April 12, 2011, Introduced by Rep. Scott and referred to the Committee on Redistricting and Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 613a, 614a, 615a, and 641 (MCL 168.613a,
168.614a, 168.615a, and 168.641), section 613a as amended by 2003
PA 13, sections 614a and 615a as amended by 1999 PA 72, and section
641 as amended by 2005 PA 71.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
613a. (1) Except in 2004 when no statewide presidential
primary
shall be conducted, a A statewide presidential primary
election
shall be conducted under this act on the fourth last
Tuesday
in February January in each presidential election year.
(2) A political party that received 5% or less of the total
vote cast nationwide for the office of president in the last
presidential election shall not participate in the presidential
primary election.
(3) Except as otherwise provided in sections 614a, 615a, 616a,
624g, and 879a, the statewide presidential primary election shall
be conducted under the provisions of this act that govern the
conduct of general primary elections.
Sec. 614a. (1) Not later than 4 p.m. of the second Friday in
November
October of the year before the presidential election, the
secretary of state shall issue a list of the individuals generally
advocated by the national news media to be potential presidential
candidates for each party’s nomination by the political parties for
which a presidential primary election will be held under section
613a.
(2) Not later than 4 p.m. of the Tuesday following the second
Friday
in November October of the year before the presidential
election, the state chairperson of each political party for which a
presidential primary election will be held under section 613a shall
file with the secretary of state a list of individuals whom they
consider to be potential presidential candidates for that political
party.
(3) After the issuance of the list under subsection (1) and
after receipt of names from the state chairperson of each political
party under subsection (2), the secretary of state shall notify
each potential presidential candidate on the lists of the
provisions of this act relating to the presidential primary
election.
Sec. 615a. (1) Except as otherwise provided in this section,
the secretary of state shall cause the name of a presidential
candidate notified by the secretary of state under section 614a to
be printed on the presidential primary ballot under the appropriate
political party heading. A presidential candidate notified by the
secretary of state under section 614a may file an affidavit with
the secretary of state indicating his or her party preference if
different than the party preference contained in the secretary of
state notification and the secretary of state shall cause that
presidential candidate’s name to be printed under the appropriate
party heading on the presidential primary ballot. A presidential
candidate notified by the secretary of state under section 614a may
file an affidavit with the secretary of state indicating that he or
she does not wish to have his or her name printed on the
presidential primary ballot and the secretary of state shall not
have that presidential candidate’s name printed on the presidential
primary ballot. A presidential candidate shall file an affidavit
described in this subsection with the secretary of state no later
than
4 p.m. on the second Friday in December November of the year
before the presidential election year or the affidavit is
considered void.
(2) The name of an individual who is not listed as a potential
presidential candidate under section 614a shall be printed on the
ballot for the presidential primary under the appropriate political
party heading if he or she files a nominating petition with the
secretary of state no later than 4 p.m. on the second Friday in
December
November of the year before the presidential election
year. The nominating petition shall contain valid signatures of
registered and qualified electors equal to not less than 1/2 of 1%
of the total votes cast in the state at the previous presidential
election for the presidential candidate of the political party for
which the individual is seeking this nomination. However, the total
number of signatures required on a nominating petition under this
subsection shall not exceed 1,000 times the total number of
congressional districts in this state. A signature on a nominating
petition
is not valid if obtained before October September 1 of the
year before the presidential election year in which the individual
seeks nomination. To be valid, a nominating petition must conform
to the requirements of this act regarding nominating petitions, but
only to the extent that those requirements do not conflict with the
requirements of this subsection.
(3) The names of the presidential candidates under each
political party heading shall be rotated on the ballot. The ballot
shall contain a space for an elector to vote uncommitted.
Sec. 641. (1) Except as otherwise provided in this section and
sections
613a, 642, and 642a, beginning January 1, 2005, an
election held under this act shall be held on 1 of the following
regular election dates:
(a) The February regular election date, which is the fourth
Tuesday in February.
(b) The May regular election date, which is the first Tuesday
after the first Monday in May.
(c) The August regular election date, which is the first
Tuesday after the first Monday in August.
(d) The November regular election date, which is the first
Tuesday after the first Monday in November.
(2) If an elective office is listed by name in section 643,
requiring the election for that office to be held at the general
election, and if candidates for the office are nominated at a
primary election, the primary election shall be held on the August
regular election date.
(3) Except as otherwise provided in this subsection and
subsection (4), a special election shall be held on a regular
election date. A special election called by the governor under
section 145, 178, 632, 633, or 634 to fill a vacancy or called by
the legislature to submit a proposed constitutional amendment as
authorized in section 1 of article XII of the state constitution of
1963 may, but is not required to be, held on a regular election
date.
(4) A school district may call a special election to submit a
ballot question to borrow money, increase a millage, or establish a
bond if an initiative petition is filed with the county clerk. The
petition shall be signed by a number of qualified and registered
electors of the district equal to not less than 10% of the electors
voting in the last gubernatorial election in that district or 3,000
signatures, whichever number is lesser. Section 488 applies to a
petition to call a special election for a school district under
this section. In addition to the requirements set forth in section
488, the proposed date of the special election shall appear beneath
the petition heading, and the petition shall clearly state the
amount of the millage increase or the amount of the loan or bond
sought and the purpose for the millage increase or the purpose for
the loan or bond. The petition shall be filed with the county clerk
by 4 p.m. of the twelfth Tuesday before the proposed date of the
special election. The petition signatures shall be obtained within
60 days before the filing of the petition. Any signatures obtained
more than 60 days before the filing of the petition are not valid.
If the special election called by the school district is not
scheduled to be held on a regular election date as provided in
subsection (1), the special election shall be held on a Tuesday. A
special election called by a school district under this subsection
shall not be held within 30 days before or 35 days after a regular
election date as provided in subsection (1). A school district may
only call 1 special election pursuant to this subsection in each
calendar year.
(5)
The secretary of state shall make a report to the house
and
senate committees that consider election issues by December 1,
2006.
The secretary of state shall report about the special
elections
held under this subsection, including, but not limited
to,
all of the following:
(a)
The number of times a special election has been held.
(b)
Which school districts have held special elections.
(c)
Information about the success rate of the ballot question
submitted
at the special elections.
(d)
Information about voter turnout, including the percentage
and
number of registered voters who voted in each special election.
(5) (6)
The secretary of state shall direct
and supervise the
consolidation of all elections held under this act.
(6) (7)
This section shall be known and may
be cited as the
"Hammerstrom election consolidation law".