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| 1 | + | Substitute For HOUSE BILL NO. 5576 A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 685 (MCL 168.685), as amended by 2018 PA 650. the people of the state of michigan enact: | |
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| 7 | + | Substitute For | |
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| 9 | + | HOUSE BILL NO. 5576 | |
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| 11 | + | A bill to amend 1954 PA 116, entitled | |
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| 13 | + | "Michigan election law," | |
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| 37 | - | state of michigan | |
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| 39 | - | 102nd Legislature | |
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| 41 | - | Regular session of 2024 | |
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| 43 | - | Introduced by Reps. Churches, Paiz, Tsernoglou, Neeley, Brenda Carter, Young, Conlin, Dievendorf, MacDonell, Byrnes, Hill, Rheingans, Andrews, Morgan, McKinney, Hood, Brabec, Price and Brixie | |
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| 45 | - | ENROLLED HOUSE BILL No. 5576 | |
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| 47 | - | AN ACT to amend 1954 PA 116, entitled ?An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,? by amending section 685 (MCL 168.685), as amended by 2018 PA 650. | |
| 15 | + | by amending section 685 (MCL 168.685), as amended by 2018 PA 650. | |
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| 49 | 17 | the people of the state of michigan enact: | |
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| 51 | - | Sec. 685. (1) The name of a candidate of a new political party must not be printed on the official ballots of an election unless the chairperson and secretary of the state central committee of the party files with the secretary of state, not later than 4 p.m. of the one hundred-tenth day before the general November election, a certificate signed by the chairperson and secretary of the state central committee bearing the name of the party, together with petitions bearing the signatures of registered and qualified electors 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. The petitions must be signed by at least 100 registered electors in each of at least 1/2 of the congressional districts of this state. All signatures on the petitions must be obtained not more than 180 days immediately before the date of filing. | |
| 19 | + | 1 2 3 4 5 6 7 8 9 Sec. 685. (1) The name of a candidate of a new political party must not be printed upon on the official ballots of an election unless the chairperson and secretary of the state central committee of the party files with the secretary of state, not later than 4 p.m. of the one hundred-tenth day before the general November election, a certificate signed by the chairperson and secretary of the state central committee bearing the name of the party, together with petitions bearing the signatures of registered and qualified electors equal to not less than 1% of the total number of votes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cast for all candidates for governor at the last election in which a governor was elected. The petitions must be signed by at least 100 registered electors in each of at least 1/2 of the congressional districts of this state. All signatures on the petitions must be obtained not more than 180 days immediately before the date of filing. (2) After the date on which a petition is filed, the secretary of state shall must not accept additional petition sheets for that petition. The Subject to this subsection, the validity and authenticity of the signatures may be determined in the same manner as provided for initiative and referendum petitions in section 9 of article II of the state constitution of 1963. The board of state canvassers may use a statistical random sampling methodology, as approved by the board of state canvassers, to determine the validity and sufficiency of signatures and petition form requirements on petitions to form a new political party filed under this section. An official declaration of the sufficiency or insufficiency of a petition filed under this section must be made by the board of state canvassers not later than 60 days before the general November election. (3) The petitions must be in substantially the following form: PETITION TO FORM NEW POLITICAL PARTY We, the undersigned, duly registered electors of the city, township of ................. county of .................. (strike one) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 state of Michigan, residing at the places set opposite our names, respectfully request the secretary of state, in accordance with section 685 of the Michigan election law, 1954 PA 116, MCL 168.685, to place the names of the candidates of the .................... party on the ballot at the .................... election. Warning: A person An individual who knowingly signs petitions to organize more than 1 new state political party, signs a petition to organize a new state political party more than once, or signs a name other than his or her the individual's own is violating the provisions of the Michigan election law. ................................ ................................ ................................ (4) The balance of the petition form must be substantially as set forth in section 544c. The size of all organizing petitions must be 8-1/2 inches by 13 inches and must be printed in the following type sizes: The words "petition to form new political party" and the name of the proposed political party must be in 24-point boldface type; the word "warning" and the language contained in the warning must be in 12-point boldface type. (5) Petitions circulated under this section may be circulated on a countywide basis. A petition that is circulated countywide must be on a form prescribed by the secretary of state. (6) If the principal candidate of a political party receives a vote equal to less than 1% of the total number of votes cast for the successful candidate for the office of secretary of state at the last preceding general November election in which a secretary of state was elected, that political party shall must not have the name of any candidate printed on the ballots at the next ensuing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 general November election, and a column must not be provided on the ballots for that party. A disqualified party may again qualify and have the names of its the party's candidates printed in a separate party column on each election ballot in the manner set forth in subsection (1) for the qualification of new parties. As used in this subsection, "principal candidate of a political party" means the candidate who receives the greatest number of votes of all candidates of that political party for that election. (7) A political party that complied with this section is subject to section 686a in order to have the name of that party and its the party's candidates appear on the general election ballot. (8) An individual shall must not knowingly sign a petition to organize more than 1 new state political party or sign a petition to organize a new state political party more than once. An individual who violates this subsection is guilty of a misdemeanor. (9) An individual shall must not do any of the following: (a) Sign a petition to form a new political party with a name other than his or her the individual's own. (b) Make a false statement in a certificate on a petition to form a new political party. (c) If not a circulator, sign a petition to form a new political party as a circulator. (d) Sign a name as circulator other than his or her the circulator's own. (10) Except as otherwise provided in subsection (11), an An individual who violates subsection (9)(b) or (c) is guilty of a misdemeanor punishable by a fine of not more than $500.00 or imprisonment for not more than 93 days, or both. (11) An individual shall not sign a petition to form a new 1 2 3 4 5 6 7 8 9 10 11 political party with multiple names. An individual who violates this subsection (9)(a) or (d) is guilty of a felony. (12) If an individual signs a petition to form a new political party in violation of this section, any signature by that individual on the petition is invalid and must not be counted. Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law: (a) House Bill No. 5571. (b) House Bill No. 5572. (c) House Bill No. 5573. | |
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| 53 | - | (2) After the date on which a petition is filed, the secretary of state must not accept additional petition sheets for that petition. Subject to this subsection, the validity and authenticity of the signatures may be determined in the same manner as provided for initiative and referendum petitions in section 9 of article II of the state constitution of 1963. The board of state canvassers may use a statistical random sampling methodology, as approved by the board of state canvassers, to determine the validity and sufficiency of signatures and petition form requirements on petitions to form a new political party filed under this section. An official declaration of the sufficiency or insufficiency of a petition filed under this section must be made by the board of state canvassers not later than 60 days before the general November election. | |
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| 39 | + | Sec. 685. (1) The name of a candidate of a new political party must not be printed upon on the official ballots of an election unless the chairperson and secretary of the state central committee of the party files with the secretary of state, not later than 4 p.m. of the one hundred-tenth day before the general November election, a certificate signed by the chairperson and secretary of the state central committee bearing the name of the party, together with petitions bearing the signatures of registered and qualified electors equal to not less than 1% of the total number of votes | |
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| 91 | + | cast for all candidates for governor at the last election in which a governor was elected. The petitions must be signed by at least 100 registered electors in each of at least 1/2 of the congressional districts of this state. All signatures on the petitions must be obtained not more than 180 days immediately before the date of filing. | |
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| 93 | + | (2) After the date on which a petition is filed, the secretary of state shall must not accept additional petition sheets for that petition. The Subject to this subsection, the validity and authenticity of the signatures may be determined in the same manner as provided for initiative and referendum petitions in section 9 of article II of the state constitution of 1963. The board of state canvassers may use a statistical random sampling methodology, as approved by the board of state canvassers, to determine the validity and sufficiency of signatures and petition form requirements on petitions to form a new political party filed under this section. An official declaration of the sufficiency or insufficiency of a petition filed under this section must be made by the board of state canvassers not later than 60 days before the general November election. | |
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| 55 | 95 | (3) The petitions must be in substantially the following form: | |
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| 57 | 97 | PETITION TO FORM NEW POLITICAL PARTY | |
| 58 | - | We, the undersigned, duly registered electors of the city, township of ................. state of Michigan, residing | |
| 98 | + | We, the undersigned, duly registered electors of the | |
| 99 | + | city, township of ................. county of .................. | |
| 59 | 100 | (strike one) | |
| 60 | - | at the places set opposite our names, respectfully request the secretary of state, in accordance with section 685 of the Michigan election law, 1954 PA 116, MCL 168.685, to place the names of the candidates of the .................... party on the ballot at the .................... election. | |
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| 62 | 102 | PETITION TO FORM NEW POLITICAL PARTY | |
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| 64 | - | We, the undersigned, duly registered electors of the | |
| 104 | + | We, the undersigned, duly registered electors of the | |
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| 106 | + | city, township of ................. county of .................. | |
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| 68 | 108 | (strike one) | |
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| 84 | - | (4) The balance of the petition form must be substantially as set forth in section 544c. The size of all organizing petitions must be 8-1/2 inches by 13 inches and must be printed in the following type sizes: The words ?petition to form new political party? and the name of the proposed political party must be in 24-point boldface type; the word ?warning? and the language contained in the warning must be in 12-point boldface type. | |
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| 168 | + | state of Michigan, residing at the places set opposite our names, respectfully request the secretary of state, in accordance with section 685 of the Michigan election law, 1954 PA 116, MCL 168.685, to place the names of the candidates of the .................... party on the ballot at the .................... election. | |
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| 170 | + | state of Michigan, residing at the places set opposite our names, respectfully request the secretary of state, in accordance with section 685 of the Michigan election law, 1954 PA 116, MCL 168.685, to place the names of the candidates of the .................... party on the ballot at the .................... election. | |
| 171 | + | ||
| 172 | + | Warning: A person An individual who knowingly signs petitions to organize more than 1 new state political party, signs a petition to organize a new state political party more than once, or signs a name other than his or her the individual's own is violating the provisions of the Michigan election law. | |
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| 184 | + | (4) The balance of the petition form must be substantially as set forth in section 544c. The size of all organizing petitions must be 8-1/2 inches by 13 inches and must be printed in the following type sizes: The words "petition to form new political party" and the name of the proposed political party must be in 24-point boldface type; the word "warning" and the language contained in the warning must be in 12-point boldface type. | |
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| 86 | 186 | (5) Petitions circulated under this section may be circulated on a countywide basis. A petition that is circulated countywide must be on a form prescribed by the secretary of state. | |
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| 88 | - | (6) If the principal candidate of a political party receives a vote equal to less than 1% of the total number of votes cast for the successful candidate for the office of secretary of state at the last preceding general November election in which a secretary of state was elected, that political party must not have the name of any candidate printed on the ballots at the next ensuing | |
| 188 | + | (6) If the principal candidate of a political party receives a vote equal to less than 1% of the total number of votes cast for the successful candidate for the office of secretary of state at the last preceding general November election in which a secretary of state was elected, that political party shall must not have the name of any candidate printed on the ballots at the next ensuing | |
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| 96 | - | (a) Sign a petition to form a new political party with a name other than the individual?s own. | |
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| 248 | + | general November election, and a column must not be provided on the ballots for that party. A disqualified party may again qualify and have the names of its the party's candidates printed in a separate party column on each election ballot in the manner set forth in subsection (1) for the qualification of new parties. As used in this subsection, "principal candidate of a political party" means the candidate who receives the greatest number of votes of all candidates of that political party for that election. | |
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| 250 | + | (7) A political party that complied with this section is subject to section 686a in order to have the name of that party and its the party's candidates appear on the general election ballot. | |
| 251 | + | ||
| 252 | + | (8) An individual shall must not knowingly sign a petition to organize more than 1 new state political party or sign a petition to organize a new state political party more than once. An individual who violates this subsection is guilty of a misdemeanor. | |
| 253 | + | ||
| 254 | + | (9) An individual shall must not do any of the following: | |
| 255 | + | ||
| 256 | + | (a) Sign a petition to form a new political party with a name other than his or her the individual's own. | |
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| 98 | 258 | (b) Make a false statement in a certificate on a petition to form a new political party. | |
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| 100 | 260 | (c) If not a circulator, sign a petition to form a new political party as a circulator. | |
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| 102 | - | (d) Sign a name as circulator other than the circulator | |
| 262 | + | (d) Sign a name as circulator other than his or her the circulator's own. | |
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| 104 | - | (10) An individual who violates subsection (9)(b) or (c) is guilty of a misdemeanor punishable by a fine of not more than $500.00 or imprisonment for not more than 93 days, or both. | |
| 264 | + | (10) Except as otherwise provided in subsection (11), an An individual who violates subsection (9)(b) or (c) is guilty of a misdemeanor punishable by a fine of not more than $500.00 or imprisonment for not more than 93 days, or both. | |
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| 106 | - | (11) An individual who violates subsection (9)(a) or (d) is guilty of a felony. | |
| 266 | + | (11) An individual shall not sign a petition to form a new | |
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| 290 | + | political party with multiple names. An individual who violates this subsection (9)(a) or (d) is guilty of a felony. | |
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| 108 | 292 | (12) If an individual signs a petition to form a new political party in violation of this section, any signature by that individual on the petition is invalid and must not be counted. | |
| 109 | 293 | ||
| 110 | 294 | Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law: | |
| 111 | 295 | ||
| 112 | 296 | (a) House Bill No. 5571. | |
| 113 | 297 | ||
| 114 | 298 | (b) House Bill No. 5572. | |
| 115 | 299 | ||
| 116 | 300 | (c) House Bill No. 5573. | |
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| 124 | - | Clerk of the House of Representatives | |
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| 130 | - | Secretary of the Senate | |
| 131 | - | ||
| 132 | - | Approved___________________________________________ | |
| 133 | - | ||
| 134 | - | ____________________________________________________ | |
| 135 | - | ||
| 136 | - | Governor |