HOUSE BILL NO. 5791
June 06, 2024, Introduced by Reps. Maddock, Friske, DeSana and Carra and referred to the
Committee on Government Operations.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 93, 94, 98, 133, 134, and 138 (MCL 168.93,
168.94, 168.98, 168.133, 168.134, and 168.138), sections 93 and 133
as amended by 2012 PA 276.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 93. (1) In order for the name of a person an individual
2 as a candidate for nomination by a political party for the office
3 of United States senator Senator to appear under a particular party
STM 06299'24
 2
1 heading on the official primary ballot, a nominating petition shall
2 petitions must be filed with the secretary of state. The nominating
3 petition shall have been petitions must be signed by a number of
4 qualified and registered electors residing within in this state as
5 determined under section 544f. The nominating petition shall
6 petitions must be signed by at least 100 qualified and registered
7 electors in each of at least 1/2 of the congressional districts of
8 this state. Nominating petitions shall must be in the form as
9 prescribed in section 544c. Until December 31, 2013, the nominating
10 petition shall be filed with the secretary of state no later than 4
11 p.m. of the twelfth Tuesday before the August primary. Beginning
12 January 1, 2014, the The nominating petition shall petitions must
13 be filed with the secretary of state no later than 4 p.m. of the
14 fifteenth Tuesday before the August primary.
15 (2) In lieu of filing nominating petitions, a candidate for
16 the office of United States Senator may pay a nonrefundable filing
17 fee of $5,000.00 to the secretary of state. Payment of the filing
18 fee and certification of the name of the candidate paying the
19 filing fee are governed by the same provisions as in the case of
20 nominating petitions. The filing fee must be deposited in the
21 general fund of this state.
22 Sec. 94. After the filing of a nominating petition petitions
23 or a filing fee by or in on behalf of a proposed candidate for
24 United States senator, such Senator, the candidate shall is not be
25 permitted to withdraw unless a written notice of withdrawal is
26 served on the secretary of state or his a duly authorized agent of
27 the secretary of state not later than 4 o'clock, eastern standard
28 time, in the afternoon p.m. of the third day after the last day for
29 filing such nominating petitions or a filing fee.
STM 06299'24
 3
1 Sec. 98. When If a candidate of any political party has filed
2 a files nominating petition petitions or a filing fee for such
3 office United States Senator and has been is nominated for said the
4 office by said a political party, he shall that candidate is not be
5 permitted to withdraw unless he has removed the candidate moves
6 from the this state , or has become becomes physically unfit. No A
7 vacancy shall must not be filled by the state central committees
8 except for the causes and as herein specified : Provided, That this
9 in this section. However, this prohibition shall does not be
10 construed to prohibit the withdrawal of any candidate who has been
11 nominated without having filed a nominating petition petitions or a
12 filing fee and whose name has been written or placed on the ballot
13 of any political party.
14 Sec. 133. (1) In order for the name of a person an individual
15 as a candidate for nomination by a political party for the office
16 of representative Representative in congress Congress to appear
17 under a particular party heading on the official primary ballot in
18 the election precincts of a congressional district, a nominating
19 petition shall have been petitions must be signed by a number of
20 qualified and registered electors residing in the district as
21 determined under section 544f. Until December 31, 2013, if the
22 congressional district comprises more than 1 county, the nominating
23 petition shall be filed with the secretary of state no later than 4
24 p.m. of the twelfth Tuesday before the August primary. Beginning
25 January 1, 2014, if If the congressional district comprises more
26 than 1 county, the nominating petition shall petitions must be
27 filed with the secretary of state no later than 4 p.m. of the
28 fifteenth Tuesday before the August primary. Until December 31,
29 2013, if the congressional district is within 1 county, the
STM 06299'24
 4
1 nominating petition shall be filed with the county clerk of that
2 county no later than 4 p.m. of the twelfth Tuesday before the
3 August primary. Beginning January 1, 2014, if If the congressional
4 district is within 1 county, the nominating petition shall
5 petitions must be filed with the county clerk of that county no
6 later than 4 p.m. of the fifteenth Tuesday before the August
7 primary. Nominating petitions shall must be in the form as
8 prescribed in section 544c.
9 (2) If the congressional district comprises more than 1
10 county, in lieu of filing nominating petitions, a candidate for the
11 office of Representative in Congress may pay a nonrefundable filing
12 fee of $1,000.00 to the secretary of state. If the congressional
13 district is within 1 county, a candidate for the office of
14 Representative in Congress may pay a nonrefundable filing fee of
15 $1,000.00 to the county clerk of that county. Payment of the filing
16 fee and certification of the name of the candidate paying the
17 filing fee are governed by the same provisions as in the case of
18 nominating petitions. The filing fee filed with the secretary of
19 state must be deposited in the general fund of this state and the
20 filing fee deposited with a county clerk must be deposited in the
21 general fund of that county.
22 Sec. 134. After the filing of a nominating petition petitions
23 or a filing fee by or in on behalf of a proposed candidate for
24 representative Representative in congress, such Congress, the
25 candidate shall is not be permitted to withdraw unless a written
26 notice of withdrawal is served on the official with whom the
27 petition nominating petitions or filing fee was filed or his the
28 official's duly authorized agent not later than 4 o'clock, eastern
29 standard time, in the afternoon p.m. of the third day after the
STM 06299'24
 5
1 last day for filing such nominating petitions or a filing fee.
2 Sec. 138. When If a candidate of any political party has filed
3 a files nominating petition petitions or a filing fee for such
4 office Representative in Congress and has been is nominated for
5 said the office by said a political party, he shall the candidate
6 is not be permitted to withdraw unless he has removed the candidate
7 moves from the this state or has become becomes physically unfit. ;
8 no A vacancy shall must not be filled by the district or county
9 committees except for the causes and as herein specified :
10 Provided, That this in this section. However, this prohibition
11 shall does not be construed to prohibit the withdrawal of any
12 candidate who has been nominated without having filed a nominating
13 petition petitions or a filing fee and whose name has been written
14 or placed on the ballot of any political party.
STM Final Page 06299'24


Statutes affected:
House Introduced Bill: 168.93