Sec. 20.
(1) An individual shall not be considered to be a candidate if the individual has done any of the following:
(a) Filed a fee, affidavit of incumbency, or nominating petition for an elective office, if the individual withdraws within the time limit established by law and if the individual has not received a contribution, made an expenditure, or given consent for another person to receive a contribution or make an expenditure to secure the individual's nomination or election to an elective office. For purposes of this subdivision, a payment of a filing fee for elective office shall not be considered to be an expenditure.
(b) Has been nominated as a candidate for elective office by a political party caucus or convention, if the individual nominated withdraws within the time limit established by law or does not submit the notice of acceptance of nomination according to the procedures established by law, and if the individual has not received a contribution, made an expenditure, or given consent for another person to receive a contribution or make an expenditure to secure the individual's nomination or election to an elective office.
(c) Has been nominated as a candidate for elective office by a political party caucus or convention, if the party does not qualify to have its name, party vignette, and candidates' names appear on the general election ballot pursuant to section 685 of Act No. 116 of the Public Acts of 1954, as amended, being section 168.685 of the Michigan Compiled Laws; and if the individual has not received a contribution or made an expenditure to secure the individual's nomination or election to an elective office.
(d) Has been appointed to fill a vacancy in an elective office if the individual does not meet 1 of the provisions of section 3(1).
(2) An individual who receives votes at an election solely by the write-in method as provided by law is considered a candidate under this act as follows:
(a) An individual who receives a contribution, makes an expenditure, or gives consent for another person to receive a contribution or make an expenditure with a view to bringing about the individual's receiving write-in votes at an election is a candidate under this act at the time of receiving the contribution or making the expenditure or giving consent to another person to receive the contribution or make the expenditure.
(b) An individual who is not a candidate by reason of subdivision (a), but who is certified as a nominee as a result of write-in votes received at a primary election and does not withdraw as a nominee as provided by law is a candidate under this act as of 5 days following the certification of the nomination by the board of canvassers canvassing the primary.
(c) An individual who is not a candidate by reason of subdivision (a) or (b), but who is elected to an office by receiving write-in votes in an election is a candidate under this act at the time the individual qualifies for the office.
History: Add. 1980, Act 377, Imd. Eff. Dec. 30, 1980 ;-- Am. 1982, Act 167, Imd. Eff. May 31, 1982
Last modified: October 10, 2016