HOUSE BILL NO. 6151

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 194, 195, and 198 (MCL 168.194, 168.195, and 168.198), sections 195 and 198 as amended by 2012 PA 276.

the people of the state of michigan enact:

Sec. 194. After the filing of a nominating petition or filing fee by or in on behalf of a proposed candidate for any of the offices named in section 191 of this act, such or for the office of county commissioner, the candidate shall is not be permitted to withdraw unless a written notice of withdrawal is served on the county clerk or his the county clerk's duly authorized agent not later than 4 o'clock, eastern standard time, in the afternoon p.m. of the third day after the last day for filing such the nominating petition or filing fee , as in this act provided, 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 o'clock, eastern standard time, p.m. on the next secular day.

Sec. 195. If Subject to this section, if a candidate of a political party for prosecuting attorney, sheriff, county clerk, county treasurer, register of deeds, drain commissioner, coroner, county commissioner, or surveyor, after having qualified as a candidate, dies after the last day for qualifying, leaving the political party without a candidate for that office, a replacement candidate to fill the vacancy may be selected by the members of the county executive committee of the candidate's political party, and the name of the replacement candidate selected shall must be transmitted to the county officials required by law to print and distribute ballots. An individual selected as the replacement candidate for the office of county commissioner must be a resident and registered elector of the county commissioner district from which the vacancy occurs. The name of the replacement candidate shall must be printed on the ballots, but if the ballots have been printed, the county officials shall must have the ballots reprinted with the replacement candidate's name on the ballots and the reprinted ballots shall must be distributed to the various voting precincts within their the respective counties.

Sec. 198. (1) If a candidate of a political party files a nominating petition or filing fee for a county office and has been nominated for the office by a political party, the candidate is not permitted to withdraw unless he or she has moved the candidate moves from the county or has become becomes physically unfit.

(2) If a candidate of a political party files a nominating petition or filing fee for the office of county commissioner and has been nominated for that office by a political party, the candidate is not permitted to withdraw unless he or she has moved the candidate moves from the county or from the district from which he or she the candidate was nominated or has become becomes physically unfit.

(3) If the person Subject to this subsection, if an individual who has been nominated as the candidate of a political party for a county office or the office of county commissioner dies before the date of the election for that office, the county executive committee of the political party whose candidate has died shall select, by majority vote, a replacement candidate for that person. individual. An individual selected as the replacement candidate for the office of county commissioner must be a resident and registered elector of the county commissioner district from which the vacancy occurs. The name of the replacement candidate selected shall must be transmitted to the election officials responsible for the preparation and distribution of ballots, and the name of the replacement shall candidate must be affixed to each ballot in place of the name of the original candidate.

(4) A vacancy shall must not be filled by a county executive committee except as provided in this section.

(5) This prohibition shall must not be construed to prohibit the withdrawal of a candidate who was nominated without having filed a nominating petition or filing fee and whose name has been written or placed on the ballot of a political party.