§ 168.552Nominating petitions; certification by county or city clerk; sworn complaint;

en · 13,773 chars · active
investigation to determine validity of signatures and genuineness of petition; examination
 of petitions; declaration of sufficiency or insufficiency of petitions; review; filing of
 nominating petitions with secretary of state; notification; canvass of petitions; hearing;
 subpoenas; oaths; adjournment; completion of canvass; availability to public;
 declaration; request for notice of approval or rejection of petition; judicial review; use of
 qualified voter file; certification to boards of election commissioners.
 Sec. 552.
    (1) The county or city clerk, after the last day specified in this act for receiving and filing
 nominating petitions, shall immediately certify to the proper board or boards of election
 commissioners in the city, county, district, or state the name and post office address of each
 party candidate whose petitions meet the requirements of this act, together with the name of
 the political party and the office for which he or she is a candidate.
    (2) If the county clerk receives a sworn complaint, in writing, questioning the registration or
 genuineness of the signature of the circulator or of a person signing a petition filed with the
 county clerk for an office, the county clerk shall commence an investigation. The county clerk
 shall cause the petition that he or she considers necessary to be forwarded to the proper city
 clerk or township clerk to compare the signatures appearing on the petition with the signatures
 appearing on the registration record as required by subsection (13). The county clerk may
 conduct the signature comparisons as required by subsection (13) using the digitized
 signatures in the qualified voter file, in lieu of requesting the local clerk to conduct the
 signature comparison. If the request has been made by the county clerk, the city clerk or
 township clerk shall complete the investigation and report his or her findings to the county
 clerk within 7 days after the request. The investigation shall include the validity of the
 signatures and the genuineness of a petition as is specified in the sworn complaint and may
 include any other doubtful signatures or petitions filed on behalf of the candidate against
 whose petitions the sworn complaint is directed, as the county clerk considers necessary. The
 county clerk is not required to act on a complaint respecting the validity and genuineness of
 signatures on a petition unless the complaint sets forth the specific signatures claimed to be
 invalid and the specific petition for which the complaint questions the validity and



                                                                     Michigan Compiled Laws Complete Through PA 9 of 2026
Rendered Thursday, April 30, 2026              Page 216 of 478                               Courtesy of legislature.mi.gov

 genuineness of the signature or registration of the circulator, and unless the complaint is
 received by the county clerk within 7 days after the deadline for the filing of the nominating
 petitions.
    (3) In addition to the duty specified in subsection (2) for the examination of petitions, the
 county clerk, on his or her own initiative, on receipt of the nominating petitions, may examine
 the petitions, and if after examination the county clerk is in doubt as to the validity of the
 registration or genuineness of the signature of the circulator or persons signing or purported to
 have signed the petitions, the county clerk shall commence an investigation. Subject to
 subsection (13), the county clerk shall cause the petitions in question to be forwarded to the
 proper city clerk or township clerk to compare the signatures appearing on the petitions with
 the signatures appearing on the registration records. The county clerk may conduct the
 signature comparisons as required by subsection (13) using the digitized signatures in the
 qualified voter file, in lieu of requesting the local clerk to conduct the signature comparison.
    (4) The clerk of a political subdivision shall cooperate fully with the county clerk in a
 request made to the clerk by the county clerk in determining the validity of doubtful signatures
 by checking the signatures against registration records in an expeditious and proper manner.
    (5) At least 2 business days before the county clerk makes a final determination on
 challenges to and sufficiency of a petition, the county clerk shall make public its staff report
 concerning disposition of challenges filed against the petition. Beginning with the receipt of
 any document from local election officials under subsection (2) or (3), the county clerk shall
 make that document available to petitioners and challengers on a daily basis.
    (6) Upon the completion of the investigation or examination, the county clerk shall
 immediately make an official declaration of the sufficiency or insufficiency of nominating
 petitions for which a sworn complaint has been received or of the sufficiency or insufficiency
 of nominating petitions that the county clerk has examined or investigated on his or her own
 initiative. A person feeling aggrieved by a determination made by the county clerk may have
 the determination reviewed by the secretary of state by filing a written request with the
 secretary of state within 3 days after the official declaration of the county clerk, unless the
 third day falls on a Saturday, Sunday, or legal holiday, in which case the request may be filed
 not later than 4 p.m. on the next day that is not a Saturday, Sunday, or legal holiday.
 Alternatively, the aggrieved person may have the determination of the county clerk reviewed
 by filing a mandamus, certiorari, or other appropriate remedy in the circuit court. A person
 who filed a nominating petition and feels aggrieved by the determination of the secretary of
 state may then have that determination reviewed by mandamus, certiorari, or other appropriate
 remedy in the circuit court.
    (7) A city clerk with whom nominating petitions are filed may examine the petitions and
 investigate the validity and genuineness of signatures appearing on the petitions. Subject to
 subsection (13), the city clerk may check the signatures against registration records. The city
 clerk shall make a determination as to the sufficiency or insufficiency of the petitions upon the
 completion of the examination or investigation, and shall make an official declaration of the
 findings. A person feeling aggrieved by the determination has the same rights of review as in
 case of a determination by the county clerk.
    (8) Upon the filing of nominating petitions with the secretary of state, the secretary of state
 shall notify the board of state canvassers within 5 days after the last day for filing the
 petitions. The notification shall be by first-class mail. Upon the receipt of the nominating
 petitions, the board of state canvassers shall canvass the petitions to ascertain if the petitions
 have been signed by the requisite number of qualified and registered electors. Subject to
 subsection (13), for the purpose of determining the validity of the signatures, the board of state


                                                               Michigan Compiled Laws Complete Through PA 9 of 2026
Rendered Thursday, April 30, 2026          Page 217 of 478                             Courtesy of legislature.mi.gov

 canvassers may cause a doubtful signature to be checked against the qualified voter file or the
 registration records by the clerk of a political subdivision in which the petitions were
 circulated. If the board of state canvassers receives a sworn complaint, in writing, questioning
 the registration of or the genuineness of the signature of the circulator or of a person signing a
 nominating petition filed with the secretary of state, the board of state canvassers shall
 commence an investigation. Subject to subsection (13), the board of state canvassers shall
 verify the registration or the genuineness of a signature as required by subsection (13). If the
 board is unable to verify the genuineness of a signature on a petition, the board shall cause the
 petition to be forwarded to the proper city clerk or township clerk to compare the signatures on
 the petition with the signatures on the registration record, or in some other manner determine
 whether the signatures on the petition are valid and genuine. The board of state canvassers is
 not required to act on a complaint respecting the validity and genuineness of signatures on a
 petition unless the complaint sets forth the specific signatures claimed to be invalid and the
 specific petition for which the complaint questions the validity and genuineness of the
 signature or the registration of the circulator, and unless the complaint is received by the board
 of state canvassers within 7 days after the deadline for filing the nominating petitions. After
 receiving a request from the board of state canvassers under this subsection, the clerk of a
 political subdivision shall cooperate fully in determining the validity of doubtful signatures by
 rechecking the signatures against registration records in an expeditious and proper manner.
 The board of state canvassers may extend the 7-day challenge period if it finds that the
 challenger did not receive a copy of each petition sheet that the challenger requested from the
 secretary of state. The extension of the challenge deadline under this subsection does not
 extend another deadline under this section.
    (9) The board of state canvassers may hold a hearing upon a complaint filed or for a purpose
 considered necessary by the board of state canvassers to conduct an investigation of the
 petitions. In conducting a hearing, the board of state canvassers may issue subpoenas and
 administer oaths. The board of state canvassers may also adjourn periodically awaiting receipt
 of returns from investigations that are being made or for other necessary purposes, but shall
 complete the canvass not less than 9 weeks before the primary election at which candidates are
 to be nominated. Before making a final determination, the board of state canvassers may
 consider any deficiency found on the face of the petition that does not require verification
 against data maintained in the qualified voter file or in the voter registration files maintained
 by a city or township clerk.
    (10) At least 2 business days before the board of state canvassers meets to make a final
 determination on challenges to and sufficiency of a petition, the board shall make public its
 staff report concerning disposition of challenges filed against the petition. Beginning with the
 receipt of any document from local election officials under subsection (8), the board of state
 canvassers shall make that document available to candidates and challengers on a daily basis.
    (11) An official declaration of the sufficiency or insufficiency of a nominating petition shall
 be made by the board of state canvassers not less than 60 days before the primary election at
 which candidates are to be nominated. At the time of filing a nominating petition with the
 secretary of state, the person filing the petition may request a notice of the approval or
 rejection of the petition. If a request is made at the time of filing the petition, the secretary of
 state, immediately upon the determination of approval or rejection, shall transmit by registered
 mail to the person making the request an official notice of the sufficiency or insufficiency of
 the petitions.
    (12) A person who filed a nominating petition with the secretary of state and who feels
 aggrieved by a determination made by the board of state canvassers may have the


                                                                Michigan Compiled Laws Complete Through PA 9 of 2026
Rendered Thursday, April 30, 2026           Page 218 of 478                             Courtesy of legislature.mi.gov

 determination reviewed by mandamus, certiorari, or other appropriate process in the supreme
 court.
    (13) The qualified voter file may be used to determine the validity of petition signatures by
 verifying the registration of signers. If the qualified voter file indicates that, on the date the
 elector signed the petition, the elector was not registered to vote, there is a rebuttable
 presumption that the signature is invalid. If the qualified voter file indicates that, on the date
 the elector signed the petition, the elector was not registered to vote in the city or township
 designated on the petition, there is a rebuttable presumption that the signature is invalid. The
 qualified voter file shall be used to determine the genuineness of a signature on a petition.
 Signature comparisons shall be made with the digitized signatures in the qualified voter file.
 The county clerk or the board of state canvassers shall conduct the signature comparison using
 digitized signatures contained in the qualified voter file for their respective investigations. If
 the qualified voter file does not contain a digitized signature of an elector, the city or the
 township clerk shall compare the petition signature to the signature contained on the master
 card.
    (14) Not less than 60 days before the primary election at which candidates are to be
 nominated, the secretary of state shall certify to the proper boards of election commissioners
 in the various counties in the state, the name and post office address of each partisan or
 nonpartisan candidate whose petitions have been filed with the secretary of state and meet the
 requirements of this act, together with the name of the political party, if any, and the office for
 which he or she is a candidate.

Primary source. The text above is the canonical statute body as it appears in this revision of the atlas. Verify against the official gazette before quoting in litigation or formal advice. Spot an error? Suggest a correction.