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SENATE BILL NO. 1012
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 32, 72, 73, 74, 281, 283, 284, 285, 287, 288,
289, 290, 291, 292, 293, 294, 295, 296, 534, 590a, 590b, 643, 697,
and 828 (MCL 168.32, 168.72, 168.73, 168.74, 168.281, 168.283,
168.284, 168.285, 168.287, 168.288, 168.289, 168.290, 168.291,
168.292, 168.293, 168.294, 168.295, 168.296, 168.534, 168.590a,
168.590b, 168.643, 168.697, and 168.828), section 32 as amended by
2014 PA 79, section 73 as amended by 2004 PA 92, sections 74 and
June 02, 2026, Introduced by Senator MCBROOM and referred to Committee on Government
Operations.
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284 as amended by 1999 PA 216, section 281 as amended by 2018 PA
120, section 283 as amended by 2017 PA 113, section 534 as amended
by 2018 PA 224, section 590a as added by 1988 PA 116, section 590b
as amended by 1990 PA 329, section 643 as amended by 2018 PA 225,
section 697 as amended by 2018 PA 226, and section 828 as amended
by 2024 PA 74, and by adding sections 72a, 73a, 74a, 74b, 74c, 74d,
74e, and 74f; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 32. (1) In the office of the secretary of state, the 1
bureau of elections created by former 1951 PA 65 continues under 2
the supervision of a director of elections, to be appointed by the 3
secretary of state under civil service regulations. The director of 4
elections shall be is vested with the powers and shall perform the 5
duties of the secretary of state under his or her the secretary of 6
state's supervision, with respect to the supervision and 7
administration of the election laws. The director of elections 8
shall be is a nonmember secretary of the state board of state 9
canvassers. 10
(2) The director of elections, with the approval of the state 11
board of state canvassers, shall prepare a statement for 12
designation on the ballot in not more than 100 words, exclusive of 13
caption, of the purpose of any proposed amendment or question to be 14
submitted to the electors as required under section 9 of article II 15
of the state constitution of 1963, section 34 of article IV of the 16
state constitution of 1963 if the legislature does not provide for 17
the content of the question to be submitted to the electors, or 18
section 1 or 2 of article XII of the state constitution of 1963 if 19
the legislature does not provide for the content of the question to 20
be submitted to the electors, or section 2 of article XII of the 21
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state constitution of 1963. The statement shall must consist of a 1
true and impartial statement of the purpose of the amendment or 2
question in such language as shall create no prejudice for or 3
against the proposed amendment or question. The powers and duties 4
of the state board of state canvassers and the secretary of state 5
with respect to the preparation of the statement are transferred to 6
the director of elections. The secretary of state shall certify the 7
statement of the purpose of any proposed amendment or question to 8
be submitted to the electors not later than 60 days before the date 9
of the election. 10
Sec. 72. At Before January 1, 2027, at its fall state 11
convention, each political party may nominate a candidate for each 12
of the offices of lieutenant governor, secretary of state, and 13
attorney general. Beginning January 1, 2027, at its fall state 14
convention, each political party may nominate a candidate for the 15
office of lieutenant governor. 16
Sec. 72a. Beginning January 1, 2027, a general primary 17
election must be held in every election precinct in this state on 18
the Tuesday after the first Monday in August before every general 19
November election in which a secretary of state and an attorney 20
general are to be elected. Beginning January 1, 2027, at the 21
general primary election, the qualified and registered electors of 22
each political party may vote for party candidates for the offices 23
of secretary of state and attorney general. This section does not 24
apply to political parties required to nominate candidates at 25
caucuses or conventions as provided in section 532. 26
Sec. 73. Not Before January 1, 2027, not more than 24 hours 27
after the conclusion of the fall state convention, the state 28
central committee of each political party shall canvass the 29
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proceedings of the convention and determine the nominees of the 1
convention for the offices of lieutenant governor, secretary of 2
state, and attorney general. Beginning January 1, 2027, not more 3
than 24 hours after the conclusion of the fall state convention, 4
the state central committee of each political party shall canvass 5
the proceedings of the convention and determine the nominee of the 6
convention for the office of lieutenant governor. Not more than 1 7
business day after the conclusion of the convention, the 8
chairperson and secretary of the state central committee shall 9
forward to the secretary of state a typewritten or printed list of 10
document with the name or names and residence, including the street 11
address if known, of the candidate or candidates nominated at the 12
state convention. The secretary of state shall forward a copy of a 13
list the document received under this section to the board of 14
election commissioners of each county, in care of the county clerk 15
at the county seat. 16
Sec. 73a. Beginning January 1, 2027, to obtain the printing of 17
the name of an individual as a candidate for nomination by a 18
political party for the office of secretary of state or attorney 19
general under a particular political party heading on the official 20
primary ballots, there must be filed with the secretary of state 21
nominating petitions signed by a number of qualified and registered 22
electors residing in this state as determined under section 544f. 23
Nominating petitions must be signed by at least 100 registered 24
resident electors in each of at least 1/2 of the congressional 25
districts of this state. Nominating petitions must be in the form 26
prescribed in section 544c. Beginning January 1, 2027, nominating 27
petitions must be received by the secretary of state for filing in 28
accordance with this act up to 4 p.m. of the fifteenth Tuesday 29
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before the August primary election. 1
Sec. 74. A person Before January 1, 2027, an individual who 2
has been certified by the state central committee of any political 3
party as nominated for the office of lieutenant governor, secretary 4
of state, or attorney general may withdraw by filing a written 5
notice of withdrawal with the secretary of state or his or her the 6
secretary of state's authorized agent and a copy with the 7
chairperson and the secretary of the state central committee of the 8
political party not later than 4 p.m. , eastern standard time, of 9
the fourth business day following the conclusion of the convention 10
at which the person individual was nominated. Beginning January 1, 11
2027, an individual who has been certified by the state central 12
committee of any political party as nominated for the office of 13
lieutenant governor may withdraw by filing a written notice of 14
withdrawal with the secretary of state or the secretary of state's 15
authorized agent and a copy with the chairperson and the secretary 16
of the state central committee of the political party not later 17
than 4 p.m. of the fourth business day following the conclusion of 18
the convention at which the individual was nominated. 19
Sec. 74a. Beginning January 1, 2027, after the filing of a 20
nominating petition by or on behalf of a proposed candidate for 21
secretary of state or attorney general, the candidate is not 22
permitted to withdraw unless a written notice of withdrawal is 23
served on the secretary of state not later than 4 p.m. of the third 24
day after the last day for filing nominating petitions. 25
Sec. 74b. Beginning January 1, 2027, if for any reason there 26
is no candidate of a political party for the office of attorney 27
general or secretary of state, a blank space must be provided on 28
each of the official primary ballots that affords every elector of 29
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the political party an opportunity to vote for a candidate for the 1
office of secretary of state or attorney general by writing in the 2
name of the elector's selection. 3
Sec. 74c. Beginning January 1, 2027, if a candidate for a 4
political party for the office of secretary of state or attorney 5
general, after having qualified as a candidate, dies after the time 6
specified for filing nominating petitions under section 73a, 7
leaving the political party without a candidate for the office of 8
secretary of state or attorney general, a candidate to fill the 9
vacancy may be selected by the state central committee of the 10
political party, and the name of the candidate selected must be 11
transmitted to the county officers who are required by law to print 12
and distribute the primary ballots. Beginning January 1, 2027, the 13
name of the candidate must be printed on the primary ballots, but 14
if the primary ballots have been printed, the county officers shall 15
have the primary ballots reprinted with the candidate's name on the 16
primary ballots and the reprinted primary ballots must be 17
distributed to the various voting precincts in the county officers' 18
respective counties. 19
Sec. 74d. Beginning January 1, 2027, the candidate of each 20
political party for the office of secretary of state receiving the 21
greatest number of votes cast for the office of secretary of state, 22
as provided in the report of the board of state canvassers based on 23
the returns from the various boards of county canvassers, or as 24
determined by the board of state canvassers as the result of a 25
recount, must be declared the nominee of that political party for 26
the office of secretary of state at the next general November 27
election. The board of state canvassers shall immediately certify 28
the nominations to the secretary of state. 29
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Sec. 74e. Beginning January 1, 2027, the candidate of each 1
political party for the office of attorney general receiving the 2
greatest number of votes cast for the office of attorney general, 3
as provided in the report of the board of state canvassers based on 4
the returns from the various boards of county canvassers, or as 5
determined by the board of state canvassers as the result of a 6
recount, must be declared the nominee of that political party for 7
the office of attorney general at the next general November 8
election. The board of state canvassers shall immediately certify 9
the nominations to the secretary of state. 10
Sec. 74f. Beginning January 1, 2027, if a candidate of a 11
political party for the office of secretary of state or attorney 12
general files a nominating petition for that office and has been 13
nominated for the office of secretary of state or attorney general 14
by the political party, the candidate is not permitted to withdraw 15
unless the candidate moves from this state or becomes physically 16
unfit. This section does not prohibit the withdrawal of a candidate 17
who was nominated without having filed a nominating petition and 18
whose name has been written or placed on the ballot of a political 19
party. 20
Sec. 281. A person An individual is not eligible to membership 21
on the state board of education , the board of regents of the 22
University of Michigan, the board of trustees of Michigan State 23
University, or the board of governors of Wayne State University if 24
the person individual is not a registered and qualified elector of 25
this state on the date the person individual is nominated for the 26
office. 27
Sec. 283. Not more than 24 hours after the conclusion of the 28
fall state convention, the state central committee of each 29
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political party shall canvass the proceedings of the convention and 1
determine the nominees of the convention for membership on the 2
state board of education. , the board of regents of the University 3
of Michigan, the board of trustees of Michigan State University, 4
and the board of governors of Wayne State University. Not more than 5
1 business day after the conclusion of the state convention, the 6
chairperson and secretary of the state central committee shall 7
forward to the secretary of state a typewritten or printed list of 8
the names and residence, including the street address if known, of 9
the candidates nominated at the convention for the offices 10
specified in this section. state board of education. The secretary 11
of state shall forward a copy of a list received under this section 12
to the board of election commissioners of each county, in care of 13
the county clerk at the county seat. 14
Sec. 284. A person An individual who is certified by the state 15
central committee of a political party as nominated for membership 16
on the state board of education , the board of regents of the 17
university of Michigan, the board of trustees of Michigan state 18
university, or the board of governors of Wayne state university may 19
withdraw by filing a written notice of withdrawal with the 20
secretary of state or his or her the secretary of state's duly 21
authorized agent and a copy with the chairperson and the secretary 22
of the state central committee of the political party not later 23
than 4 p.m. , eastern standard time, of the fourth business day 24
following the conclusion of the convention at which the person 25
individual was nominated. 26
Sec. 285. Whenever If a candidate of a political party, after 27
having been nominated to membership on the state board of 28
education, the board of regents of the University of Michigan, the 29
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board of trustees of Michigan State University, or the board of 1
governors of Wayne State University, shall die, withdraw, remove 2
dies, withdraws, moves from the this state, or become becomes 3
disqualified for any reason, the state central committee of said 4
the political party shall meet forthwith and, by a majority vote of 5
the members thereof, of the state central committee, shall select a 6
candidate to fill the vacancy. thereby caused. The name of the 7
candidate so selected shall must be immediately certified by the 8
chairman chairperson and the secretary of said the committee to the 9
secretary of state and to the board of election commissioners for 10
each county , whose duty it is to prepare the official ballots. , 11
and said The board shall cause to be printed or placed upon said on 12
the ballots, in the proper place, the name of the candidate so 13
selected to fill the vacancy. 14
Sec. 287. The board of state canvassers shall determine which 15
candidates for membership on the state board of education , the 16
board of regents of the University of Michigan, the board of 17
trustees of Michigan State University and the board of governors of 18
Wayne State University have received the greatest number of votes 19
and shall declare such those candidates to be duly elected. The 20
said board of state canvassers shall forthwith make and subscribe 21
on its statement of returns a certificate of such determination and 22
deliver the same to the secretary of state. 23
Sec. 288. The secretary of state shall file in his the 24
secretary of state's office and preserve the original statement and 25
determination of the board of state canvassers of the result of the 26
election and shall forthwith execute and cause to be delivered to 27
the persons thereby individuals declared to be elected to 28
membership on the state board of education , the board of regents 29
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of the University of Michigan, the board of trustees of Michigan 1
State University and the board of governors of Wayne State 2
University a certificate of election, certified by him the 3
secretary of state under the great seal of the this state. 4
Sec. 289. Subject to section 286a, the term of office of 5
members of the state board of education , the board of regents of 6
the University of Michigan, the board of trustees of Michigan State 7
University, and the board of governors of Wayne State University 8
shall be is 8 years and shall begin begins at 12 noon on January 1 9
next following their the election. The terms of office of members 10
of said boards shall the state board of education continue until a 11
successor is elected and qualified. 12
Sec. 290. Every person Each individual elected to membership 13
on the state board of education, the board of regents of the 14
University of Michigan, the board of trustees of Michigan State 15
University, or the board of governors of Wayne State University, 16
before entering upon the duties of his the office, shall take and 17
subscribe to the oath as provided in section 1 of article 11 XI of 18
the state constitution of 1963, and shall deposit said the oath 19
with the secretary of state. 20
Sec. 291. Any person duly An individual elected to membership 21
on the state board of education , the board of regents of the 22
University of Michigan, the board of trustees of Michigan State 23
University or the board of governors of Wayne State University, who 24
desires to resign shall file a written notice containing the 25
effective date of such the resignation with the governor and a copy 26
with the secretary of state. 27
Sec. 292. (1) There shall be a A vacancy occurs on the state 28
board of education , the board of regents of the University of 29
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Michigan, the board of trustees of Michigan State University, or 1
the board of governors of Wayne State University upon the happening 2
of any of the following events: Death of the incumbent; his 3
(a) The incumbent's death. 4
(b) The incumbent's resignation. ; his 5
(c) The incumbent's removal from office for cause. ; his 6
(d) The incumbent's ceasing to be a resident of the this 7
state. ; his 8
(e) The incumbent's conviction of an infamous crime, or an 9
offense involving the violation of his the incumbent's oath of 10
office. ; the 11
(f) The decision of a competent tribunal declaring his the 12
incumbent's election or appointment void. ; or his 13
(g) The incumbent's neglect or refusal to take and subscribe 14
to the constitutional oath of office and deposit the same oath in 15
the manner and within the time prescribed by law. 16
(2) When If a vacancy shall occur occurs on any of the said 17
boards, state board of education, a notice of such the vacancy and 18
the reason why the same vacancy exists shall, must, within 10 days 19
after such the vacancy occurs, be given in writing by the secretary 20
of state to the governor. Such notice shall be given by the 21
secretary of state. 22
Sec. 293. Any member of said boards the state board of 23
education may be removed from office upon conviction in impeachment 24
proceedings for the reasons and in the manner set forth in section 25
7 of article 11 XI of the state constitution of 1963. The governor 26
shall have has the power and it shall be his is the governor's duty 27
, except at such time as the legislature may be in session, to 28
examine into the condition and administration of the said boards 29
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state board of education and the acts of the members enumerated 1
herein of the board and to remove from office for gross neglect of 2
duty or for corrupt conduct in office, or any other misfeasance or 3
malfeasance therein, in office, and report the causes of such the 4
removal to the legislature. at its next session. Such person shall 5
The individual must be served with a written notice of the charges 6
against him the individual and be afforded an opportunity for a 7
public hearing conducted personally by the governor. 8
Sec. 294. Whenever If a vacancy shall occur occurs on the 9
state board of education, the board of regents of the University of 10
Michigan, the board of trustees of Michigan State University, or 11
the board of governors of Wayne State University, the governor 12
shall appoint a successor to fill such the vacancy. , and the 13
person so The individual appointed shall take the oath of office 14
and shall hold office for the remainder of the unexpired term and 15
until his a successor is elected and qualified. A candidate 16
receiving the highest number of votes for membership on any of said 17
boards the state board of education and who has subscribed to the 18
constitutional oath shall be deemed is considered to be elected and 19
qualified even though a vacancy occurs prior to before the time he 20
shall have the candidate has entered upon the duties of his the 21
office. 22
Sec. 295. The votes cast for any candidate for membership on 23
the state board of education , the board of regents of the 24
University of Michigan, the board of trustees of Michigan State 25
University and the board of governors of Wayne State University at 26
any election shall be are subject to recount as provided in chapter 27
33 of this act.XXXIII. 28
Sec. 296. Any person An individual elected to membership on 29
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the state board of education , the board of regents of the 1
University of Michigan, the board of trustees of Michigan State 2
University, or the board of governors of Wayne State University 3
shall be is subject to recall as provided in chapter 36 of this 4
act.XXXVI. 5
Sec. 534. A general primary of all political parties except as 6
provided in sections 532 and 685 must be held in every election 7
precinct in this state on the Tuesday after the first Monday in 8
August before every general November election, at which time the 9
qualified and registered voters of each political party may vote 10
for party candidates for the office of governor, United States 11
Senator, Representative in Congress, state senator, representative 12
in the legislature, county executive, prosecuting attorney, 13
sheriff, county clerk, county treasurer, register of deeds, drain 14
commissioner, public works commissioner, county road commissioner, 15
county mine inspector, surveyor, and candidates for office in 16
townships, and, beginning January 1, 2027, candidates for the 17
office of secretary of state and the office of attorney general. A 18
nomination for an office must be made only if the official is to be 19
elected at the next succeeding general November election. 20
Sec. 590a. (1) The form, size, and contents of a qualifying 21
petition shall must be prescribed by the secretary of state and in 22
substantially the same form as provided in section 590h. 23
(2) A qualifying petition for the office of president 24
President of the United States, United States senator, 25
representative Senator, Representative in Congress, governor, 26
secretary of state, attorney general, state senator, state 27
representative, state board of education, board of regents of the 28
university of Michigan, board of trustees of Michigan state 29
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university, board of governors of Wayne state university, or 1
justice of the supreme court may be circulated on a countywide 2
basis. The form of a qualifying petition that is circulated 3
countywide shall must be prescribed by the secretary of state and 4
in substantially the same form as provided in section 590h. 5
Sec. 590b. (1) Except as provided in subsection (2) and 6
subject to the requirements prescribed in subsections (3) and (4), 7
a qualifying petition for an office shall must be signed by a 8
number of qualified and registered electors of the district that is 9
represented by the office being sought by the candidate equal to 10
not less than 2% of the total number of votes cast for all 11
candidates for governor in the district at the last election in 12
which a governor was elected. In any case, at least 15 signatures 13
shall be submitted.as determined under section 544f. 14
(2) Subject to the requirements of subsections (3) and (4), if 15
a qualifying petition is for a statewide elective office, the 16
qualifying petition shall must be signed by a number of qualified 17
and registered electors of this state equal to not less than 1% of 18
the total number of votes cast for all candidates for governor at 19
the last election in which a governor was elected.as determined 20
under section 544f. 21
(3) All signatures on a qualifying petition shall must be 22
obtained not more than 180 days immediately before the date of 23
filing under section 590c. 24
(4) As part of the minimum number of required signatures under 25
this section, a qualifying petition for the office of president 26
President of the United States, United States senator, Senator, 27
governor, attorney general, secretary of state, state board of 28
education, board of regents of the university of Michigan, board of 29
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trustees of Michigan state university, board of governors of Wayne 1
state university, or justice of the supreme court shall must be 2
signed by at least 100 registered electors in each of at least 1/2 3
of the congressional districts of the this state. 4
Sec. 643. At the general election, the following officers 5
shall must be elected when required by law: 6
(a) Presidential electors. 7
(b) In the state at large, a governor and a lieutenant 8
governor, a secretary of state, and an attorney general. 9
(c) A United States Senator. 10
(d) In each congressional district, a Representative in 11
Congress. 12
(e) In each state senatorial district, a state senator. 13
(f) In each state representative district, a representative in 14
the state legislature. 15
(g) Justices of the supreme court. 16
(h) Two members of the state board of education. 17
(i) Two regents of the University of Michigan. 18
(j) Two trustees of Michigan State University. 19
(k) Two governors of Wayne State University. 20
(i) (l) In each county or district, judges of the court of 21
appeals, a judge or judges of the circuit court, a judge or judges 22
of probate, a judge or judges of the district court, a prosecuting 23
attorney, a sheriff, a treasurer, a mine inspector, a county road 24
commissioner, a drain commissioner, a surveyor, and, subject to 25
section 200, a clerk and a register of deeds or a clerk register. 26
(j) (m) Township officers. 27
(k) (n) Any other officers required by law to be elected at 28
that election. 29
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Sec. 697. At the general November election, the names of the 1
several offices to be voted for must be placed on the ballot 2
substantially in the following order in the years in which 3
elections for those offices are held: Electors of President and 4
Vice President of the United States; governor and lieutenant 5
governor; secretary of state; attorney general; United States 6
Senator; Representative in Congress; senator and representative in 7
the state legislature; members of the state board of education; 8
regents of the University of Michigan; trustees of Michigan State 9
University; governors of Wayne State University; county executive; 10
prosecuting attorney; sheriff; clerk; treasurer; register of deeds; 11
mine inspector in counties electing a mine inspector; county road 12
commissioners; drain commissioners; coroners; and surveyor. The 13
following township officers must be placed on the same ballot as 14
above described in substantially the following order in the year in 15
which elections for those offices are held: supervisor, clerk, 16
treasurer, trustees, and constables. 17
Sec. 828. The clerk of the board of county canvassers 18
forthwith, and in no case later than 24 hours after the completion 19
of the canvass, on forms provided by the secretary of state, shall 20
deliver in person or send to the secretary of state, by registered 21
or certified mail with return receipt demanded, a certified copy of 22
each of the statements prepared by the board as required by section 23
824, so far as the statements shall relate to the vote for any 24
state office, electors of President and Vice President of the 25
United States, United States Senator, Representative in Congress, 26
supreme court justices, court of appeals judges, circuit court 27
judges, probate judges, district court judges, state senators and 28
representatives in the state legislature, members of the state 29
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board of education, members of the board of regents of the 1
University of Michigan, members of the board of trustees of 2
Michigan State University, members of the board of governors of 3
Wayne State University, and any proposed amendment to the 4
constitution or other question or proposition submitted at the 5
election to the electors of this state at large, together with a 6
certificate of authenticity signed by the clerk and the chairperson 7
of the board of canvassers. 8
Enacting section 1. Sections 282 and 286 of the Michigan 9
election law, 1954 PA 116, MCL 168.282 and 168.286, are repealed. 10
Enacting section 2. This amendatory act does not take effect 11
unless Senate Joint Resolution I of the 103rd Legislature becomes a 12
part of the state constitution of 1963 as provided in section 1 of 13
article XII of the state constitution of 1963. 14