Bill Text: MI HB4530 | 2021-2022 | 101st Legislature | Engrossed
Bill Title: Elections: scheduling; primary election to be held in June; provide for, and eliminate May and August regular election dates. Amends secs. 3, 52, 53, 92, 93, 132, 133, 162, 163, 192, 193, 253, 254, 322, 345, 349, 370, 409a, 412, 432, 433, 467a, 534, 535, 551, 559, 591, 592, 598, 611, 623a, 641, 642, 642a, 686a, 737a, 821, 963 & 970e of 1954 PA 116 (MCL 168.3 et seq.).
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2022-10-11 - Referred To Committee Of The Whole With Substitute (s-3) [HB4530 Detail]
Download: Michigan-2021-HB4530-Engrossed.html
Substitute For
HOUSE BILL NO. 4530
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 3, 52, 53, 92, 93, 132, 133, 162, 163, 192, 193, 253, 254, 322, 345, 349, 370, 409a, 412, 432, 433, 467a, 534, 535, 551, 559, 591, 592, 598, 611, 623a, 641, 642, 642a, 686a, 737a, 821, 963, and 970e (MCL 168.3, 168.52, 168.53, 168.92, 168.93, 168.132, 168.133, 168.162, 168.163, 168.192, 168.193, 168.253, 168.254, 168.322, 168.345, 168.349, 168.370, 168.409a, 168.412, 168.432, 168.433, 168.467a, 168.534, 168.535, 168.551, 168.559, 168.591, 168.592, 168.598, 168.611, 168.623a, 168.641, 168.642, 168.642a, 168.686a, 168.737a, 168.821, 168.963, and 168.970e), section 3 as amended by 2018 PA 603, sections 53, 93, 133, 163, 193, and 551 as amended by 2012 PA 276, sections 254, 433, and 467a as amended by 2018 PA 120, section 322 as amended by 2015 PA 103, section 349 as amended by 2018 PA 654, section 370 as amended by 2014 PA 94, section 534 as amended by 2018 PA 224, section 591 as amended by 2012 PA 128, sections 592, 598, and 623a as amended by 1988 PA 116, section 611 as amended by 1996 PA 583, section 641 as amended by 2015 PA 197, section 642 as amended by 2015 PA 100, section 642a as amended by 2012 PA 523, section 686a as amended by 1999 PA 216, section 737a as amended by 2018 PA 611, section 821 as amended by 2018 PA 614, section 963 as amended by 2015 PA 99, and section 970e as amended by 2015 PA 102.
the people of the state of michigan enact:
(a) "Locked and sealed" is defined in section 14.
(b) "Major political party" is defined in section 16.
(c) "Metal seal" or "seal" is defined in section 14a.
(d) "Name that was formally changed" means a name changed by a proceeding under chapter XI of the probate code of 1939, 1939 PA 288, MCL 711.1 to 711.3, or former 1915 PA 314, or through a similar, statutorily sanctioned procedure under the law of another state or country.
(e) "Odd year general election" means the election held on the November regular election date in an odd numbered year.
(f) "Odd year primary election" means the election held on the August June regular election date in an odd numbered year.
(g) "Primary" or "primary election" is defined in section 7.
(h) "Regular ballot" means a ballot that is issued to a voter on election day at a polling place location.
(i) "Qualified elector" is defined in section 10.
(j) "Qualified voter file" is defined in section 509m.
(k) "Regular election" means an election held on a regular election date to elect an individual to, or nominate an individual for, elective office in the regular course of the terms of that elective office.
(l) "Regular election date" means 1 of the dates established as a regular election date in section 641.
(m) "Residence" is defined in section 11.
Sec. 52. A general primary election of all political parties shall must be held in every election precinct in this state on the third Tuesday succeeding the first Monday in August preceding June before every general November election in which a governor is to be elected, at which time the qualified and registered electors of each political party shall vote for party candidates for the office of governor. This section shall does not apply to parties required to nominate candidates at caucuses or conventions.
Sec. 53. To obtain the printing of the name of a person an individual as a candidate for nomination by a political party for the office of governor under a particular party heading upon on the official primary ballots, there shall must be filed with the secretary of state nominating petitions signed by a number of qualified and registered electors residing in this state as determined under section 544f. Nominating petitions shall must be signed by at least 100 registered resident electors in each of at least 1/2 of the congressional districts of the this state. Nominating petitions shall must be in the form as prescribed in section 544c. Until December 31, 2013, nominating petitions shall be received by the secretary of state for filing in accordance with this act up to 4 p.m. of the twelfth Tuesday before the August primary. Beginning January 1, 2014, nominating Nominating petitions shall must be received by the secretary of state for filing in accordance with this act up to 4 p.m. of the fifteenth Tuesday before the August June primary.
Sec. 92. A general primary election of all political parties shall must be held in every election precinct in this state on the third Tuesday succeeding the first Monday in August preceding June before every general November election, at which time the qualified and registered electors of each political party may vote for a party candidate for the office of United States senator, Senator, to be filled at said the election. : Provided, That this This section shall does not apply to parties required to nominate candidates at caucuses or conventions. : Provided further, That no A nomination for the office of United States senator shall Senator must not be made unless such the official is to be elected at the next succeeding general November election.
Sec. 93. In order for the name of a person an individual as a candidate for nomination by a political party for the office of United States senator Senator to appear under a particular party heading on the official primary ballot, a nominating petition shall must be filed with the secretary of state. The nominating petition shall must have been signed by a number of qualified and registered electors residing within this state as determined under section 544f. The nominating petition shall must be signed by at least 100 qualified and registered electors in each of at least 1/2 of the congressional districts of this state. Nominating petitions shall must be in the form as prescribed in section 544c. Until December 31, 2013, the nominating petition shall be filed with the secretary of state no later than 4 p.m. of the twelfth Tuesday before the August primary. Beginning January 1, 2014, the The nominating petition shall must be filed with the secretary of state no later than 4 p.m. of the fifteenth Tuesday before the August June primary.
Sec. 132. A general primary election of all political parties shall must be held in every election precinct in this state on the third Tuesday succeeding the first Monday in August preceding June before every general November election, at which time the qualified and registered electors of each political party within every congressional district shall vote for party candidates for the office of representative Representative in congress Congress to be filled at said the election. : Provided, That this This section shall does not apply to parties required to nominate candidates at caucuses or conventions.
Sec. 133. In order for the name of a person an individual as a candidate for nomination by a political party for the office of representative Representative in congress Congress to appear under a particular party heading on the official primary ballot in the election precincts of a congressional district, a nominating petition shall must have been signed by a number of qualified and registered electors residing in the district as determined under section 544f. Until December 31, 2013, if the congressional district comprises more than 1 county, the nominating petition shall be filed with the secretary of state no later than 4 p.m. of the twelfth Tuesday before the August primary. Beginning January 1, 2014, if If the congressional district comprises more than 1 county, the nominating petition shall must be filed with the secretary of state no later than 4 p.m. of the fifteenth Tuesday before the August June primary. Until December 31, 2013, if the congressional district is within 1 county, the nominating petition shall be filed with the county clerk of that county no later than 4 p.m. of the twelfth Tuesday before the August primary. Beginning January 1, 2014, if If the congressional district is within 1 county, the nominating petition shall must be filed with the county clerk of that county no later than 4 p.m. of the fifteenth Tuesday before the August June primary. Nominating petitions shall must be in the form as prescribed in section 544c.
Sec. 162. A general primary election of all political parties shall must be held in every election precinct in this state on the third Tuesday succeeding the first Monday in August preceding June before every general November election, at which time the qualified and registered electors of each political party within every senatorial district and every representative district shall vote for party candidates for the offices of state senator and representative, to be filled at the November election. : Provided, That this This section shall does not apply to parties required to nominate candidates at caucuses or conventions.
Sec. 163. (1) To obtain the printing of the name of a person an individual as a candidate for nomination by a political party for the office of state senator or representative under a particular party heading upon on the official primary ballots in the various election precincts of a district, there shall must be filed nominating petitions signed by a number of qualified and registered electors residing in the district as determined under section 544f. If the district comprises more than 1 county, the nominating petitions shall must be filed with the secretary of state. If the district comprises 1 county or less, the nominating petitions shall must be filed with the county clerk of that county. Nominating petitions shall must be in the form prescribed in section 544c. Until December 31, 2013, the secretary of state and the various county clerks shall receive nominating petitions for filing in accordance with this act up to 4 p.m. of the twelfth Tuesday before the August primary. Beginning January 1, 2014, the The secretary of state and the various county clerks shall receive nominating petitions for filing in accordance with this act up to 4 p.m. of the fifteenth Tuesday before the August June primary.
(2) In lieu Instead of filing a nominating petition, a filing fee of $100.00 may be paid to the county clerk or, for a candidate in a district comprising more than 1 county, to the secretary of state. Payment of the fee and certification of the name of the candidate paying the fee shall be are governed by the same provisions as in the case of nominating petitions. The fee shall must be deposited in the general fund of the county and shall must be refunded to candidates who are nominated and to an equal number of candidates who receive the next highest number of votes in the primary election. If 2 or more candidates tie in having the lowest number of votes allowing a refund, the sum of $100.00 shall must be divided among them. A refund of a deposit shall must not be made to a candidate who withdraws as a candidate.
Sec. 192. A general primary election of all political parties shall must be held in every county of this state on the third Tuesday succeeding the first Monday in August preceding June before the general November election at which the officers named in section 191 of this act are to be elected, at which time the qualified and registered electors of each political party may vote for party candidates for the offices. This section shall does not apply to parties required to nominate candidates at caucuses or conventions.
Sec. 193. (1) To obtain the printing of the name of a person an individual as a candidate for nomination by a political party for an office named in section 191 under a particular party heading upon on the official primary ballots, there shall must be filed with the county clerk nominating petitions signed by a number of qualified and registered electors residing within the county as determined under section 544f. Nominating petitions shall must be in the form prescribed in section 544c. Until December 31, 2013, the county clerk shall receive nominating petitions up to 4 p.m. of the twelfth Tuesday before the August primary. Beginning January 1, 2014, the The county clerk shall receive nominating petitions up to 4 p.m. of the fifteenth Tuesday before the August June primary.
(2) To obtain the printing of the name of a candidate of a political party under the particular party's heading upon on the primary election ballots in the various voting precincts of the county, there may be filed by the candidate, in lieu the candidate may file, instead of filing nomination petitions, a filing fee of $100.00 to be paid to the county clerk. Payment of the fee and certification of the candidate's name paying the fee shall be are governed by the same provisions as in the case of nominating petitions. The fee shall must be deposited in the general fund of the county and shall must be refunded to candidates who are nominated and to an equal number of candidates who receive the next highest number of votes in the primary election. If 2 or more candidates tie in having the lowest number of votes allowing a refund, the sum of $100.00 shall must be divided among them. The deposits of all other defeated candidates, as well as the deposits of candidates who withdraw or are disqualified, shall must be forfeited and the candidates shall must be notified of the forfeiture. Deposits forfeited under this section shall must be paid into and credited to the general fund of the county.
Sec. 253. A general primary election of all political parties shall must be held on the third Tuesday succeeding the first Monday in August preceding June before every general November election in which county road commissioners are elected, at which time the qualified and registered electors of each political party may vote for party candidates for the office of county road commissioner.
Sec. 254. (1) To obtain the printing of the name of a person an individual as a candidate for nomination by a political party for the office of county road commissioner under a particular party heading upon on the official primary ballots, there must be filed with the county clerk of the county nominating petitions signed by a number of qualified and registered electors residing within the county as determined under section 544f. Nominating petitions must be in the form prescribed in section 544c. The county clerk shall receive nominating petitions up to 4 p.m. of the fifteenth Tuesday before the August June primary in which county road commissioners are to be elected.
(2) To obtain the printing of the name of a candidate of a political party under the particular party's heading upon on the primary election ballots in the various voting precincts of the county, there may be filed by each candidate, in lieu each candidate may file, instead of filing nominating petitions, a filing fee of $100.00 to be paid to the county clerk. Payment of the fee and certification of the name of the candidate paying the fee are governed by the same provisions as in the case of nominating petitions. The fee must be deposited in the general fund of the county and must be returned to all candidates who are nominated and to an equal number of candidates who received the next highest number of votes in the primary election. If 2 or more candidates tie in having the lowest number of votes allowing a refund, the sum of $100.00 must be divided among them. The deposits of all other defeated candidates, as well as the deposits of candidates who withdraw or are disqualified, are forfeited and the candidates must be notified of the forfeitures. Deposits forfeited under this section must be paid into and credited to the general fund of the county.
Sec. 322. If a charter city provides for nomination by caucus or by filing a petition or affidavit directly for the May June election, the candidate filing deadline or certification deadline is 4 p.m. on the fifteenth Tuesday before the May June election.
Sec. 345. A primary of all political parties shall must be held in every organized township of this state on the third Tuesday succeeding the first Monday in August preceding June before every general November election, at which time the qualified and registered electors of each political party may vote for party candidates for township offices.
Sec. 349. (1) To obtain the printing of the name of a person an individual as a candidate for nomination by a political party for a township office under the particular party heading upon on the official primary ballots, there must be filed with the township clerk nominating petitions signed by a number of qualified and registered electors residing within the township as determined under section 544f. Nominating petitions must be in the form prescribed in section 544c. The township clerk shall receive nominating petitions up to 4 p.m. of the fifteenth Tuesday before the August June primary.
(2) To obtain the printing of the name of a candidate of a political party under the particular party's heading upon on the primary election ballots in the various voting precincts of the township, there may be filed by the candidate, in lieu the candidate may file, instead of filing nominating petitions, a filing fee of $100.00 to be paid to the township clerk. Payment of the fee and certification of the candidate's name paying the fee are governed by the same provisions as in the case of nominating petitions. The fee must be deposited in the general fund of the township and must be refunded to candidates who are nominated and to an equal number of candidates who receive the next highest number of votes in the primary election. If 2 or more candidates tie in having the lowest number of votes allowing a refund, the sum of $100.00 must be divided among them. The deposits of all other defeated candidates, as well as the deposits of candidates who withdraw or are disqualified, are forfeited and the candidates must be notified of the forfeiture. Deposits forfeited under this section must be paid into and credited to the general fund of the township.
(3) Within 4 days after the last day for filing nominating petitions or a filing fee, the township clerk shall 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.
Sec. 370. (1) Except as provided in section 370a or subsection (2), if a vacancy occurs in an elective or appointive township office, the vacancy shall must be filled by appointment by the township board, and the person individual appointed shall hold the office for the remainder of the unexpired term.
(2) If 1 or more vacancies occur in an elective township office that cause the number of members serving on the township board to be less than the minimum number of board members that is required to constitute a quorum for the transaction of business by the board, the board of county election commissioners shall make temporary appointment of the number of members required to constitute a quorum for the transaction of business by the township board. An official appointed under this subsection shall hold the office only until the official's successor is elected or appointed and qualified. An official who is temporarily appointed under this subsection shall not vote on the appointment of himself or herself to an elective or appointive township office.
(3) If a township official submits a written resignation from an elective township office, for circumstances other than a resignation related to a recall election, that specifies a date and time when the resignation is effective, the township board, within 30 days before that effective date and time, may appoint a person an individual to fill the vacancy at the effective date and time of the resignation. The resigning official shall not vote on the appointment.
(4) Except as provided in subsection (5), if the township board does not make an appointment under subsection (3), or if a vacancy occurs in an elective township office and the vacancy is not filled by the township board or the board of county election commissioners within 45 days after the beginning of the vacancy, the county clerk of the county in which the township is located shall call a special election within 5 calendar days to fill the vacancy. Not later than 4 p.m. on the fifteenth calendar day after the county clerk calls a special election under this section, the township party committee for each political party in the township shall submit a nominee to fill the vacancy. The special election shall must be held on the next regular election date that is not less than 60 days after the deadline for submitting nominees under this section or 70 days after the deadline for submitting nominees under this section if the next regular election date is the even year August June primary or the general November election. Notice of the special election shall must be given in the same manner required by section 653a. A special election called under this section does not affect the rights of a qualified elector to register for any other election. A person elected to fill a vacancy shall serve for the remainder of the unexpired term.
(5) Subsection (4) does not apply to the office of township constable. If a vacancy occurs in the office of township constable, the township board shall determine if and when the vacancy shall must be filled by appointment. If the township board does not fill the vacancy by appointment, the office of township constable shall must remain vacant until the next general or special election in which township offices are filled.
Sec. 409a. A general nonpartisan primary election shall must be held in every appellate court district of this state on the third Tuesday succeeding the first Monday in August preceding June before every general November election in which judges of the court of appeals are to be elected, at which time the qualified and registered electors may vote for nonpartisan candidates for the office of judge of the court of appeals. : Provided, however, That if, If, upon expiration of the time for filing petitions for the primary election of said the judge of the court of appeals in any appellate court district, it shall appear appears that there are not to exceed twice the number of candidates as there are persons individuals to be elected, then the secretary of state shall certify to the county board or boards of election commissioners the names of such the candidates for court of appeals judge whose nominating petitions, filing fee, or affidavit of candidacy have been properly filed, and such those candidates shall be the nominees for judge of the court of appeals and shall be so certified. As to such that office, there shall must not be no a primary election and this office shall must be omitted from the judicial primary ballot.
Sec. 412. A general nonpartisan primary election shall must be held in every county of this state on the third Tuesday succeeding the first Monday in August prior to June before the general election at which judges of the circuit court are elected, at which time the qualified and registered electors may vote for nonpartisan candidates for the office of judge of the circuit court. If, upon the expiration of the time for filing petitions or incumbency affidavits of candidacy for the primary election of said the judge of the circuit court in any judicial circuit, it shall appear appears that there are not to exceed twice the number of candidates as there are persons individuals to be elected, then the secretary of state shall certify to the county board of election commissioners the name of such the candidate for circuit court judge whose petitions or affidavits have been properly filed, and such the candidate shall be the nominee for the judge of the circuit court and shall be so certified. As to such that office, there shall must not be no a primary election and this office shall must be omitted from the judicial primary ballot.
Sec. 432. A general nonpartisan primary election shall must be held in every county of this state on the third Tuesday succeeding the first Monday in August preceding June before every general November election at which judges of probate are to be elected, at which time the qualified and registered electors may vote for nonpartisan candidates for the office of judge of probate. If, upon the expiration of the time for filing petitions or incumbency affidavits of candidacy for the primary election of said the probate judges in any county, it shall appear appears that there are not to exceed twice the number of candidates as there are persons individuals to be elected, then the county clerk shall certify to the county board of election commissioners the name of such the candidate for probate judge whose petitions have been properly filed, and such the candidate shall be the nominee for the judge of probate and shall be so certified. As to such that office, there shall must not be no a primary election and this office shall must be omitted from the judicial primary ballot.
Sec. 433. (1) Except as otherwise provided in this subsection, to obtain the printing of the name of a person an individual as a candidate for nomination for the office of judge of probate upon on the official nonpartisan primary ballots, there must be filed with the county clerk of each county nominating petitions containing the signatures, addresses, and dates of signing of a number of qualified and registered electors residing in the county as determined under section 544f or by the filing of an affidavit according to section 433a. In the case of a probate court district, to obtain the printing of the name of a person an individual as a candidate for nomination for the office of judge of probate upon on the official nonpartisan primary ballots, there must be filed with the secretary of state nominating petitions containing the signatures, addresses, and dates of signing of a number of qualified and registered electors residing in the probate court district as determined under section 544f or by the filing of an affidavit according to section 433a. The county clerk or, in the case of a probate court district, the secretary of state shall receive nominating petitions up to 4 p.m. on the fifteenth Tuesday before the August June primary. The provisions of sections 544a and 544b apply.
(2) Nominating petitions filed under this section are valid only if they clearly indicate for which of the following offices the candidate is filing, consistent with section 435a(2):
(a) An unspecified existing judgeship for which the incumbent judge is seeking election.
(b) An unspecified existing judgeship for which the incumbent judge is not seeking election.
(c) A new judgeship.
(3) A person An individual who files nominating petitions for election to more than 1 probate judgeship has not more than 3 days following the close of filing to withdraw from all but 1 filing.
(4) In a primary and general election for 2 or more judgeships where more than 1 of the categories in subsection (2) could be selected, a candidate shall apply to the bureau of elections for a written statement of office designation to correspond to the judgeship sought by the candidate. The office designation provided by the secretary of state must be included in the heading of all nominating petitions. Nominating petitions containing an improper office designation are invalid.
(5) The secretary of state shall issue an office designation of incumbent position for any judgeship for which the incumbent judge is eligible to seek reelection. If an incumbent judge does not file an affidavit of candidacy by the deadline, the secretary of state shall notify all candidates for that office that a nonincumbent position exists. All nominating petitions circulated for the nonincumbent position after the deadline must bear an office designation of nonincumbent position. All signatures collected before the affidavit of candidacy filing deadline may be filed with the nonincumbent nominating petitions.
(6) If a candidate for nomination for the office of judge of probate receives incorrect or inaccurate written information from the county clerk or, in the case of a probate court district, the secretary of state concerning the number of nominating petition signatures required under section 544f and that incorrect or inaccurate written information is published or distributed by the county clerk or, in the case of a probate court district, the secretary of state, the candidate may bring an action in a court of competent jurisdiction for equitable relief. A court may grant equitable relief to a candidate under this subsection if all of the following occur:
(a) The candidate brings the action for equitable relief within 6 days after the candidate is notified by the county clerk or, in the case of a probate court district, the secretary of state that the candidate's nominating petition contains insufficient signatures.
(b) The candidate files an affidavit certifying that he or she contacted and received from the county clerk or, in the case of a probate court district, the secretary of state incorrect or inaccurate written information concerning the number of nominating petition signatures required under section 544f.
(c) The county clerk or, in the case of a probate court district, the secretary of state published or distributed the incorrect or inaccurate written information concerning the number of nominating petition signatures required under section 544f before the filing deadline under subsection (1).
(d) The county clerk or, in the case of a probate court district, the secretary of state did not inform the candidate at least 14 days before the filing deadline under subsection (1) that incorrect or inaccurate written information concerning the number of nominating petition signatures required under section 544f had been published or distributed.
(7) If a court grants equitable relief to a candidate under subsection (6), the candidate must be given the opportunity to obtain additional nominating petition signatures to meet the requirements under section 544f. The additional nominating petition signatures obtained by a candidate must be filed with the county clerk or, in the case of a probate court district, the secretary of state no later than 4 p.m. on the fifth business day after the date that the court order granting equitable relief is filed.
(8) The nominating petition signatures filed under this section are subject to challenge as provided in section 552.
Sec. 467a. A general nonpartisan primary election must be held in every district and election division of this state on the third Tuesday after the first Monday in August June before the general election at which judges of the district court are elected, at which time the qualified and registered electors may vote for nonpartisan candidates for judge of the district court. If upon the expiration of the time for filing petitions of candidacy for the primary election of the judge of the district court in any district or election division, it appears that there are not to exceed twice the number of candidates as there are persons individuals to be elected, the secretary of state shall certify to the county board of election commissioners the name of those candidates for district court judge whose petitions or affidavits of candidacy have been properly filed and those candidates are the nominees for the judge of the district court and must be so certified. As to that office, there must not be a primary election and this office must be omitted from the judicial primary ballot.
Sec. 534. A general primary of all political parties except as provided in sections 532 and 685 must be held in every election precinct in this state on the third Tuesday after the first Monday in August June before every general November election, at which time the qualified and registered voters of each political party may vote for party candidates for the office of governor, United States Senator, Representative in Congress, state senator, representative in the legislature, county executive, prosecuting attorney, sheriff, county clerk, county treasurer, register of deeds, drain commissioner, public works commissioner, county road commissioner, county mine inspector, surveyor, and candidates for office in townships. A nomination for an office must be made only if the official is to be elected at the next succeeding general November election.
Sec. 535. A general primary shall must be held in every election precinct in this state on the third Tuesday succeeding the first Monday in August preceding June before every general November election, at which time the qualified and registered voters may vote for nonpartisan candidates for the office of judge of the court of appeals, judge of the circuit court, judge of probate, and for circuit court commissioner in the years in which such that those officers are to be elected.
Sec. 551. Until December 31, 2013, the secretary of state and the various county, township, and city clerks shall receive nominating petitions or filing fees filed under this act up to 4 p.m., eastern standard time, of the twelfth Tuesday before the August primary. Beginning January 1, 2014, the The secretary of state and the various county, township, and city clerks shall receive nominating petitions or filing fees filed under this act up to 4 p.m. , eastern standard time, of the fifteenth Tuesday before the August June primary. The provisions of this section do not apply to a city that does not nominate its officers under the provisions of this act.
Sec. 559. It shall be is the duty of the board of election commissioners of each county in this state to prepare and furnish the necessary official primary election ballots, except for city offices, which that may be required for use by the electors of any political party at the August June primary.
Sec. 591. (1) Except as provided in subsection (2) and section 532, the state convention of all political parties for the nomination of candidates for state offices in the even numbered years shall must commence not less than 60 days before the general November election. The date, time, and location of the state convention shall must be designated by the state central committees of the various political parties in their call for a state convention. The calls shall must be issued at least 60 days before the August June primaries.
(2) In 2012 only, the state convention of all political parties for the nomination of candidates for state offices shall commence not less than 58 days before the general November election. The date, time, and location of the state convention shall be designated by the state central committees of the various political parties in their call for a state convention. The calls shall be issued at least 60 days before the August primaries.
Sec. 592. (1) Except as provided in section 532, the county conventions of all political parties for the election of delegates to a state convention for the nomination of state officers in the even numbered years shall must be held not less than 8 days nor more than 25 days after the August June primaries.
(2) All county conventions of a political party shall must be held on the same day throughout the this state. The date shall must be designated by the state central committee of a political party in its call for the state convention. The place and hour of meeting of a county convention shall must be designated in the call issued by the county committee of the political party in the county, which call shall must be issued not less than 45 days before the August June primaries. The number of delegates to the state convention to which that the political party in the county is entitled shall to must be chosen at the county convention.
(3) In all counties having or which that may hereafter have 2 or more congressional districts or parts of congressional districts within the boundaries of the county, the congressional districts or a part of a congressional district within the counties shall must each be considered a county within the provisions of this section for the holding of the county conventions provided for in this section, and shall must be in place of the county convention. The nominee for congress Congress of the congressional district in the preceding primary election, the county chairperson, and the county secretary of the several political parties shall constitute a committee in each congressional district to name the temporary chairperson of the first district convention held under this act. Thereafter, the district chairperson shall act as temporary chairperson. The convention shall must organize the same as county conventions and shall must elect delegates to the state convention. The chairperson and secretary of the convention shall certify to the state central committee the names and addresses of the delegates elected, and, when certified, those delegates shall become the delegates from the district to the state convention.
Sec. 598. (1) The state central committee of each political party shall, at least 60 days before the August June primary, forward by mail to the chairperson of each county committee of the political party a copy of the call for the fall state convention of the political party, showing the number of delegates to which that each county is entitled to in the state convention of the political party. The state central committee shall apportion the delegates to the several counties in proportion to the number of votes cast for the candidate of the party for secretary of state in each county, respectively, at the last preceding November general election.
(2) In addition to the number of delegates allocated to each county under subsection (1), the state central committees shall allocate an additional number of delegates equal to the number of incumbent legislators nominated by their party and residing in the county.
Sec. 611. (1) In the year 1956, and each fourth year after 1956, delegates of each political party who were elected to the last prior fall county convention shall reconvene in a county convention. The county conventions, when so convened, shall must elect delegates to a state convention. The number of delegates elected shall must be the same as the number elected to the last prior spring state convention. The county conventions shall must be held at least 90 days prior to before the time set for the holding of the national convention of its political party. All county conventions shall must be held on the same day and time. The time and place shall must be fixed by the state central committee. A state convention composed of delegates elected by the respective county conventions shall must be held in the year 1956, and each fourth year after 1956, at least 60 days before the holding of the national convention of its political party.
(2) As used in this section:
(a) "Delegates of each political party who were elected to the last prior fall county convention" means precinct delegates elected at the last prior August primary election, persons nominated as candidates for county offices and state legislative offices who are delegates at large to county conventions under section 599(5), and delegates elected under section 622 or 624d to fill a precinct delegate vacancy for the balance of an unexpired term.
(b) "Persons nominated as candidates for county offices and state legislative offices who are delegates at large to county conventions under section 599(5)" means incumbent county officials, incumbent state legislators, and unsuccessful candidates for county offices and state legislative offices who are candidates at the last prior regular or special election held for the respective office.
(3) Delegates to a state convention shall include only those delegates elected at a county convention.
Sec. 623a. (1) On or before April February 1 in even numbered years, the chairperson of the county committee or district committee of a congressional district or a part of a congressional district considered a county under section 592 of each political party shall forward by mail or otherwise deliver to the board of election commissioners in that county a certificate showing the number of delegates to the county convention to which each precinct of the county is entitled. The chairperson of the state central committee of a political party shall notify the chairperson of the county committee or district committee of a congressional district or a part of a congressional district considered a county under section 592 of that political party no later than March January 1 in even numbered years that the certificate required by this subsection is to be delivered to the board of election commissioners on or before April February 1 of that year.
(2) If the chairperson fails to forward the certificate required by subsection (1) by the day specified, the board of election commissioners shall immediately determine the number of delegates to the county convention that each precinct should elect for the implementation of implementing this act.
(3) The allotment of delegates to all precincts in the this state shall must be made to insure, ensure, as near as is practicable, equal apportionment based upon the total vote cast for the candidate of each political party for either president President of the United States or secretary of state at the last general November election when elections for those offices were held, whichever is later. However, each precinct shall must have at least 1 delegate.
(4) The apportionment shall must be based on the precincts as they exist 180 days before the August June primary election in even numbered years.
(5) As many delegates in each precinct as a political party is entitled to according to the certificate authorized by the chairperson of the county committee or the board of election commissioners shall must be elected at the August June primary in even numbered years by direct vote of the registered electors of each political party in the county.
Sec. 641. (1) Except as otherwise provided in this section, an election held under this act shall must be held on 1 of the following regular election dates:
(a) The May regular election date, which is the first Tuesday after the first Monday in May.
(a) (b) The August June regular election date, which is the first third Tuesday after the first Monday in August.June.
(b) (c) The November regular election date, which is the first Tuesday after the first Monday in November.
(c) (d) In each presidential election year when a statewide presidential primary election is held, the date of the statewide presidential primary election as provided in section 613a.
(2) If an elective office is listed by name in section 643, requiring the election for that office to be held at the general election, and if candidates for the office are nominated at a primary election, the primary election shall must be held on the August June regular election date.
(3) Except as otherwise provided in this subsection and subsection (4), a special election shall must be held on a regular election date. A special election called by the governor under section 145, 178, 632, 633, or 634 to fill a vacancy or called by the legislature to submit a proposed constitutional amendment as authorized in section 1 of article XII of the state constitution of 1963 may, but is not required to be, held on a regular election date.
(4) A school district may call a special election to submit a ballot question to borrow money, increase a millage, or establish a bond if an initiative petition is filed with the county clerk. The petition shall must be signed by a number of qualified and registered electors of the district equal to not less than 10% of the electors voting in the last gubernatorial election in that district or 3,000 signatures, whichever number is lesser. Section 488 applies to a petition to call a special election for a school district under this section. In addition to the requirements set forth in section 488, the proposed date of the special election shall must appear beneath the petition heading, and the petition shall must clearly state the amount of the millage increase or the amount of the loan or bond sought and the purpose for the millage increase or the purpose for the loan or bond. The petition shall must be filed with the county clerk by 4 p.m. of the twelfth Tuesday before the proposed date of the special election. The petition signatures shall must be obtained within 60 days before the filing of the petition. Any signatures obtained more than 60 days before the filing of the petition are not valid. If the special election called by the school district is not scheduled to be held on a regular election date as provided in subsection (1), the special election shall must be held on a Tuesday. A special election called by a school district under this subsection shall must not be held within 30 days before or 35 days after a regular election date as provided in subsection (1). A school district may only call 1 special election pursuant to under this subsection in each calendar year.
(5) The secretary of state shall direct and supervise the consolidation of all elections held under this act.
(6) This section shall be known and may be cited as the "Hammerstrom election consolidation law".
Sec. 642. (1) Except as otherwise provided in this section and section 642a, beginning on September 1, 2004, a city shall hold its regular election or regular primary election as follows:
(a) A city shall hold its regular election for a city office at the odd year general election.
(b) A city shall hold its regular election primary at the odd year primary election.
(c) A city that holds its regular election for a city office annually or in the even year on the November regular election date shall continue holding elections on that schedule.
(d) A city that holds its regular election primary for a city office annually or in the even year on the August regular primary election date shall continue holding primary elections on that schedule.
(2) If, on September 1, 2004, a city holds its regular election at other than a regular November election date, the city council may choose to hold the regular election on the May regular election date by adopting a resolution in compliance with this section. Except as provided in section 642a, if a city council adopts the resolution in compliance with this section to hold its regular election on the May regular election date, after December 31, 2004, the city's regular election is on the May regular election date. If a city's regular election is held on the May regular election date, the city shall not hold a regular primary election.
(3) If, on September 1, 2004, a city holds its regular election annually or in the even year on the November regular election date, the city council may choose to hold the regular election at the odd year general election by adopting a resolution in compliance with this section. Except as provided in section 642a, if a city council adopts the resolution in compliance with this section to hold its regular election at the odd year general election, after December 31, 2004, the city's regular election is at the odd year election. If a city's regular election is held at the odd year general election, the city's regular election primary shall must be held at the odd year primary election.
(4) If, on September 1, 2004, a city holds its regular election annually on the November regular election date, the city council may choose to hold the regular election at the even year general election by adopting a resolution in compliance with this section. Except as provided in section 642a, if a city council adopts the resolution in compliance with this section to hold its regular election at the even year general election, after December 31, 2004, the city's regular election is at the even year election. If a city's regular election is held at the even year general election, the city's regular election primary shall must be held at the even year primary election.
(5) A village shall hold its regular election as follows:
(a) A village shall hold its regular election for a village office at the general election and the appropriate township clerk shall conduct the election.
(b) A village shall not hold a regular primary election.
(6) If a village's special election is held in conjunction with another election conducted by a township, the village shall pay the township a proportionate share of the election expenses. If a village's special election is not held in conjunction with another election conducted by a township, the village shall pay the township 100% of the actual costs of conducting the village's special election.
(7) A resolution permitted under this section or section 642a is valid only if a city council adopts the resolution in compliance with all of the following:
(a) The resolution is adopted before 1 of the following:
(i) If the resolution is permitted under subsection (2), (3), or (4), January 1, 2005.
(ii) If the resolution is permitted under section 642a(1), (2), or (4), 642a(2) or (4), January 1 of the year in which the change in the date of the election takes effect.
(b) Before adopting the resolution, the council holds at least 1 public hearing on the resolution. The public hearing may be held on the same day and immediately before considering the adoption of the resolution.
(c) The council gives notice of each public hearing on the resolution in a manner designed to reach the largest number of the jurisdiction's qualified electors in a timely fashion.
(d) The council votes on the resolution and, on a record roll call vote, a majority of the council's board members, elected or appointed, and serving, adopt the resolution.
(e) The council files the resolution with the secretary of state.
Sec. 642a. (1) After December 31, 2004, 2022, a city council that adopted a resolution so that its regular election is held on the May regular election date may change its regular election to the odd year general election by adopting a resolution in compliance with section 642. If a city council adopts the resolution in compliance with section 642 to hold its regular election at the odd year general election, after December 31 of the year in which the resolution is adopted, the city's regular election is at the odd year general election.shall hold its regular election on the June regular election date.
(2) After December 31, 2004, a city council that holds its regular election for city offices annually or in the even year on the November regular election date may change its regular election schedule to the odd year general election and the odd year primary election by adopting a resolution in compliance with section 642. If a city council adopts the resolution in compliance with section 642, the city's regular election is at the odd year general election and its primary is at the odd year primary election.
(3) After December 31, 2010, a city that adopted a resolution so that its regular election primary is held at the September election shall hold its regular election primary at the odd year primary election.
(4) After December 31, 2011, a city that holds its regular election for city offices annually or in the odd year on the November regular election date may change its regular election schedule to the even year general election and the even year primary election by adopting a resolution in compliance with section 642. If a city council adopts the resolution in compliance with section 642, after December 31 of the year in which the resolution is adopted, the city's regular election is at the even year general election and its primary is at the even year primary election.
(5) After December 31, 2012, a village that adopted a resolution so that its regular election is held at the September election shall hold its regular election at the general November election.
(6) After December 31, 2022, a city that holds its regular election primary for a city office annually or in the even year on the August regular primary election date shall hold its regular election primary on the June regular primary election date.
Sec. 686a. (1) If a political party entitled to a position on the ballot failed to have at least 1 candidate who polled at least 5% of the total vote cast for all candidates for secretary of state at the last preceding election at which a secretary of state was elected, candidates for that political party shall be nominated as provided in section 532. County caucuses and state conventions for such these political parties shall must be held not later than the August June primary.
(2) County caucuses may nominate candidates for the office of representative Representative in congress, Congress, state senator, and state representative if the offices represent districts contained wholly within the county, and for all county and township offices. Not more than 1 business day after the conclusion of the caucus, the names and mailing addresses of all candidates so nominated and the offices for which they were nominated shall must be certified by the chairperson and secretary of the caucus to the county clerk. The certification shall must be accompanied by an affidavit of identity for each candidate named in the certificate as provided in section 558 and a separate written certificate of acceptance of nomination signed by each candidate named on the certificate. The form of the certificate of acceptance shall must be prescribed by the secretary of state. If a candidate is so certified with the accompanying affidavit of identity and certificate of acceptance, the name of the candidate shall must be printed on the ballot for that election. Candidates nominated and certified shall are not be permitted to withdraw.
(3) The county caucus may also select the number of delegates to the state convention to which the county is entitled and shall select its own officers and name its own county committee.
(4) The state convention shall must be held at the time and place indicated in the call. The convention shall must consist of delegates selected by the county caucuses. The convention may fill vacancies in a delegation from qualified electors of that county present at the convention. The convention may nominate candidates for all state offices. District candidates may be nominated at district caucuses held in conjunction with the state convention attended by qualified delegates of the district. If delegates of a district are not present, a district caucus shall must not be held for that district and candidates shall must not be nominated for that district. Not more than 1 business day after the conclusion of the convention, the names and mailing addresses of the candidates nominated for state or district offices shall must be certified by the chairperson and secretary of the state convention to the secretary of state. The certification shall must be accompanied by an affidavit of identity for each candidate named in the certificate as provided in section 558 and a separate written certificate of acceptance of nomination signed by each candidate named on the certificate. The form of the certificate of acceptance shall must be prescribed by the secretary of state. The names of candidates so certified with accompanying affidavit of identity and certificate of acceptance shall must be printed on the ballot for the forthcoming election. Candidates so nominated and certified shall are not be permitted to withdraw.
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 an individual unless that person individual 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 individuals 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 individuals who filed a declaration of intent from another filing official under this subsection shall prepare and have delivered a list of all persons individuals 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 county clerk 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 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 individuals who have filed a declaration of intent to be a write-in candidate to the city and township clerks for the appropriate precincts before election day. A city or township clerk shall deliver a list of all persons individuals 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 June primary for this purpose. The declaration of intent to be a write-in candidate form must include all of the following information:
(a) The name of the person individual intending to be a write-in candidate.
(b) The elective office that the person individual seeks as a write-in candidate.
(c) The residence address of the person individual seeking elective office as a write-in candidate.
(d) Other information the secretary of state considers appropriate.
Sec. 821. (1) Except as provided in subsection (2), the The board of county canvassers shall meet at the office of the county clerk no later than 9 a.m. on the Thursday after any election held in the county. The county clerk or the county clerk's staff shall determine the meeting date and time for the board of county canvassers.
(2) If, at an election held on the May regular election date, a ballot question appears on the ballot concerning an authorized millage that is subject to a millage reduction as provided in section 34d of the general property tax act, 1893 PA 206, MCL 211.34d, the board of county canvassers shall meet to canvass and certify the results of the vote on that proposition after May 31 and before June 15 following the election.
Sec. 963. (1) Within 35 days after the filing of the recall petition, the filing official with whom the recall petition is filed shall make an official declaration of the sufficiency or insufficiency of the recall petition. If the recall petition is determined to be insufficient, the filing official shall notify the person or organization sponsoring the recall of the insufficiency of the recall petition. It is not necessary to give notification unless the person or organization sponsoring the recall files with the filing official a written notice of sponsorship and a mailing address.
(2) If a recall petition is filed under section 960, immediately upon determining that the recall petition is sufficient, but not later than 35 days after the date of filing of the recall petition, the county clerk with whom the recall petition is filed shall call the recall election and proceed under sections 971c to 975. The recall election shall must be held not less than 95 days after the date the recall petition is filed and shall must be held on the next May June regular election date or the next November regular election date, whichever occurs first.
(3) Except as otherwise provided in subsection (4), if a recall petition is filed under section 959, the filing official with whom the recall petition is filed shall call the recall primary election and proceed under sections 970b to 970g. The recall primary election shall must be held on the next regular election date that is not less than 95 days after the date the recall petition is filed.
(4) If a recall petition is filed under section 959 demanding the recall of the governor, the filing official with whom the recall petition is filed shall call a special recall election and proceed under sections 975c to 975g. The special recall election shall must be held not less than 95 days after the date the recall petition is filed and shall must be held on the next May June regular election date or the next August November regular election date, whichever occurs first.
Sec. 970e. Subject to section 970b, the candidate of each political party receiving the greatest number of votes cast for candidates at the recall primary election as set forth in the report of the board of state canvassers, based on the returns from the various election precincts, shall be declared the nominee of that political party at the recall general election to be held on the next May June regular election date or the next August November regular election date, whichever occurs first. In addition, except as otherwise provided in this section, a candidate without a political party affiliation may qualify for the recall general election by filing a qualifying petition with the officer with whom the recall petitions were filed that contains 10% of the number of signatures required under section 544f within 10 days after the recall general election is scheduled. An individual who was an unsuccessful candidate in the recall primary election may not subsequently file a qualifying petition as a candidate without a political party affiliation for the recall general election.
Enacting section 1. This amendatory act takes effect January 1, 2023.
