TrustVoting Atlas

candidacy; affidavit of identity; requirement to indicate name change; exception;
 statement; noncompliance; selection of office to which candidacy restricted; failure to
 make selection; perjury separate violation.
 Sec. 558.
    (1) When filing a nominating petition, qualifying petition, filing fee, or affidavit of
 candidacy for a federal, county, state, city, township, village, metropolitan district, or school
 district office in any election, a candidate shall file with the officer with whom the petitions,
 fee, or affidavit is filed 2 copies of an affidavit of identity. A candidate nominated for a federal,
 state, county, city, township, or village office at a political party convention or caucus shall file
 an affidavit of identity within 1 business day after being nominated with the secretary of state.
 The affidavit of identity filing requirement does not apply to a candidate nominated for the
 office of President of the United States or Vice President of the United States.
    (2) An affidavit of identity must contain the candidate's name and residential address; a
 statement that the candidate is a citizen of the United States; the title of the office sought
 including the jurisdiction, district, circuit, or ward; the candidate's political party or a
 statement indicating no party affiliation if the candidate is running without political party
 affiliation; the term of office; the date of the election in which the candidate wishes to appear
 on the ballot; a statement that the candidate meets the constitutional and statutory
 qualifications for the office sought; other information that may be required to satisfy the
 officer as to the identity of the candidate; and the manner in which the candidate wishes to
 have his or her name appear on the ballot. If a candidate is using a name that is not a name that
 he or she was given at birth, the candidate shall include on the affidavit of identity the
 candidate's full former name. If the affidavit of identity is for a candidate for precinct delegate,
 the candidate shall include his or her precinct number on the affidavit of identity. If the
 affidavit of identity is for a judicial candidate, the candidate shall include on the affidavit of
 identity whether the office sought is an incumbent position, a nonincumbent position, or a new
 judgeship.
    (3) The requirement to indicate a name change on the affidavit of identity does not apply if
 the name in question is 1 of the following:
    (a) A name that was formally changed at least 10 years before filing as a candidate.
    (b) A name that was changed in a certificate of naturalization issued by a federal district
 court at the time the individual became a naturalized citizen at least 10 years before filing as a
 candidate.
    (c) A name that was changed because of marriage.
    (d) A name that was changed because of divorce, but only if to a legal name by which the
 individual was previously known.
    (e) A name that constitutes a common law name as provided in section 560b.



                                                                   Michigan Compiled Laws Complete Through PA 9 of 2026
Rendered Thursday, April 30, 2026             Page 221 of 478                              Courtesy of legislature.mi.gov

    (4) An affidavit of identity must include a signed and notarized statement that as of the date
 of the affidavit, all statements, reports, late filing fees, and fines required of the candidate or
 any candidate committee organized to support the candidate's election under the Michigan
 campaign finance act, 1976 PA 388, MCL 169.201 to 169.282, have been filed or paid; and a
 statement that the candidate acknowledges that making a false statement in the affidavit is
 perjury, punishable by a fine up to $1,000.00 or imprisonment for up to 5 years, or both. If a
 candidate files the affidavit of identity with an officer other than the county clerk or secretary
 of state, the officer shall immediately forward to the county clerk 1 copy of the affidavit of
 identity by first-class mail, facsimile, or electronic transmission. The county clerk shall
 immediately forward 1 copy of the affidavit of identity for state and federal candidates to the
 secretary of state by first-class mail, facsimile, or electronic transmission. An officer shall not
 certify to the board of election commissioners the name of a candidate who fails to comply
 with this section, or the name of a candidate who executes an affidavit of identity that contains
 a false statement with regard to any information or statement required under this section.
    (5) If petitions or filing fees are filed by or on behalf of a candidate for more than 1 office,
 either federal, state, county, city, village, township, metropolitan district, or school district, the
 terms of which run concurrently or overlap, the candidate so filing, or on behalf of whom
 petitions or fees were so filed, shall select the 1 office to which his or her candidacy is
 restricted within 3 days after the last day for the filing of petitions or filing fees unless the
 petitions or filing fees are filed for 2 offices that are combined or for offices that are not
 incompatible. Failure to make the selection disqualifies a candidate with respect to each office
 for which petitions or fees were so filed and the name of the candidate must not be printed
 upon the ballot for those offices. A vote cast for that candidate at the ensuing primary or
 general election must not be counted and is void.
    (6) A violation of this section for perjury is distinct and separate from any violation of the
 Michigan campaign finance act, 1976 PA 388, MCL 169.201 to 169.282.