Michigan Compiled Laws

Mich. Comp. Laws § 168.431 (2026)

Judge of probate; eligibility.

✓ current as of July 2026
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MICHIGAN ELECTION LAW


Act 116 of 1954


168.431 Judge of probate; eligibility.

Sec. 431.

    A person is not eligible to the office of judge of probate unless the person is a registered and qualified elector of the county in which election is sought by the filing deadline or the date the person files the affidavit of candidacy, as provided in section 16 of article VI of the state constitution of 1963, is licensed to practice law in this state except as provided in section 7 of the schedule and temporary provisions of the state constitution of 1963, and, at the time of election, is less than 70 years of age.

History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 1963, 2nd Ex. Sess., Act 58, Imd. Eff. Dec. 27, 1963 ;-- Am. 1982, Act 505, Eff. Mar. 30, 1983 ;-- Am. 1999, Act 218, Eff. Mar. 10, 2000 ;-- Am. 2018, Act 120, Eff. Dec. 31, 2018

PopularName Notes:

Election Code
Notes of Decisions
Cited in 5 cases, 1973–2000 · leading case: In Re Kapcia, 205 N.W.2d 436 (Mich. 1973).
In Re Kapcia, 205 N.W.2d 436 (Mich. 1973). “1954 PA 116 , Sec 431, as amended by 1963 PA (2d) 58; MCLA 168.431; MSA 6.1431, provides as follows: 'No person shall be eligible to the office of judge of probate who is not a qualified elector of the county in which election is sought, as provided in section 16 of Art VI of…”
Breck v. Michigan, 203 F.3d 392 (6th Cir. 2000). “Mich. Comp. Laws § 168.411 (“§ 411”). A similar statute applies to probate court judges.”
State Bar Grievance Adm'r v. Moes, 205 N.W.2d 428 (Mich. 1973). “As a result of respondent’s suspension from the practice of law, the Judicial Tenure Commission recommends respondent’s removal from office citing Const 1963, art 6, § 19 and MCLA 168.431; MSA 6.1431. This is the same reasoning the Tenure Commission followed in In re Kapcia…”
Wartella v. City of East Detroit, 411 N.W.2d 751 (Mich. Ct. App. 1987). “1391 (Justice of the Supreme Court); MCL 168.409; MSA 6.1409 (judge of the Court of Appeals); MCL 168.”
Breck v. Michigan, 47 F. Supp. 2d 880 (E.D. Mich. 1999). “§ 168.431 (West 1989). On October 28, 1998, the judges filed *882 their complaint 1 , alleging-that the Michigan election law for state judicial candidates violates their right to equal protection under the Fourteenth Amendment.”
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