HOUSE BILL NO. 6151
November 26, 2024, Introduced by Reps. Smit, Borton, Rigas and Tsernoglou and referred to the
Committee on Elections.
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.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 194. After the filing of a nominating petition or filing
2 fee by or in on behalf of a proposed candidate for any of the
3 offices named in section 191 of this act, such or for the office of
4 county commissioner, the candidate shall is not be permitted to
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1 withdraw unless a written notice of withdrawal is served on the
2 county clerk or his the county clerk's duly authorized agent not
3 later than 4 o'clock, eastern standard time, in the afternoon p.m.
4 of the third day after the last day for filing such the nominating
5 petition or filing fee , as in this act provided, unless the third
6 day falls on a Saturday, Sunday, or legal holiday, in which case
7 the notice of withdrawal may be served on the clerk up to 4
8 o'clock, eastern standard time, p.m. on the next secular day.
9 Sec. 195. If Subject to this section, if a candidate of a
10 political party for prosecuting attorney, sheriff, county clerk,
11 county treasurer, register of deeds, drain commissioner, coroner,
12 county commissioner, or surveyor, after having qualified as a
13 candidate, dies after the last day for qualifying, leaving the
14 political party without a candidate for that office, a replacement
15 candidate to fill the vacancy may be selected by the members of the
16 county executive committee of the candidate's political party, and
17 the name of the replacement candidate selected shall must be
18 transmitted to the county officials required by law to print and
19 distribute ballots. An individual selected as the replacement
20 candidate for the office of county commissioner must be a resident
21 and registered elector of the county commissioner district from
22 which the vacancy occurs. The name of the replacement candidate
23 shall must be printed on the ballots, but if the ballots have been
24 printed, the county officials shall must have the ballots reprinted
25 with the replacement candidate's name on the ballots and the
26 reprinted ballots shall must be distributed to the various voting
27 precincts within their the respective counties.
28 Sec. 198. (1) If a candidate of a political party files a
29 nominating petition or filing fee for a county office and has been
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1 nominated for the office by a political party, the candidate is not
2 permitted to withdraw unless he or she has moved the candidate
3 moves from the county or has become becomes physically unfit.
4 (2) If a candidate of a political party files a nominating
5 petition or filing fee for the office of county commissioner and
6 has been nominated for that office by a political party, the
7 candidate is not permitted to withdraw unless he or she has moved
8 the candidate moves from the county or from the district from which
9 he or she the candidate was nominated or has become becomes
10 physically unfit.
11 (3) If the person Subject to this subsection, if an individual
12 who has been nominated as the candidate of a political party for a
13 county office or the office of county commissioner dies before the
14 date of the election for that office, the county executive
15 committee of the political party whose candidate has died shall
16 select, by majority vote, a replacement candidate for that person.
17 individual. An individual selected as the replacement candidate for
18 the office of county commissioner must be a resident and registered
19 elector of the county commissioner district from which the vacancy
20 occurs. The name of the replacement candidate selected shall must
21 be transmitted to the election officials responsible for the
22 preparation and distribution of ballots, and the name of the
23 replacement shall candidate must be affixed to each ballot in place
24 of the name of the original candidate.
25 (4) A vacancy shall must not be filled by a county executive
26 committee except as provided in this section.
27 (5) This prohibition shall must not be construed to prohibit
28 the withdrawal of a candidate who was nominated without having
29 filed a nominating petition or filing fee and whose name has been
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1 written or placed on the ballot of a political party.
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Statutes affected:
House Introduced Bill: 168.194