CANDIDATE FILING FEES FOR TOWNSHIP OFFICES

House Bill 4747 as enacted

Public Act 653 of 2018

Sponsor: Rep. Kimberly LaSata

House Bill 4748 as enacted

Public Act 654 of 2018

Sponsor: Rep. Julie Calley

House Committee:  Elections and Ethics

Senate Committee:  Elections and Government Reform

Complete to 2-9-19

SUMMARY:

The bills amend the Michigan Election Law to add a filing fee option for township offices and direct the proceeds to the township’s general fund.

House Bill 4748 allows a candidate for township office to submit a $100 filing fee to the township clerk in lieu of a nominating petition in order to appear on the primary election ballot. (MCL 168.349)

House Bill 4747 incorporates filing fees used in lieu of nominating petitions in the procedures for the withdrawal of candidacy for township offices. (MCL 168.351)

As is the case for other local offices, candidates who are nominated and an equal number of those receiving the next highest number of votes in a primary election must be refunded the filing fee. If two or more candidates receive the lowest number of votes triggering a refund, then the refund must be divided among them. All other candidates, including a candidate who withdraws or is disqualified from an election, do not receive a refund, and that money must go to the township’s general fund.

The bills take effect March 28, 2019.

FISCAL IMPACT:

Township governments would receive marginal increases in revenue under House Bill 4748. Filing fees submitted to townships would be new revenue since current law does not provide for filing fees in lieu of nominating petitions. Data on township and municipal elections were not available for this analysis; however, revenue increases would not likely be significant.

                                                                                                                       

                                                                                        Legislative Analysts:   Jenny McInerney

                                                                                                                           Dana Adams

                                                                                                 Fiscal Analyst:   Michael Cnossen

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.