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HOUSE BILL NO. 6109
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 53, 54, 58, 93, 94, 98, 133, 134, 138, 409a,
409b, 409c, 409d, 412, 413, 414, 415, 424a, 432, 433, 434, 435,
467a, 467b, 467d, 467e, 590, 590b, 590c, 590f, and 590g (MCL
168.53, 168.54, 168.58, 168.93, 168.94, 168.98, 168.133, 168.134,
168.138, 168.409a, 168.409b, 168.409c, 168.409d, 168.412, 168.413,
168.414, 168.415, 168.424a, 168.432, 168.433, 168.434, 168.435,
June 18, 2026, Introduced by Reps. Maddock, Fox, Rigas, Cavitt, Smit, Schuette, Robinson and
Woolford and referred to Committee on Election Integrity.
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168.467a, 168.467b, 168.467d, 168.467e, 168.590, 168.590b,
168.590c, 168.590f, and 168.590g), sections 53, 93, and 133 as
amended by 2012 PA 276, sections 409b, 413, 433, 467a, and 467b as
amended by 2018 PA 120, sections 409c, 414, 424a, 434, and 467d as
amended by 1999 PA 218, sections 409d, 415, 435, and 467e as
amended by 1990 PA 32, sections 590, 590c, and 590g as added by
1988 PA 116, section 590b as amended by 1990 PA 329, and section
590f as amended by 2002 PA 163.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 53. (1) To obtain the printing of the name of a person an 1
individual as a candidate for nomination by a political party for 2
the office of governor under a particular political party heading 3
upon on the official primary ballots, there shall must be filed 4
with the secretary of state nominating petitions signed by a number 5
of qualified and registered electors residing in this state as 6
determined under section 544f. Nominating petitions shall must be 7
signed by at least 100 registered resident electors in each of at 8
least 1/2 of the congressional districts of the this state. 9
Nominating petitions shall must be in the form as prescribed in 10
section 544c. Until December 31, 2013, nominating petitions shall 11
be received by the secretary of state for filing in accordance with 12
this act up to 4 p.m. of the twelfth Tuesday before the August 13
primary. Beginning January 1, 2014, nominating Nominating petitions 14
shall must be received by the secretary of state for filing in 15
accordance with this act up to 4 p.m. of the fifteenth Tuesday 16
before the August primary. 17
(2) In lieu of filing nominating petitions, a candidate for 18
the office of governor may pay a nonrefundable filing fee of 19
$15,000.00 to the secretary of state. Payment of the filing fee and 20
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certification of the name of the candidate paying the filing fee 1
are governed by the same provisions as in the case of nominating 2
petitions. The filing fee must be deposited in the general fund of 3
this state. 4
Sec. 54. After the filing of a nominating petition petitions 5
or the payment of a filing fee by or in on behalf of a proposed 6
candidate for governor, such the candidate shall is not be 7
permitted to withdraw unless a written notice of withdrawal is 8
served on the secretary of state or his duly the secretary of 9
state's authorized agent not later than 4 p.m. , eastern standard 10
time, of the third day after the last day for the filing such of 11
nominating petitions or the payment of a filing fee. 12
Sec. 58. When If a candidate of any political party for the 13
office of governor has filed a files nominating petition petitions 14
or pays a filing fee for such the office and has been nominated for 15
said the office by said a political party, he shall that candidate 16
is not be permitted to withdraw unless he has removed the candidate 17
moves from the this state , or has become becomes physically unfit. 18
This prohibition shall does not be construed to prohibit the 19
withdrawal of any candidate who has been is nominated without 20
having filed a nominating petition petitions or paid a filing fee 21
and whose name has been is written or placed on the ballot of any 22
political party. 23
Sec. 93. (1) In order for the name of a person an individual 24
as a candidate for nomination by a political party for the office 25
of United States senator Senator to appear under a particular 26
political party heading on the official primary ballot, a 27
nominating petition shall petitions must be filed with the 28
secretary of state. The nominating petition shall have been 29
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petitions must be signed by a number of qualified and registered 1
electors residing within in this state as determined under section 2
544f. The nominating petition shall petitions must be signed by at 3
least 100 qualified and registered electors in each of at least 1/2 4
of the congressional districts of this state. Nominating petitions 5
shall must be in the form as prescribed in section 544c. Until 6
December 31, 2013, the nominating petition shall be filed with the 7
secretary of state no later than 4 p.m. of the twelfth Tuesday 8
before the August primary. Beginning January 1, 2014, the The 9
nominating petition shall petitions must be filed with the 10
secretary of state no later than 4 p.m. of the fifteenth Tuesday 11
before the August primary. 12
(2) In lieu of filing nominating petitions, a candidate for 13
the office of United States Senator may pay a nonrefundable filing 14
fee of $15,000.00 to the secretary of state. Payment of the filing 15
fee and certification of the name of the candidate paying the 16
filing fee are governed by the same provisions as in the case of 17
nominating petitions. The filing fee must be deposited in the 18
general fund of this state. 19
Sec. 94. After the filing of a nominating petition petitions 20
or the payment of a filing fee by or in on behalf of a proposed 21
candidate for United States senator, such Senator, the candidate 22
shall is not be permitted to withdraw unless a written notice of 23
withdrawal is served on the secretary of state or his duly the 24
secretary of state's authorized agent not later than 4 o'clock, 25
eastern standard time, in the afternoon p.m. of the third day after 26
the last day for the filing such of nominating petitions or the 27
payment of a filing fee. 28
Sec. 98. When If a candidate of any political party has filed 29
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a files nominating petition petitions or pays a filing fee for such 1
office United States Senator and has been is nominated for said the 2
office by said a political party, he shall that candidate is not be 3
permitted to withdraw unless he has removed the candidate moves 4
from the this state , or has become becomes physically unfit. No A 5
vacancy shall must not be filled by the state central committees 6
except for the causes and as herein specified : Provided, That this 7
in this section. However, this prohibition shall does not be 8
construed to prohibit the withdrawal of any candidate who has been 9
is nominated without having filed a nominating petition petitions 10
or paid a filing fee and whose name has been is written or placed 11
on the ballot of any political party. 12
Sec. 133. (1) In order for the name of a person an individual 13
as a candidate for nomination by a political party for the office 14
of representative Representative in congress Congress to appear 15
under a particular political party heading on the official primary 16
ballot in the election precincts of a congressional district, a 17
nominating petition shall have been petitions must be signed by a 18
number of qualified and registered electors residing in the 19
district as determined under section 544f. Until December 31, 2013, 20
if the congressional district comprises more than 1 county, the 21
nominating petition shall be filed with the secretary of state no 22
later than 4 p.m. of the twelfth Tuesday before the August primary. 23
Beginning January 1, 2014, if If the congressional district 24
comprises more than 1 county, the nominating petition shall 25
petitions must be filed with the secretary of state no later than 4 26
p.m. of the fifteenth Tuesday before the August primary. Until 27
December 31, 2013, if the congressional district is within 1 28
county, the nominating petition shall be filed with the county 29
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clerk of that county no later than 4 p.m. of the twelfth Tuesday 1
before the August primary. Beginning January 1, 2014, if If the 2
congressional district is within 1 county, the nominating petition 3
shall petitions must be filed with the county clerk of that county 4
no later than 4 p.m. of the fifteenth Tuesday before the August 5
primary. Nominating petitions shall must be in the form as 6
prescribed in section 544c. 7
(2) If the congressional district comprises more than 1 8
county, in lieu of filing nominating petitions, a candidate for the 9
office of Representative in Congress may pay a nonrefundable filing 10
fee of $1,000.00 to the secretary of state. If the congressional 11
district is within 1 county, in lieu of filing nominating 12
petitions, a candidate for the office of Representative in Congress 13
may pay a nonrefundable filing fee of $1,000.00 to the county clerk 14
of that county. Payment of the filing fee and certification of the 15
name of the candidate paying the filing fee are governed by the 16
same provisions as in the case of nominating petitions. The filing 17
fee paid to the secretary of state must be deposited in the general 18
fund of this state, and the filing fee paid to a county clerk must 19
be deposited in the general fund of that county. 20
Sec. 134. After the filing of a nominating petition petitions 21
or the payment of a filing fee by or in on behalf of a proposed 22
candidate for representative Representative in congress, such 23
Congress, the candidate shall is not be permitted to withdraw 24
unless a written notice of withdrawal is served on the official 25
with whom the petition was nominating petitions were filed or the 26
filing fee was paid, or his duly the official's authorized agent, 27
not later than 4 o'clock, eastern standard time, in the afternoon 28
p.m. of the third day after the last day for the filing such of 29
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nominating petitions or the payment of a filing fee. 1
Sec. 138. When If a candidate of any political party has filed 2
a files nominating petition petitions or pays a filing fee for such 3
office Representative in Congress and has been is nominated for 4
said the office by said a political party, he shall that candidate 5
is not be permitted to withdraw unless he has removed the candidate 6
moves from the this state or has become becomes physically unfit. ; 7
no A vacancy shall must not be filled by the district or county 8
committees except for the causes and as herein specified : 9
Provided, That this in this section. However, this prohibition 10
shall does not be construed to prohibit the withdrawal of any 11
candidate who has been is nominated without having filed a 12
nominating petition petitions or paid a filing fee and whose name 13
has been is written or placed on the ballot of any political party. 14
Sec. 409a. A general nonpartisan primary election shall must 15
be held in every appellate court district of this state on the 16
Tuesday succeeding after the first Monday in August preceding 17
before every general November election in which judges of the court 18
of appeals are to be elected, at which time the qualified and 19
registered electors may vote for nonpartisan candidates for the 20
office of judge of the court of appeals. : Provided, however, That 21
if, If, upon expiration of the time for filing nominating petitions 22
or paying a filing fee for the primary election of said the judge 23
of the court of appeals in any appellate court district, it shall 24
appear appears that there are not to exceed twice the number of 25
candidates as there are persons individuals to be elected, then the 26
secretary of state shall certify to the county board or boards of 27
election commissioners the names of such the candidates for court 28
of appeals judge whose nominating petitions, filing fee fees, or 29
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affidavit affidavits of candidacy have been properly filed or paid, 1
and such those candidates shall be are the nominees for judge of 2
the court of appeals and shall must be so certified. As to such 3
that office, there shall must not be no a primary election and this 4
office shall must be omitted from the judicial primary ballot. 5
Sec. 409b. (1) To obtain the printing of the name of a 6
qualified person individual other than an incumbent judge of the 7
court of appeals as a candidate for nomination for the office of 8
judge of the court of appeals upon on the official nonpartisan 9
primary ballots, there must be filed with the secretary of state 10
nominating petitions containing the signatures, addresses, and 11
dates of signing of a number of qualified and registered electors 12
residing in the appellate court district as determined under 13
section 544f. The provisions of sections 544a and 544b apply. The 14
secretary of state shall receive nominating petitions up to 4 p.m. 15
on the fifteenth Tuesday before the primary. In lieu of filing 16
nominating petitions, a candidate for the office of judge of the 17
court of appeals may pay a nonrefundable filing fee to the 18
secretary of state in a dollar amount equal to the minimum number 19
of nominating petition signatures required for this office. Payment 20
of the filing fee and certification of the name of the candidate 21
paying the filing fee are governed by the same provisions as in the 22
case of nominating petitions. The filing fee must be deposited in 23
the general fund of this state. 24
(2) Nominating petitions filed or filing fees paid under this 25
section are valid only if they the candidate clearly indicate 26
indicates for which of the following offices the candidate is 27
filing, consistent with subsection (8): 28
(a) An unspecified existing judgeship for which the incumbent 29
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judge is seeking election. 1
(b) An unspecified existing judgeship for which the incumbent 2
judge is not seeking election. 3
(c) A new judgeship. 4
(3) Nominating petitions specifying a new or existing court of 5
appeals judgeship may not be used to qualify a candidate for 6
another judicial office of the same court in the same judicial 7
district. A person An individual who files nominating petitions or 8
pays a filing fee for election to more than 1 court of appeals 9
judgeship has not more than 3 days following after the close of 10
filing to withdraw from all but 1 filing. 11
(4) In a primary and general election for 2 or more judgeships 12
where more than 1 of the categories in subsection (2) could be 13
selected, a candidate shall apply to the bureau of elections for a 14
written statement of office designation to correspond to the 15
judgeship sought by the candidate. The office designation provided 16
by the secretary of state must be included in the heading of all 17
nominating petitions. Nominating petitions containing an improper 18
office designation are invalid. 19
(5) The secretary of state shall issue an office designation 20
of incumbent position for any judgeship for which the incumbent 21
judge is eligible to seek reelection. If an incumbent judge does 22
not file an affidavit of candidacy by the deadline, the secretary 23
of state shall notify all candidates for that office that a 24
nonincumbent position exists. All nominating petitions circulated 25
for the nonincumbent position subsequent to the deadline must bear 26
an office designation of nonincumbent position. All signatures 27
collected before the affidavit of candidacy filing deadline may be 28
filed with the nonincumbent nominating petitions. 29
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(6) An incumbent judge of the court of appeals may become a 1
candidate in the primary election for the office of which he or she 2
the individual is the incumbent by filing with the secretary of 3
state an affidavit of candidacy not less than 134 days before the 4
date of the primary election. However, if an incumbent judge of the 5
court of appeals was appointed to fill a vacancy and the judge 6
entered upon the duties of the office less than 137 days before the 7
date of the primary election but before the fifteenth Tuesday 8
before the primary election, the incumbent judge may file the 9
affidavit of candidacy not more than 3 days after entering upon the 10
duties of office. The affidavit of candidacy must contain 11
statements that the affiant is an incumbent judge of the court of 12
appeals, is domiciled within the district, will not attain the age 13
of 70 by the date of election, and is a candidate for election to 14
the office of judge of the court of appeals. 15
(7) In the primary and general November election for 2 or more 16
judgeships of the court of appeals in a judicial district, each of 17
the following categories of candidates must be listed separately on 18
the ballot, consistent with subsection (8): 19
(a) The names of candidates for the judgeship or judgeships 20
for which the incumbent is seeking election. 21
(b) The names of candidates for the judgeship or judgeships 22
for which the incumbent is not seeking election. 23
(c) The names of candidates for a newly created judgeship or 24
judgeships. 25
(8) If the death or disqualification of an incumbent judge 26
triggers the application of section 409d(2), then for the purposes 27
of subsections (2) and (7), that judgeship must be regarded as a 28
judgeship for which the incumbent judge is not seeking election. 29
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The application of this subsection includes, but is not limited to, 1
circumstances in which the governor appoints an individual to fill 2
the vacancy and that individual seeks to qualify as a nominee under 3
section 409d(2). 4
Sec. 409c. After the filing of a nominating petition 5
petitions, paying a filing fee, or filing an affidavit of candidacy 6
by or in on behalf of a proposed candidate for the office of judge 7
of the court of appeals, the proposed candidate is not permitted to 8
withdraw unless he or she the candidate serves a written notice of 9
withdrawal on the secretary of state or his or her duly the 10
secretary of state's authorized agent. The notice must be served 11
not later than 3 days after the last day for filing nominating 12
petitions or paying a filing fee if a nominating petition was 13
petitions were filed or a filing fee was paid for the proposed 14
candidate, and not later than 3 days after the last day for filing 15
affidavits of candidacy if an affidavit of candidacy was filed for 16
the proposed candidate. If the third day falls on a Saturday, 17
Sunday, or legal holiday, the notice of withdrawal may be served on 18
the secretary of state or his or her duly the secretary of state's 19
authorized agent at any time on or before 4 p.m. , eastern standard 20
time, on the next secular day. 21
Sec. 409d. (1) In each appellate court district the candidates 22
for office of judge of the court of appeals receiving the largest 23
number of votes at any primary election, to a number equal to twice 24
the number of persons individuals to be elected as set forth in the 25
report of the board of state canvassers, based on the returns from 26
the various boards of county canvassers and election precincts, or 27
as determined by the board of state canvassers as the result of a 28
recount, shall must be declared the nominees for the office at the 29
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next general November election. The board of state canvassers shall 1
certify the nomination to the county election commissions. 2
(2) If, after the deadline for filing nominating petitions or 3
paying a filing fee under section 409b, there are fewer candidates 4
for nomination or nominees for the office of judge of the court of 5
appeals than there are persons individuals to be elected at the 6
general November election because of the death or disqualification 7
of a candidate more than 65 days before the general November 8
election, then a person, an individual, whether or not an 9
incumbent, may qualify as a nominee for that office at the general 10
November election by filing nominating petitions or paying a filing 11
fee as required by section 409b. However, the filing shall or 12
payment must be made before 4 p.m. on the twenty-first day 13
following after the death or disqualification of the candidate or 4 14
p.m. on the sixtieth day preceding before the general November 15
election, whichever is earlier, and the minimum number of 16
nominating petition signatures required is 1,000 or 1/2 the minimum 17
number required under section 409b, whichever is less. 18
(3) The secretary of state shall certify the nomination of 19
each person individual who qualifies as a nominee under subsection 20
(2) to the board of election commissioners of each county in the 21
appellate court district for the general November election. 22
Sec. 412. A general nonpartisan primary election shall must be 23
held in every county of this state on the Tuesday succeeding after 24
the first Monday in August prior to before the general election at 25
which judges of the circuit court are elected, at which time the 26
qualified and registered electors may vote for nonpartisan 27
candidates for the office of judge of the circuit court. If, upon 28
the expiration of the time for filing nominating petitions, paying 29
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filing fees, or incumbency filing affidavits of candidacy for the 1
primary election of said the judge of the circuit court in any 2
judicial circuit, it shall appear appears that there are not to 3
exceed twice the number of candidates as there are persons 4
individuals to be elected, then the secretary of state shall 5
certify to the county board of election commissioners the name of 6
such the candidate for circuit court judge whose nominating 7
petitions, filing fee, or affidavits have affidavit of candidacy 8
has been properly filed or paid, and such that candidate shall be 9
is the nominee for the judge of the circuit court and shall must be 10
so certified. As to such that office, there shall must not be no a 11
primary election and this office shall must be omitted from the 12
judicial primary ballot. 13
Sec. 413. (1) To obtain the printing of the name of a person 14
an individual as a candidate for nomination for the office of judge 15
of the circuit court upon on the official nonpartisan primary 16
ballots, there must be filed with the secretary of state nominating 17
petitions containing the signatures, addresses, and dates of 18
signing of a number of qualified and registered electors residing 19
in the judicial circuit as determined under section 544f or by the 20
filing of an affidavit of candidacy according to section 413a. The 21
secretary of state shall receive the nominating petitions up to 4 22
p.m. of the fifteenth Tuesday before the primary. The provisions of 23
sections 544a and 544b apply. In lieu of filing nominating 24
petitions, a candidate for the office of judge of the circuit court 25
may pay a nonrefundable filing fee to the secretary of state in a 26
dollar amount equal to the minimum number of nominating petition 27
signatures required for this office. Payment of the filing fee and 28
certification of the name of the candidate paying the filing fee 29
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are governed by the same provisions as in the case of nominating 1
petitions. The filing fee must be deposited in the general fund of 2
this state. 3
(2) If a candidate for nomination for the office of judge of 4
the circuit court receives incorrect or inaccurate written 5
information from the secretary of state or the bureau of elections 6
concerning the number of nominating petition signatures required 7
under section 544f and that incorrect or inaccurate written 8
information is published or distributed by the secretary of state 9
or the bureau of elections, the candidate may bring an action in a 10
court of competent jurisdiction for equitable relief. A court may 11
grant equitable relief to a candidate under this subsection if all 12
of the following occur: 13
(a) The candidate brings the action for equitable relief 14
within 6 days after the candidate is notified by the secretary of 15
state or the bureau of elections that the candidate's nominating 16
petition contains insufficient signatures. 17
(b) The candidate files an affidavit certifying that he or she 18
the candidate contacted and received from the secretary of state or 19
the bureau of elections incorrect or inaccurate written information 20
concerning the number of nominating petition signatures required 21
under section 544f. 22
(c) The secretary of state or the bureau of elections 23
published or distributed the incorrect or inaccurate written 24
information concerning the number of nominating petition signatures 25
required under section 544f before the filing deadline under 26
subsection (1). 27
(d) The secretary of state or bureau of elections did not 28
inform the candidate at least 14 days before the filing deadline 29
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under subsection (1) that incorrect or inaccurate written 1
information concerning the number of nominating petition signatures 2
required under section 544f had been published or distributed. 3
(3) If a court grants equitable relief to a candidate under 4
subsection (2), the candidate must be given the opportunity to 5
obtain additional nominating petition signatures to meet the 6
requirements under section 544f. The additional nominating petition 7
signatures obtained by a candidate must be filed with the secretary 8
of state no later than 4 p.m. on the fifth business day after the 9
date that the court order granting equitable relief is filed. 10
(4) The nominating petition signatures filed under this 11
section are subject to challenge as provided in section 552. 12
Sec. 414. After the filing of a nominating petition petitions, 13
paying a filing fee, or filing an affidavit of candidacy by or in 14
on behalf of a proposed candidate for the office of judge of the 15
circuit court, the proposed candidate is not permitted to withdraw 16
unless he or she the candidate serves a written notice of 17
withdrawal on the secretary of state or his or her duly the 18
secretary of state's authorized agent. The notice must be served 19
not later than 3 days after the last day for filing nominating 20
petitions or paying a filing fee if a nominating petition was 21
petitions were filed or a filing fee was paid for the proposed 22
candidate, and not later than 3 days after the last day for filing 23
affidavits of candidacy if an affidavit of candidacy was filed for 24
the proposed candidate. If the third day falls on a Saturday, 25
Sunday, or legal holiday, the notice of withdrawal may be served on 26
the secretary of state or his or her duly the secretary of state's 27
authorized agent at any time on or before 4 p.m. , eastern standard 28
time, on the next secular day. 29
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Sec. 415. (1) The candidates for the office of judge of the 1
circuit court receiving the largest number of votes at any primary 2
election, to a number equal to twice the number of persons 3
individuals to be elected as set forth in the report of the board 4
of state canvassers, based on the returns from the various county 5
boards of canvassers and election precincts or as determined by the 6
board of state canvassers as the result of a recount, shall must be 7
declared the nominees for the office at the next general election. 8
The board of state canvassers shall certify the nomination to the 9
county election commissions. 10
(2) If, after the deadline for filing nominating petitions or 11
paying a filing fee under section 413, there are fewer candidates 12
for nomination or nominees for the office of judge of the circuit 13
court than there are persons individuals to be elected at the 14
general November election because of the death or disqualification 15
of a candidate more than 65 days before the general November 16
election, then a person, an individual, whether or not an 17
incumbent, may qualify as a nominee for that office at the general 18
November election by filing nominating petitions or paying a filing 19
fee as required by section 413. However, the filing shall or 20
payment must be made before 4 p.m. on the twenty-first day 21
following after the death or disqualification of the candidate or 4 22
p.m. on the sixtieth day preceding the general November election, 23
whichever is earlier, and the minimum number of nominating petition 24
signatures required is 1,000 or 1/2 the minimum number required 25
under section 413, whichever is less. 26
(3) The secretary of state shall certify the nomination of 27
each person individual who qualifies as a nominee under subsection 28
(2) to the board of election commissioners specified by section 687 29
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for the general November election. 1
Sec. 424a. (1) In the primary and general election for 2 or 2
more judgeships of the circuit court, each of the following 3
categories of candidates shall must be listed separately on the 4
ballot, consistent with subsection (3): 5
(a) The names of candidates for the judgeship or judgeships 6
for which the incumbent is seeking election. 7
(b) The names of candidates for an existing judgeship or 8
judgeships for which the incumbent is not seeking election. 9
(c) The names of candidates for a newly created judgeship or 10
judgeships. 11
(2) Nominating petitions filed or filing fees paid under 12
section 413 are valid only if they the candidate clearly indicate 13
indicates for which of the following offices the candidate is 14
filing, consistent with subsection (3): 15
(a) An unspecified existing judgeship for which the incumbent 16
judge is not seeking election. 17
(b) A new judgeship. 18
(c) An unspecified existing judgeship for which the incumbent 19
judge is seeking election. 20
(3) If the death or disqualification of an incumbent judge 21
triggers the application of section 415(2), then for the purposes 22
of subsections (1) and (2), that judgeship shall must be regarded 23
as a judgeship for which the incumbent judge is not seeking 24
election. The application of this subsection includes, but is not 25
limited to, circumstances in which the governor appoints an 26
individual to fill the vacancy and that individual seeks to qualify 27
as a nominee under section 415(2). 28
(4) A person An individual who files nominating petitions or 29
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pays a filing fee for election to more than 1 circuit judgeship 1
shall have has not more than 3 days following after the close of 2
filing to withdraw from all but 1 filing. 3
(5) In a primary and general election for 2 or more judgeships 4
where more than 1 of the categories in subsection (2) could be 5
selected, a candidate shall apply to the bureau of elections for a 6
written statement of office designation to correspond to the 7
judgeship sought by the candidate. The office designation provided 8
by the secretary of state shall must be included in the heading of 9
all nominating petitions. Nominating petitions containing an 10
improper office designation are invalid. 11
(6) The secretary of state shall issue an office designation 12
of incumbent position for any judgeship for which the incumbent 13
judge is eligible to seek reelection. If an incumbent judge does 14
not file an affidavit of candidacy by the deadline, the secretary 15
of state shall notify all candidates for that office that a 16
nonincumbent position exists. All nominating petitions circulated 17
for the nonincumbent position subsequent to the deadline shall must 18
bear an office designation of nonincumbent position. All signatures 19
collected prior to before the affidavit of candidacy filing 20
deadline may be filed with the nonincumbent nominating petitions. 21
Sec. 432. A general nonpartisan primary election shall must be 22
held in every county of this state on the Tuesday succeeding after 23
the first Monday in August preceding before every general November 24
election at which judges of probate are to be elected, at which 25
time the qualified and registered electors may vote for nonpartisan 26
candidates for the office of judge of probate. If upon the 27
expiration of the time for filing nominating petitions, paying 28
filing fees, or incumbency filing affidavits of candidacy for the 29
19
STM H04040'25 *_HB6109_INTR_1 cyp0fi
primary election of said the probate judges in any county it shall 1
appear appears that there are not to exceed twice the number of 2
candidates as there are persons individuals to be elected, then the 3
county clerk shall certify to the county board of election 4
commissioners the name of such the candidate for probate judge 5
whose nominating petitions, filing fee, or affidavit of candidacy 6
have been properly filed or paid and such that candidate shall be 7
is the nominee for the judge of probate and shall must be so 8
certified. As to such that office, there shall must not be no a 9
primary election and this office shall must be omitted from the 10
judicial primary ballot. 11
Sec. 433. (1) Except as otherwise provided in this subsection, 12
to obtain the printing of the name of a person an individual as a 13
candidate for nomination for the office of judge of probate upon on 14
the official nonpartisan primary ballots, there must be filed with 15
the county clerk of each county nominating petitions containing the 16
signatures, addresses, and dates of signing of a number of 17
qualified and registered electors residing in the county as 18
determined under section 544f or by the filing of an affidavit of 19
candidacy according to section 433a. In the case of a probate court 20
district, to obtain the printing of the name of a person an 21
individual as a candidate for nomination for the office of judge of 22
probate upon on the official nonpartisan primary ballots, there 23
must be filed with the secretary of state nominating petitions 24
containing the signatures, addresses, and dates of signing of a 25
number of qualified and registered electors residing in the probate 26
court district as determined under section 544f or by the filing of 27
an affidavit of candidacy according to section 433a. The county 28
clerk or, in the case of a probate court district, the secretary of 29
20
STM H04040'25 *_HB6109_INTR_1 cyp0fi
state shall receive nominating petitions up to 4 p.m. on the 1
fifteenth Tuesday before the August primary. The provisions of 2
sections 544a and 544b apply. Except as otherwise provided in this 3
subsection, in lieu of filing nominating petitions, a candidate for 4
the office of judge of probate may pay a nonrefundable filing fee 5
to the county clerk of that county in a dollar amount equal to the 6
minimum number of nominating petition signatures required for this 7
office. In a probate court district, in lieu of filing nominating 8
petitions, a candidate for the office of judge of probate may pay a 9
nonrefundable filing fee to the secretary of state in a dollar 10
amount equal to the minimum number of nominating petition 11
signatures required for this office. Payment of the filing fee and 12
certification of the name of the candidate paying the filing fee 13
are governed by the same provisions as in the case of nominating 14
petitions. The filing fee paid to the secretary of state must be 15
deposited in the general fund of this state, and the filing fee 16
paid to a county clerk must be deposited in the general fund of 17
that county. 18
(2) Nominating petitions filed or filing fees paid under this 19
section are valid only if they the candidate clearly indicate 20
indicates for which of the following offices the candidate is 21
filing, consistent with section 435a(2): 22
(a) An unspecified existing judgeship for which the incumbent 23
judge is seeking election. 24
(b) An unspecified existing judgeship for which the incumbent 25
judge is not seeking election. 26
(c) A new judgeship. 27
(3) A person An individual who files nominating petitions or 28
pays a filing fee for election to more than 1 probate judgeship has 29
21
STM H04040'25 *_HB6109_INTR_1 cyp0fi
not more than 3 days following after the close of filing to 1
withdraw from all but 1 filing. 2
(4) In a primary and general election for 2 or more judgeships 3
where more than 1 of the categories in subsection (2) could be 4
selected, a candidate shall apply to the bureau of elections for a 5
written statement of office designation to correspond to the 6
judgeship sought by the candidate. The office designation provided 7
by the secretary of state must be included in the heading of all 8
nominating petitions. Nominating petitions containing an improper 9
office designation are invalid. 10
(5) The secretary of state shall issue an office designation 11
of incumbent position for any judgeship for which the incumbent 12
judge is eligible to seek reelection. If an incumbent judge does 13
not file an affidavit of candidacy by the deadline, the secretary 14
of state shall notify all candidates for that office that a 15
nonincumbent position exists. All nominating petitions circulated 16
for the nonincumbent position after the deadline must bear an 17
office designation of nonincumbent position. All signatures 18
collected before the affidavit of candidacy filing deadline may be 19
filed with the nonincumbent nominating petitions. 20
(6) If a candidate for nomination for the office of judge of 21
probate receives incorrect or inaccurate written information from 22
the county clerk or, in the case of a probate court district, the 23
secretary of state concerning the number of nominating petition 24
signatures required under section 544f and that incorrect or 25
inaccurate written information is published or distributed by the 26
county clerk or, in the case of a probate court district, the 27
secretary of state, the candidate may bring an action in a court of 28
competent jurisdiction for equitable relief. A court may grant 29
22
STM H04040'25 *_HB6109_INTR_1 cyp0fi
equitable relief to a candidate under this subsection if all of the 1
following occur: 2
(a) The candidate brings the action for equitable relief 3
within 6 days after the candidate is notified by the county clerk 4
or, in the case of a probate court district, the secretary of state 5
that the candidate's nominating petition contains petitions contain 6
insufficient signatures. 7
(b) The candidate files an affidavit certifying that he or she 8
the candidate contacted and received from the county clerk or, in 9
the case of a probate court district, the secretary of state 10
incorrect or inaccurate written information concerning the number 11
of nominating petition signatures required under section 544f. 12
(c) The county clerk or, in the case of a probate court 13
district, the secretary of state published or distributed the 14
incorrect or inaccurate written information concerning the number 15
of nominating petition signatures required under section 544f 16
before the filing deadline under subsection (1). 17
(d) The county clerk or, in the case of a probate court 18
district, the secretary of state did not inform the candidate at 19
least 14 days before the filing deadline under subsection (1) that 20
incorrect or inaccurate written information concerning the number 21
of nominating petition signatures required under section 544f had 22
been published or distributed. 23
(7) If a court grants equitable relief to a candidate under 24
subsection (6), the candidate must be given the opportunity to 25
obtain additional nominating petition signatures to meet the 26
requirements under section 544f. The additional nominating petition 27
signatures obtained by a candidate must be filed with the county 28
clerk or, in the case of a probate court district, the secretary of 29
23
STM H04040'25 *_HB6109_INTR_1 cyp0fi
state no later than 4 p.m. on the fifth business day after the date 1
that the court order granting equitable relief is filed. 2
(8) The nominating petition signatures filed under this 3
section are subject to challenge as provided in section 552. 4
Sec. 434. After the filing of a nominating petition petitions, 5
paying a filing fee, or filing an affidavit of candidacy by or in 6
on behalf of a proposed candidate for the office of judge of 7
probate, the proposed candidate is not permitted to withdraw unless 8
he or she the candidate serves a written notice of withdrawal on 9
the secretary of state or his or her duly the secretary of state's 10
authorized agent. The notice must be served not later than 3 days 11
after the last day for filing nominating petitions or paying a 12
filing fee if a nominating petition was petitions were filed or a 13
filing fee was paid for the proposed candidate, and not later than 14
3 days after the last day for filing affidavits of candidacy if an 15
affidavit of candidacy was filed for the proposed candidate. If the 16
third day falls on a Saturday, Sunday, or legal holiday, the notice 17
of withdrawal may be served on the secretary of state or his or her 18
duly the secretary of state's authorized agent at any time on or 19
before 4 p.m. , eastern standard time, on the next secular day. 20
Sec. 435. (1) The candidates for the office of judge of 21
probate receiving the largest number of votes at any primary 22
election, to a number equal to twice the number of places to be 23
filled as set forth in the report of the board of county 24
canvassers, based on the returns from the various election 25
precincts or as determined by the board of county canvassers as the 26
result of a recount, shall must be declared the nominees for the 27
office at the next November election. The board of county 28
canvassers shall certify the nominations to the county election 29
24
STM H04040'25 *_HB6109_INTR_1 cyp0fi
commission. 1
(2) If, after the deadline for filing nominating petitions or 2
paying a filing fee under section 433, there are fewer candidates 3
for nomination or nominees for the office of judge of probate than 4
there are persons individuals to be elected because of the death or 5
disqualification of a candidate more than 65 days before the 6
general November election, then a person, an individual, whether or 7
not an incumbent, may qualify as a nominee for that office at the 8
general November election by filing nominating petitions or paying 9
a filing fee with the county clerk or, in case of a probate 10
district, with the secretary of state in the manner required by 11
section 433. However, the filing shall or payment must be made 12
before 4 p.m. on the twenty-first day following after the death or 13
disqualification of the candidate or 4 p.m. on the sixtieth day 14
preceding before the general November election, whichever is 15
earlier, and the minimum number of nominating petition signatures 16
required is 1,000 or 1/2 the minimum number required under section 17
433, whichever is less. 18
(3) The county clerk or, in case of a probate district, the 19
secretary of state shall certify the nomination of each person 20
individual who qualifies as a nominee under subsection (2) to the 21
board of election commissioners specified by section 687 for the 22
general November election. 23
Sec. 467a. A general nonpartisan primary election must be held 24
in every district and election division of this state on the 25
Tuesday after the first Monday in August before the general 26
election at which judges of the district court are elected, at 27
which time the qualified and registered electors may vote for 28
nonpartisan candidates for judge of the district court. If upon the 29
25
STM H04040'25 *_HB6109_INTR_1 cyp0fi
expiration of the time for filing nominating petitions, paying 1
filing fees, or filing affidavits of candidacy for the primary 2
election of the judge of the district court in any district or 3
election division, it appears that there are not to exceed twice 4
the number of candidates as there are persons individuals to be 5
elected, the secretary of state shall certify to the county board 6
of election commissioners the name names of those candidates for 7
district court judge whose nominating petitions, filing fees, or 8
affidavits of candidacy have been properly filed or paid and those 9
candidates are the nominees for the judge of the district court and 10
must be so certified. As to that office, there must not be a 11
primary election and this office must be omitted from the judicial 12
primary ballot. 13
Sec. 467b. (1) To obtain the printing of the name of a person 14
an individual as a candidate for nomination for the office of judge 15
of the district court upon on the official nonpartisan primary 16
ballots, there must be filed with the secretary of state nominating 17
petitions containing the signatures, addresses, and dates of 18
signing of a number of qualified and registered electors residing 19
in the judicial district or division as determined under section 20
544f. An incumbent district court judge may also become a candidate 21
by the filing of an affidavit of candidacy in lieu of nominating 22
petitions according to section 467c. The secretary of state shall 23
receive nominating petitions up to 4 p.m. on the fifteenth Tuesday 24
before the primary. The provisions of sections 544a and 544b apply. 25
In lieu of filing nominating petitions, a candidate for the office 26
of judge of the district court may pay a nonrefundable filing fee 27
to the secretary of state in a dollar amount equal to the minimum 28
number of nominating petition signatures required for this office. 29
26
STM H04040'25 *_HB6109_INTR_1 cyp0fi
Payment of the filing fee and certification of the name of the 1
candidate paying the filing fee are governed by the same provisions 2
as in the case of nominating petitions. The filing fee must be 3
deposited in the general fund of this state. 4
(2) Nominating petitions filed or filing fees paid under this 5
section are valid only if they the candidate clearly indicate 6
indicates for which of the following offices the candidate is 7
filing, consistent with section 467c(4): 8
(a) An unspecified existing judgeship for which the incumbent 9
judge is seeking election. 10
(b) An unspecified existing judgeship for which the incumbent 11
judge is not seeking election. 12
(c) A new judgeship. 13
(3) A person An individual who files nominating petitions or 14
pays a filing fee for election to more than 1 district judgeship 15
has not more than 3 days following after the close of filing to 16
withdraw from all but 1 filing. 17
(4) In a primary and general election for 2 or more judgeships 18
where more than 1 of the categories in subsection (2) could be 19
selected, a candidate shall apply to the bureau of elections for a 20
written statement of office designation to correspond to the 21
judgeship sought by the candidate. The office designation provided 22
by the secretary of state must be included in the heading of all 23
nominating petitions. Nominating petitions containing an improper 24
office designation are invalid. 25
(5) The secretary of state shall issue an office designation 26
of incumbent position for any judgeship for which the incumbent 27
judge is eligible to seek reelection. If an incumbent judge does 28
not file an affidavit of candidacy by the deadline, the secretary 29
27
STM H04040'25 *_HB6109_INTR_1 cyp0fi
of state shall notify all candidates for that office that a 1
nonincumbent position exists. All nominating petitions circulated 2
for the nonincumbent position after the deadline must bear an 3
office designation of nonincumbent position. All signatures 4
collected before the affidavit of candidacy filing deadline may be 5
filed with the nonincumbent nominating petitions. 6
(6) If a candidate for nomination for the office of judge of 7
the district court receives incorrect or inaccurate written 8
information from the secretary of state or the bureau of elections 9
concerning the number of nominating petition signatures required 10
under section 544f and that incorrect or inaccurate written 11
information is published or distributed by the secretary of state 12
or the bureau of elections, the candidate may bring an action in a 13
court of competent jurisdiction for equitable relief. A court may 14
grant equitable relief to a candidate under this subsection if all 15
of the following occur: 16
(a) The candidate brings the action for equitable relief 17
within 6 days after the candidate is notified by the secretary of 18
state or the bureau of elections that the candidate's nominating 19
petition contains petitions contain insufficient signatures. 20
(b) The candidate files an affidavit certifying that he or she 21
the candidate contacted and received from the secretary of state or 22
the bureau of elections incorrect or inaccurate written information 23
concerning the number of nominating petition signatures required 24
under section 544f. 25
(c) The secretary of state or the bureau of elections 26
published or distributed the incorrect or inaccurate written 27
information concerning the number of nominating petition signatures 28
required under section 544f before the filing deadline under 29
28
STM H04040'25 *_HB6109_INTR_1 cyp0fi
subsection (1). 1
(d) The secretary of state or bureau of elections did not 2
inform the candidate at least 14 days before the filing deadline 3
under subsection (1) that incorrect or inaccurate written 4
information concerning the number of nominating petition signatures 5
required under section 544f had been published or distributed. 6
(7) If a court grants equitable relief to a candidate under 7
subsection (6), the candidate must be given the opportunity to 8
obtain additional nominating petition signatures to meet the 9
requirements under section 544f. The additional nominating petition 10
signatures obtained by a candidate must be filed with the secretary 11
of state no later than 4 p.m. on the fifth business day after the 12
date that the court order granting equitable relief is filed. 13
(8) The nominating petition signatures filed under this 14
section are subject to challenge as provided in section 552. 15
Sec. 467d. After the filing of a nominating petition 16
petitions, paying a filing fee, or filing an affidavit of candidacy 17
by or in on behalf of a proposed candidate for the office of judge 18
of the district court, the proposed candidate is not permitted to 19
withdraw unless he or she the candidate serves a written notice of 20
withdrawal on the secretary of state or his or her duly the 21
secretary of state's authorized agent. The notice must be served 22
not later than 3 days after the last day for filing nominating 23
petitions or paying a filing fee if a nominating petition was 24
petitions were filed or a filing fee was paid for the proposed 25
candidate, and not later than 3 days after the last day for filing 26
affidavits of candidacy if an affidavit of candidacy was filed for 27
the proposed candidate. If the third day falls on a Saturday, 28
Sunday, or legal holiday, the notice of withdrawal may be served on 29
29
STM H04040'25 *_HB6109_INTR_1 cyp0fi
the secretary of state or his or her duly the secretary of state's 1
authorized agent at any time on or before 4 p.m. , eastern standard 2
time, on the next secular day. 3
Sec. 467e. (1) The candidates for the office of judge of the 4
district court receiving the largest number of votes at any primary 5
election, to a number equal to twice the number of persons 6
individuals to be elected as set forth in the report of the board 7
of state canvassers, based on the returns from the various county 8
boards of canvassers and election precincts or as determined by the 9
board as the result of a recount, shall must be declared the 10
nominees for the office at the next general November election. The 11
board of state canvassers shall certify the nomination to the 12
county election commissions. 13
(2) If, after the deadline for filing nominating petitions or 14
paying a filing fee under section 467b, there are fewer candidates 15
for nomination or nominees for the office of judge of the district 16
court than there are persons individuals to be elected because of 17
the death or disqualification of a candidate more than 65 days 18
before the general November election, then a person, an individual, 19
whether or not an incumbent, may qualify as a nominee for that 20
office at the general November election by filing nominating 21
petitions or paying a filing fee as required by section 467b. 22
However, the filing shall or payment must be made before 4 p.m. on 23
the twenty-first day following after the death or disqualification 24
of the candidate or 4 p.m. on the sixtieth day preceding before the 25
general November election, whichever is earlier, and the minimum 26
number of nominating petition signatures required is 1,000 or 1/2 27
the minimum number required under section 467b, whichever is less. 28
(3) The secretary of state shall certify the nomination of 29
30
STM H04040'25 *_HB6109_INTR_1 cyp0fi
each person individual who qualifies as a nominee under subsection 1
(2) to the board of election commissioners specified by section 687 2
for the general November election. 3
Sec. 590. (1) For the purposes of As used in this act, 4
"qualifying petition" means a nominating petition required of and 5
filed by a person an individual to qualify to appear on an election 6
ballot as a candidate for office without political party 7
affiliation. 8
(2) A person An individual may file a qualifying petition for 9
a partisan office or for the office of justice of the supreme 10
court. A filing fee shall not be tendered instead of a qualifying 11
petition.In lieu of filing nominating petitions for a partisan 12
office or for the office of justice of the supreme court, an 13
individual may pay a nonrefundable filing fee to the filing officer 14
in a dollar amount equal to the minimum number of nominating 15
petition signatures required for that office as provided under 16
section 590b. Payment of the filing fee and certification of the 17
name of the candidate paying the filing fee are governed by the 18
same provisions as in the case of nominating petitions. The filing 19
fee must be deposited in the general fund of this state. 20
(3) A person An individual filing a qualifying petition or 21
paying a filing fee shall meet the qualifications prescribed by law 22
to hold the office. 23
Sec. 590b. (1) Except as provided in subsection (2) and 24
subject to the requirements prescribed in subsections (3) and (4), 25
a qualifying petition for an office shall must be signed by a 26
number of qualified and registered electors of the district that is 27
represented by the office being sought by the candidate equal to 28
not less than 2% of the total number of votes cast for all 29
31
STM H04040'25 *_HB6109_INTR_1 cyp0fi
candidates for governor in the district at the last election in 1
which a governor was elected. In any case, at least 15 signatures 2
shall be submitted.as determined under section 544f. 3
(2) Subject to the requirements of subsections (3) and (4), if 4
a qualifying petition is for a statewide elective office, the 5
qualifying petition shall must be signed by a number of qualified 6
and registered electors of this state equal to not less than 1% of 7
the total number of votes cast for all candidates for governor at 8
the last election in which a governor was elected.as determined 9
under section 544f. 10
(3) All signatures on a qualifying petition shall must be 11
obtained not more than 180 days immediately before the date of 12
filing under section 590c. 13
(4) As part of the minimum number of required qualifying 14
petition signatures under this section, a qualifying petition for 15
the office of president President of the United States, United 16
States senator, Senator, governor, attorney general, secretary of 17
state, state board of education, board of regents of the university 18
University of Michigan, board of trustees of Michigan state 19
university, State University, board of governors of Wayne state 20
university, State University, or justice of the supreme court shall 21
must be signed by at least 100 registered electors in each of at 22
least 1/2 of the congressional districts of the this state. 23
Sec. 590c. (1) A qualifying petition or filing fee for an 24
office shall must be filed with or paid to the filing officer 25
authorized to receive a partisan nominating petition or a 26
certificate of nomination for that office. 27
(2) A qualifying petition or filing fee for an office elected 28
at the general November election shall must be filed or paid not 29
32
STM H04040'25 *_HB6109_INTR_1 cyp0fi
later than 4 p.m. of the one hundred-tenth day before the general 1
election. A qualifying petition or filing fee for an official 2
elected at an election other than the general November election 3
shall must be filed or paid not later than the deadline established 4
by statute or charter for filing a partisan petition or certificate 5
of nomination for the office or at least 90 days before that 6
election, whichever is later. 7
(3) A candidate who files a qualifying petition shall or pays 8
a filing fee is not be permitted to withdraw his or her from the 9
candidacy unless a written notice of withdrawal is filed with the 10
filing officer who received the qualifying petition or filing fee. 11
The notice shall must be filed not later than 4 p.m. of the third 12
day after the last day for filing a qualifying petition or paying a 13
filing fee. 14
Sec. 590f. (1) Except as provided in subsections (2) and (3), 15
sections 544c, 545, 552, 553, 555, 556, and 558 are applicable to a 16
qualifying petition or filing fee, a person an individual filing a 17
qualifying petition or paying a filing fee, and an officer 18
receiving a qualifying petition or filing fee. 19
(2) The board of state canvassers shall canvass a qualifying 20
petition filed with the secretary of state and shall make an 21
official declaration of the sufficiency or insufficiency of the 22
qualifying petition at least 60 days before the election. A hearing 23
under this subsection by the board of state canvassers shall must 24
be held as provided in section 552. 25
(3) A filing officer who receives a qualifying petition or 26
filing fee from a candidate who has met the requirements of this 27
act shall certify to the proper board or boards of election 28
commissioners the candidate's name, post office address, and office 29
33
Final Page
STM H04040'25 *_HB6109_INTR_1 cyp0fi
sought. If the election for the office is held at the general 1
election, the filing officer shall make the certification not later 2
than 60 days before the general election. 3
Sec. 590g. (1) A person An individual who files a qualifying 4
petition or pays a filing fee shall not file a partisan nominating 5
petition or pay a filing fee, and shall not be nominated as a 6
candidate by write-in vote or by a political party convention, 7
caucus, or committee, for an office to be elected at the election 8
for which the person individual has filed a qualifying petition or 9
paid a filing fee or at an election held during the same calendar 10
year as that election. 11
(2) A person An individual who files a qualifying petition or 12
pays a filing fee for more than 1 office, which offices are 13
incompatible and the terms of which offices run concurrently or 14
overlap, shall select the 1 office to which his or her the 15
individual's candidacy is restricted not later than 4 p.m. of the 16
third day after the last day for filing a qualifying petition or 17
paying a filing fee. Failure to make this selection disqualifies 18
the person individual as a candidate for the offices for which 19
qualifying petitions were filed or filing fees were paid, and the 20
qualifying petitions shall must not be canvassed. 21