AFFIDAVIT OF IDENTITY                                                                                                                                         S.B. 212:

                                                                                                                                                                      ANALYSIS AS ENACTED

Senate Bill 212 (as enacted)                                                                                 PUBLIC ACT 158 of 2021

Sponsor:   Senator Ruth Johnson

Senate Committee:   Elections

House Committee:   Elections and Ethics

Date Completed:   12-22-22

RATIONALE

Public Acts 653 and 654 of 2018 amended the Michigan Election Law to allow an individual to pay a filing fee instead of submitting a nominating petition to the appropriate clerk in order to appear on a primary election ballot. Before these amendments, an individual had to fill out a nominating petition, which included prescribed information, such as political affiliation. Some people indicated that certain information that was available on the nominating petition is no longer available to local clerks under the filing fee process, which posed a challenge for clerks when assessing how to place an individual on a ballot. To address this, it was suggested that the pertinent information be included in an affidavit of identity.

CONTENT

The bill amended the Michigan Election Law to do the following:

 --     Require an affidavit of identity to contain the title of the office sought, including the jurisdiction, district, circuit, or ward; the candidate's political party or a statement indicating no party affiliation if the candidate is running without political party affiliation; the term of office; and the date of the election in which the candidate wishes to appear on the ballot.

 --     Require an affidavit of identity for a candidate for a precinct delegation to include his or her precinct number on the affidavit.

 --     Require an affidavit of identity for a judicial candidate to include whether the office sought is an incumbent position, a nonincumbent position, or a new judgeship.

 --     Require an affidavit of identity to be signed and notarized.

 --     Require copies of an affidavit of identity to be sent to the county clerk or the Secretary of State (SOS) by first-class mail, as currently required, or by facsimile or electronic transmission.

The bill took effect on December 27, 2021.

Currently, when filing a nominating petition, qualifying petition, filing fee, or affidavit of candidacy for a Federal, county, State, city, township, village, metropolitan district, or school district office in any election, a candidate must file with the office with whom the petitions, fee, or affidavit is filed two copies of an affidavit of identity. A candidate nominated for a Federal, State, county, city, township, or village office at a political party convention or caucus must file an affidavit of identity with the SOS within one business day after being nominated. The affidavit of identity filing requirement does not apply to a candidate nominated for the office of President or Vice President of the United States.

An affidavit of identity must contain the candidate's name and residential address; a statement that the candidate is a citizen of the United States; a statement that the candidate meets the constitutional statutory qualifications for the office sought; other information that may be required to satisfy the office as to the identity of the candidate; and the manner in which the candidate