NONREFUNDABLE FILING FEE H.B. 4747 (H-1) & 4748 (H-1):
SUMMARY OF HOUSE-PASSED BILL
IN COMMITTEE
House Bill 4747 (Substitute H-1 as passed by the House)
House Bill 4748 (Substitute H-1 as passed by the House)
Sponsor: Representative Kimberly LaSata (H.B. 4747)
Representative Julie Calley (H.B. 4748)
House Committee: Elections and Ethics
Senate Committee: Elections and Government Reform
CONTENT
House Bill 4748 (H-1) would amend the Michigan Election Law to do the following:
-- Require a nonrefundable filing fee of $100 to be paid to the township clerk to obtain the printing of the name of a candidate of a political party under that party's heading on a primary election ballot.
-- Require that the fee must be deposited in the township's general fund.
House Bill 4747 (H-1) would amend the Michigan Election Law to specify that a proposed candidate for township office would not be permitted to withdraw after filing a nominating petition (as is the case currently) or the payment of the nonrefundable filing fee described in House Bill 4748 (H-1).
The bills are tie-barred to each other and to House Bills 4745, 4749, 4750, 4809, and 4810. Each bill would take effect 90 days after its enactment.
House Bill 4748 (H-1)
Under the Election Law, to obtain the printing of the name of an individual's name as a candidate for nomination by a political party for a township office under the particular party heading on the official primary ballots, a nominating petition must be filed with the township clerk. The petition must be in the form prescribed under the Law, and signed by a specified number of qualified and registered electors residing within the township.
Under the bill, instead of filing a nominating petition for that purpose, a nonrefundable filing fee of $100 could be paid to the township clerk. Payment of the fee and certification of the candidate's name paying the fee would be governed by the same provisions as in the case of a nominating petition. The fee would have to be deposited in the township's general fund.
Within four days after the last day for filing nominating petitions, a township clerk must 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. Under the bill, this provision also would refer to the nonrefundable filing fee.
House Bill 4747 (H-1)
Under the Law, after the filing of a nominating petition by or in behalf of a proposed candidate for a township office, that candidate may not be allowed to withdraw unless a written notice of withdrawal is served on the township clerk by 4 p.m. on the third day after the last day for filing nominating petitions, 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 p.m. on the next secular day.
Under the bill, this requirement would apply to the filing of a nominating petition, or a nonrefundable filing fee.
168.349 (H.B. 4748) Legislative Analyst: Nathan Leaman
FISCAL IMPACT
House Bill 4747 (H-1)
The bill would have no fiscal impact on State or local government.
House Bill 4748 (H-1)
The bill could have a positive fiscal impact on townships due the provision to allow the townships to collect a $100 filing fee instead of a nominating petition. Currently there is no allowance for a filing fee in lieu of a nominating petition and no fee for a petition. Any filing fee would remain in the township's general fund, and would be additional revenue for the township.
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.