February 1, 2012, Introduced by Reps. Johnson, MacMaster, Daley and Haveman and referred to the Committee on Redistricting and Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 191, 195, 200, 203, 204, 205, 206, 206a,
209, 697, 699, and 706 (MCL 168.191, 168.195, 168.200, 168.203,
168.204, 168.205, 168.206, 168.206a, 168.209, 168.697, 168.699,
and 168.706), section 191 as amended by 1999 PA 218, section 200
as amended by 1998 PA 364, section 209 as amended by 1990 PA 7,
section 699 as amended by 2005 PA 71, and section 706 as amended
by 1985 PA 160, and by adding chapter XA.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 191. (1) A person shall is not
be eligible to the
2 office of county clerk, county treasurer, register of deeds,
3 prosecuting attorney, sheriff, drain commissioner, surveyor, or
4 coroner if the person is not a registered and qualified elector
1 of the county in which election is sought by the filing deadline.
2 (2) A person who has been convicted of a violation of
3 section 12a(1) of 1941 PA 370, MCL 38.412a, shall is not
be
4 eligible to any of the offices enumerated in this section for a
5 period of 20 years after conviction.
6 Sec. 195. When any If a candidate of a
political party for
7 any of the following offices: Prosecuting attorney, sheriff, the
8 office of county clerk, county treasurer, register of deeds,
9 drain commissioner, coroner, or surveyor, as the case may be,
10 after having qualified as a candidate, shall die, dies after
the
11 last day for qualifying, leaving such the party
without a
12 candidate for the offices named above, a candidate to fill the
13 vacancy thereby caused may be selected by the members of the
14 county committee of such the candidate's political
party. , and
15 the The name of the candidate so selected shall be
transmitted to
16 the county officials required by law to print and distribute
17 ballots, and such those
county officials shall cause to be
18 printed a sufficient number of gummed labels or stickers bearing
19 the name of the candidate, which shall be distributed to the
20 various voting precincts within their respective counties. ,
and
21 the The board of election inspectors of each such precinct
shall
22 cause 1 of such the
stickers to be placed on each ballot
over the
23 name of the candidate who has died before such the ballot
is
24 handed to the elector.
25 Sec. 200. (1) A county clerk, a county treasurer, a register
26 of deeds, a prosecuting attorney, a sheriff, a drain
27 commissioner, and a surveyor shall be elected at the 2000 general
1 November election and every fourth year after that. However, in a
2 county in which 1 of these offices is abolished or combined as
3 provided by law, no person shall be elected to that office in
4 that county.
5 (2) Subject to subsections (3), (4), and (5), a county board
6 of commissioners may by resolution combine the offices of county
7 clerk and register of deeds in 1 office of the clerk register or
8 separate the office of the clerk register into the offices of
9 county clerk and register of deeds. A combination or separation
10 of offices shall not take effect before the expiration of the
11 current term of the affected offices.
12 (3) Before adopting a resolution to combine the offices of
13 county clerk and register of deeds or separate the office of
14 clerk register into the offices of county clerk and register of
15 deeds, a county board of commissioners shall study the question
16 of combining or separating the offices. The mandatory
17 requirements of this subsection may be satisfied by conducting a
18 public hearing pursuant to subsection (4).
19 (4) The county board of commissioners as a whole body shall
20 hold not less fewer
than 1 public hearing, held subject to
the
21 open meetings act, 1976 PA 267, MCL 15.261 to 15.275, on the
22 question of combining or separating the offices of county clerk
23 and register of deeds. The county board of commissioners may vote
24 on the question as a regularly scheduled agenda item not less
25 than 10 days or more than 30 days after the last public hearing
26 held by the county board of commissioners on the question.
27 (5) Not later than the sixth Tuesday before the deadline for
1 filing the nominating petitions for the office of county clerk,
2 register of deeds, or clerk register, the county board of
3 commissioners may by a vote of 2/3 of the commissioners elected
4 and serving combine the offices of county clerk and register of
5 deeds or separate the office of the clerk register. The
6 resolution shall become effective upon the commencement of the
7 next term of office of the county clerk, register of deeds, or
8 clerk register after the adoption of the resolution.
9 Sec. 203. The term of office of the county clerk, county
10 treasurer, register of deeds, prosecuting attorney, sheriff,
11 drain commissioner, surveyor, and coroner shall begin begins on
12 January 1 next following the election , and continues until a
13 successor is elected and qualified, except that in counties
14 having a population of 1,000,000 or more the term of office of
15 the county treasurer shall begin begins on July 1 next
following
16 the election.
17 Sec. 204. Every person elected to an office named in section
18 200, of this act, before entering upon the duties
of his or her
19 office, shall take and subscribe to the oath as provided in
20 section 1 of article 11 XI
of the state constitution of 1963 and
21 , with the exception of the prosecuting attorney, shall give bond
22 in the amount and manner prescribed by law and shall deposit said
23
the oath with the county clerk and said
the bond with the county
24 treasurer. The county treasurer shall file his or her bond with
25 the county clerk.
26 Sec. 205. Any A
person duly elected to any of
the county
27 offices named in section 200 of this act who desires to resign
1 shall file a written notice containing the effective date of such
2 the resignation with the presiding or senior judge of probate,
3 the county clerk, and the prosecuting attorney of said the
4 county. : Provided, That if If the
county clerk or the
5 prosecuting attorney desires
to resign, he or she shall file a
6 written notice containing the effective date of such the
7 resignation with the presiding judge of that judicial circuit.
8 Sec. 206. The office of county clerk, county treasurer,
9 register of deeds, prosecuting attorney, sheriff, drain
10 commissioner, surveyor, or coroner in any county in this state
11 shall become becomes vacant upon the happening of any of the
12 following events:
13
(a) Death of the incumbent. ;
his
14
(b) The incumbent's resignation. ;
his
15
(c) The incumbent's removal from
office for cause. ; his
16 (d) The incumbent's ceasing to be a resident of the county
17 in which his or her office is located. ; his
18 (e) The incumbent's conviction of an infamous crime or an
19 offense involving the violation of his or her oath of office. ;
20 the
21
(f) The decision of a competent
tribunal declaring his the
22
incumbent's election or appointment
void. ; his
23 (g) The incumbent's refusal or neglect to take and subscribe
24 to the constitutional oath of office and deposit the same in the
25 manner and within the time prescribed by law. ;
or his
26 (h) The incumbent's refusal or neglect to give bond in the
27 amount and manner and within the time prescribed by law.
1 Sec. 206a. Whenever any If a person elected to the
office of
2 county clerk, county treasurer, register of deeds, prosecuting
3 attorney, sheriff, drain
commissioner, surveyor, or coroner in
4 any county shall die dies
before the commencement of the term for
5 which he or she was elected, there shall be is a
vacancy for the
6 term to which such the
person was elected to and the vacancy
7 shall be filled according to law. The vacancy shall be filled
8 within 15 days after the beginning of the term for which he or
9 she was elected.
10 Sec. 209. If a vacancy occurs in an elective or appointive
11 county office, it shall be filled in the following manner:
12 (1) If the vacancy is in the office of county clerk, or
13 prosecuting attorney, it
shall be filled by appointment by the
14 judge or judges of that judicial circuit.
15 (2) If the vacancy is in any other county office named in
16 section 200, the presiding or senior judge of probate, the county
17 clerk, and the prosecuting attorney shall appoint a suitable
18 person to fill the vacancy.
19 (3) A person appointed shall take and subscribe to the oath
20 as provided in section 1 of article XI of the state constitution
21 of 1963, give bond in the manner required by law, and hold office
22 for the remainder of the unexpired term and until a successor is
23 elected and qualified. However, if the next general November
24 election is to be held more than 182 days after the vacancy
25 occurs, and it is not the general November election at which a
26 successor in office would be elected if there were no vacancy,
27 the person appointed shall hold office only until a successor is
1 elected at the next general November election in the manner
2 provided by law and qualifies for office. The successor shall
3 hold the office for the remainder of the unexpired term.
4 CHAPTER XA
5 PROSECUTING ATTORNEY AND SHERIFF
6 Sec. 212. (1) A person is not eligible to the office of
7 prosecuting attorney or sheriff if the person is not a registered
8 and qualified elector of the county in which the election is
9 sought by the filing deadline.
10 (2) A person who has been convicted of a violation of
11 section 12a(1) of 1941 PA 370, MCL 38.412a, is not eligible to
12 any of the offices enumerated in this section for a period of 20
13 years after conviction.
14 Sec. 213. A general nonpartisan primary election shall be
15 held in every county of this state on the Tuesday after the first
16 Monday in August before every general November election at which
17 a prosecuting attorney and sheriff are to be elected, at which
18 time the qualified and registered electors may vote for
19 nonpartisan candidates for the offices of prosecuting attorney
20 and sheriff. If upon the expiration of the time for filing
21 petitions or a filing fee for the primary election of the
22 prosecuting attorney and sheriff in any county it appears that
23 there are not to exceed twice the number of candidates as there
24 are persons to be elected, then the county clerk shall certify to
25 the county board of election commissioners the name of the
26 candidate for prosecuting attorney or sheriff whose petitions
27 have been properly filed and that candidate shall be the nominee
1 for the office of prosecuting attorney or sheriff and shall be so
2 certified. As to that office, there shall be no primary election
3 and this office shall be omitted from the primary ballot.
4 Sec. 213a. (1) Subject to subsection (2), to obtain the
5 printing of the name of a person as a candidate for nomination
6 for the office of prosecuting attorney or sheriff upon the
7 official nonpartisan primary ballots, there shall be filed with
8 the county clerk nominating petitions signed by a number of
9 qualified and registered electors residing within the county as
10 determined under section 544f. Nominating petitions shall be in
11 the form prescribed in section 544a. The county clerk shall
12 receive nominating petitions up to 4 p.m. of the twelfth Tuesday
13 before the August primary.
14 (2) Instead of filing nominating petitions, a candidate for
15 prosecuting attorney or sheriff may pay a filing fee of $100.00
16 to the county clerk. Payment of the filing fee and certification
17 of the candidate's name paying the filing fee shall be governed
18 by the same provisions as in the case of nominating petitions.
19 The fee shall be deposited in the general fund of the county.
20 (3) The nominating petition signatures filed under this
21 section are subject to challenge as provided in section 552.
22 Sec. 214. After the filing of a nominating petition or
23 filing fee by or on behalf of a proposed candidate for the office
24 of prosecuting attorney or sheriff, the proposed candidate is not
25 permitted to withdraw unless he or she serves a written notice of
26 withdrawal on the county clerk or his or her duly authorized
27 agent not later than 4 p.m., eastern standard time, in the
1 afternoon of the third day after the last day for filing the
2 nominating petition or filing fee. If the third day falls on a
3 Saturday, Sunday, or legal holiday, the notice of withdrawal may
4 be served on the county clerk up to 4 p.m., eastern standard
5 time, on the next secular day.
6 Sec. 215. The candidates for the offices of prosecuting
7 attorney and sheriff receiving the largest number of votes at a
8 primary election, to a number equal to twice the number of places
9 to be filled as set forth in the report of the board of county
10 canvassers, based on the returns from the various election
11 precincts or as determined by the board of county canvassers as
12 the result of a recount, shall be declared the nominees for the
13 offices of prosecuting attorney and sheriff at the next November
14 election. The board of county canvassers shall certify the
15 nominations to the county election commission.
16 Sec. 215a. (1) Except as otherwise provided in this section,
17 a prosecuting attorney and sheriff shall be elected in each
18 county in which a prosecuting attorney and sheriff are to be
19 elected by law.
20 (2) If there are fewer nominees for the office of
21 prosecuting attorney or sheriff than there are persons to be
22 elected because of the death or disqualification of a nominee
23 less than 66 days before the general November election, then a
24 person shall not be elected at that general November election to
25 that office for which there is no nominee.
26 Sec. 216. A prosecuting attorney and sheriff shall be
27 elected at the 2012 general November election and every fourth
1 year after that.
2 Sec. 217. The board of county canvassers shall determine
3 which candidates for the offices named in section 212 received
4 the greatest number of votes and shall declare those candidates
5 elected. The board of county canvassers shall make and subscribe
6 on its statement of returns a certificate of the determination
7 and deliver the certificate to the county clerk within 14 days
8 after the date of the election.
9 Sec. 217a. The county clerk shall file in his or her office
10 and preserve the original statement and determination of the
11 board of canvassers of the results of the election and shall
12 execute and cause to be delivered to the persons declared elected
13 to the offices named in section 212 a properly certified
14 certificate of election, certified by him or her under the seal
15 of the county. The county clerk may cause a copy of the
16 certificate of determination and the statement of the votes cast
17 at the election for the offices to be published in at least 1
18 newspaper printed or circulated, or both, in that county.
19 Sec. 217b. The term of office of the prosecuting attorney
20 and sheriff begins on January 1 next following an election and
21 continues until a successor is elected and qualified.
22 Sec. 218. (1) A person elected as sheriff, before entering
23 upon the duties of his or her office, shall take and subscribe to
24 the oath as provided in section 1 of article XI of the state
25 constitution of 1963 and shall give bond in the amount and manner
26 prescribed by law and shall deposit the oath with the county
27 clerk and the bond with the county treasurer.
1 (2) A person elected as prosecuting attorney, before
2 entering upon the duties of his or her office, shall take and
3 subscribe to the oath as provided in section 1 of article XI of
4 the state constitution of 1963 and shall deposit the oath with
5 the county clerk.
6 Sec. 218a. (1) A person elected as sheriff who desires to
7 resign shall file a written notice containing the effective date
8 of the resignation with the presiding or senior judge of probate,
9 the county clerk, and the prosecuting attorney.
10 (2) A person elected as prosecuting attorney who desires to
11 resign shall file a written notice containing the effective date
12 of the resignation with the presiding judge of that judicial
13 district.
14 Sec. 219. The office of prosecuting attorney or sheriff in
15 any county of this state becomes vacant upon the happening of any
16 of the following events:
17 (a) Death of the incumbent.
18 (b) The incumbent's resignation.
19 (c) The incumbent's removal from office for cause.
20 (d) The incumbent's ceasing to be a resident of the county
21 in which his or her office is located.
22 (e) The incumbent's conviction for a crime or an offense
23 involving the violation of his or her oath of office.
24 (f) The decision of a competent tribunal declaring the
25 incumbent's election or appointment void.
26 (g) The incumbent's refusal or neglect to take and subscribe
27 to the constitutional oath of office and deposit the same in the
1 manner and within the time prescribed by law.
2 (h) The incumbent's refusal or neglect to give bond in the
3 amount and manner and within the time prescribed by law.
4 Sec. 219a. If a person elected to the office of prosecuting
5 attorney or sheriff in any county dies before the beginning of
6 the term for which he or she was elected, there is a vacancy for
7 the term to which the person was elected and the vacancy shall be
8 filled according to law. The vacancy shall be filled within 15
9 days after the beginning of the term for which he or she was
10 elected.
11 Sec. 219b. (1) The governor may remove an officer named in
12 section 212 if the governor is satisfied from the evidence
13 submitted that the officer is guilty of official misconduct,
14 willful neglect of duty, extortion, or habitual drunkenness, or
15 has been convicted of being drunk, or if it appears by a
16 certified copy of the judgment of a court of record of this state
17 that the officer, after his or her election or appointment, has
18 been convicted of a felony.
19 (2) Before the governor removes an officer under this
20 section, all of the following procedures shall be followed:
21 (a) Charges have been exhibited to the governor in writing
22 specifying the grounds for removal. The charges shall be
23 accompanied by any supporting evidence and by the affidavit of
24 the person making the charges verifying that the person believes
25 the charges to be true.
26 (b) A copy of the charges are served on the officer. Service
27 shall be made as follows:
1 (i) If the officer can be found, by handing to the officer a
2 copy of the charges, together with all affidavits or exhibits
3 that may be attached to the charges.
4 (ii) If the officer cannot be found, by leaving a copy of the
5 charges, together with all affidavits or exhibits that may be
6 attached to the charges, with a person of suitable age at the
7 officer's last known place of residence or, if a person of
8 suitable age is not available, by posting the copy or copies in a
9 conspicuous place at the officer's last known place of residence.
10 (c) The officer shall be given an opportunity to respond to
11 the charges.
12 (3) An officer removed from office under this section is not
13 eligible for election or appointment to any office for a period
14 of 3 years from the date of the removal.
15 Sec. 219c. (1) If a vacancy occurs in the office of
16 prosecuting attorney, it shall be filled by appointment by the
17 judge or judges of that judicial circuit.
18 (2) If a vacancy occurs in the office of sheriff, the
19 presiding or senior judge of probate, the county clerk, and the
20 prosecuting attorney shall appoint a suitable person to fill the
21 vacancy.
22 (3) A person appointed shall take and subscribe to the oath
23 as provided in section 1 of article XI of the state constitution
24 of 1963, give bond in the manner required by law, and hold office
25 for the remainder of the unexpired term and until a successor is
26 elected and qualified. However, if the next general November
27 election is to be held more than 182 days after the vacancy
1 occurs and it is not the general November election at which a
2 successor in office would be elected if there were no vacancy,
3 the person appointed shall hold office only until a successor is
4 elected at the next general November election in the manner
5 provided by law and qualifies for office. The successor shall
6 hold the office for the remainder of the unexpired term.
7 Sec. 220. The votes cast for a candidate for any of the
8 offices named in section 212 at any primary or election are
9 subject to recount as provided in chapter XXXIII.
10 Sec. 220a. A person elected to an office named in section
11 212 is subject to recall as provided in chapter XXXVI.
12 Sec. 697. At the general November election, the names of the
13 several offices to be voted for shall be placed on the ballot
14 substantially in the following order in the years in which
15 elections for such those
offices are held: Electors of president
16 and vice-president of the United States; governor and lieutenant
17 governor; secretary of state; attorney general; United States
18 senator; representative in congress; senator and representative
19 in the state legislature; members of the state board of
20 education; regents of the university of Michigan; trustees of
21 Michigan state university; governors of Wayne state university;
22 county executive; prosecuting attorney; sheriff; clerk;
23 treasurer; register of deeds; auditor in counties electing an
24 auditor; mine inspector in counties electing a mine inspector;
25 county road commissioners; drain commissioners; coroners; and
26 surveyor. The following township officers shall be placed on the
27 same ballot as above described in substantially the following
1 order in the year in which elections for such those offices
are
2 held: supervisor, clerk, treasurer, trustees, and constables.
3 Sec. 699. At any regular election, the names of the several
4 nonpartisan offices to be voted for shall be placed on a separate
5 portion of the ballot containing no party designation in the
6 following order: justices of the supreme court, judges of the
7 court of appeals, judges of the circuit court, judges of the
8 probate court, judges of the district court, prosecuting
9 attorney, sheriff, city officers, the following village officers
10 in substantially the following order in the year in which
11 elections for the offices are held: president, clerk, treasurer,
12 and trustees, and in a year in which an election for the office
13 is held, local school district board member, community college
14 board of trustees member, intermediate school district board
15 member, and district library board member.
16 Sec. 706. The arrangement of the ballot containing the names
17 of candidates for office shall conform as nearly as possible to
18 the following plan, and shall contain the specific instructions
19 there set forth and no others:
20 OFFICIAL BALLOT
21 County of ................ Date ...............
22 INSTRUCTIONS - To vote a straight party ticket make a cross
23 (X) or check mark (√) in the circle under the name of your party.
24 Nothing further need be done. To vote for a candidate not on your
25 party ticket, make a cross (X) or a check mark (√) in the square [
26 ] before the candidate's name. Candidates for president and vice-
1 president must be voted for as a unit, and the vote cannot be
2 split. Candidates for governor and lieutenant governor must be
3 voted for as a unit, and the vote cannot be split.
4 If 2 or more candidates are to be elected to the same office
5 and you desire to vote for candidates not on your party ticket,
6 make a cross (X) or a check mark (√) in the square [ ] before the
7 names of the candidates for whom you desire to vote on the other
8 ticket, and strike out an equal number of names on your party
9 ticket, for that office.
10 If you do not desire to vote any party ticket, do not make a
11 cross (X) or check mark (√) in the circle at the head of any
12 ticket, but make a cross (X) or a check mark (√) in the square [ ]
13 before the name of each candidate for whom you desire to vote.
14 If you wish to vote for a candidate not on any ticket, write
15 or place the name of that candidate on your ballot opposite the
16 name of the office.
17 Before leaving the booth, fold the ballot so that the face
18 of the ballot is not exposed and so that the numbered corner is
19 visible.
20 __________________________________________________________________
21 Name of Vignette Vignette Vignette
22 Offices with with with
23 Voted For: Name of Party Name of Party Name of Party
24 [ ] [ ] [ ]
25 __________________________________________________________________
26 Name of Name of Name of
27 PRESIDENTIAL Candidate for Candidate for Candidate for
28 Electors of President. President. President.
29 President
30 and Vice- [ ]Name of [ ]Name of [ ]Name of
31 President of Candidate for Candidate for Candidate for
32 the United Vice-President. Vice-President. Vice-President.
33 States
1 __________________________________________________________________
2 Governor Governor Governor
3 STATE Name of Name of Name of
4 Governor and Candidate Candidate Candidate
5 Lieutenant [ ]Lieut.Governor[ ]Lieut.Governor[ ]Lieut.Governor
6 Governor Name of Name of Name of
7 Candidate Candidate Candidate
8 __________________________________________________________________
9 Secretary of Secretary of Secretary of
10 State State State
11 Secretary of [ ]Name of [ ]Name of [ ]Name of
12 State Candidate Candidate Candidate
13 __________________________________________________________________
14 CONGRESSIONAL U.S. Senator U.S. Senator U.S. Senator
15 United States [ ]Name of [ ]Name of [ ]Name of
16 Senator Candidate Candidate Candidate
17 __________________________________________________________________
18 Represent- U.S. Repre- U.S. Repre- U.S. Repre-
19 ative in sentative sentative sentative
20 Congress [ ]Name of [ ]Name of [ ]Name of
21 ...District Candidate Candidate Candidate
22 __________________________________________________________________
23 LEGISLATIVE State Senator State Senator State Senator
24 Senator [ ]Name of [ ]Name of [ ]Name of
25 ...District Candidate Candidate Candidate
26 __________________________________________________________________
27 State Repre- State Repre- State Repre-
28 Represent- sentative sentative sentative
29 ative [ ]Name of [ ]Name of [ ]Name of
30 ...District Candidate Candidate Candidate
31 __________________________________________________________________
32 COUNTY Pros. Attorney Pros. Attorney Pros. Attorney
33 Prosecuting [ ]Name of [ ]Name of [ ]Name of
34 Attorney Candidate Candidate Candidate
35 __________________________________________________________________
36 Sheriff Sheriff Sheriff
37 Sheriff [ ]Name of [ ]Name of [ ]Name of
38 Candidate Candidate Candidate
39 __________________________________________________________________