Bill Text: MI SB0024 | 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 municipal court of record; provide equitable relief under certain circumstances. Amends sec. 426d of 1954 PA 116 (MCL 168.426d).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Enrolled - Dead) 2009-12-31 - Pocket Veto 01/05/2010 2009 Addenda [SB0024 Detail]
Download: Michigan-2009-SB0024-Engrossed.html
SB-0024, As Passed Senate, March 4, 2009
SUBSTITUTE FOR
SENATE BILL NO. 24
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 426d (MCL 168.426d), as amended by 1999 PA 218.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 426d. (1) To obtain the printing of the name of a person
on the ballot as a candidate for the office of judge of the
municipal court of record, there shall be filed with the city clerk
nominating petitions containing the signatures, addresses, and
dates of signing of a number of qualified and registered electors
residing in that city as determined under section 544f. The city
clerk shall receive nominating petitions up to 4 p.m. of the
fourteenth
Tuesday preceding before the August primary. The
provisions of sections 544a and 544b apply.
(2) An incumbent judge of the municipal court of record may
become a candidate in the primary election for the office of which
the judge is the incumbent by filing, with the city clerk, an
affidavit of candidacy not less than 134 days before the date of
the primary election. The affidavit of candidacy shall contain
statements that the affiant is an incumbent judge of the municipal
court of record, is domiciled within the city, will not attain the
age of 70 by the date of election, and is a candidate for election
to the office of judge of the municipal court of record.
(3) 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 426k(3):
(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.
(4) A person who files nominating petitions for election to
more than 1 municipal court of record judgeship shall have not more
than 3 days following the close of filing to withdraw from all but
1 filing.
(5) In a primary and general election for 2 or more judgeships
where more than 1 of the categories in subsection (3) 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.
(6) 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.
(7) If a candidate for nomination for the office of judge of
the municipal court of record receives incorrect or inaccurate
written information from the city clerk concerning the number of
nominating petition signatures required under section 544f and that
incorrect or inaccurate written information is published or
distributed by the city clerk, 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 city clerk
that the candidate's nominating petition contains insufficient
signatures.
(b) The candidate files an affidavit certifying that he or she
Senate Bill No. 24 as amended March 4, 2009
contacted and received from the city clerk incorrect or inaccurate
written information concerning the number of nominating petition
signatures required under section 544f.
(c) The city clerk 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 city clerk 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.
(8) If a court grants equitable relief to a candidate under
subsection (7), 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 city
clerk no later than 4 p.m. on the fifth business day after the date
that the court order granting equitable relief is filed. <<
(9) The nominating petition signatures filed pursuant to this
section are subject to challenge as provided in section 552.>>
