Mich. Comp. Laws » Michigan Compiled Laws / Chapter 168 / Act 116 of 1954
Michigan Compiled Laws

Mich. Comp. Laws § 168.686a (2026)

Nomination by caucus or convention where no candidate polls 5% of vote cast for candidates for secretary of state.

✓ current as of July 2026
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MICHIGAN ELECTION LAW


Act 116 of 1954


168.686a Nomination by caucus or convention where no candidate polls 5% of vote cast for candidates for secretary of state.

Sec. 686a.

    (1)  If a political party entitled to a position on the ballot failed to have at least 1 candidate who polled at least 5% of the total vote cast for all candidates for secretary of state at the last preceding election at which a secretary of state was elected, candidates for that political party shall be nominated as provided in section 532. County caucuses and state conventions for such political parties shall be held not later than the August primary.

    (2) County caucuses may nominate candidates for the office of representative in congress, state senator, and state representative if the offices represent districts contained wholly within the county, and for all county and township offices. Not more than 1 business day after the conclusion of the caucus, the names and mailing addresses of all candidates so nominated and the offices for which they were nominated shall be certified by the chairperson and secretary of the caucus to the county clerk. The certification shall be accompanied by an affidavit of identity for each candidate named in the certificate as provided in section 558 and a separate written certificate of acceptance of nomination signed by each candidate named on the certificate. The form of the certificate of acceptance shall be prescribed by the secretary of state. If a candidate is so certified with the accompanying affidavit of identity and certificate of acceptance, the name of the candidate shall be printed on the ballot for that election. Candidates nominated and certified shall not be permitted to withdraw.

    (3) The county caucus may also select the number of delegates to the state convention to which the county is entitled and shall select its own officers and name its own county committee.

    (4) The state convention shall be held at the time and place indicated in the call. The convention shall consist of delegates selected by the county caucuses. The convention may fill vacancies in a delegation from qualified electors of that county present at the convention. The convention may nominate candidates for all state offices. District candidates may be nominated at district caucuses held in conjunction with the state convention attended by qualified delegates of the district. If delegates of a district are not present, a district caucus shall not be held for that district and candidates shall not be nominated for that district. Not more than 1 business day after the conclusion of the convention, the names and mailing addresses of the candidates nominated for state or district offices shall be certified by the chairperson and secretary of the state convention to the secretary of state. The certification shall be accompanied by an affidavit of identity for each candidate named in the certificate as provided in section 558 and a separate written certificate of acceptance of nomination signed by each candidate named on the certificate. The form of the certificate of acceptance shall be prescribed by the secretary of state. The names of candidates so certified with accompanying affidavit of identity and certificate of acceptance shall be printed on the ballot for the forthcoming election. Candidates so nominated and certified shall not be permitted to withdraw.

History: Add. 1961, Act 223, Eff. Sept. 8, 1961 ;-- Am. 1973, Act 28, Imd. Eff. June 14, 1973 ;-- Am. 1976, Act 3, Imd. Eff. Feb. 3, 1976 ;-- Am. 1988, Act 116, Eff. Nov. 9, 1988 ;-- Am. 1999, Act 216, Imd. Eff. Dec. 28, 1999

Compiler's Notes:

    Section 2 of Act 116 of 1988 provides:

    “If any portion of this amendatory act or the application of this amendatory act to any person or circumstances shall be found to be invalid by a court, the invalidity shall not affect the remaining portions or applications of this amendatory act which can be given effect without the invalid portion or application, if the remaining portions are not determined by the court to be inoperable, and to this end this amendatory act is declared to be severable.”

PopularName Notes:

Election Code
Notes of Decisions
Cited in 8 cases (4 in the last 5 years), 1976–2024 · leading case: McCarthy v. Austin, 423 F. Supp. 990 (W.D. Mich. 1976).
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McCarthy v. Austin, 423 F. Supp. 990 (W.D. Mich. 1976). · cites it 2× “§ 168.686a, M.S.A. § 6.1686(1); (3) The Michigan Board of State Canvassers is directed to accept the petitions timely filed by the Michigan Committee for the Independent Candidacy of Eugene J.”
Am. Indep. Party v. Sec'y of State, 247 N.W.2d 17 (Mich. 1976). · cites it 2× “The Court states that "[a]fter Shields and Stephenson * * * the Legislature added the requirement that the vignette and names of candidates of a new political party be certified to the Secretary of State by the party's state central committee.”
Graveline v. Johnson, 336 F. Supp. 3d 801 (E.D. Mich. 2018). “§ 168.686a(4). Candidates from these parties do not have to circulate nominating petitions or obtain signatures in support of their candidacies.”
Robert F Kennedy Jr v. Sec'y of State (Mich. Ct. App. 2024). · cites it 9× “Defendant takes the position that the answer to the withdrawal question is found in the subsequent section of this state’s election law, MCL 168.686a. In general, the process for nominating a minor political party candidate is set forth in MCL 168.”
Kennedy v. Benson (E.D. Mich. 2024). · cites it 8× “On August 26, 2024, Defendant rejected Plaintiff’s withdrawal notice, citing MCL §168.686a(2). Id., see also ECF No. 1-3.”
Kennedy v. Benson (E.D. Mich. 2024). · cites it 3× “§168.686a(2). Id., see also ECF No. 1-3. On August 27, 2024, Plaintiff renewed his request to withdraw.”
Buchanan v. Sec'y of State, 616 N.W.2d 162 (Mich. 2000). “MCL 168.686a; MSA 6.1686(1). Thus, plaintiffs had to be nominated at a convention or caucus.”
Rosa Holliday v. Sec'y of State (Mich. Ct. App. 2024). “16 MCL 168.686a describes the process for certain parties to nominate candidates via county caucus or state convention.”
— Mich. Comp. Laws § 168.686a(1) — 1 case
Robert F Kennedy Jr v. Sec'y of State (Mich. Ct. App. 2024). “Defendant takes the position that the answer to the withdrawal question is found in the subsequent section of this state’s election law, MCL 168.686a. In general, the process for nominating a minor political party candidate is set forth in MCL 168.”
— Mich. Comp. Laws § 168.686a(2) — 3 cases
Kennedy v. Benson (E.D. Mich. 2024). “On August 26, 2024, Defendant rejected Plaintiff’s withdrawal notice, citing MCL §168.686a(2). Id., see also ECF No. 1-3.”
Robert F Kennedy Jr v. Sec'y of State (Mich. Ct. App. 2024). “Defendant takes the position that the answer to the withdrawal question is found in the subsequent section of this state’s election law, MCL 168.686a. In general, the process for nominating a minor political party candidate is set forth in MCL 168.”
Kennedy v. Benson (E.D. Mich. 2024). “§168.686a(2). Id., see also ECF No. 1-3. On August 27, 2024, Plaintiff renewed his request to withdraw.”
— Mich. Comp. Laws § 168.686a(4) — 4 cases
Graveline v. Johnson, 336 F. Supp. 3d 801 (E.D. Mich. 2018). “§ 168.686a(4). Candidates from these parties do not have to circulate nominating petitions or obtain signatures in support of their candidacies.”
Kennedy v. Benson (E.D. Mich. 2024). “On August 26, 2024, Defendant rejected Plaintiff’s withdrawal notice, citing MCL §168.686a(2). Id., see also ECF No. 1-3.”
Robert F Kennedy Jr v. Sec'y of State (Mich. Ct. App. 2024). “Defendant takes the position that the answer to the withdrawal question is found in the subsequent section of this state’s election law, MCL 168.686a. In general, the process for nominating a minor political party candidate is set forth in MCL 168.”
Kennedy v. Benson (E.D. Mich. 2024). “§168.686a(2). Id., see also ECF No. 1-3. On August 27, 2024, Plaintiff renewed his request to withdraw.”
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