Information provided by ECDP Member Jack Devine from the Secretary of State’s office:
The Constitution outlines that a commissioner cannot currently be or have been in the past six (6) years “a declared candidate for partisan federal, state, or local office” (MI Const Art 4 §6(1)(b)(i)) nor, “an elected official to partisan federal, state, or local office.” (MI Const Art 4 §6(1)(b)(ii))
Per the guidance listed on our website under Subsections I and II, a “declared candidate for partisan federal, state, or local office” may be any individual who does one of the following:
- Files a fee, an affidavit of incumbency, or a nominating petition for an elective office
- Is nominated as a candidate for elective office by a political party caucus or convention and whose nomination is certified to the appropriate filing official
- Receives a contribution, makes an expenditure, or gives consent for another person to receive a contribution or make an expenditure with a view to bringing about the individual’s nomination or election to an elective office, whether or not the specific elective office for which the individual will seek nomination or election is known at the time the contribution is received or the expenditure is made
- Is an officeholder who is the subject of a recall vote
- Holds an elective office, unless the officeholder is constitutionally or legally barred from seeking reelection or fails to file for reelection to that office by the applicable filing deadline
Further, an “elected official to partisan federal, state, or local office” is anyone elected to a partisan public office or appointed to fill a vacancy in a partisan public office is not eligible to serve. (MCL 169.205 (4))
As the office of precinct delegate is a partisan position, pursuant to the Michigan Constitution, an individual would be ineligible to serve on the commission if they have in the last six (6) years:
- Filed as a candidate for precinct delegate
- Been elected as precinct delegate
- Served as precinct delegate
I hope this guidance is helpful as you determine whether the eligibility criteria in the Constitution applies to your circumstance. If you have further questions about eligibility that are not answered or clarified by the Eligibility Guidelines listed on our website, please respond to this email and our team will make an effort to provide further explanation as we are able.
Additionally, please note, individuals who are ineligible based on the criteria in the Constitution are not eligible to serve on the Commission. Ultimately, applicants must attest under oath to the truth of their application. As required by the Constitution, the Secretary of State will remove all incomplete and ineligible applications after the application period ends on June 1, 2020.
Thank you again for your correspondence. We appreciate your sincere commitment to ensuring our elections are fair and democracy is representative by being engaged in this historic process. If our team can be of any additional assistance, you may contact us anytime at Redistricting@Michigan.gov.