MICHIGAN ELECTION LAW
Act 116 of 1954
168.560a General election ballot; listing political party and name; qualification.
Sec. 560a.
A political party the principal candidate of which received at the last preceding general election a vote equal to or more than 1% of the total number of votes cast for the successful candidate for secretary of state at the last preceding election in which a secretary of state was elected is qualified to have its name and candidates listed on the next general election ballot.
History: Add. 1976, Act 94, Imd. Eff. Apr. 22, 1976 ;-- Am. 2017, Act 113, Eff. Oct. 25, 2017
Constitutionality Notes:
The Michigan supreme court, in Socialist Workers Party v Secretary of State, 412 Mich 571; 317 NW2d 1 (1982), held that 1976 PA 94, which added this section, violates Const 1963, art 1, § 2 and art 2, § 4, and the first and fourteenth amendments to the United States Constitution.
PopularName Notes:
Election Code
Notes of Decisions
Cited in
5
cases, 1976–2012 · leading case:
Erard v. Johnson, 905 F. Supp. 2d 782 (E.D. Mich. 2012).
Erard v. Johnson, 905 F. Supp. 2d 782 (E.D. Mich. 2012).
· cites it 28× “The significant number of minor political parties requalifying for ballot appearance under § 168.560a necessarily reduces competition among “new” political parties for petition signatures.”
Socialist Workers Party v. Sec'y of State, 317 N.W.2d 1 (Mich. 1982).
· cites it 6× “We granted plaintiffs' application for leave to appeal prior to a decision by the Court of Appeals and the motion to file a brief amicus curiae by the Metropolitan Detroit Branch of the American Civil Liberties Union of Michigan.”
Hudler v. Austin, 419 F. Supp. 1002 (E.D. Mich. 1976).
· cites it 6× “685 and §§ 168.560a and 168.560b, providing for the qualification of "new" parties for general election ballot positions.”
Libertarian Party v. Johnson, 905 F. Supp. 2d 751 (E.D. Mich. 2012).
· cites it 2× “At its Las Vegas convention held on May 3-6, 2012, the national Libertarian Party, a qualified political party under Michigan law, MCL § 168.560a, but not a major party, MCL § 168.”
Hall v. Austin, 495 F. Supp. 782 (E.D. Mich. 1980).
“§§ 168.560a, 168.560b, 168.685. For example, the statutory procedures for candidates of minority parties require that the party certify to the Secretary of State, three months before the primary, the names of its candidates, and petitions bearing a designated number of voters’…”
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