September 7, 2011, Introduced by Reps. Cotter, Shirkey, Somerville, Denby, Hughes and Tyler and referred to the Committee on Redistricting and Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 349 and 351 (MCL 168.349 and 168.351), section
349 as amended by 1999 PA 218.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 349. (1) To obtain the printing of the name of a person
as a candidate for nomination by a political party for a township
office under the particular party heading upon the official primary
ballots, there shall be filed with the township clerk nominating
petitions signed by a number of qualified and registered electors
residing within the township as determined under section 544f.
Nominating petitions shall be in the form prescribed in section
544c. The township clerk shall receive nominating petitions up to 4
p.m.
of the twelfth Tuesday preceding before the August primary.
(2) To obtain the printing of the name of a candidate of a
political party under the particular party's heading upon the
primary election ballots in the various voting precincts of the
township, there may be filed by the candidate, in lieu of filing
nominating petitions, a filing fee of $100.00 to be paid to the
township clerk. Payment of the fee and certification of the
candidate's name paying the fee shall be governed by the same
provisions as in the case of nominating petitions. The fee shall be
deposited in the general fund of the township and shall be refunded
to candidates who are nominated and to an equal number of
candidates who receive the next highest number of votes in the
primary election. If 2 or more candidates tie in having the lowest
number of votes allowing a refund, the sum of $100.00 shall be
divided among them. The deposits of all other defeated candidates,
as well as the deposits of candidates who withdraw or are
disqualified, shall be forfeited and the candidates shall be
notified of the forfeiture. Deposits forfeited under this section
shall be paid into and credited to the general fund of the
township.
(3) (2)
Within 4 days after the last day
for filing nominating
petitions or a filing fee, the township clerk shall deliver to the
county clerk a list setting forth the name, address, and political
affiliation and office sought of each candidate who has qualified
for a position on the primary ballot.
Sec. 351. After the filing of a nominating petition or filing
fee by or in behalf of a proposed candidate for a township office,
such
the candidate shall not be permitted to withdraw unless
a
written notice of withdrawal is served on the township clerk not
later than 4 o'clock, eastern standard time, in the afternoon of
the
third day after the last day for filing such nominating
petitions
or a filing fee as provided
in this act, provided,
unless
the third day falls on a Saturday, Sunday, or legal holiday, in
which case the notice of withdrawal may be served on the clerk up
to 4 o'clock, eastern standard time, on the next secular day.