Bill Text: MI SB0023 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Elections; judicial; incorrect nominating petition signature information provided to a candidate for the office of judge of probate; provide equitable relief under certain circumstances. Amends sec. 433 of 1954 PA 116 (MCL 168.433).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2009-12-31 - Assigned Pa 0208'09 With Immediate Effect [SB0023 Detail]
Download: Michigan-2009-SB0023-Engrossed.html
SB-0023, As Passed Senate, March 5, 2009
SUBSTITUTE FOR
SENATE BILL NO. 23
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 433 (MCL 168.433), as amended by 1999 PA 218.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
433. (1) To Except as
otherwise provided in this
subsection, to obtain the printing of the name of a person as a
candidate for nomination for the office of judge of probate upon
the official nonpartisan primary ballots, there shall 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 as a candidate for
nomination for the office of judge of probate 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 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 fourteenth Tuesday
preceding
before the August 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 who files nominating petitions for election to
more than 1 probate 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
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 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 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 pursuant to this
section are subject to challenge as provided in section 552.
