HB-4892, As Passed House, September 6, 2017

SUBSTITUTE FOR

HOUSE BILL NO. 4892

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending section 644f (MCL 168.644f), as amended by 2015 PA 43.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 644f. (1) Except as provided in this section and section

644e, nominating petitions for offices to be filled at the odd year

general election ~~shall~~ must be filed by 4 p.m. on the fifteenth

Tuesday before the odd year primary election. The place of filing

and the number of signatures ~~shall~~ must be the same as is now

required by law for those offices.

(2) If a nonpartisan petition requirement is not contained in

law or charter, the minimum number of signatures ~~shall be~~ is the

amount as provided for in section 544f.

(3) If, upon the expiration of the time for filing nonpartisan

petitions, not more than twice the number of candidates as there

are persons to be elected to that office have filed, the primary

for that office ~~shall~~ must not be held and those persons filing

valid petitions ~~shall be~~ are declared the nominees for the offices,

unless a city charter provides otherwise for city offices.

(4) Until December 31, ~~2015,~~ 2017, the nominating petition

filing deadline for candidates for city offices may be adjusted as

provided in subsection (5) if all of the following occur:

(a) The city clerk publishes a nominating petition filing

deadline that is different than the fifteenth Tuesday before the

odd year primary election or the odd year general election and the

nominating petition filing deadline published by the city clerk is

~~between~~ after the fifteenth Tuesday ~~and~~ but no later than the

~~twelfth~~ eleventh Tuesday before the applicable odd year primary

election or the odd year general election.

(b) The city clerk did not publicly correct the filing

deadline error at least 2 weeks before the fifteenth Tuesday before

the odd year primary election or the odd year general election.

relied upon the incorrect nominating petition filing deadline,

failed to file nominating petitions by the fifteenth Tuesday before

the odd year primary election or the odd year general election, and

filed nominating petitions by the filing deadline published by the

city clerk that are determined by the city clerk to contain a

sufficient number of valid signatures.

(5) If the bureau of elections confirms that all of the

conditions set forth in subsection (4) are met, the bureau of

elections may authorize the city clerk to adjust the nominating

petition filing deadline for that odd year primary election or that

odd year general election from the fifteenth Tuesday before the odd

year primary election or the odd year general election to the

incorrectly published nominating petition filing deadline.

(6) A city that ~~falls under~~ is subject to subsections (4) and

(5) before December 31, 2015 is subject to all of the following:

(a) Until December 31, 2017, the city clerk of that city shall

attend at least once annually an election training school conducted

by the director of elections as provided in section 33.

(b) Until December 31, 2017, the city clerk shall submit

nominating petitions to the secretary of state for final approval

as to form before being circulated for signatures and shall submit

any election filing deadline calendars and any correspondence

relating to those calendars to the secretary of state before being

provided to the public.

after each November election held in the city in 2015, 2016, and

2017.

~~(d) The secretary of state shall conduct an administrative~~

~~audit of the city clerk's elections operations and shall report the~~

~~results of that administrative audit to the house and senate~~

~~committees dealing with elections no later than October 1, 2015.~~

~~(e) Until December 31, 2015, the secretary of state shall~~

~~conduct preelection precinct election inspector training for those~~

~~acting as precinct election inspectors at any August or November~~

~~election held in the city.~~

(d) ~~(f)~~ Notwithstanding section 683, beginning January 1, 2016

and until December 31, 2017, those acting as precinct election

inspectors at any August or November election held in the city

shall attend a preelection training school for election inspectors

conducted by the county clerk of the county in which the city is

located.

(7) A city that first becomes subject to subsections (4) and

(5) between January 1, 2017 and December 31, 2017 is subject to all

of the following:

(a) Until December 31, 2019, the city clerk of that city shall

attend at least once annually an election training school conducted

by the director of elections as provided in section 33.

(b) Until December 31, 2019, the city clerk shall submit

nominating petitions to the secretary of state for final approval

as to form before being circulated for signatures and shall submit

any election filing deadline calendars and any correspondence

relating to those calendars to the secretary of state before being

provided to the public.

after each November election held in the city in 2017, 2018, and

2019.

(d) The secretary of state shall conduct an administrative

audit of the city clerk's elections operations and shall report the

results of that administrative audit to the house and senate

committees dealing with elections no later than February 28, 2018.

(e) Until August 31, 2018, the secretary of state shall

conduct preelection precinct election inspector training for those

acting as precinct election inspectors at any August or November

election held in the city.

(f) Notwithstanding section 683, beginning September 1, 2018

and until December 31, 2019, those acting as precinct election

inspectors at any August or November election held in the city

shall attend a preelection training school for election inspectors

conducted by the county clerk of the county in which the city is

located.

(8) For a city that first becomes subject to subsections (4)

and (5) between January 1, 2017 and December 31, 2017, the

secretary of state shall direct the city clerk to place all

eligible candidates who properly filed sufficient nominating

petitions by the eleventh Tuesday before the applicable odd year

primary election or the odd year general election on the odd year

general election ballot.

(9) A city that is subject to subsection (7) is subject to a

civil fine of $2,500.00.

(10) Beginning January 1, 2018, A city is subject to a civil

fine of $5,000.00 if all of the following occur:

(a) The city clerk publishes a nominating petition filing

deadline that is different than the fifteenth Tuesday before the

odd year primary election or the odd year general election and the

nominating petition filing deadline published by the city clerk is

after the fifteenth Tuesday but not later than the eleventh Tuesday

before the odd year primary election or the odd year general

election.

(b) The city clerk does not publicly correct the filing

deadline error at least 2 weeks before the fifteenth Tuesday before

the odd year primary election or the odd year general election.

upon the incorrect nominating petition filing deadline, fail to

file nominating petitions by the fifteenth Tuesday before the odd

year primary election or the odd year general election, and file

nominating petitions by the filing deadline published by the city

clerk that are determined by the city clerk to contain a sufficient

number of valid signatures.

(11) A civil fine collected under subsection (9) or (10) must

be paid to the state treasury and credited to the department of

state for enforcement of this section.