News Story About Michigan Republican Presidential Primary Ballot Access Case

Michigan Live has this story about the lawsuit over the Michigan Republican presidential primary ballot. The law gives the Secretary of State the power to decide which candidates have been mentioned in enough media to be on the ballot automatically. Michigan Secretary of State Jocelyn Benson excluded Rocky De La Fuente, and a voter who wants to vote for De La Fuente then sued.


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News Story About Michigan Republican Presidential Primary Ballot Access Case — 3 Comments

  1. EB– (2) below
    Mich Election Law part —

    168.615a Printing name of presidential candidate on ballot; filing affidavit; filing nominating petition; signatures; conformity; rotation of names on ballot; space to vote uncommitted.

    Sec. 615a.
    (1) Except as otherwise provided in this section, the secretary of state shall cause the name of a presidential candidate notified by the secretary of state under section 614a to be printed on the appropriate presidential primary ballot for that political party. A presidential candidate notified by the secretary of state under section 614a may file an affidavit with the secretary of state indicating his or her party preference if different than the party preference contained in the secretary of state notification and the secretary of state shall cause that presidential candidate’s name to be printed on the appropriate presidential primary ballot for that political party. If the affidavit of a presidential candidate indicates that the candidate has no political party preference or indicates a political party preference for a political party other than a political party for which a presidential primary election will be held under section 613a, the secretary of state shall not cause that presidential candidate’s name to be printed on a ballot for the presidential primary election. A presidential candidate notified by the secretary of state under section 614a may file an affidavit with the secretary of state specifically stating that “(candidate’s name) is not a presidential candidate”, and the secretary of state shall not have that presidential candidate’s name printed on a presidential primary ballot. A presidential candidate shall file an affidavit described in this subsection with the secretary of state no later than 4 p.m. on the second Friday in December of the year before the presidential election year or the affidavit is considered void.
    (2) The name of an individual who is not listed as a potential presidential candidate under section 614a shall be printed on the ballot for the appropriate political party for the presidential primary election if he or she files a nominating petition with the secretary of state no later than 4 p.m. on the second Friday in December of the year before the presidential election year. The nominating petition shall contain valid signatures of registered and qualified electors equal to not less than 1/2 of 1% of the total votes cast in the state at the previous presidential election for the presidential candidate of the political party for which the individual is seeking this nomination. However, the total number of signatures required on a nominating petition under this subsection shall not exceed 1,000 times the total number of congressional districts in this state. A signature on a nominating petition is not valid if obtained before October 1 of the year before the presidential election year in which the individual seeks nomination. To be valid, a nominating petition must conform to the requirements of this act regarding nominating petitions, but only to the extent that those requirements do not conflict with the requirements of this subsection.
    (3) The names of the presidential candidates on each political party ballot shall be rotated on the ballot by precinct. Each ballot shall contain a space for an elector to vote uncommitted.

    History: Add. 1988, Act 275, Eff. Sept. 1, 1988 ;– Am. 1995, Act 87, Imd. Eff. June 20, 1995 ;– Am. 1999, Act 72, Imd. Eff. June 28, 1999 ;– Am. 2011, Act 163, Imd. Eff. Oct. 4, 2011
    Compiler’s Notes: See Green Party of Michigan, et al v Terri Lynn Land, case no. 08-10149, March 26, 2008.
    Popular Name: Election Code

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