[No. 118.]

AN ACT to amend sections one, two, four, sixteen, seventeen, eighteen, nineteen, twenty-one, twenty-two, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, twentynine, thirty, thirty-three, thirty-four, thiry-five, thirty-six, thirty-seven, forty-one, forty-six and fifty-five, and to repeal sections five, six, seven, eight, nine, ten and eleven of act number two hundred eighty-one of the Public Acts of nineteen hundred nine, entitled "An act relative to the nomination of party candidates for public office and delegates to political conventions, to regulate primary elections and to prescribe penalties for violations of its provisions, and to provide for the printing upon election ballots of the names of candidates nominated under the terms of this act, and to repeal act number four of the Public Acts of the extra session of the year nineteen hundred seven, and all local primary election acts contravening the provisions of this act, except as in this act otherwise provided." approved June two, nineteen hundred nine, as amended by act number two hundred seventy-nine of the Public Acts of nineteen hundred eleven; to eliminate the enrollment provided for in said act and prescribing the form of ballot to be used thereunder.

The People of the State of Michigan enact:

amended.

SECTION 1. Sections one, two, four, sixteen, seventeen, Sections eighteen, nineteen, twenty-one, twenty-two, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, twentynine, thirty, thirty-three, thirty-four, thirty-five, thirty-six, thirty-seven, forty-one, forty-six and fifty-five of act number two hundred eighty-one of the Public Acts of nineteen hundred nine, entitled "An act relative to the nomination of party candidates for public office and delegates to political conventions, to regulate primary elections and to prescribe penalties for violations of its provisions, and to provide for the printing upon election ballots of the names of candidates nominated under the terms of this act, and to repeal act number four of the Public Acts of the extra session of the year nineteen hundred seven, and all local primary election acts contravening the provisions of this act, except as in this act otherwise provided," approved June two, nineteen hundred nine, as amended by act number two hundred seventynine of the Public Acts of nineteen hundred eleven, are hereby amended to read as follows:

SEC. 1. Whenever any primary election shall be held in Nomination this State or in any city, county, or district in this State, by direct vote. pursuant to the provisions of this act, the nomination of candidates for the offices herein named, by each political

Primary elections, how conducted, etc.

Registered elector may

vote. Proviso.

August primary.

Proviso.

March primary.

party, shall be made by direct vote of the registered and qualified voters of such political party in the State or in any district, county, or city in this State, as the case may be, in the manner hereinafter provided.

SEC. 2. All primary elections shall, except as herein otherwise provided, be conducted and regulated as near as may be in every particular as prescribed by law for the regulation and conduct of general elections. The provisions of the general election law shall apply to primary elections with respect to the giving of notice of registration and election, in fixing places for holding such election, providing the ballot. boxes with the necessary equipment and supplies, in giving notice of meetings of boards of canvassers, in canvassing and certifying the result of the primary election and in giving notice of primary elections except as the contrary may be herein expressed, and all officers required to perform similar duties under the general election law shall be required to perform such duties under this act, with like power and compensation. All expenses of primary elections shall be defrayed from the same funds from which are defrayed the expenses of an election.

SEC. 4. No person shall be permitted to vote at any primary election held in this State, unless he shall be a registered and qualified elector of this State: Provided, however, That any qualified elector may be registered and be eligible to vote at any primary election if he shall appear in person before the city or township clerk or other officer in charge of the registration book, and take the oath required as to qual ifications for registration, and request that his name be registered therein. The inspectors shall register any person who shall on any primary day appear and make oath or affirmation to the effect that he is a qualified elector in such precinct, or when they personally know him to be such. Any person registered on any primary day as prescribed herein, shall be entitled to vote at the succeeding election without other registration. There shall be no other registration day or days for either a primary, a general or a city election, except that prescribed by the general election laws and in this act. SEC. 16. A general primary election for all political par ties shall be held in every election precinct in this State on the last Tuesday in August preceding every general November election, at which time the registered and qualified voters of each political party shall vote for party candidates for the office of Governor, Lieutenant Governor, and United States Senator: Provided. That no nomination for the office of United States Senator shall be made, unless such official is to be elected at the next session of the Legislature. A general primary election for all political parties shall also be held on the first Wednesday in March prior to the spring election at which time the registered and qualified voters of each political party shall vote for candidates for county of

mission form

ment.

election.

fices filled at the spring election; for candidates for circuit judge and for candidates for city offices in cities in which the provisions of this act are applicable: Provided, That in those Proviso. cities in which the provisions of this act are applicable and in which city officers are elected at a time other than the general November election or the spring election, the primary election in such city shall be held on the third Tuesday prior to the charter election and all of the provisions of this act shall be made applicable thereto. Whenever a regular or special primary election is required by the provisions of this act to be held in any county or district it shall be held in every portion thereof regardless of whether there are any candidates for any city offices to be nominated at such regular or special primary election: Provided, That the provi- Proviso, comsions of this act shall not apply to any city which may have of governor which may hereafter adopt a commission form of government or in which city officers are elected on a non-partisan ballot, except as the charter of such city may make the provisions hereof applicable. Whenever a special election shall Special be called to fill any vacancy in any office, the candidates for which are regularly nominated in accordance with the provisions of this act, a special primary election for all political parties shall be held in the city, county or district in which such vacancy occurs, on such day as may be fixed by the authority calling the special election but not less than ten days prior to the date of such special election. In the case of a special primary election, it shall be the duty of the proper board of election commissioners to prepare the necessary number of ballots for every political party participating in the last preceding regular primary election. The provisions of this act, relative to the printing, distribution, etc., of primary election ballots shall be applicable to the ballots prepared for use at a special primary election. The ballots shall Ballots. be prepared in such manner that the voters of each political party may write, print or paste the name of a candidate thereon. The name of a candidate shall not be printed upon any ballots prepared for use at a special primary election. The provisions of this act shall be applicable in all particulars to special primary elections except as the contrary is indicated in this section: Provided, That it shall be unlaw- Proviso, slips, ful for any person directly or indirectly at any regular or special primary election to distribute slips or pasters, or electioneer or induce or attempt to induce any person to vote or refrain from voting in a particular way within any polling place or within one hundred feet thereof. It shall be lawful to call a special election for the submission of any proposi tion on any regular or special primary election day.

etc.

nomination of.

SEC. 17. In every congressional district in this State there Congressmen, shall be nominated at the said August primary election, by direct vote of the registered and qualified voters of each political party within such district, a party candidate for repre

State representatives.

County officers.

City, etc., officers.

State senators. sentative in Congress. In every senatorial district in this State there shall be nominated at the said primary election, by direct vote of the registered and qualified voters of each political party within such district, a party candidate for State senator. In every representative district in this State there shall be nominated at the said primary election, by direct vote of the registered and qualified voters of each political party within such district, a party candidate or candidates as the case may be, for representative in the State Legislature. In every county in this State there shall be nominated at the said primary election by direct vote of the regis tered and qualified voters of each political party within such county, party candidates for county offices to be voted for at the November election following. In every city of the State having a population of seventy thousand or more, there shall be nominated at said August primary election or on the first Wednesday in March preceding any April election, whenever a city or county election in said city or county is held in April, by direct vote of the registered and qualified voters of each political party within such city or county, party candidates for ward, city or county offices. In any city in this State having a population of less than seventy thousand in which the voters have decided in accordance with the provisions of this act, in favor of direct nominations of party candidates for city offices, when such offices are to be voted for at the November election following, there shall be nominated at the said primary election by direct vote of the regis tered and qualified voters of each political party within such city, party candidates for city offices: Provided, That if upon the expiration of the time for filing petitions in any primary for city or county, it appears that there is no opposition to any candidate for any office, upon any ticket, then the city or county clerk, as the case may be, shall certify to the board of election commissioners, the names of all persons whose petitions have been properly filed, and the office for which such petitions were filed, and such persons shall be declared by such board of election commissioners nominees for the respective offices and such clerk shall forthwith notify the sheriff of the county and the several clerks of the townships interested, if any, and give notice that the primary will not be held as contemplated, giving the reasons therefor, and a public notice shall be given of such determination by a brief notice published by such clerk in a newspaper published in such county: Provided, That if upon the expiration of the time for filing petitions in any primary, the Secretary of State shall find within a given district that there is no opposition for any office upon any ticket, he shall forthwith give notice to the clerks of the several counties embraced, forthwith certifying the names of the candidates and the office to which they aspire, to the State Board of Canvassers, who shall declare them the nominees for the respective offices, and

Proviso.

Proviso.

shall give notice to the clerks of the several counties embraced in such district, and if the clerk shall find that there is no opposition for any office upon any ticket for a county office, then it shall be the duty of such clerk to forthwith give notice to the several township clerks interested that a primary will not be held as contemplated, but in no event shall a primary election be abandoned in any township, city, county or district wherein there shall be opposition for any office, upon any ticket. In those instances in which the duties of two officers are combined, all nomination petitions shall include and name the two offices.

County

ment.

SEC. 18. There shall also be elected at the August primary, Delegates to by direct vote of the registered and qualified voters of each convention. political party in said county, as many delegates in each township, ward or precinct, as the case may be, as such political party in such township, ward or precinct shall be entitled to by the call issued by the county committee of such political party for the county convention thereafter to be held by such political party within said county in that year for the purpose of electing delegates to the State convention called for the purpose of nominating candidates for State offices, to be voted for at the November election. In case of any vacancy in any delegation from any election precinct, township or ward, to the county convention, such vacancy shall be filled by the delegates present from the ward or township in which the vacancy occurs. The State central Apportioncommittee of each political party shall, at least thirty days before the August primary herein provided for, certify to the board of election commissioners of each county and to the chairman of the county committee of such party, the number of delegates to which such county shall be entitled in the State convention of such party; and the said State central committee shall apportion such delegates to the several counties in proportion and according to the number of votes cast for the candidates of such party for Secretary of State in each of said counties respectively at the last preceding November election. The name of any candidate for delegate to the county convention shall not be printed upon the official primary election ballot, but one or more such names may be placed on such ballot by printed slips pasted thereon by the voter. The county committee shall in its call indicate whether delegates are to be selected by precincts or by wards. In cities in which there are no wards the delegates to which such cities are entitled shall be elected from the entire city. The chairman of the township, ward or city committee as the case may be, shall notify by mail each person elected as a delegate to the county convention: Provided, That when a pri- Proviso. mary election is not held prior to the spring election delegates to the county convention shall be selected in a convention.