April 28, 2010, Introduced by Senators CROPSEY, McMANUS, KUIPERS and BISHOP and referred to the Committee on Campaign and Election Oversight.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 404 (MCL 168.404), as amended by 1999 PA 218.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 404. (1) The governor shall appoint a successor to fill
the vacancy in the office of justice of the supreme court. The
person appointed by the governor shall be considered an incumbent
for purposes of this act and shall hold office until 12 noon of
January
1 following the next general election
, at which a
successor is elected and qualified.
(2)
At Except as otherwise
provided in section 395(2), at the
next
general November fall
primary election held at least 105 days
after
the vacancy occurs, a person nominated under section 392
shall
be elected to fill that office.candidates
shall be nominated
to fill the vacancy in the manner provided in this chapter for the
nomination of candidates for supreme court justice. The vacancy
shall be filled at the general November election next following the
primary in the manner provided in this chapter for the election of
supreme court justices. The person elected shall hold the office
for the remainder of the unexpired term.
(3) A candidate receiving the highest number of votes for that
office who has subscribed to the oath as provided in section 1 of
article XI of the state constitution of 1963 is considered to be
elected and qualified even though a vacancy occurs before the time
he or she has entered upon the duties of his or her office.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No. 1296.
(b) Senate Bill No. 1297.
(c) Senate Bill No. 1298.
(d) Senate Bill No. 1299.