Bill Text: MI SB0298 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Elections: other; election of members to the Michigan public service commission; provide for. Amends sec. 699 of 1954 PA 116 (MCL 168.699) & adds ch. VIA. TIE BAR WITH: SB 0297'23
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced) 2023-04-26 - Referred To Committee On Government Operations [SB0298 Detail]
Download: Michigan-2023-SB0298-Introduced.html
SENATE BILL NO. 298
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 699 (MCL 168.699), as amended by 2012 PA 523, and by adding chapter VIA.
the people of the state of michigan enact:
CHAPTER VIA
MICHIGAN PUBLIC SERVICE COMMISSION
Sec. 87. An individual is not eligible to be a member of the Michigan public service commission unless the individual meets all of the following requirements as provided under section 1 of 1939 PA 3, MCL 460.1, by the filing deadline:
(a) Is a citizen of the United States.
(b) Is a resident of this state.
(c) Is not pecuniarily interested in any public utility or person subject to the jurisdiction and control of the Michigan public service commission.
Sec. 87a. To obtain the printing of the name of an individual as a candidate for member of the Michigan public service commission on the nonpartisan general November election ballot, there must be filed with the secretary of state nominating petitions signed by a number of qualified and registered electors residing in this state as determined under section 544f. Nominating petitions must be signed by at least 100 registered resident electors in each of at least 1/2 of the congressional districts in this state. Nominating petitions must be in the form prescribed in section 544a. The secretary of state shall receive nominating petitions up to 4 p.m. of the fifteenth Tuesday before the general November election date.
Sec. 87b. The nominating petition signatures filed under section 87a are subject to challenge as provided in section 552.
Sec. 87c. After a nominating petition is filed by or on behalf of a candidate for member of the Michigan public service commission, that candidate is not permitted to withdraw unless written notice of withdrawal is served on the secretary of state, or the secretary of state's authorized agent, not later than 4 p.m. of the third day after the last day for filing nominating petitions.
Sec. 87d. (1) At the 2024 general November election, 3 members of the Michigan public service commission shall be elected with 1 member being elected for a 6-year term of office, 1 member being elected for a 4-year term of office, and 1 member being elected for a 2-year term of office.
(2) At the 2026 general November election and at every general November election thereafter, 1 member of the Michigan public service commission shall be elected for a 6-year term of office.
Sec. 87e. The board of state canvassers shall determine which candidate for member of the Michigan public service commission has received the greatest number of votes and shall declare that candidate to be duly elected. The board of state canvassers shall make and subscribe on its statement of returns a certificate of the determination and deliver the certificate to the secretary of state.
Sec. 87f. The secretary of state shall file and preserve the original statement and determination of the board of state canvassers of the result of the election and shall execute and cause to be delivered to the individual declared elected to be a member of the Michigan public service commission a certificate of election, certified by the secretary of state under the great seal of this state.
Sec. 87g. The term of office of a member of the Michigan public service commission begins on January 1 next following the election and continues until a successor is elected and qualified.
Sec. 87h. An individual elected as a member of the Michigan public service commission, before entering the duties of the office, must take and subscribe to the oath as provided in section 1 of article XI of the state constitution of 1963 and deposit the oath with the secretary of state.
Sec. 87i. An individual elected as a member of the Michigan public service commission who desires to resign must file a written notice containing the effective date of the resignation with the governor and a copy with the secretary of state.
Sec. 87j. The office of member of the Michigan public service commission becomes vacant on the happening of any of the following events:
(a) Death of the member.
(b) The member's resignation.
(c) The member's removal from office for cause.
(d) The member's ceasing to be a resident of this state.
(e) The member's conviction of an infamous crime or an offense involving the violation of the member's oath of office.
(f) The decision of a competent tribunal declaring the member's election or appointment void.
(g) The member's refusal or neglect to take and subscribe to the constitutional oath of office and deposit the oath of office in the manner and within the time prescribed by law.
(h) The member serves as an officer or committee member of any political party organization.
(i) The member holds any other office in this state.
(j) The member is employed by any other commission, board, department, or institution in this state.
(k) The member is retained or employed by any public utility or person subject to the jurisdiction and control of the Michigan public service commission.
(l) If a member of the State Bar of Michigan, the member practices law or acts as counselor or attorney in any court in this state.
Sec. 87k. An individual elected as a member of the Michigan public service commission may be removed from office by the governor as provided in section 2 of 1939 PA 3, MCL 460.2.
Sec. 87l. (1) If a vacancy occurs in the elective office of member of the Michigan public service commission, a qualified individual must be appointed by the governor, with the advice and consent of the senate, to fill the vacancy.
(2) An individual appointed to fill a vacancy as provided in subsection (1) shall take and subscribe to the oath as provided in section 1 of article XI of the state constitution of 1963 and, except as otherwise provided in this subsection, hold office for the remainder of the unexpired term and until a successor is elected and qualified. If the vacancy occurs more than 7 days before the nominating petition filing deadline as provided in section 87a for the general November election that is not the general November election at which a successor in office would be elected if there were no vacancy, the individual appointed shall hold office only until a successor is elected at the next general November election in the manner as provided by law and qualifies for office. The successor shall hold the office for the remainder of the unexpired term and until a successor is elected and qualified.
Sec. 87m. The votes cast for any candidate for member of the Michigan public service commission at any election are subject to recount as provided in chapter XXXIII.
Sec. 87n. An individual elected as a member of the Michigan public service commission is subject to recall as provided in chapter XXXVI.
Sec. 699. At any regular election, the names of the several nonpartisan offices to be voted for shall must be placed on a separate portion of the ballot containing no party designation in the following order: members of the Michigan public service commission, justices of the supreme court, judges of the court of appeals, judges of the circuit court, judges of the probate court, judges of the district court, community college board of trustees member, intermediate school district board member, city officers, the following village officers in substantially the following order in the year in which elections for the offices are held: president, clerk, treasurer, and trustees, and in a year in which an election for the office is held, local school district board member, metropolitan district officer, and district library board member.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 297 of the 102nd Legislature is enacted into law.
