of at 9 least 1/2 of the congressional districts of the state. All sig- 10 natures on the petitions shall be obtained not more than 180 days 11 immediately preceding the date of filing. 12 (2) After the date on which a petition is filed, the secre- 13 tary of state shall not accept additional petition sheets for 14 that petition. The validity and authenticity of the signatures 15 may be determined in the same manner as provided for initiatory 16 and referendary petitions in section 9 of article II of the state 17 constitution of 1963. An official declaration of the sufficiency 18 or insufficiency of a petition filed under this section shall be 19 made by the board of state canvassers not later than 60 days 20 before the general November election. 21 (3) The petitions shall be in substantially the following 22 form: 23 PETITION TO FORM NEW POLITICAL PARTY 24 We, the undersigned, duly registered electors of the 25city, township of ..............................county of 26 ............... 27(strike one)04813'99 39 1 state of Michigan, residing at the places set opposite our names, 2 respectfully request the secretary of state, in accordance with 3 section 685 of the Michigan election law,Act No. 116 of the4Public Acts of 1954, as amended, being section 168.685 of the5Michigan Compiled Laws1954 PA 116, MCL 168.685, to receive the 6 certificate and vignette tendered with this petition, and place 7 the names of the candidates of the .......... party on the 8 ballot at the .................... election. 9 Warning: A person who knowingly signs petitions to organize 10 more than 1 new state political party, signs a petition to orga- 11 nize a new state political party more than once, or signs a name 12 other than his or her own is violating the provisions of the 13 Michigan election law. 14 ................................. 15 ................................. 16 ................................. 17 (4) The balance of the petition form shall be substantially 18 as set forth in section 544c. The size of all organizing peti- 19 tions shall be 8-1/2 inches by 13 inches and shall be printed in 20 the following type sizes: The words "petition to form new polit- 21 ical party" and the name of the proposed political party shall be 22 in 24-point boldface type; the word "warning" and the language 23 contained in the warning shall be in 12-point boldface type. 24 (5) Petitions circulated under this section may be circu- 25 lated on a countywide basis. A petition that is circulated coun- 26 tywide shall be on a form prescribed by the secretary of state. 04813'99 40 1 (6) If the principal candidate of a political party receives 2 a vote equal to less than 1% of the total number of votes cast 3 for the successful candidate for the office of secretary of state 4 at the last preceding general November election in which a secre- 5 tary of state was elected, that political party shall not have 6 the name of any candidate printed on the ballots at the next 7 ensuing general November election, and a column shall not be pro- 8 vided on the ballots for that party. A disqualified party may 9 again qualify and have the names of its candidates printed in a 10 separate party column on each election ballot in the manner set 11 forth in subsection (1) for the qualification of new parties. 12 The term "principal candidate" of any party means the candidate 13 whose name appears nearest the top of the party column. 14 (7) A political party that complied with this section is 15 subject to section 686a in order to have the name of that party, 16 its vignette, and its candidates appear on the general election 17 ballot. 18 (8) A person shall not knowingly sign a petition to organize 19 more than 1 new state political party, sign a petition to orga- 20 nize a new state political party more than once, or sign a name 21 other than his or her own on the petition. 22 Sec. 795. (1) An electronic voting system acquired or used 23 pursuant to sections 794 to 799a shall meet all of the following 24 requirements: 25 (a) Provide for voting in secrecy, except in the case of 26 voters who receive assistance as provided by this act. 04813'99 41 1 (b) Permit each elector to vote at an election for all 2 persons and offices for whom and for which the elector is 3 lawfully entitled to vote; to vote for as many persons for an 4 office as the elector is entitled to vote for; and to vote for or 5 against any question upon which the elector is entitled to vote. 6 Except as otherwise provided in this subdivision, the electronic 7 tabulating equipment shall reject all choices recorded on the 8 elector's ballot for an office or a question if the number of 9 choices exceeds the number that the elector is entitled to vote 10 for on that office or question. Electronic tabulating equipment 11 that can detect and inform an elector voting in person that the 12 choices recorded on the elector's ballot for an office or a ques- 13 tion exceeds the number that the elector is entitled to vote for 14 on that office or question shall offer the elector an opportunity 15 to correct the error before rejecting the choices recorded on the 16 elector's ballot. 17 (c) Permit an elector, at a presidential election, by a 18 single selection to vote for the candidates of a party for presi- 19 dent, vice-president, and presidential electors. 20 (d) Permit an elector at other than a primary election to 21 vote for all of the candidates of a political party by a single 22 selection or to vote a split or mixed ticket. 23 (e) Permit an elector in a primary election to vote for the 24 candidates in the party primary of the elector's choice. Except 25 as otherwise provided in this subdivision, the electronic tabu- 26 lating equipment shall reject each ballot on which votes are cast 27 for candidates of more than 1 political party. Electronic 04813'99 42 1 tabulating equipment that can detect and inform an elector voting 2 in person that the elector has voted for candidates of more than 3 1 political party shall offer the elector an opportunity to cor- 4 rect the error before rejecting the elector's ballot. 5 (f) Prevent an elector from voting for the same person more 6 than once for the same office. 7 (g) Be suitably designed for the purpose used; be durably 8 constructed; and be designed to provide for safety, accuracy, and 9 efficiency. 10 (h) Beginning June 18, 1990, be designed to accommodate the 11 needs of an elderly voter or a person with 1 or more 12 disabilities. 13 (i) Record correctly and count accurately each vote properly 14 cast. 15 (j) Provide an audit trail. 16 (k) Provide an acceptable method for an elector to vote for 17 a person whose name does not appear on the ballot. 18 (l) ALLOW FOR ACCUMULATION OF VOTE TOTALS FROM THE PRECINCTS 19 IN THE JURISDICTION. THE ACCUMULATION SOFTWARE MUST MEET SPECI- 20 FICATIONS PRESCRIBED BY THE SECRETARY OF STATE AND MUST BE CERTI- 21 FIED BY THE SECRETARY OF STATE AS MEETING THESE SPECIFICATIONS. 22 (2) Electronic tabulating equipment that counts votes at the 23 precinct before the close of the polls shall provide a method for 24 rendering the equipment inoperable if vote totals are revealed 25 before the close of the polls. 04813'99 43 1 (3) THE SECRETARY OF STATE SHALL CERTIFY NOT MORE THAN 10 2 VOTING SYSTEMS DESCRIBED IN SECTION 667(2) AS COMPATIBLE WITH ITS 3 SYSTEM. 4 Enacting section 1. Section 222 of the Michigan election 5 law, 1954 PA 116, MCL 168.222, is repealed. 04813'99 Final page. LBO