HOUSE BILL NO. 6232

September 16, 2020, Introduced by Reps. Marino and Hornberger and referred to the Committee on Elections and Ethics.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending section 590h (MCL 168.590h), as amended by 2018 PA 650.

the people of the state of michigan enact:

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Sec. 590h. (1) A qualifying petition for a candidate without political party affiliation must be the same size and printed in the same type sizes as required in section 544c. The petition must be in the following form:

QUALIFYING PETITION

(CANDIDATE WITHOUT PARTY AFFILIATION)

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We, the undersigned, registered and qualified voters of
the city or township of ............, in the county of ..........
(strike 1)
and state of Michigan, nominate, .............................,
		(Name of Candidate)
.............................................................,
(Street Address or R.R.)	(City or Township)
as a candidate without party affiliation for the office of
........................................................... in
(Title of Office and District)
order that the name of the candidate be placed without party
affiliation on the ballot for the election to be held on
the .............. day of ............ , 20.... .
WARNING

Whoever knowingly signs more petitions for the same office than there are persons to be elected to the office or signs a name other than his or her own is violating the Michigan election law.

(2) The balance of the qualifying petition form must be substantially as set forth in section 544c. A qualifying petition for a candidate without party affiliation must not contain a reference to a political party.

(3) An individual shall not knowingly sign more petitions for the same office than there are persons to be elected to the office. An individual who violates this subsection is guilty of a misdemeanor.

(4) An individual shall not do any of the following:

(a) Sign a qualifying petition with a name other than his or her own.

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(b) Make a false statement in a certificate on a qualifying petition.

(c) If not a circulator, sign a qualifying petition as a circulator.

(d) Sign a name as circulator other than his or her own.

(e) Circulate a qualifying petition that contains incorrect information or that does not contain all of the information required under subsection (1) and section 544c.

(5) Except as otherwise provided in subsection (6), an individual who violates subsection (4) is guilty of a misdemeanor punishable by a fine of not more than $500.00 or imprisonment for not more than 93 days, or both.

(6) An individual shall not sign a qualifying petition with multiple names. An individual who violates this subsection is guilty of a felony.

(7) If an individual signs a qualifying petition in violation of this section, any signature by that individual on the petition is invalid and must not be counted.

(8) Before circulating a qualifying petition for signatures, the circulator of the qualifying petition or the candidate must complete the entire heading of the qualifying petition as required under subsection (1) and section 544c. The circulator of a qualifying petition must not obtain a signature on a qualifying petition that contains incorrect information or that does not contain all of the information required under subsection (1) and section 544c. A filing official shall not count electors' signatures that were obtained on a qualifying petition that contains incorrect information or that does not contain all of the information required under subsection (1) and section 544c.

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Enacting section 1. This amendatory act takes effect January 1, 2021.

Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6231 (request no. 07406'20 *) of the 100th Legislature is enacted into law.