Bill Text: MI SB0023 | 2009-2010 | 95th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 House, December 17, 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.

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