Michigan Advisory Opinions February 08, 1988: AGO 6495 (February 8, 1988)

AGO 6495.

You have requested my opinion as to whether there is a time limit for obtaining signatures on nominating petitions for precinct delegates.

In the Michigan Election Law, MCL 168.624; MSA 6.1624, the Legislature has provided in part:

'A person holding a public office in this state or municipal subdivision thereof may become a candidate for delegate to the county or district conventions. All candidates for the office of delegate to the county or district conventions of each political party shall be qualified, registered electors residing within, as well as having their actual bona fide residence within the election precinct for which they desire to become a candidate. A candidate shall file a petition with the county clerk of the county not later than 4 p.m., on the seventieth day preceding the time designated for holding a primary election in the county, bearing the signatures of not less than 15 and not more than 20 registered electors residing within the precinct for which the petitioner desires to become a candidate. The petition shall be in the form required by the general laws of the state governing the filing of nominating petitions by candidates for other county offices at primary elections, and in addition shall state the candidate's place of residence and bear a signed affidavit of the candidate authorizing its filing. All duly elected and certified delegates shall be seated at the county or district county conventions. A person violating this section is guilty of a misdemeanor.'

In 1988, the 'seventieth day preceding the time designated for holding a primary election in the county' is May 24, 1988.

Delegates to the county or district conventions are elected at the August primary held in each even-numbered year. MCL 168.623a(5); MSA 6.1623(1)(5). Those elected serve as delegates to the county or district conventions of each political party. MCL 168.592; MSA 6.1592. The conventions are held after the August primary in each even-numbered year. Id. In those years when a presidential election is held, county or district conventions are also held for the purpose of selecting the delegates to the state convention which precedes the national convention of each political party. MCL 168.611; MSA 6.1611.

You have advised that in November, 1986, several potential precinct delegate candidates in Saginaw County circulated and obtained signatures on their nominating petitions. These candidates for the 1988 county or district conventions of a political party intend to file their nominating petitions with the county clerk prior to the May 24, 1988 deadline established in MCL 168.624; MSA 6.1624. Your question concerns the validity of the nominating petitions which will contain signatures more than one year old at the time of filing.

In 2 OAG, 1958, No 3330, p 278 (October 20, 1958), the Attorney General considered the question as to when candidates for circuit judge could commence circulating their nominating petitions. The opinion held that nominating petitions may be circulated any time between the commencement of the present term of the office of circuit judge and the date upon which the petitions were required to be filed:

'We are here dealing with purely statutory provisions which are silent as to the date of commencement of the period within which such petitions may be circulated.

'Reason dictates that petitions of such candidates for the 1959 primary election may not be circulated prior to the holding of the 1953 biennial spring election, that being the next preceding election at which circuit judges were elected for a full term. It is not considered necessary to now determine whether a candidate could have commenced circulating his petitions immediately after the 1953 election or on January 1, 1954, the date of commencement of the present term of office.

'Under the statute as presently in effect there is no logical basis for selecting a date for the commencement of the period of circulation at any point between the commencement of the present term of said office and the date upon which such petitions are required to be filed. For me to select a date would be to invade the prerogatives of the legislature.' 2 OAG, 1958, No 3330, supra, at p 280.

Likewise, the Michigan Election Law, MCL 168.1 et seq; MSA 6.1001 et seq, is silent as to the date candidates for precinct delegate may commence circulating their nominating petitions. MCL 168.544c; MSA 6.1544(3), only prescribes the form and substance of nominating petitions. It does not address the age of signatures contained on nominating petitions. Thus, candidates for precinct delegate may circulate their nominating petitions at any time between the commencement of the current term of the office of precinct delegate, August 5, 1986, and the date upon which the nominating petitions are required to be filed, May 24, 1988.

Although MCL 168.624; MSA 6.1624, does not limit the age of signatures contained on nominating petitions for precinct delegates, the Michigan Election Law, supra, does place a time limit on some other types of election petitions. For example, in MCL 168.961; MSA 6.1961, the Legislature has provided for a 90-day 'freshness' requirement for signatures on recall petitions. Similarly, in MCL 168.472a; MSA 6.1472(1), the Legislature has provided that signatures contained on initiative petitions, which are more than 180 days old at the time of filing, are presumed to be stale and void. See Consumers Power Co v Attorney General, 426 Mich 1; 392 NW2d 513 (1986).

The lack of a date for the commencement of circulating nominating petitions for precinct delegate causes a multitude of problems. As observed in 2 OAG, 0958, No 3330, supra, at p 280:

'The absence of statutory provision definitely fixing the date of commencement of such period results in an undesirable situation. The statute provides for the checking of signatures on the petitions following the filing thereof against the registration records. The greater the period of time between the dates of signing and the date of filing such petition the greater the number of changes in such registration records which will have resulted in the interim due to the death or change of address of electors. Furthermore, any person knowingly signing more than one petition for the same office except where more than one candidate is to be nominated is guilty of a criminal offense. The circulation of petitions over an extended period of time would tend to increase the number of instances in which electors due to lapse of memory sign petitions for more than one candidate.

'A nominating petition should reflect current support for such candidate. It is only fair to all concerned, including the elector, that at the time of signing the petition he be informed in so far as possible of the existence and identity of other potential candidates for the same office. This would result in petitions reflecting current and informed support for the particular candidate. . . .'

Moreover, it must be noted that additional problems may occur when election precincts are divided or rearranged shortly before the county primary election. See MCL 168.656-168.661; MSA 6.1656-6.1661. See also letter opinions of the Attorney General (Secretary of State James M. Hare, March 27, 1968 and Secretary of State James M. Hare, May 15, 1968).

Accordingly, the Legislature may wish to consider legislation establishing a time limit for obtaining signatures upon nominating petitions for precinct delegate.

It is my opinion, therefore, that there is no time limit for obtaining signatures on nominating petitions for precinct delegates. Candidates for precinct delegate may circulate their nominating petitions at any time between the date of the commencement of the current term of the office of precinct delegate and the date upon which the nominating petitions are required to be filed.

Frank J. Kelley

Attorney General