Michigan Compiled Laws

Mich. Comp. Laws § 168.163 (2026)

Candidate for state senator or representative; nominating petitions; signatures; form; filing; nonrefundable filing fee in lieu of nominating petition; deposit and use of fee.

✓ current as of July 2026

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MICHIGAN ELECTION LAW

Act 116 of 1954

168.163 Candidate for state senator or representative; nominating petitions; signatures; form; filing; nonrefundable filing fee in lieu of nominating petition; deposit and use of fee.

Sec. 163.

(1) To obtain the printing of the name of an individual as a candidate for nomination by a political party for the office of state senator or representative under a particular party heading upon the official primary ballots in the various election precincts of a district, there must be filed nominating petitions signed by a number of qualified and registered electors residing in the district as determined under section 544f. If the district comprises more than 1 county, the nominating petitions must be filed with the secretary of state. If the district comprises 1 county or less, the nominating petitions must be filed with the county clerk of that county. Nominating petitions must be in the form prescribed in section 544c. The secretary of state and the various county clerks shall receive nominating petitions for filing in accordance with this act up to 4 p.m. of the fifteenth Tuesday before the August primary.

(2) In lieu of filing a nominating petition, a nonrefundable filing fee of $100.00 may be paid to the county clerk or, for a candidate in a district comprising more than 1 county, to the secretary of state. Payment of the fee and certification of the name of the candidate paying the fee are governed by the same provisions as in the case of nominating petitions. The fee must be deposited in the general fund of the candidate's county of residence and must be used only for the purchase and maintenance of voting equipment.

History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 1957, Act 125, Eff. Sept. 27, 1957 ;-- Am. 1976, Act 3, Imd. Eff. Feb. 3, 1976 ;-- Am. 1990, Act 7, Imd. Eff. Feb. 12, 1990 ;-- Am. 1996, Act 583, Eff. Mar. 31, 1997 ;-- Am. 1999, Act 218, Eff. Mar. 10, 2000 ;-- Am. 2012, Act 276, Eff. Aug. 16, 2012 ;-- Am. 2021, Act 144, Imd. Eff. Dec. 27, 2021

PopularName Notes:

Election Code

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1960–2026 · leading case: People v. Smith, 918 N.W.2d 718 (Mich. 2018).

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People v. Smith, 918 N.W.2d 718 (Mich. 2018). “, MCL 168.163(1) (providing that "a candidate for nomination by a political party for the office of state senator or representative" must file "nominating petitions signed by a number of qualified and registered electors residing in the district as determined under" MCL 168.”

Scholle v. Sec'y of State, 116 N.W.2d 350 (Mich. 1962). · cites it 2× “Plaintiff asks this Court to issue a writ of mandamus "commanding the defendant not to issue 1962 election notices for State senators," evidently realizing that he is asking this Court to emasculate and render powerless the Michigan election laws, and more particularly CLS 1956,…”

Dozier v. Auto. Club of Mich., 244 N.W.2d 376 (Mich. Ct. App. 1976). “1133 (Representative to United States Congress): MCLA 168.163; MSA 6.1163 (State Senator or Representative); 13 and MCLA 168.”

In Re Apportionment of State Legislature, 197 N.W.2d 249 (Mich. 1972). · cites it 2× “See MCLA 168.163; MSA 6.1163, and 1 OAG, 1955, No 2,403, p 784 (December 30, 1955).”

Scholle v. Sec'y of State, 104 N.W.2d 63 (Mich. 1960). “CLS 1956, § 168.163, as amended by PA 1957, No 125 (Stat Ann 1959 Cum Supp § 6.”

Robert Davis v. Sec'y of State (Mich. Ct. App. 2026). · cites it 2× “See MCL 168.163; MCL 168.558(1). Plaintiff waited until three days after the deadline for challenging the AOI, on May 1, 2026, to challenge Ervin’s AOI with the Wayne County Election Clerk.”

— Mich. Comp. Laws § 168.163(1) — 1 case

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