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Sponsor proposes 55‑day cutoff for reprinting ballots after a candidate vacancy
Summary
Representative Smith told the House Committee on Election Integrity HB 54-67 would require ballots to be reprinted only if a county candidate is replaced 55 or more days before an election; clerks testified 55 days gives necessary time for programming, testing and statutory delivery deadlines.
Representative Smith introduced House Bill 54-67 to clarify what election officials must do when a county-level candidate’s spot becomes vacant because of death, unfitness or disqualification. She said the bill would require new ballots only when a replacement is chosen 55 or more days before an election to avoid confusing mixes of printed ballots used by early and later voters.
"This gap in the election law could lead to a situation in which early voters may have filled out a ballot with the old candidate on it, while later voters will be filling out a ballot with the replacement candidate on it," Representative Smith said, arguing the 55-day line would align reprinting with early and absentee voting timelines.
Representative Smith told members the 55-day figure was suggested after consulting county clerks. "They felt that that was a reasonable time frame," she said, adding clerks and the Michigan Department of State were supportive.
Video testimony from Lisa Brown, Oakland County clerk, provided operational detail and a recent example. Brown said a July 2024 candidate death left counties in the position of having printed ballots, scheduled public accuracy tests and returned absentee ballots. "This bill gives us the the 55 days," Brown said, "gives us the time we need to do that and still meet the statutory 45 day delivery date as well as the 40 day constitutional right to voters to have, to receive a ballot." She also said Genesee and Oakland counties were sued in that 2024 case and that a court recognized it was impossible for clerks to implement all requirements under those timelines.
Brown told the committee that if a death occurs after the 55-day cutoff, a replacement could still proceed via write-in votes under current law; she cited the write-in declaration and deadline provisions as in statute 168.737a. Committee members asked questions about how past cases were handled and whether the bill’s deadline would cover all practical scenarios. Representative Altman said she would research a 2010 case raised in questioning to clarify prior practice.
No vote was taken on HB 54-67 during this hearing. The committee recorded support on witness cards from the Michigan Association of County Clerks and other groups.
The committee adjourned with the bills left in committee; members said they would continue to consider operational and statutory interactions, including how the 55-day cutoff aligns with other delivery and write-in deadlines.
