2024 House Bill 5565

Elections: judicial; incumbency designation for judges; eliminate.

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 409b, 409l, 424, 424a, 433, 444, 467b, 467c, 467m, 561, and 696 (MCL 168.409b, 168.409l, 168.424, 168.424a, 168.433, 168.444, 168.467b, 168.467c, 168.467m, 168.561, and 168.696), sections 409b, 433, 467b, and 467c as amended by 2018 PA 120, sections 409l, 424, 444, and 467m as amended by 2014 PA 94, section 424a as amended by 1999 PA 218, section 561 as amended by 2002 PA 163, and section 696 as amended by 2017 PA 113; and to repeal acts and parts of acts.

AI Analysis – Experimental

The proposed legislation aims to amend various sections of the Michigan Election Law, specifically targeting the nomination and election processes for judicial offices. The primary objective is to streamline and clarify the procedures for filing nominating petitions and affidavits of candidacy for judges of the Court of Appeals, Circuit Court, Probate Court, and District Court. The bill mandates that nominating petitions must include signatures, addresses, and dates of signing from qualified electors within the relevant judicial district, and it sets specific deadlines for filing these petitions. It also allows incumbent judges to file affidavits of candidacy instead of nominating petitions under certain conditions.

Significant changes include the removal of requirements for candidates to specify the type of judgeship they are seeking (e.g., incumbent, non-incumbent, or new judgeship) on their nominating petitions. The bill also eliminates the need for candidates to apply for a written statement of office designation from the Bureau of Elections. Additionally, the legislation provides a mechanism for candidates to seek equitable relief if they receive incorrect information about the number of required nominating petition signatures, allowing them to gather additional signatures if necessary.

The bill modifies existing statutes by replacing gender-specific language with gender-neutral terms and by removing several procedural requirements related to the designation of judicial offices on ballots. It also repeals Section 435a of the Michigan Election Law and includes a conditional enactment clause, stipulating that the amendments will only take effect if a related joint resolution (HJR O or similar Senate joint resolution) is approved by voters in a general election.

Introduced in the House

March 13, 2024

Introduced by Rep. Phil Green (R-67) and three co-sponsors

Co-sponsored by Reps. Robert Bezotte (R-50), Doug Wozniak (R-59) and Matt Bierlein (R-97)

Referred to the Committee on Government Operations