September 13, 2011, Introduced by Senators KAHN, GREEN, COLBECK, SCHUITMAKER, WALKER, BRANDENBURG and PAPPAGEORGE and referred to the Committee on Local Government and Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 59, 75, and 169 (MCL 168.59, 168.75, and
168.169), section 169 as amended by 1990 PA 7, and by adding
sections 696a, 696b, and 696c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
59. (1) When the If a candidate of a
political party,
after having been nominated to the office of governor, shall die,
withdraw
as provided in section 58, of this act, remove from the
state, or become disqualified for any reason, the state central
committee
of such that political party shall meet forthwith and by
a majority vote of the members thereof shall select a candidate to
fill
the vacancy. thereby caused. The name of the candidate so
selected
shall be immediately certified by the chairman chairperson
and
the secretary of said the committee to the secretary of state
and
to the board of election commissioners for each county , whose
duty
it is to prepare the official ballots.
, and said Except as
otherwise provided in subsection (2), the board shall cause to be
printed
or placed upon such the ballots in the proper place the
name
of the candidate so selected and certified to fill such the
vacancy.
(2) Not later than 7 days after the name of the candidate
selected to fill the vacancy is certified under this section, that
candidate shall provide to the secretary of state satisfactory
evidence of United States citizenship as provided in section 696a.
If the candidate selected to fill the vacancy fails to comply with
the requirement of this subsection, the secretary of state shall
not certify that candidate's name for printing on the general
November election ballot.
Sec.
75. (1) When If
a candidate of a political party, after
having been nominated to the office of lieutenant governor,
secretary of state, or attorney general, shall die, withdraw,
remove from the state, or become disqualified for any reason, the
state
central committee of such that
political party shall meet
forthwith and by a majority vote of the members thereof shall
select
a candidate to fill the vacancy. thereby caused. The name of
the
candidate so selected shall be immediately certified by the
chairman
chairperson and the secretary of said the committee
to the
secretary of state and to the board of election commissioners for
each
county whose duty it is to prepare the official ballots. and
said
Except as otherwise provided
in subsection (2), the board
shall
cause to be printed or placed upon said the ballots, in the
proper
place, the name of the candidate so selected to fill the
vacancy.
(2) Not later than 7 days after the name of the candidate
selected to fill the vacancy is certified under this section, that
candidate shall provide to the secretary of state satisfactory
evidence of United States citizenship as provided in section 696b.
If the candidate selected to fill the vacancy fails to comply with
the requirement of this subsection, the secretary of state shall
not certify that candidate's name for printing on the general
November election ballot.
Sec.
169. (1) When the If a candidate of a
political party,
after having been nominated to the office of state senator or
representative, shall die, be certified by a state convention for a
statewide office, withdraw from the district, become physically
unfit, or become disqualified for any reason, the members residing
within
said that senatorial or representative district of the
county
executive committees of such that
candidate's political
party
for the counties comprising said the senatorial or
representative district shall meet at a time and place designated
by
the chairperson of the state central committee of such the
political
party and notice of such the
meeting shall be sent to all
such
members of the county executive
committees. The meeting shall
be conducted by the secretary of the state central committee or his
or
her duly authorized agent, but said the secretary or agent shall
not
be privileged to vote at such the
meeting. A candidate to fill
the vacancy shall be selected by a majority vote of the committee
members
present and voting. : Provided, That if such If a vacancy
occurs in a senatorial or representative district wholly within 1
county, a candidate to fill the vacancy shall be selected by the
county executive committee of the county by a majority vote
thereof.
The name of the candidate so selected shall be certified
immediately
by the chairperson and the secretary of said the
committee to the secretary of state in those districts comprising 2
or more counties and to the county clerk in those districts
contained within 1 county. The certification shall be sent in any
case
to the board of election commissioners for each county , whose
duty
it is to prepare the official ballots.
; and said Except as
otherwise provided in subsection (2), the board shall cause to be
printed
or placed upon such the ballots, in the proper place, the
name
of the candidate so selected and certified to fill such the
vacancy.
(2) Not later than 7 days after the name of the candidate
selected to fill the vacancy is certified under this section, that
candidate shall provide satisfactory evidence of United States
citizenship as provided in section 696c. If the candidate selected
to fill the vacancy fails to comply with the requirement of this
subsection, that candidate's name shall not be certified for
printing on the general November election ballot.
Sec. 696a. (1) Except as otherwise provided in subsection (3),
at least 70 days before each general November election in which a
governor is to be elected, each candidate for governor who wants to
have his or her name printed on the general November election
ballot shall provide to the secretary of state satisfactory
evidence of United States citizenship indicating that the candidate
is a citizen of the United States. Satisfactory evidence of United
States citizenship means the candidate provides 1 or more of the
following:
(a) The candidate's enhanced driver license number or enhanced
official state personal identification card number issued by the
department of state under the enhanced driver license and enhanced
official state personal identification card act, 2008 PA 23, MCL
28.301 to 28.308, or the equivalent department of another state if
that department indicates on the candidate's enhanced driver
license or enhanced official state personal identification card
that the person has provided satisfactory evidence of United States
citizenship.
(b) A certified copy of the candidate's birth certificate.
(c) The candidate's United States passport.
(d) The candidate's United States naturalization documents or
the number of the certificate of naturalization. If only the number
of the certificate of naturalization is provided, the secretary of
state shall verify the number of the certificate of naturalization
with the United States immigration and naturalization service.
(2) Except as otherwise provided in subsection (3), if a
candidate for governor does not comply with the requirement of
subsection (1), that candidate is disqualified as a candidate for
governor for that election and the secretary of state shall not
certify that candidate's name for printing on the general November
election ballot.
(3) The requirement under subsection (1) for a candidate to
provide satisfactory evidence of United States citizenship only
applies to a candidate who is a candidate for governor for the
first time.
Sec. 696b. (1) Except as otherwise provided in subsection (3),
not later than 7 days after the conclusion of a political party's
fall state convention held before each general November election in
which a governor is to be elected, each candidate for lieutenant
governor, secretary of state, and attorney general of that
political party who wants to have his or her name printed on the
general November election ballot shall provide to the secretary of
state satisfactory evidence of United States citizenship indicating
that the candidate is a citizen of the United States. Satisfactory
evidence of United States citizenship means the candidate provides
1 or more of the following:
(a) The candidate's enhanced driver license number or enhanced
official state personal identification card number issued by the
department of state under the enhanced driver license and enhanced
official state personal identification card act, 2008 PA 23, MCL
28.301 to 28.308, or the equivalent department of another state if
that department indicates on the candidate's enhanced driver
license or enhanced official state personal identification card
that the person has provided satisfactory evidence of United States
citizenship.
(b) A certified copy of the candidate's birth certificate.
(c) The candidate's United States passport.
(d) The candidate's United States naturalization documents or
the number of the certificate of naturalization. If only the number
of the certificate of naturalization is provided, the secretary of
state shall verify the number of the certificate of naturalization
with the United States immigration and naturalization service.
(2) Except as otherwise provided in subsection (3), if a
candidate for lieutenant governor, secretary of state, or attorney
general does not comply with the requirement of subsection (1),
that candidate is disqualified as a candidate for lieutenant
governor, secretary of state, or attorney general for that election
and the secretary of state shall not certify that candidate's name
for printing on the general November election ballot.
(3) The requirement under subsection (1) for a candidate to
provide satisfactory evidence of United States citizenship only
applies to a candidate who is a candidate for lieutenant governor,
secretary of state, or attorney general for the first time.
Sec. 696c. (1) Except as otherwise provided in subsection (3),
at least 70 days before each general November election, each
candidate for state senator or state representative who wants to
have his or her name printed on the general November election
ballot shall provide satisfactory evidence of United States
citizenship indicating that the candidate is a citizen of the
United States as required under section 7 of article IV of the
state constitution of 1963. If the candidate's district comprises
more than 1 county, the satisfactory evidence of United States
citizenship shall be provided to the secretary of state. If the
candidate's district comprises 1 county or less, the satisfactory
evidence of Untied States citizenship shall be provided to the
county clerk of that county. Satisfactory evidence of United States
citizenship means the candidate provides 1 or more of the
following:
(a) The candidate's enhanced driver license number or enhanced
official state personal identification card number issued by the
department of state under the enhanced driver license and enhanced
official state personal identification card act, 2008 PA 23, MCL
28.301 to 28.308, or the equivalent department of another state if
that department indicates on the candidate's enhanced driver
license or enhanced official state personal identification card
that the person has provided satisfactory evidence of United States
citizenship.
(b) A certified copy of the candidate's birth certificate.
(c) The candidate's United States passport.
(d) The candidate's United States naturalization documents or
the number of the certificate of naturalization. If only the number
of the certificate of naturalization is provided, the official with
whom the satisfactory evidence of United States citizenship is
provided shall verify the number of the certificate of
naturalization with the United States immigration and
naturalization service.
(2) Except as otherwise provided in subsection (3), if a
candidate for state senator or state representative does not comply
with the requirement of subsection (1), that candidate is
disqualified as a candidate for state senator or state
representative for that election and that candidate's name shall
not be certified for printing on the general November election
ballot.
(3) The requirement under subsection (1) for a candidate to
provide satisfactory evidence of United States citizenship only
applies to a candidate who is a candidate for state senator or
state representative for the first time.