HB-4700, As Passed House, December 21, 2018

HB-4700, As Passed Senate, December 20, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 4700

     A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 605, 607, 608, 624a, 625, and 737a (MCL

168.605, 168.607, 168.608, 168.624a, 168.625, and 168.737a),

section 607 as amended by 1996 PA 583, sections 608 and 625 as

amended by 1988 PA 116, section 624a as amended by 2018 PA 120, and

section 737a as amended by 2012 PA 276.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 605. The name of the candidate for delegate to the county

convention shall must not be printed upon the official primary

election ballot, but 1 or more such names may be placed on such

ballot by printed or written slips pasted thereon by the elector,

or the names may be written in by the elector.

     Sec. 607. (1) The required number of electors who receive the

highest number of votes for delegates to the fall county convention

of a political party shall must be declared by the board of primary

election inspectors county clerk to be elected. If, on the canvass

of the votes polled at a primary election for delegates to the fall

county convention of a political party, 2 or more candidates for

delegate receive an equal number of votes for the same office, and

that causes a failure to elect a delegate, the election to the

office shall must be determined as provided in subsection

(2).section 625.

     (2) The board of canvassers for the county in which the

election was held shall appoint a day for the appearance of all the

candidates for delegate before the county clerk for the purpose of

determining by lot among the candidates the right to the office of

delegate. The board of county canvassers shall give notice of the

drawing to all interested candidates. The officer before whom the

drawing is to take place shall prepare as many slips of paper as

there are candidates and write the word "elected" on as many slips

of paper as there are offices to be filled, and the words "not

elected" on the remaining slips. The officer shall fold the slips

of paper so as to conceal the writing and so that they may appear

as near alike as possible. The slips of paper shall be placed in a

box, and, at the time and place appointed for the drawing of the

lots, each candidate may draw 1 of the slips from the box. The

candidate drawing a slip on which is written the word "elected" is

considered legally elected to the office of delegate. The officer

conducting the drawing shall immediately give the elected delegate

a certificate of election. If an interested candidate fails to

appear at the drawing, the officer conducting the drawing shall

designate some person to draw for the absent candidate.

     Sec. 608. (1) The board of primary election inspectors county

clerk shall certify to the county clerk the names of the electors

elected as delegates, naming the political party upon whose ballot

the delegates were elected.

     (2) The county clerk shall record the names of the delegates

elected in a book kept for that purpose and shall file the book

maintain a record of those elected as delegates among the records

of the clerk's office.

     (3) No later than 7 days following the primary election, the

county clerk shall notify each delegate elected of his or her

election as delegate.

     (4) The county clerk shall certify the following to the

chairperson of the committee of each political party of the county:

     (a) The delegates elected by the political party as delegates

to the county conventions.

     (b) The names of all persons nominated as candidates of a

political party for county office and for state legislative office

who are delegates at large under section 599(5), when those names

become available to the county clerk.

     (5) As used in this section, "persons nominated as candidates

of a political party for county office and for state legislative

office who are delegates at large under section 599(5)" means

incumbent county officials, incumbent state legislators, and

unsuccessful candidates for county offices and state legislative

offices who were candidates at the last prior regular or special

election held for the respective office.

     Sec. 624a. (1) A precinct delegate may resign his or her

office upon written notice to the chairperson of the county

committee and the county clerk of the county or district in which

the delegate resides.

     (2) A person An individual who has filed petitions an

affidavit of identity for precinct delegate may withdraw his or her

name from the ballot by filing a statement of withdrawal with the

county clerk within 72 hours after 4 p.m. of the last day to file

for the office of precinct delegate.

     (3) A person An individual elected to fill a delegate vacancy

or elected as a precinct delegate is not qualified to participate

in a convention if, at the time of the convention, that person

individual does not reside in the precinct from which he or she was

elected. A delegate is not disqualified if the delegate no longer

resides in the precinct as a result of a division or rearrangement

of the precinct under section 660 or 661.

     (4) If a written complaint is made to the county clerk

regarding a delegate's qualification to hold the office, the county

clerk shall check with the township or city clerk of the township

or city in which the delegate indicated on the nominating petition

affidavit of identity as his or her place of residence. The

township or city clerk shall report back to the county clerk within

48 hours as to the complaint made under this subsection. If the

township or city clerk's report shows that the delegate is not

qualified to hold the office, the county clerk shall certify to the

chairperson of the county committee of the political party the name

of the delegate of that political party who is no longer qualified

to hold the office of delegate under this subsection.

     Sec. 625. A delegate ballot shall must be voted and canvassed

by the precinct inspectors in the same manner as ballots bearing

the names of the candidates for other county offices. The returns

shall must be made direct to the county clerk, who shall canvass

the ballots and immediately notify the successful candidates by

registered, certified, or first class first-class mail at the

address given in their nominating petitions. affidavit of identity.

The county clerk shall, at the same time, furnish the chairperson

of the county committee of each political party with the names and

addresses of the delegates to the county convention of the

chairperson's political party as required in section 608. However,

in case of a tie vote between the candidates for delegate in any

precinct, the county clerk shall notify the candidates to appear in

his or her office at a specified time, and the successful candidate

shall must be determined by drawing in a manner similar to that

provided in section 851. If a candidate is elected who has not

filed a nominating petition and whose name is not printed on the

ballots, the chairperson of the board of precinct election

inspectors county clerk shall determine if the candidate is a

registered elector in that precinct. If the candidate is a

registered elector in that precinct, the candidate's name and

address shall be certified to the county clerk on the return and if

not registered, the candidate's name shall not be certified on the

return.

     Sec. 737a. (1) Except as otherwise provided in this section,

the board of election inspectors shall not count a write-in vote

for a person unless that person has filed a declaration of intent

to be a write-in candidate as provided in this section. The write-

in candidate shall file the declaration of intent to be a write-in

candidate with the filing official for that elective office on or

before 4 p.m. on the second Friday immediately before the election.

The secretary of state, immediately after the 4 p.m. filing

deadline under this subsection, shall prepare and have delivered a

list of all persons who have filed a declaration of intent to be a

write-in candidate under this subsection, if any, to the

appropriate county clerks. A filing official other than the

secretary of state who receives a declaration of intent to be a

write-in candidate or list of persons who filed a declaration of

intent from another filing official under this subsection shall

prepare and have delivered a list of all persons who have filed a

declaration of intent to be a write-in candidate to the board of

election inspectors in the appropriate precincts before the close

of the polls on election day.

     (2) If a candidate whose name is printed on the official

ballot for the election dies or is otherwise disqualified after 4

p.m. on the second Friday immediately before the election, the

requirement of filing a declaration of intent to be a write-in

candidate under subsection (1) does not apply to a write-in

candidate. If a death or disqualification has occurred as described

in this subsection, the board of election inspectors shall count

all write-in votes for write-in candidates for the office sought by

the deceased or disqualified candidate.

     (3) Subsections (1) and (2) do not apply to a write-in

candidate for precinct delegate. The board of election inspectors

shall not count a write-in vote for a write-in candidate for

precinct delegate unless that candidate has filed a declaration of

intent to be a write-in candidate as provided in this subsection. A

write-in candidate for precinct delegate shall file a declaration

of intent to be a write-in candidate with the appropriate city or

township county clerk for of the county in which that precinct is

located on or before 4 p.m. on the Friday immediately before the

election or with the board of election inspectors in the

appropriate precinct before the close of the polls on election day.

A city or township A county clerk who receives a declaration of

intent to be a write-in candidate from a write-in candidate for

precinct delegate under this subsection shall prepare and have

delivered a list of all persons who have filed a declaration of

intent to be a write-in candidate to the board of election

inspectors in city and township clerks for the appropriate

precincts before the close of the polls on election day. A city or

township clerk shall deliver a list of all persons who have filed a

declaration of intent to be a write-in candidate for precinct

delegate to the board of election inspectors in the appropriate

precincts before the close of the polls on election day.

     (4) The secretary of state shall prescribe forms for the

declaration of intent to be a write-in candidate. Clerks shall

maintain a supply of declaration of intent to be a write-in

candidate forms in the clerk's office and make the forms available

in the polling places during the August primary for this purpose.

The declaration of intent to be a write-in candidate form shall

must include all of the following information:

     (a) The name of the person intending to be a write-in

candidate.

     (b) The elective office that the person seeks as a write-in

candidate.

     (c) The residence address of the person seeking elective

office as a write-in candidate.

     (d) Other information the secretary of state considers

appropriate.