Bill Text: MI HB5919 | 2013-2014 | 97th Legislature | Introduced


Bill Title: Elections; petitions; process for counting duplicate petition signatures; provide for, and eliminate penalties. Amends secs. 303, 386, 482, 544c, 590h, 685, 957 & 958 of 1954 PA 116 (MCL 168.303 et seq.); adds secs. 482a & 547 & repeals sec. 547a of 1954 PA 116 (MCL 168.547a).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-11-12 - Printed Bill Filed 11/07/2014 [HB5919 Detail]

Download: Michigan-2013-HB5919-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5919

November 6, 2014, Introduced by Rep. Irwin and referred to the Committee on Elections and Ethics.

 

      A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 303, 386, 482, 544c, 590h, 685, 957, and 958

 

(MCL 168.303, 168.386, 168.482, 168.544c, 168.590h, 168.685,

 

168.957, and 168.958), section 303 as amended by 2012 PA 276,

 

sections 386 and 544c as amended by 2014 PA 94, section 482 as

 

amended by 1998 PA 142, section 590h as amended by 2002 PA 431,

 

and section 685 as amended by 2002 PA 399, and by adding sections

 

482a and 547; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 303. (1) Until December 31, 2013, and subject to

 


 1  subsection (4), for an individual's name to appear on the

 

 2  official ballot as a candidate for school board member, the

 

 3  candidate shall file a nominating petition and the affidavit

 

 4  required by section 558 with the school district filing official

 

 5  not later than 4 p.m. on the twelfth Tuesday before the election

 

 6  date. Beginning January 1, 2014, and subject Subject to

 

 7  subsection (4), for an individual's name to appear on the

 

 8  official ballot as a candidate for school board member, the

 

 9  candidate shall file a nominating petition and the affidavit

 

10  required by section 558 with the school district filing official

 

11  not later than 4 p.m. on the fifteenth Tuesday before the

 

12  election date. The nominating petition must be signed by the

 

13  following number of electors of the school district:

 

14        (a) If the population of the school district is less than

 

15  10,000 according to the most recent federal census, a minimum of

 

16  6 and a maximum of 20.

 

17        (b) If the population of the school district is 10,000 or

 

18  more according to the most recent federal census, a minimum of 40

 

19  and a maximum of 100.

 

20        (2) The nominating petition shall be substantially in the

 

21  form prescribed in section 544c, except that the petition shall

 

22  be nonpartisan and shall include the following opening paragraph:

 

 

23      We, the undersigned, registered and qualified voters

24 of _______________________________________________________

25 and residents of the _______________________________, the

26                      (legal name of school district)

27 county of _____________________________, state of Michigan,

28               (city or township)


nominate  __________________________________________________

                          (name of candidate)

_______________________________    ________________________,

    (street address)                   (city or township)

a registered and qualified elector of the district as a member

of the board of education of the school district for a term

of ______ years, expiring ______, to be voted for at the

election to be held on the ______ day of ___________,  ______.

                                           (month)     (year)

 

 

10        (3) A school elector shall not may sign petitions for more

 

11  candidates than are to be elected.

 

12        (4) Instead of filing nominating petitions, a candidate for

 

13  school board member may pay a nonrefundable filing fee of $100.00

 

14  to the school district filing official. If this fee is paid by

 

15  the due date for a nominating petition, the payment has the same

 

16  effect under this section as the filing of a nominating petition.

 

17        (5) A nominating petition filed under this chapter is

 

18  subject to the examination and investigation process prescribed

 

19  in section 552 as to its sufficiency and the validity and

 

20  genuineness of the signatures on the nominating petition, and to

 

21  the other procedures prescribed in that section relevant to a

 

22  petition filed under this chapter.

 

23        (6) After a nominating petition is filed or filing fee is

 

24  paid for a candidate for school board member, the candidate is

 

25  not permitted to withdraw unless a written withdrawal notice,

 

26  signed by the candidate, is filed with the school district filing

 

27  official not later than 4 p.m. of the third day after the last

 

28  day for filing the nominating petition. If the school district

 


 1  filing official is not a county clerk, the school district filing

 

 2  official shall notify the county clerk of the candidates' names

 

 3  and addresses not later than 3 days after the last day for filing

 

 4  a withdrawal notice.

 

 5        Sec. 386. (1) For an individual's name to appear on the

 

 6  official ballot as a candidate for metropolitan district officer,

 

 7  the candidate shall file a nominating petition and the affidavit

 

 8  required by section 558 with the metropolitan district election

 

 9  coordinator not later than 4 p.m. on the fifteenth Tuesday before

 

10  the election date. The nominating petitions shall be signed by a

 

11  number of qualified and registered electors residing in the

 

12  metropolitan district as determined under section 544f.

 

13        (2) The nominating petition shall be substantially in the

 

14  form prescribed in section 544c, except that the petition shall

 

15  be nonpartisan and shall include the following opening paragraph:

 

 

16      We, the undersigned, registered and qualified voters

17 of the city or township of _______________________________

18 and residents of the _______________________________, the

19                     (legal name of metropolitan district)

20 county of _____________________________, state of Michigan,

21 nominate   __________________________________________________

22                           (name of candidate)

23 _______________________________     ________________________,

24     (street address)                   (city or township)

25 a registered and qualified elector of the metropolitan district

26 as an officer of the legislative body of the metropolitan

27 district for a term of ____ years, expiring _____, to be

28 voted for at the election to be held on the ______ day of

29 _________________________, ___________________.


       (month)                    (year)

 

 

 2        (3) An elector shall not may sign petitions for more

 

 3  candidates than are to be elected.

 

 4        (4) A nominating petition filed under this chapter is

 

 5  subject to the examination and investigation process prescribed

 

 6  in section 552 as to its sufficiency and the validity and

 

 7  genuineness of the signatures on the nominating petition, and to

 

 8  the other procedures prescribed in that section relevant to a

 

 9  petition filed under this chapter.

 

10        (5) After a nominating petition is filed for a candidate for

 

11  metropolitan district officer, the candidate is not permitted to

 

12  withdraw unless a written withdrawal notice, signed by the

 

13  candidate, is filed with the metropolitan district election

 

14  coordinator not later than 4 p.m. of the third day after the last

 

15  day for filing the nominating petition.

 

16        Sec. 482. (1) Each petition under this section shall be 8-

 

17  1/2 inches by 14 inches in size.

 

18        (2) If the measure to be submitted proposes a constitutional

 

19  amendment, initiation of legislation, or referendum of

 

20  legislation, the heading of each part of the petition shall be

 

21  prepared in the following form and printed in capital letters in

 

22  14-point boldfaced type:

 

 

23                        INITIATIVE PETITION

24                   AMENDMENT TO THE CONSTITUTION

25                                OR

26                     INITIATION OF LEGISLATION


                               OR

                    REFERENDUM OF LEGISLATION

                 PROPOSED BY INITIATIVE PETITION

 

 

 4        (3) The full text of the amendment so proposed shall follow

 

 5  and be printed in 8-point type. If the proposal would alter or

 

 6  abrogate an existing provision of the constitution, the petition

 

 7  shall so state and the provisions to be altered or abrogated

 

 8  shall be inserted, preceded by the words:

 

 9        "Provisions of existing constitution altered or abrogated by

 

10  the proposal if adopted."

 

11        (4) The following statement shall appear beneath the

 

12  petition heading:

 

 

13      "We, the undersigned qualified and registered electors,

14 residents in the

15 city

16 township (strike 1) of .......... in the county of  ..........,

17 state of Michigan, respectively petition for (amendment to

18 constitution) (initiation of legislation) (referendum of

19 legislation) (other appropriate description).".

 

 

20        (5) The following warning shall be printed in 12-point type

 

21  immediately above the place for signatures, on each part of the

 

22  petition:

 

 

23                               WARNING

 

 

24        A person who knowingly signs this petition more than once,

 

25  signs a name other than his or her own, signs when not a


 

 1  qualified and registered elector, or sets opposite his or her

 

 2  signature on a petition, a date other than the actual date the

 

 3  signature was affixed, is violating the provisions of the

 

 4  Michigan election law.

 

 5        (6) The remainder of the petition form shall be as provided

 

 6  following the warning to electors signing the petition in section

 

 7  544c(1). In addition, the petition shall comply with the

 

 8  requirements of section 544c(2).

 

 9        Sec. 482a. If a petition under section 482 contains the

 

10  signature of the same elector 2 or more times, only the first

 

11  signature of that elector shall be counted.

 

12        Sec. 544c. (1) A nominating petition shall be 8-1/2 inches

 

13  by 14 inches in size. On a nominating petition, the words

 

14  "nominating petition" shall be printed in 24-point boldface type.

 

15  "We, the undersigned," et cetera shall be printed in 8-point

 

16  type. "Warning" and language in the warning shall be printed in

 

17  12-point boldface type. The balance of the petition shall be

 

18  printed in 8-point type. The name, address, and party affiliation

 

19  of the candidate and the office for which petitions are signed

 

20  shall be printed in type not larger than 24-point. Subject to

 

21  subsection (6), the petition shall be in the following form:

 

 

22                        NOMINATING PETITION

23                             (PARTISAN)

24      We, the undersigned, registered and qualified voters

25 of the city or township of .................. , in the county

26          (strike 1)

27 of ................... and state of Michigan, nominate,


..............................................................  ,

                      (Name of Candidate)

..............................................................  ,

  (Street Address or Rural Route)        (City or Township)

as a candidate of the ................... party for the

office of  .......................... ,

..............................................................  ,

                      (District, if any)

to be voted for at the primary election to be held on

10 the ............ day of ............. , 20 ........ .

11                            WARNING

12      A person who knowingly signs more petitions for the  same

13 office than there are persons to be elected to the office  or

14 signs a name other than his or her own is violating the

15 provisions of the Michigan election law.

16

17      Printed     Street Address

18      Name and         or                       Date of   Signing

19      Signature    Rural Route     Zip Code    Mo.     Day     Year

20

21 1.  ____________________________________________________________

22 2.  ____________________________________________________________

23 3.  ____________________________________________________________

24 4.  ____________________________________________________________

25 numbered lines as above

26                      CERTIFICATE OF CIRCULATOR

 

 

27        The undersigned circulator of the above petition asserts

 

28  that he or she is qualified to circulate this petition and that

 

29  each signature on the petition was signed in his or her presence;

 

30  and that, to his or her best knowledge and belief, each signature

 

31  is the genuine signature of the person purporting to sign the


 

 1  petition, the person signing the petition was at the time of

 

 2  signing a qualified registered elector of the city or township

 

 3  listed in the heading of the petition, and the elector was

 

 4  qualified to sign the petition.

 

 5        Circulator—Do not sign or date certificate until after

 

 6  circulating petition.

 

 

                     __________________________________________________

                     (Printed Name and Signature of Circulator)  (Date)

                     __________________________________________________

10                      (City or Township Where Registered)

11                      [or, for a petition under section 482, a qualifying

12                      petition for an office named in section 590b(4), or

13                      a petition to form a new political party under

14                      section 685

15                      "(City or Township Where Registered or Qualified to

16                      be Registered, if a resident of this state)"]

17                      __________________________________________________

18                      (Complete Residence Address (Street and Number

19                      or Rural Route))

20                      __________________________________________________

21                      (Zip Code)

 

 

22        Warning-A circulator knowingly making a false statement in

 

23  the above certificate, a person not a circulator who signs as a

 

24  circulator, or a person who signs a name other than his or her

 

25  own as circulator is guilty of a misdemeanor.

 

26        (2) The petition shall be in a form providing a space for

 

27  the circulator and each elector who signs the petition to print

 

28  his or her name. The secretary of state shall prescribe the

 

29  location of the space for the printed name. The failure of the

 

30  circulator or an elector who signs the petition to print his or

 


 1  her name, to print his or her name in the location prescribed by

 

 2  the secretary of state, or to enter a zip code or his or her

 

 3  correct zip code does not affect the validity of the signature of

 

 4  the circulator or the elector who signs the petition. A printed

 

 5  name located in the space prescribed for printed names does not

 

 6  constitute the signature of the circulator or elector. If an

 

 7  elector does not include his or her signature, his or her street

 

 8  address or rural route, or the date of signing on the petition as

 

 9  required under subsection (1), the elector's signature is invalid

 

10  and shall not be counted by a filing official.

 

11        (3) At the time of circulation, the circulator of a petition

 

12  shall be a registered elector of this state. At the time of

 

13  executing the certificate of circulator, the circulator shall be

 

14  registered in the city or township indicated in the certificate

 

15  of circulator on the petition. However, the circulator of a

 

16  petition under section 482, a qualifying petition for an office

 

17  named in section 590b(4), or a petition to form a new political

 

18  party under section 685 either shall be a registered elector of

 

19  this state or qualified to be a registered elector of this state

 

20  at the time of circulation and at the time of executing the

 

21  certificate of circulator, or, if not a resident of this state,

 

22  shall be at least 18 years of age, a United States citizen, and

 

23  shall sign an irrevocable written stipulation concerning legal

 

24  process as provided in subsection (4).

 

25        (4) If the circulator of a petition under section 482, a

 

26  qualifying petition for an office named in section 590b(4), or a

 

27  petition to form a new political party under section 685 is not a

 


 1  resident of this state, the circulator shall submit to the

 

 2  sponsor of the petition a signed, irrevocable written stipulation

 

 3  agreeing to accept the jurisdiction of this state for the purpose

 

 4  of any legal proceeding or hearing initiated under section 476,

 

 5  552, 590f(2), or 685 that concerns a petition sheet executed by

 

 6  the circulator and agreeing that legal process served on the

 

 7  secretary of state or a designated agent of the secretary of

 

 8  state has the same effect as if personally served on the

 

 9  circulator. The irrevocable written stipulation shall also

 

10  include the circulator's residential address, mailing address, if

 

11  different than his or her residential address, telephone number,

 

12  and electronic mail address. The irrevocable written stipulation

 

13  remains in effect for the pendency of any proceeding concerning

 

14  the petition sheet signed by the circulator. The irrevocable

 

15  written stipulation shall be preserved by the sponsor of the

 

16  petition for 1 year and shall be made available to the secretary

 

17  of state, a designated agent of the secretary of state, or the

 

18  board of state canvassers immediately upon request.

 

19        (5) If the secretary of state or a designated agent of the

 

20  secretary of state is served with legal process as described in

 

21  subsection (4), the secretary of state shall promptly notify the

 

22  circulator by personal service or certified mail at the

 

23  circulator's residential address as indicated in the certificate

 

24  of circulator or the irrevocable written stipulation.

 

25        (6) Subject to subsection (7), the following language shall

 

26  be added to the certificate of circulator of a petition under

 

27  section 482, a qualifying petition for an office named in section

 


 1  590b(4), or a petition to form a new political party under

 

 2  section 685:

 

 3        If at the time of circulating the petition and executing the

 

 4  certificate of circulator the undersigned circulator is not

 

 5  qualified to be a registered elector of this state, he or she

 

 6  agrees that any legal process concerning a petition sheet

 

 7  executed by the circulator served on the secretary of state or a

 

 8  designated agent of the secretary of state has the same effect as

 

 9  if personally served on the circulator.

 

10        (7) A petition described in subsection (6) that is approved

 

11  as to form by the board of state canvassers before the effective

 

12  date of the 2014 amendatory act that added this subsection April

 

13  3, 2014 and that is in circulation for the 2014 general election

 

14  is not required to contain the added language to the certificate

 

15  of circulator provided in subsection (6). However, the circulator

 

16  of a petition described in subsection (6) who is not a resident

 

17  of this state shall comply with the requirements under subsection

 

18  (4).

 

19        (8) The circulator of a petition shall sign and date the

 

20  certificate of circulator before the petition is filed. A

 

21  circulator shall not obtain electors' signatures after the

 

22  circulator has signed and dated the certificate of circulator. A

 

23  filing official shall not count electors' signatures that were

 

24  obtained after the date the circulator signed the certificate or

 

25  that are contained in a petition that the circulator did not sign

 

26  and date.

 

27        (9) Except as provided in section 544d, a petition sheet

 


 1  shall not be circulated in more than 1 city or township and each

 

 2  signer of a petition sheet shall be a registered elector of the

 

 3  city or township indicated in the heading of the petition sheet.

 

 4  The invalidity of 1 or more signatures on a petition does not

 

 5  affect the validity of the remainder of the signatures on the

 

 6  petition.

 

 7        (10) An individual shall not may sign more nominating

 

 8  petitions for the same office than there are persons to be

 

 9  elected to the office. An individual who violates this subsection

 

10  is guilty of a misdemeanor.

 

11        (11) An individual shall not do any of the following:

 

12        (a) Sign a petition with a name other than his or her own.

 

13        (b) Make a false statement in a certificate on a petition.

 

14        (c) If not a circulator, sign a petition as a circulator.

 

15        (d) Sign a name as circulator other than his or her own.

 

16        (12) An individual who violates subsection (11) is guilty of

 

17  a misdemeanor punishable by a fine of not more than $500.00 or

 

18  imprisonment for not more than 93 days, or both.

 

19        (13) If after a canvass and a hearing on a petition under

 

20  section 476 or 552 the board of state canvassers determines that

 

21  an individual has knowingly and intentionally failed to comply

 

22  with subsection (11), the board of state canvassers may impose 1

 

23  or more of the following sanctions:

 

24        (a) Disqualify obviously fraudulent signatures on a petition

 

25  form on which the violation of subsection (11) occurred, without

 

26  checking the signatures against local registration records.

 

27        (b) Disqualify from the ballot a candidate who committed,

 


 1  aided or abetted, or knowingly allowed the violation of

 

 2  subsection (11) on a petition to nominate that candidate.

 

 3        (14) If an individual violates subsection (11) and the

 

 4  affected petition sheet is filed, each of the following who knew

 

 5  of the violation of subsection (11) before the filing of the

 

 6  affected petition sheet and who failed to report the violation to

 

 7  the secretary of state, the filing official, if different, the

 

 8  attorney general, a law enforcement officer, or the county

 

 9  prosecuting attorney is guilty of a misdemeanor, punishable by a

 

10  fine of not more than $500.00 or imprisonment for not more than 1

 

11  year, or both:

 

12        (a) The circulator of the petition, if different than the

 

13  individual who violated subsection (11).

 

14        (b) If the petition is a nominating petition, the candidate

 

15  whose nomination is sought.

 

16        (c) If the petition is a petition for a ballot question or

 

17  recall, the organization or other person sponsoring the petition

 

18  drive.

 

19        (15) If after a canvass and a hearing on a petition under

 

20  section 476 or 552 the board of state canvassers determines that

 

21  an individual has violated subsection (14), the board of state

 

22  canvassers may impose 1 or more of the following sanctions:

 

23        (a) Impose on the organization or other person sponsoring

 

24  the petition drive an administrative fine of not more than

 

25  $5,000.00.

 

26        (b) Charge the organization or other person sponsoring the

 

27  petition drive for the costs of canvassing a petition form on

 


 1  which a violation of subsection (11) occurred.

 

 2        (c) Disqualify an organization or other person described in

 

 3  subdivision (a) from collecting signatures on a petition for a

 

 4  period of not more than 4 years.

 

 5        (d) Disqualify obviously fraudulent signatures on a petition

 

 6  form on which a violation of subsection (11) occurred without

 

 7  checking the signatures against local registration records.

 

 8        (e) Disqualify from the ballot a candidate who committed,

 

 9  aided or abetted, or knowingly allowed a violation of subsection

 

10  (11) on a petition to nominate that candidate.

 

11        (16) If an individual refuses to comply with a subpoena of

 

12  the board of state canvassers in an investigation of an alleged

 

13  violation of subsection (11) or (14), the board may hold the

 

14  canvass of the petitions in abeyance until the individual

 

15  complies.

 

16        (17) A person who aids or abets another in an act that is

 

17  prohibited by this section is guilty of that act.

 

18        (18) The provisions of this section except as otherwise

 

19  expressly provided apply to all petitions circulated under

 

20  authority of the election law.

 

21        Sec. 547. If a nominating petition contains the signature of

 

22  the same elector 2 or more times, only the first signature of

 

23  that elector shall be counted.

 

24        Sec. 590h. (1) A qualifying petition for a candidate without

 

25  political party affiliation shall be the same size and printed in

 

26  the same type sizes as required in section 544c. The petition

 

27  shall be in the following form:

 


 

                        QUALIFYING PETITION

                 (CANDIDATE WITHOUT PARTY AFFILIATION)

  We, the undersigned, registered and qualified electors of the

city or township of ............, in the county of  ..........,

    (strike 1)

and state of Michigan, nominate  .............................,

                                     (Name of Candidate)

.............................................................,

     (Street Address or R.R.)           (City or Township)

10 as a candidate without party affiliation for the office of

11 ...........................................................  in

12                  (Title of Office and District)

13 order that the name of the candidate be placed without party

14 affiliation on the ballot for the election to be held on

15 the .............. day of ............ , 20.... .

16

17                              WARNING

 

 

18        Whoever knowingly signs more petitions for the same office

 

19  than there are persons to be elected to the office or signs a

 

20  name other than his or her own is violating the Michigan election

 

21  law.

 

22        (2) The balance of the qualifying petition form shall be

 

23  substantially as set forth in section 544c. A qualifying petition

 

24  for a candidate without party affiliation shall not contain a

 

25  reference to a political party.

 

26        (3) An elector may sign more petitions for the same office

 

27  than there are persons to be elected to the office.

 

28        (4) If a qualifying petition for a candidate without

 

29  political party affiliation contains the signature of the same

 


 1  elector 2 or more times, only the first signature of that elector

 

 2  shall be counted.

 

 3        (5) (3) A person shall not knowingly sign more petitions for

 

 4  the same office than there are persons to be elected to the

 

 5  office or sign a name other than his or her own on the petition.

 

 6        Sec. 685. (1) The name of a candidate of a new political

 

 7  party shall not be printed upon the official ballots of an

 

 8  election unless the chairperson and secretary of the state

 

 9  central committee of the party files with the secretary of state,

 

10  not later than 4 p.m. of the one hundred-tenth day before the

 

11  general November election, a certificate signed by the

 

12  chairperson and secretary of the state central committee bearing

 

13  the name of the party, together with petitions bearing the

 

14  signatures of registered and qualified electors equal to not less

 

15  than 1% of the total number of votes cast for all candidates for

 

16  governor at the last election in which a governor was elected.

 

17  The petitions shall be signed by at least 100 registered electors

 

18  in each of at least 1/2 of the congressional districts of the

 

19  this state. All signatures on the petitions shall be obtained not

 

20  more than 180 days immediately before the date of filing.

 

21        (2) After the date on which a petition is filed, the

 

22  secretary of state shall not accept additional petition sheets

 

23  for that petition. The validity and authenticity of the

 

24  signatures may be determined in the same manner as provided for

 

25  initiatory and referendary referendum petitions in section 9 of

 

26  article II of the state constitution of 1963. An official

 

27  declaration of the sufficiency or insufficiency of a petition

 


 1  filed under this section shall be made by the board of state

 

 2  canvassers not later than 60 days before the general November

 

 3  election.

 

 4        (3) The petitions shall be in substantially the following

 

 5  form:

 

 

            PETITION TO FORM NEW POLITICAL PARTY

     We, the undersigned, duly registered electors of the

city, township of ................. county of  .................

(strike one)

10 state of Michigan, residing at the places set opposite our

11 names, respectfully request the secretary of state, in

12 accordance with section 685 of the Michigan election law,

13 1954 PA 116, MCL 168.685, to receive the certificate and

14 vignette accompanying this petition, and place the names of

15 the candidates of the ........................ party on the

16 ballot at the .................... election.

 

 

17        Warning: A person who knowingly signs petitions to organize

 

18  more than 1 new state political party, signs a petition to

 

19  organize a new state political party more than once, or signs a

 

20  name other than his or her own is violating the provisions of the

 

21  Michigan election law.

 

 

22                                ................................

23                                ................................

24                                ................................

 

 

25        (4) The balance of the petition form shall be substantially

 

26  as set forth in section 544c. The size of all organizing

 


 1  petitions shall be 8-1/2 inches by 13 inches and shall be printed

 

 2  in the following type sizes: The words "petition to form new

 

 3  political party" and the name of the proposed political party

 

 4  shall be in 24-point boldface type; the word "warning" and the

 

 5  language contained in the warning shall be in 12-point boldface

 

 6  type.

 

 7        (5) Petitions circulated under this section may be

 

 8  circulated on a countywide basis. A petition that is circulated

 

 9  countywide shall be on a form prescribed by the secretary of

 

10  state.

 

11        (6) If the principal candidate of a political party receives

 

12  a vote equal to less than 1% of the total number of votes cast

 

13  for the successful candidate for the office of secretary of state

 

14  at the last preceding general November election in which a

 

15  secretary of state was elected, that political party shall not

 

16  have the name of any candidate printed on the ballots at the next

 

17  ensuing general November election, and a column shall not be

 

18  provided on the ballots for that party. A disqualified party may

 

19  again qualify and have the names of its candidates printed in a

 

20  separate party column on each election ballot in the manner set

 

21  forth in subsection (1) for the qualification of new parties. The

 

22  term "principal candidate" of a political party means the

 

23  candidate who receives the greatest number of votes of all

 

24  candidates of that political party for that election.

 

25        (7) A political party that complied with this section is

 

26  subject to section 686a in order to have the name of that party,

 

27  its vignette, and its candidates appear on the general election

 


 1  ballot.

 

 2        (8) An elector may sign petitions to form more than 1 new

 

 3  state political party.

 

 4        (9) If a petition to form a new state political party

 

 5  contains the signature of the same elector 2 or more times, only

 

 6  the first signature of that elector shall be counted.

 

 7        (10) (8) A person shall not knowingly sign a petition to

 

 8  organize more than 1 new state political party, sign a petition

 

 9  to organize a new state political party more than once, or sign a

 

10  name other than his or her own on the petition.

 

11        Sec. 957. (1) A person circulating a recall petition shall

 

12  be a qualified and registered elector in the electoral district

 

13  of the official sought to be recalled. and

 

14        (2) A person circulating a recall petition shall attach

 

15  thereto his to the recall petition a certificate of the

 

16  circulator stating that he or she is a qualified and registered

 

17  elector in the electoral district of the official sought to be

 

18  recalled and shall state the city or the township wherein he

 

19  resides and his post-office address; further, that stating his or

 

20  her city or township and post office address. In addition, the

 

21  certificate of the circulator shall indicate all of the

 

22  following:

 

23        (a) That signatures appearing upon the recall petition were

 

24  not obtained through fraud, deceit, or misrepresentation. and

 

25  that he has neither caused nor permitted a person to sign the

 

26  petition more than once and has no knowledge of a person signing

 

27  the petition more than once; that

 


 1        (b) That all signatures to the recall petition were affixed

 

 2  in his or her presence. ; and that

 

 3        (c) That to the best of his or her knowledge, information,

 

 4  and belief, the signers of the recall petition are qualified and

 

 5  registered electors and that the signatures appearing thereon on

 

 6  the recall petition are the genuine signatures of the persons of

 

 7  whom they purport to be. signing the recall petition.

 

 8        (3) A person who knowingly makes a false statement in the

 

 9  certificate hereby required of the circulator is guilty of a

 

10  misdemeanor.

 

11        Sec. 958. (1) A recall petition sheet shall contain only the

 

12  signatures of qualified and registered electors of the city or

 

13  township listed in its heading.

 

14        (2) For recall of a village officer, the recall petition

 

15  shall be signed by qualified and registered electors of the

 

16  village.

 

17        (3) A qualified and registered elector may sign the recall

 

18  petition sheet in any location at which the recall petition sheet

 

19  is available.

 

20        (4) A recall petition is not invalid if it contains the

 

21  signature of a person who is not a qualified and registered

 

22  elector of the appropriate city, township, or village listed in

 

23  the heading of that recall petition sheet.

 

24        (5) If a recall petition contains the signature of the same

 

25  elector 2 or more times, only the first signature of that elector

 

26  shall be counted.

 

27        Enacting section 1. Section 547a of the Michigan election

 


 1  law, 1954 PA 116, MCL 168.547a, is repealed.

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