A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 194, 195, and 198 (MCL 168.194, 168.195, and 168.198), sections 195 and 198 as amended by 2012 PA 276.
House Bill No. 4736 amends Michigan election law to clarify and standardize the procedures for candidate withdrawal and replacement for county offices, including specific requirements for county commissioner vacancies.
Introduced
by
Referred to the Committee on Election Integrity
Reported with substitute H-1
Substitute H-1 concurred in by voice vote
1. Amend page 1, following line 3, by inserting:
“Sec. 193a. (1) A candidate for the office of county commissioner shall, at the time of filing a
nominating petition or filing fee under section 11 of 1966 PA 261, MCL 46.411, file with the county clerk an affidavit of disclosure, signed under penalty of perjury, that indicates whether the candidate has been convicted of a felony under the laws of this state, another state, or the United States.
(2) If a candidate for the office of county commissioner is convicted of a felony after the candidate files a nominating petition or filing fee under section 11 of 1966 PA 261, MCL 46.411, the candidate shall, not later than 48 hours after the court enters the felony conviction, notify the county clerk of that felony conviction by submitting an updated affidavit of disclosure as described under subsection (1).
(3) An affidavit of disclosure as described under subsection (1) must be made available by the county clerk to the residents of the county in the same manner that nominating petitions are made available.
(4) If a candidate for the office of county commissioner fails to disclose a felony conviction as required under subsection (1) or (2), the candidacy of that candidate is vacated and the following apply:
(a) If the failure to disclose the felony conviction is discovered after the last day for qualifying for the office of county commissioner, leaving the political party without a candidate for that office, then the political party may select a replacement candidate as provided under section 195.
(b) If the failure to disclose the felony conviction is discovered after the candidate is nominated for the office of county commissioner, leaving the political party without a candidate for that office, then the political party may select a replacement candidate as provided under section 198.
(5) The county clerk shall include a candidate’s affidavit of disclosure described in this section in
any public notice under this act used to inform electors of candidate filings.”.
2. Amend page 3, line 29, after “section” by inserting “or section 193a”.
The amendment failed by voice vote
Passed in the House 78 to 21 (details)
Motion to give immediate effect
by
The motion prevailed by voice vote
Referred to the Committee on Elections and Ethics
