LIEUTENANT GOVERNOR; SECRETARY OF STATE; ATTORNEY GENERAL

MCL ch. 168, subtit. Act 116 of 1954, ch. VI

in effect

MCL 168.71 Offices of secretary of state or attorney general; eligibility.

168.71. Offices of secretary of state or attorney general; eligibility. Sec. 71. A person is not eligible to the offices of secretary of state or attorney general if the person is not a registered and qualified elector of this state by the date the person is nominated for the office. 1954, Act 116, Eff. June 1, 1955; Am. 1963, 2nd Ex. Sess., Act 4, 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] Election Code

MCL 168.72 Candidates for lieutenant governor, secretary of state, attorney general; nomination at fall state convention.

168.72. Candidates for lieutenant governor, secretary of state, attorney general; nomination at fall state convention. Sec. 72. At its fall state convention, each political party may nominate a candidate for each of the offices of lieutenant governor, secretary of state and attorney general. 1954, Act 116, Eff. June 1, 1955; Am. 1955, Act 271, Imd. Eff. June 30, 1955; Am. 1963, 2nd Ex. Sess., Act 4, Imd. Eff. Dec. 27, 1963 [PopularName] Election Code

MCL 168.73 Offices of lieutenant governor, secretary of state, and attorney general; nominees; list.

168.73. Offices of lieutenant governor, secretary of state, and attorney general; nominees; list. Sec. 73. Not more than 24 hours after the conclusion of the fall state convention, the state central committee of each political party shall canvass the proceedings of the convention and determine the nominees of the convention for the offices of lieutenant governor, secretary of state, and attorney general. Not more than 1 business day after the conclusion of the convention, the chairperson and secretary of the state central committee shall forward to the secretary of state a typewritten or printed list of the names and residence, including the street address if known, of candidates nominated at the state convention. The secretary of state shall forward a copy of a list received under this section to the board of election commissioners of each county, in care of the county clerk at the county seat. 1954, Act 116, Eff. June 1, 1955; Am. 1955, Act 271, Imd. Eff. June 30, 1955; Am. 1999, Act 216, Imd. Eff. Dec. 28, 1999; Am. 2004, Act 92, Imd. Eff. Apr. 26, 2004 [Compiler] Act 269 of 2001, which was approved by the Governor and filed with the Secretary of State on January 11, 2002, provided for the amendment of MCL 168.31, 168.73, 168.283, 168.393, 168.509y, 168.509aa, 168.561a, 168.624, 168.624a, 168.686, 168.706, 168.727, 168.737, 168.745, 168.769, 168.782b, 168.795, 168.795c, 168.797a, 168.798c, 168.799a, 168.803, 168.804, 168.842, and 168.931 of, the addition of Sec. 701 to, and the repeal of Sec. 509 of, Act 116 of 1954, known as the Michigan Election Law. A petition seeking a referendum on Act 269 of 2001 was filed with the Secretary of State. The Board of State Canvassers officially declared the sufficiency of the referendum petition on May 14, 2002. Const 1963, art 2, sec 9, provides that no law as to which the power of referendum properly has been invoked shall be effective thereafter unless approved by a majority of the electors voting thereon at the next general election. A referendum on Act 269 of 2001 was presented to the electors at the November 5, 2002, general election as Proposal 02-1, which read as follows: [Compiler] “A REFERENDUM ON PUBLIC ACT 269 OF 2001--AN ACT TO AMEND CERTAIN SECTIONS OF MICHIGAN ELECTION LAW [Compiler] Public Act 269 of 2001 would: [Compiler] --Eliminate “straight party” vote option on partisan general election ballots. [Compiler] --Require Secretary of State to obtain training reports from local election officials. [Compiler] --Require registered voters who do not appear on registration list to show picture identification before voting a challenged ballot. [Compiler] --Require expedited canvass if presidential vote differential is under 25,000. [Compiler] --Require ballot counting equipment to screen ballots for voting errors to ensure the accurate tabulation of absentee ballots. Permit voters in polls to correct errors. [Compiler] --Provide penalties for stealing campaign signs or accepting payment for campaign work while being paid as a public employee to perform election duties. [Compiler] Should this law be approved? [Compiler] Yes __________ [Compiler] No __________” [Compiler] Act 269 of 2001 was not approved by a majority of the electors voting thereon at the November 5, 2002, general election. [PopularName] Election Code

MCL 168.74 Candidates; withdrawal; notice.

168.74. Candidates; withdrawal; notice. Sec. 74. A person who has been certified by the state central committee of any party as nominated for the office of lieutenant governor, secretary of state, or attorney general may withdraw by filing a written notice of withdrawal with the secretary of state or his or her authorized agent and a copy with the chairperson and the secretary of the state central committee of the party not later than 4 p.m., eastern standard time, of the fourth business day following the conclusion of the convention at which the person was nominated. 1954, Act 116, Eff. June 1, 1955; Am. 1955, Act 271, Imd. Eff. June 30, 1955; Am. 1963, 2nd Ex. Sess., Act 4, Imd. Eff. Dec. 27, 1963; Am. 1999, Act 216, Imd. Eff. Dec. 28, 1999 [PopularName] Election Code

MCL 168.75 Candidates; death, withdrawal or disqualification; new candidate, selection, certification; ballots.

168.75. Candidates; death, withdrawal or disqualification; new candidate, selection, certification; ballots. Sec. 75. When a candidate of a political party, after having been nominated to the office of lieutenant governor, secretary of state or attorney general, shall die, withdraw, remove from the state, or become disqualified for any reason, the state central committee of such party shall meet forthwith and by a majority vote of the members thereof shall select a candidate to fill the vacancy thereby caused. The name of the candidate so selected shall be immediately certified by the chairman and the secretary of said committee to the secretary of state and to the board of election commissioners for each county whose duty it is to prepare the official ballots and said board shall cause to be printed or placed upon said ballots, in the proper place, the name of the candidate so selected to fill the vacancy. 1954, Act 116, Eff. June 1, 1955; Am. 1963, 2nd Ex. Sess., Act 4, Imd. Eff. Dec. 27, 1963 [PopularName] Election Code

MCL 168.76 Secretary of state and attorney general; election.

168.76. Secretary of state and attorney general; election. Sec. 76. A secretary of state and attorney general shall be elected at the general election in 1964, 1966, and every fourth year thereafter. 1954, Act 116, Eff. June 1, 1955; Am. 1963, 2nd Ex. Sess., Act 4, Imd. Eff. Dec. 27, 1963 [PopularName] Election Code

MCL 168.77 Secretary of state and attorney general; certificate of determination by board of state canvassers.

168.77. Secretary of state and attorney general; certificate of determination by board of state canvassers. Sec. 77. The board of state canvassers shall determine which candidates for the offices of secretary of state and attorney general have received the greatest number of votes and shall declare such candidates to be duly elected. The said board shall forthwith make and subscribe on its statement of returns a certificate of such determination and deliver the same to the secretary of state. 1954, Act 116, Eff. June 1, 1955; Am. 1963, 2nd Ex. Sess., Act 4, Imd. Eff. Dec. 27, 1963 [PopularName] Election Code

MCL 168.78 Secretary of state and attorney general; certificate of election.

168.78. Secretary of state and attorney general; certificate of election. Sec. 78. The secretary of state shall file in his office and preserve the original statements and determination of the board of state canvassers of the results of the election and shall forthwith execute and cause to be delivered to the persons thereby declared to be elected to the offices of secretary of state and attorney general certificates of election, certified by him under the great seal of the state. 1954, Act 116, Eff. June 1, 1955; Am. 1963, 2nd Ex. Sess., Act 4, Imd. Eff. Dec. 27, 1963 [PopularName] Election Code

MCL 168.79 Secretary of state and attorney general; terms of office.

168.79. Secretary of state and attorney general; terms of office. Sec. 79. The terms of office of the secretary of state and attorney general shall commence at 12 noon on January 1 next following the election, and shall continue until a successor is elected and qualified. The terms of office of the secretary of state and attorney general elected at the general election in 1964 shall be 2 years. The terms of office of the secretary of state and attorney general elected at the general election in 1966 and every fourth year thereafter shall be 4 years. 1954, Act 116, Eff. June 1, 1955; Am. 1963, 2nd Ex. Sess., Act 4, Imd. Eff. Dec. 27, 1963 [PopularName] Election Code

MCL 168.80 Secretary of state and attorney general; oath of office, bond, deposit.

168.80. Secretary of state and attorney general; oath of office, bond, deposit. Sec. 80. Every person elected to the office of secretary of state or attorney general, before entering upon the duties of his office, shall take and subscribe to the oath as provided in section 1 of article 11 of the state constitution, and shall give bond in the amount and manner prescribed by law, and shall deposit said oath and bond with the secretary of state, except that any person elected to the office of secretary of state shall deposit said oath and bond with the attorney general. 1954, Act 116, Eff. June 1, 1955; Am. 1963, 2nd Ex. Sess., Act 4, Imd. Eff. Dec. 27, 1963 [PopularName] Election Code

MCL 168.81 Secretary of state or attorney general; resignation, notice.

168.81. Secretary of state or attorney general; resignation, notice. Sec. 81. Any person duly elected to the office of secretary of state or attorney general who desires to resign shall file a written notice, containing the effective date of such resignation, with the governor and a copy with the office of the secretary of state. 1954, Act 116, Eff. June 1, 1955; Am. 1963, 2nd Ex. Sess., Act 4, Imd. Eff. Dec. 27, 1963 [PopularName] Election Code

MCL 168.82 Secretary of state or attorney general; vacancy, creation, notice to governor.

168.82. Secretary of state or attorney general; vacancy, creation, notice to governor. Sec. 82. The office of secretary of state or attorney general shall become vacant upon the happening of any of the following events: Death of the incumbent; his resignation; his removal from office for cause; his ceasing to be a resident of the state; his conviction of an infamous crime or an offense involving the violation of his oath of office; the decision of a competent tribunal declaring his election or appointment void; or his neglect or refusal to take and subscribe to the constitutional oath of office and deposit the same in the manner and within the time prescribed by law. When a vacancy shall occur in any of the said offices, a notice of such vacancy and the reason why the same exists shall, within 10 days after such vacancy occurs, be given in writing to the governor. Such notice shall be given by the secretary of state unless such vacancy occurs in the office of the secretary of state, then by the attorney general. 1954, Act 116, Eff. June 1, 1955; Am. 1963, 2nd Ex. Sess., Act 4, Imd. Eff. Dec. 27, 1963 [PopularName] Election Code

MCL 168.83 Secretary of state or attorney general; impeachment; removal from office; service of charges, hearing.

168.83. Secretary of state or attorney general; impeachment; removal from office; service of charges, hearing. Sec. 83. Any person holding the office of secretary of state or attorney general may be removed from office upon conviction in impeachment proceedings for the reasons and in the manner set forth in section 7 of article 11 of the state constitution. The governor shall have the power and it shall be his duty, except at such times as the legislature may be in session, to examine into the condition and administration of the public offices and the acts of the public officers enumerated herein, and to remove from office for gross neglect of duty or for corrupt conduct in office, or any other misfeasance or malfeasance therein, and report the causes of such removal to the legislature at its next session as provided in section 10 of article 5 of the state constitution. Such person shall be served with a written notice of the charges against him and be afforded an opportunity for a public hearing conducted personally by the governor. 1954, Act 116, Eff. June 1, 1955; Am. 1963, 2nd Ex. Sess., Act 4, Imd. Eff. Dec. 27, 1963 [PopularName] Election Code

MCL 168.84 Secretary of state or attorney general; vacancy; successor, appointment by governor, oath of office, bond.

168.84. Secretary of state or attorney general; vacancy; successor, appointment by governor, oath of office, bond. Sec. 84. Whenever a vacancy shall occur in the office of secretary of state or attorney general, the governor shall appoint a successor to fill such vacancy and the person so appointed shall take the oath of office, give bond in the manner required by law and shall hold such office until his successor is elected and qualified. The candidate receiving the highest number of votes for either of said offices who has subscribed to the constitutional oath and filed the requisite bond shall be deemed to be elected and qualified even though a vacancy occurs prior to the time he shall have entered upon the duties of his office. 1954, Act 116, Eff. June 1, 1955; Am. 1963, 2nd Ex. Sess., Act 4, Imd. Eff. Dec. 27, 1963 [PopularName] Election Code

MCL 168.85 Secretary of state or attorney general; election, recount of votes.

168.85. Secretary of state or attorney general; election, recount of votes. Sec. 85. The votes cast for any candidate for the office of secretary of state or attorney general at any election shall be subject to recount as provided in chapter 33 of this act. 1954, Act 116, Eff. June 1, 1955; Am. 1963, 2nd Ex. Sess., Act 4, Imd. Eff. Dec. 27, 1963 [PopularName] Election Code

MCL 168.86 Secretary of state or attorney general; recall.

168.86. Secretary of state or attorney general; recall. Sec. 86. Any person elected to the office of secretary of state or attorney general shall be subject to recall as provided in chapter 36 of this act and in section 8 of article 2 of the state constitution. 1954, Act 116, Eff. June 1, 1955; Am. 1963, 2nd Ex. Sess., Act 4, Imd. Eff. Dec. 27, 1963 [PopularName] Election Code

Source: Michigan Legislature (legislature.mi.gov)URL: https://legislature.mi.gov/documents/mcl/Chapter%20168.xmlFetched: 10/20/2026