Bill Text: MI SB0022 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Elections; judicial; incorrect nominating petition signature information provided to a candidate for the office of judge of the district court; provide equitable relief under certain circumstances. Amends sec. 467b of 1954 PA 116 (MCL 168.467b).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2009-12-31 - Assigned Pa 0207'09 With Immediate Effect [SB0022 Detail]
Download: Michigan-2009-SB0022-Engrossed.html
SB-0022, As Passed Senate, March 4, 2009
SUBSTITUTE FOR
SENATE BILL NO. 22
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 467b (MCL 168.467b), as amended by 1999 PA 218.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 467b. (1) To obtain the printing of the name of a person
as a candidate for nomination for the office of judge of the
district court upon the official nonpartisan primary ballots, there
shall 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
judicial district or division as determined under section 544f. An
incumbent district court judge may also become a candidate by the
filing of an affidavit in lieu of petitions according to section
467c. The secretary of state shall receive nominating petitions up
to
4 p.m. on the fourteenth Tuesday preceding before the
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 467c(4):
(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 who files nominating petitions for election to
more than 1 district judgeship shall have 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 shall 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 subsequent to after the deadline
shall bear an office designation of nonincumbent position. All
signatures
collected prior to 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
the district court receives incorrect or inaccurate written
information from the secretary of state or the bureau of elections
concerning the number of nominating petition signatures required
under section 544f and that incorrect or inaccurate written
information is published or distributed by the secretary of state
or the bureau of elections, 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 secretary of
state or the bureau of elections 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 secretary of state or the bureau of
elections incorrect or inaccurate written information concerning
the number of nominating petition signatures required under section
544f.
(c) The secretary of state or the bureau of elections
published or distributed the incorrect or inaccurate written
information concerning the number of nominating petition signatures
Senate Bill No. 22 as amended March 4, 2009
required under section 544f before the filing deadline under
subsection (1).
(d) The secretary of state or bureau of elections 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 shall 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 shall be filed with 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 pursuant to this
section are subject to challenge as provided in section 552.>>
