House committee hears bill to stop nonpartisan candidates being disqualified over affidavit box

The House Committee on Election Integrity heard testimony on House Bill 4,861 on a proposal to remove the requirement that candidates for nonpartisan offices declare party affiliation on the affidavit of identity.

Representative Outman, who introduced the measure, told the committee, "House Bill 4,861 is a simple but important fix to Michigan's election law." He said the change is needed because "qualified candidates were disqualified from the ballot over this technicality" in 2020 and 2022 and that the Michigan Supreme Court in Davis v. Highland Park City Clerk had signaled the law is unclear and urged legislative correction.

Judge Kelly Ramsey, testifying by video, described her personal experience. Ramsey said she left the party-affiliation line blank when filing for a nonpartisan judicial race and later was the subject of a 2022 lawsuit by Robert Davis challenging her affidavit. She told the committee the episode caused "considerable stress, aggravation, and quite frankly, financial loss," and said she contacted the Michigan Department of State Bureau of Elections in March 2022, spoke with several staff and a supervisor, and received an email from an analyst "assuring me that my 2022 affidavit filed was a 100% accurate." Ramsey said courts ultimately preserved incumbents in part because the challenges were filed late.

Representative Wooden asked that Outman provide the affidavit Ramsey referenced so committee members could compare it with the current form; Wooden noted the affidavit "appears to have been revised at least this year," and said codifying any administrative fixes in statute would guard against future confusion. Outman agreed to provide the form and to pursue statutory language to codify the change.

Judge Margaret Van Houten, also on Zoom, said the problem extends beyond judges and affects any nonpartisan office, such as city councils and mayoral races. Van Houten recounted that litigation in Highland Park and other challenges resulted in candidates being knocked off local ballots and said the bill would reduce the chance of similar outcomes.

The clerk read submitted support cards from organizations and officials, including the Michigan Association of Municipal Clerks, the Michigan Department of State, the State Court Administrative Office, Pure Integrity Michigan Elections, and the Michigan Judges Association.

The committee adopted the minutes from Sept. 30 by unanimous consent earlier in the session. Committee members did not take a vote on House Bill 4,861 during this meeting; no motion to advance the bill was recorded. The committee adjourned with no further business.

Next steps: Representative Outman said he would provide the affidavit referenced in testimony so members could compare versions and consider statutory language to codify any necessary administrative corrections.