SB 1012

SENATE BILL NO. 1012
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 32, 72, 73, 74, 281, 283, 284,
285, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 534, 590a, 590b, 643,
697, and 828 (MCL 168.32, 168.72, 168.73, 168.74, 168.281, 168.283, 168.284,
168.285, 168.287, 168.288, 168.289, 168.290, 168.291, 168.292, 168.293,
168.294, 168.295, 168.296, 168.534, 168.590a, 168.590b, 168.643, 168.697, and
168.828), section 32 as amended by 2014 PA 79, section 73 as amended by 2004 PA
92, sections 74 and 284 as amended by 1999 PA 216, section 281 as amended by
2018 PA 120, section 283 as amended by 2017 PA 113, section 534 as amended by
2018 PA 224, section 590a as added by 1988 PA 116, section 590b as amended by
1990 PA 329, section 643 as amended by 2018 PA 225, section 697 as amended by
2018 PA 226, and section 828 as amended by 2024 PA 74, and by adding sections
72a, 73a, 74a, 74b, 74c, 74d, 74e, and 74f; and to repeal acts and parts of
acts.
the people of the state of michigan enact:
Sec. 32. (1) In the office of the secretary of state, the
bureau of elections created by former 1951 PA 65 continues under the
supervision of a director of elections, to be appointed by the secretary of
state under civil service regulations. The director of elections shall be is vested
with the powers and shall perform the duties of the secretary of state under his or her the secretary
of state's supervision, with respect to the supervision and
administration of the election laws. The director of elections shall be is a
nonmember secretary of the state board of state canvassers.
(2) The director of
elections, with the approval of the state board
of state canvassers, shall prepare a statement
for designation on the ballot in not more than 100 words, exclusive of caption,
of the purpose of any proposed amendment or question to be submitted to the
electors as required under section 9 of article II of
the state constitution of 1963, section 34 of article IV of the state constitution of 1963 if the legislature
does not provide for the content of the question to be submitted to the
electors, or section 1 or 2 of article XII of the state constitution of
1963 if the legislature does not provide for the
content of the question to be submitted to the electors, or section 2 of
article XII of the state constitution of 1963. The statement shall must consist
of a true and impartial statement of the purpose of the amendment or question
in such language as shall create no prejudice for or against the proposed
amendment or question. The powers and duties of the state board of state canvassers
and the secretary of state with respect to the preparation of the statement are
transferred to the director of elections. The secretary of state shall certify
the statement of the purpose of any proposed amendment or question to be
submitted to the electors not later than 60 days before the date of the
election.
Sec. 72. At Before January 1, 2027, at its fall state convention,
each political party may nominate a candidate for each of the offices of
lieutenant governor, secretary of state, and
attorney general. Beginning January 1, 2027, at its
fall state convention, each political party may nominate a candidate for the
office of lieutenant governor.
Sec. 72a.
Beginning January 1, 2027, a general primary election must be held in every
election precinct in this state on the Tuesday after the first Monday in August
before every general November election in which a secretary of state and an
attorney general are to be elected. Beginning January 1, 2027, at the general
primary election, the qualified and registered electors of each political party
may vote for party candidates for the offices of secretary of state and
attorney general. This section does not apply to political parties required to
nominate candidates at caucuses or conventions as provided in section 532.
Sec. 73. Not Before January 1, 2027, not more than 24 hours after
the conclusion of the fall state convention, the state central committee of
each political party shall canvass the proceedings of the convention and
determine the nominees of the convention for the offices of lieutenant governor,
secretary of state, and attorney general. Beginning
January 1, 2027, not more than 24 hours after the conclusion of the fall state
convention, the state central committee of each political party shall canvass
the proceedings of the convention and determine the nominee of the convention
for the office of lieutenant governor. Not more than 1 business day
after the conclusion of the convention, the chairperson and secretary of the
state central committee shall forward to the secretary of state a typewritten
or printed list of document
with the name or names and residence,
including the street address if known, of the
candidate or candidates nominated at the state convention. The secretary
of state shall forward a copy of a list the document received under this section to the board
of election commissioners of each county, in care of the county clerk at the
county seat.
Sec. 73a.
Beginning January 1, 2027, to obtain the printing of the name of an individual
as a candidate for nomination by a political party for the office of secretary
of state or attorney general under a particular political party heading on the
official primary ballots, 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 of this state. Nominating petitions must be
in the form prescribed in section 544c. Beginning January 1, 2027, nominating
petitions must be received by the secretary of state for filing in accordance
with this act up to 4 p.m. of the fifteenth Tuesday before the August primary
election.
Sec. 74. A person Before January 1, 2027, an individual who has been
certified by the state central committee of any political
party as nominated for the office of lieutenant governor, secretary of
state, or attorney general may withdraw by filing a written notice of
withdrawal with the secretary of state or his or
her the secretary of state's authorized
agent and a copy with the chairperson and the secretary of the state central
committee of the political party not later than
4 p.m. , eastern
standard time, of the fourth business day following the conclusion of
the convention at which the person individual was nominated.
Beginning January 1, 2027, an individual who has been certified by the state
central committee of any political party as nominated for the office of
lieutenant governor may withdraw by filing a written notice of withdrawal with
the secretary of state or the secretary of state's authorized agent and a copy
with the chairperson and the secretary of the state central committee of the
political party not later than 4 p.m. of the fourth business day following the
conclusion of the convention at which the individual was nominated.
Sec. 74a.
Beginning January 1, 2027, after the filing of a nominating petition by or on
behalf of a proposed candidate for secretary of state or attorney general, the
candidate is not permitted to withdraw unless a written notice of withdrawal is
served on the secretary of state not later than 4 p.m. of the third day after
the last day for filing nominating petitions.
Sec. 74b.
Beginning January 1, 2027, if for any reason there is no candidate of a
political party for the office of attorney general or secretary of state, a
blank space must be provided on each of the official primary ballots that
affords every elector of the political party an opportunity to vote for a
candidate for the office of secretary of state or attorney general by writing
in the name of the elector's selection.
Sec. 74c.
Beginning January 1, 2027, if a candidate for a political party for the office
of secretary of state or attorney general, after having qualified as a
candidate, dies after the time specified for filing nominating petitions under
section 73a, leaving the political party without a candidate for the office of
secretary of state or attorney general, a candidate to fill the vacancy may be
selected by the state central committee of the political party, and the name of
the candidate selected must be transmitted to the county officers who are
required by law to print and distribute the primary ballots. Beginning January
1, 2027, the name of the candidate must be printed on the primary ballots, but
if the primary ballots have been printed, the county officers shall have the
primary ballots reprinted with the candidate's name on the primary ballots and
the reprinted primary ballots must be distributed to the various voting
precincts in the county officers' respective counties.
Sec. 74d.
Beginning January 1, 2027, the candidate of each political party for the office
of secretary of state receiving the greatest number of votes cast for the
office of secretary of state, as provided in the report of the board of state
canvassers based on the returns from the various boards of county canvassers,
or as determined by the board of state canvassers as the result of a recount,
must be declared the nominee of that political party for the office of
secretary of state at the next general November election. The board of state
canvassers shall immediately certify the nominations to the secretary of state.
Sec. 74e.
Beginning January 1, 2027, the candidate of each political party for the office
of attorney general receiving the greatest number of votes cast for the office
of attorney general, as provided in the report of the board of state canvassers
based on the returns from the various boards of county canvassers, or as
determined by the board of state canvassers as the result of a recount, must be
declared the nominee of that political party for the office of attorney general
at the next general November election. The board of state canvassers shall
immediately certify the nominations to the secretary of state.
Sec. 74f.
Beginning January 1, 2027, if a candidate of a political party for the office
of secretary of state or attorney general files a nominating petition for that
office and has been nominated for the office of secretary of state or attorney
general by the political party, the candidate is not permitted to withdraw
unless the candidate moves from this state or becomes physically unfit. This
section does not prohibit the withdrawal of a candidate who was nominated
without having filed a nominating petition and whose name has been written or
placed on the ballot of a political party.
Sec. 281. A person An individual is not eligible to membership on the
state board of education , the board of regents of the University of Michigan, the
board of trustees of Michigan State University, or the board of governors of
Wayne State University if the person individual is not a registered and qualified elector
of this state on the date the person individual is nominated for the office.
Sec. 283. Not more than 24 hours after the conclusion
of the fall state convention, the state central committee of each political
party shall canvass the proceedings of the convention and determine the
nominees of the convention for membership on the state board of education. , the board of regents
of the University of Michigan, the board of trustees of Michigan State
University, and the board of governors of Wayne State University. Not
more than 1 business day after the conclusion of the state convention, the
chairperson and secretary of the state central committee shall forward to the
secretary of state a typewritten or printed list of the names and residence,
including the street address if known, of the candidates nominated at the
convention for the offices specified in this
section. state board of education. The
secretary of state shall forward a copy of a list received under this section
to the board of election commissioners of each county, in care of the county
clerk at the county seat.
Sec. 284. A person An individual who is certified by the state central
committee of a political party as nominated for
membership on the state board of education , the board of regents of the university of Michigan, the
board of trustees of Michigan state university, or the board of governors of
Wayne state university may withdraw by filing a written notice of
withdrawal with the secretary of state or his or
her the secretary of state's duly
authorized agent and a copy with the chairperson and the secretary of the state
central committee of the political party not
later than 4 p.m. ,
eastern standard time, of the fourth business day following the
conclusion of the convention at which the person individual was nominated.
Sec. 285. Whenever If a candidate of a political party, after having
been nominated to membership on the state board of education, the board of regents of the University of Michigan, the
board of trustees of Michigan State University, or the board of governors of
Wayne State University, shall die, withdraw, remove dies, withdraws, moves from the this state, or
become becomes disqualified
for any reason, the state central committee of said
the political party shall meet forthwith
and, by a majority vote of the members thereof, of the state central committee, shall select a
candidate to fill the vacancy. thereby caused. The name of the candidate so selected shall must be immediately certified by the chairman chairperson and
the secretary of said the committee to the secretary of state and to the
board of election commissioners for each county , whose duty it is to prepare the official ballots. , and said The board shall cause to be printed or placed upon said on the ballots,
in the proper place, the name of the candidate so selected
to fill the vacancy.
Sec. 287. The board of state canvassers shall determine
which candidates for membership on the state board of education , the board of regents
of the University of Michigan, the board of trustees of Michigan State
University and the board of governors of Wayne State University have
received the greatest number of votes and shall declare such those candidates
to be duly elected. The said board of state canvassers shall forthwith make and
subscribe on its statement of returns a certificate of such determination and deliver the same to the
secretary of state.
Sec. 288. The secretary of state shall file in his the secretary of
state's office and preserve the original statement and determination of
the board of state canvassers of the result of the election and shall forthwith
execute and cause to be delivered to the persons
thereby individuals declared to be
elected to membership on the state board of education , the board of regents of the University of Michigan, the
board of trustees of Michigan State University and the board of governors of
Wayne State University a certificate of election, certified by him the secretary of
state under the great seal of the this state.
Sec. 289. Subject to section 286a, the term of office
of members of the state board of education , the board of regents of the University of Michigan, the
board of trustees of Michigan State University, and the board of governors of
Wayne State University shall be is 8
years and shall begin begins at 12 noon on January 1 next following their the election.
The terms of office of members of said boards shall
the state board of education continue
until a successor is elected and qualified.
Sec. 290. Every person Each individual elected to membership on the state
board of education, the board of regents of the
University of Michigan, the board of trustees of Michigan State University, or
the board of governors of Wayne State University, before entering upon
the duties of his the
office, shall take and subscribe to the oath as provided in section 1 of
article 11 XI of
the state constitution of 1963, and shall
deposit said the oath
with the secretary of state.
Sec. 291. Any person duly An individual elected to membership on the state
board of education ,
the board of regents of the University of Michigan, the board of trustees of
Michigan State University or the board of governors of Wayne State University, who
desires to resign shall file a written notice containing the effective date of such the resignation
with the governor and a copy with the secretary of state.
Sec. 292. (1) There shall be a A vacancy
occurs on the state board of education , the board of regents
of the University of Michigan, the board of trustees of Michigan State
University, or the board of governors of Wayne State University upon the
happening of any of the following events: Death of
the incumbent; his
(a) The incumbent's death.
(b) The incumbent's resignation. ; his
(c) The incumbent's removal from office for cause. ; his
(d) The incumbent's ceasing to be a resident of the this state. ; his
(e) The incumbent's conviction of an infamous crime, or an offense involving the violation
of his the
incumbent's oath of office. ; the
(f) The
decision of a competent tribunal declaring his the incumbent's election or appointment void. ; or his
(g) The incumbent's neglect or refusal to take and subscribe to the constitutional oath of
office and deposit the same oath in the manner and within the time prescribed by
law.
(2) When If a vacancy shall occur occurs on
any of the said
boards, state board of education, a
notice of such the vacancy
and the reason why the same vacancy exists shall, must, within 10 days after such the vacancy
occurs, be given in writing by the secretary of state to
the governor. Such notice shall be given by the
secretary of state.
Sec. 293. Any member of said
boards the state board of education may
be removed from office upon conviction in impeachment proceedings for the
reasons and in the manner set forth in section 7 of article 11 XI of the state
constitution of 1963. The governor shall have has the
power and it shall be his is the governor's duty , except at such time as the legislature may be in
session, to examine into the condition and administration of the said boards state board
of education and the acts of the members enumerated
herein of the board and to remove from
office for gross neglect of duty or for corrupt conduct in office, or any other
misfeasance or malfeasance therein, in office, and report the causes of such the removal
to the legislature. at its next session. Such person shall The individual must be served with a written notice
of the charges against him the individual and be afforded an opportunity for a
public hearing conducted personally by the governor.
Sec. 294. Whenever If a vacancy shall occur occurs on the state board of education, the board of regents of the University of Michigan, the
board of trustees of Michigan State University, or the board of governors of
Wayne State University, the governor shall appoint a successor to fill such the vacancy. , and the person so The individual appointed shall take the oath of
office and shall hold office for the
remainder of the unexpired term and until his a successor is elected and qualified. A candidate
receiving the highest number of votes for membership on any of said boards the
state board of education and who has subscribed to the constitutional
oath shall be deemed is considered to be elected and qualified even though
a vacancy occurs prior to before the time he shall
have the candidate has entered upon the
duties of his the office.
Sec. 295. The votes cast for any candidate for
membership on the state board of education , the board of regents of the University of Michigan, the
board of trustees of Michigan State University and the board of governors of
Wayne State University at any election shall
be are subject to recount as provided in
chapter 33 of this act.XXXIII.
Sec. 296. Any person An individual elected to membership on the state
board of education ,
the board of regents of the University of Michigan, the board of trustees of
Michigan State University, or the board of governors of Wayne State University
shall be is subject to recall as
provided in chapter 36 of this act.XXXVI.
Sec. 534. A general primary of all political parties
except as provided in sections 532 and 685 must be held in every election
precinct in this state on the Tuesday after the first Monday in August before
every general November election, at which time the qualified and registered
voters of each political party may vote for party candidates for the office of
governor, United States Senator, Representative in Congress, state senator,
representative in the legislature, county executive, prosecuting attorney, sheriff,
county clerk, county treasurer, register of deeds, drain commissioner, public
works commissioner, county road commissioner, county mine inspector, surveyor, and candidates for office in townships, and, beginning January 1, 2027, candidates for the office
of secretary of state and the office of attorney general. A nomination
for an office must be made only if the official is to be elected at the next
succeeding general November election.
Sec. 590a. (1) The form, size, and
contents of a qualifying petition shall must be prescribed by the secretary of state and in
substantially the same form as provided in section 590h.
(2) A qualifying
petition for the office of president President of the United States, United States senator, representative Senator,
Representative in Congress, governor, secretary of state, attorney
general, state senator, state representative, state board of education, board of regents of the university of Michigan, board of
trustees of Michigan state university, board of governors of Wayne state
university, or justice of the supreme court may be circulated on a
countywide basis. The form of a qualifying petition that is circulated
countywide shall must
be prescribed by the secretary of state and in substantially the same
form as provided in section 590h.
Sec. 590b. (1) Except as provided in
subsection (2) and subject to the requirements prescribed in subsections (3)
and (4), a qualifying petition for an office shall must be signed by a number of qualified and
registered electors of the district that is represented by the office being
sought by the candidate equal to not less than 2%
of the total number of votes cast for all candidates for governor in the
district at the last election in which a governor was elected. In any case, at
least 15 signatures shall be submitted.as
determined under section 544f.
(2) Subject to the
requirements of subsections (3) and (4), if a qualifying petition is for a
statewide elective office, the qualifying petition shall
must be signed by a number of qualified
and registered electors of this state equal to not
less than 1% of the total number of votes cast for all candidates for governor
at the last election in which a governor was elected.as determined under section 544f.
(3) All signatures
on a qualifying petition shall must be obtained not more than 180 days immediately
before the date of filing under section 590c.
(4) As part of the
minimum number of required signatures under this section, a qualifying petition
for the office of president President of the United States, United States senator, Senator, governor,
attorney general, secretary of state, state board of education, board of regents of the university of Michigan, board of
trustees of Michigan state university, board of governors of Wayne state
university, or justice of the supreme court shall
must be signed by at least 100
registered electors in each of at least 1/2 of the congressional districts of the this state.
Sec. 643. At the general election, the following
officers shall must
be elected when required by law:
(a) Presidential
electors.
(b) In the state at
large, a governor and a lieutenant governor, a secretary of state, and an
attorney general.
(c) A United States
Senator.
(d) In each
congressional district, a Representative in Congress.
(e) In each state
senatorial district, a state senator.
(f) In each state
representative district, a representative in the state legislature.
(g) Justices of the
supreme court.
(h) Two members of
the state board of education.
(i) Two regents of the University of Michigan.
(j) Two trustees of Michigan State University.
(k) Two governors of Wayne State University.
(i) (l) In each county or district, judges of the court of appeals, a
judge or judges of the circuit court, a judge or judges of probate, a judge or
judges of the district court, a prosecuting attorney, a sheriff, a treasurer, a
mine inspector, a county road commissioner, a drain commissioner, a surveyor,
and, subject to section 200, a clerk and a register of deeds or a clerk
register.
(j) (m) Township
officers.
(k) (n) Any
other officers required by law to be elected at that election.
Sec. 697. At the general November election, the names
of the several offices to be voted for must be placed on the ballot
substantially in the following order in the years in which elections for those
offices are held: Electors of President and Vice President of the United
States; governor and lieutenant governor; secretary of state; attorney general;
United States Senator; Representative in Congress; senator and representative
in the state legislature; members of the state board of education; regents of the University of Michigan; trustees of
Michigan State University; governors of Wayne State University; county
executive; prosecuting attorney; sheriff; clerk; treasurer; register of deeds;
mine inspector in counties electing a mine inspector; county road
commissioners; drain commissioners; coroners; and
surveyor. The following township officers must be placed on the same ballot as
above described in substantially the following order in the year in which
elections for those offices are held: supervisor, clerk, treasurer, trustees,
and constables.
Sec. 828. The clerk of the board of county canvassers
forthwith, and in no case later than 24 hours after the completion of the
canvass, on forms provided by the secretary of state, shall deliver in person
or send to the secretary of state, by registered or certified mail with return
receipt demanded, a certified copy of each of the statements prepared by the
board as required by section 824, so far as the statements shall relate to the vote for any state office,
electors of President and Vice President of the United States, United States
Senator, Representative in Congress, supreme court justices, court of appeals
judges, circuit court judges, probate judges, district court judges, state
senators and representatives in the state legislature, members of the state
board of education, members of the board of regents
of the University of Michigan, members of the board of trustees of Michigan
State University, members of the board of governors of Wayne State University, and
any proposed amendment to the constitution or other question or proposition
submitted at the election to the electors of this state at large, together with
a certificate of authenticity signed by the clerk and the chairperson of the
board of canvassers.
Enacting section 1. Sections 282 and 286 of the
Michigan election law, 1954 PA 116, MCL 168.282 and 168.286, are repealed.
Enacting
section 2. This amendatory act does not take effect unless Senate Joint
Resolution I of the 103rd Legislature becomes a part of the state constitution
of 1963 as provided in section 1 of article XII of the state constitution of
1963.