February 8, 2018, Introduced by Reps. Moss, Faris, Gay-Dagnogo, Lasinski, Durhal, Elder, Geiss, Pagan, Glenn, Zemke, Hammoud, Sowerby, Guerra, Wittenberg, Ellison, Sabo, Brinks and Greig and referred to the Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 178, 632, 633, and 634 (MCL 168.178, 168.632,
168.633, and 168.634), section 178 as amended by 1980 PA 261 and
section 634 as amended by 1996 PA 583.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
178. The governor may shall
call a special election as
provided in section 634 in any senatorial or representative
district
of the this state when if the right of office of a
person
elected
state senator or representative shall cease ceases before
the commencement of the term of service for which the state senator
or
representative was elected, or whenever if a vacancy occurs in
the office of state senator or representative after the term of
service has begun for which the state senator or representative was
elected.
Sec. 632. The governor shall call a special election in any
congressional
district of the this state in which there has been no
choice
for a representative Representative
in congress Congress at
the
general November election. , or he shall direct that in such
case
the office shall be filled at the next general election.The
special election must be held no later than on the next regular
election date that is more than 60 days after the general November
election in which there was no choice for a Representative in
Congress.
Sec. 633. The governor shall call a special election in any
congressional
district of the this state when if the right of
office
of a person elected representative Representative in
congress
shall cease Congress ceases before the commencement of the
term
of service for which he shall have or she has been elected, or
whenever
if a vacancy shall occur occurs in
the office of
representative
Representative in congress Congress after the term
of
service has begun for which such representative the
Representative
in Congress was elected. ;
or the governor shall
direct
that such vacancy shall be filled at the next general
election
to be held at least 30 days after such vacancy shall
occur.The special election must be held no later
than on the next
regular election date that is more than 60 days after the date the
right of office ceases or the vacancy occurs.
Sec. 634. (1) Except as otherwise provided in this section,
when
if a vacancy occurs in the office of senator or
representative
in
the state legislature, the governor may shall call a special
election
in that senatorial or representative district. or direct
that
the vacancy be filled at the next general election.The special
election must be held no later than on the next regular election
date that is more than 60 days after the date the vacancy occurs.
(2) If the vacancy occurs after the primary election and
before the following general election the governor may direct that
the vacancy be filled at that election. If the governor directs
that the vacancy be filled at the following general election, the
executive committee of the county committee of each political
party, if the county comprises 1 or more representative districts,
or, if the district is comprised of more than 1 county, then the
executive committee of the county committee of the respective
political parties of each county in the district, may select, by a
majority vote, a candidate for that office, and shall certify the
name of the candidate to the county board of election commissioners
of the county or counties comprising that representative district
within 21 days after the vacancy occurs and at least 10 days before
the general election. Upon certification, the candidate certified
shall
be is the nominee of that party at that general election
to
fill the vacancy for the unexpired term with the same force and
effect as if the person was nominated at a primary election as
otherwise provided in this act. If the ballots for that election
have already been printed before the certification, then the board
of election commissioners shall cause the names of the candidates
to
be printed on a separate ballot, which ballot shall must be
counted, canvassed, and returned as other ballots cast at that
election.
(3)
If the governor directs that the vacancy be filled at the
next
general election, the secretary of state shall give notice of
that
decision similar to the notice provided for in section 651.