WeVote
Log In

Bill

Bill

HB 4861

Elections: candidates; affidavit of identity provision for partisan office candidates; clarify. Amends sec. 558 of 1954 PA 116 (MCL 168.558).

2025-2026 Regular Session Introduced by Pat Outman

HB 4861 narrows the affidavit of identity so nonpartisan candidates no longer must show party or No Party; only partisan nominees must state party, easing ballot eligibility.

REFERRED TO COMMITTEE ON ELECTIONS AND ETHICS
#elections:candidates #elections:politicalparties
0
WeVote Research Nonpartisan
Bill Summary · HB 4861

Summary — HB 4861 (2025)

Title: Elections: candidates; affidavit of identity provision for partisan office candidates; clarify. (Amends sec. 558 of 1954 PA 116 — MCL 168.558)

Purpose

HB 4861 narrows a 2021 affidavit-of-identity requirement so that candidates for nonpartisan offices are not required to state a political party or expressly state “No Party Affiliation” on their affidavit. The change is intended to remove confusion that has led to litigation and, in some cases, removal of nonpartisan candidates from ballots.

Key provisions

  • Amends MCL 168.558 to clarify affidavit contents.
  • Retains the general affidavit-of-identity filing requirements (two copies filed when submitting nominating/qualifying petitions, filing fees, or affidavit of candidacy; 1-business-day filing after party convention nomination for certain offices).
  • Specifies that the party-affiliation line (or an explicit “No Party Affiliation” statement) is required only if the candidate is seeking a partisan office.
  • Explicitly states nonpartisan-office candidates are not required to indicate party or no-party status.
  • Keeps existing requirements such as:
    • Candidate name/residential address, U.S. citizenship statement, title/term/date of election, eligibility statement, name format for ballot, precinct number for precinct-delegate candidates, and incumbent/nonincumbent/new-judgeship designation for judicial candidates.
    • Name-change exceptions (e.g., marriage, divorce, common-law, changes older than 10 years).
    • Signed, notarized certification that campaign finance reports/fees/fines are filed/paid.
    • Perjury consequences for false statements (fine up to $1,000, imprisonment up to 5 years, or both).
  • Affidavit-of-identity filing requirement continues not to apply to presidential or vice‑presidential nominees.

Who is affected

  • Primary beneficiaries: candidates for nonpartisan offices (e.g., judges, many local offices, certain school or municipal positions).
  • Also affects election officials (county clerks, Secretary of State) who process affidavits and ballots, and litigants/ courts that adjudicate qualification challenges.

Background / Rationale

  • The party-affiliation affidavit requirement was added in 2021. Courts have found the statutory language unclear as applied to nonpartisan races; some nonpartisan candidates left the party line blank and were later ruled not to satisfy the statutory filing requirements. At least two candidates were removed from ballots on this basis; other cases survived only because challenges were untimely.
  • Committee testimony and a Michigan Supreme Court justice urged legislative clarification before the next election cycle.
  • Secretary of State and court-related organizations testified in support; the affidavit form was revised (April 2025) to provide clearer guidance pending statutory clarification.

Procedural status & timeline

  • Filed: March 13, 2025.
  • Substitute (H‑1) adopted; reported from committee with recommendation (10‑28‑2025).
  • Passed by the Michigan House on November 4, 2025 (Roll Call #288: Yeas 100, Nays 0; immediate effect).
  • Referred to the Senate Committee on Elections and Ethics (11‑06‑2025).

Fiscal impact & positions

  • House Fiscal Agency: no fiscal impact on state or local government.
  • Supporters include: Department of State, Michigan Judges Association, State Court Administrative Office, Michigan Association of County Clerks, Michigan Association of Municipal Clerks, and others.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.